Challenges of a Ship Owner During Salvage

1. Indian National Shipowners’ Association (INSA)
“CHALLENGES IN MARINE SALVAGE &
EMERGENCY RESPONSE”
Shipowners perspective
25th May 2018, Mumbai
24 May 2019 Indian National Shipowners' Association 1

2. 24 May 2019 Indian National Shipowners' Association 2
An overview of Marine Claims worldwide

3. World of
Salvage
Gross revenues of ISU members
stands at USD 476 mil
Who killed the LOF?
Impact of SCOPIC on salvage
services
Principal of “Shared Risk”
The Three parties – Ship owner,
Insurer and Salvor

4. Challenges
for a Ship
owner
Multiplicity of authorities to question, egos, but who has
authority to assist or action to prevent? See it
Permission for Port tugs to leave harbour; who is the
overarching boss?
Maritime boards lack appreciation and resources; do
they care?
Jurisdiction - Coast guard beyond 5 NM; Near Land
Marine police – no skills and resources .
Unfriendly insurance surveyors; not Surveyors but claim
assessors!
Demands of authorities on the officer ashore
No compulsion to provide Port of Refuge
Lack of soft touch – “Let me help you” !!

5. Indian National Shipowners' Association 24 May 2019 5
The Merchant Shipping Act 1958
Coast Guard Act, 1978
Inland Vessels Act 1917
The Environment (Protection) Act, 1986 (amended 1991) and Rules
there under
The Environment (Protection) Act, 1986 (amended 1991) and Rules
there under
The Factories Act, 1948 (amended 1987)
State Factory Rules
The Dock Workers (Safety, Health & Welfare) Act, 1986
Covers handling of dangerous goods (IMDG class cargoes)
Applicable to all Major Ports
The Inflammable Substances Act, 1952
The Public Liability Insurance Rules, 1991 (as amended 1992 and
1993)
The Petroleum Act, 1934
The Petroleum Rules, 2002
The Insecticide Rules, 1968 (amended 2000)
The Insecticide Rules, 1971 (amended 1999)
The National Environment Tribunal Act, 1995
The National Green Tribunal Act, 2000
The Explosives Act, 1884 (amended till 1983)
The Gas Cylinder Rules, 2004
The Static and Mobile Pressure Vessels (Unfired) Rules, 1981
(amended 2002)
The Explosives Rules, 1983 (amended 2002)
National Disaster Management Guidelines for Chemical Disasters,
2007

6. What does a
Ship owner
want?
24 May 2019
Indian National Shipowners' Association 6
One Single authority who is not “at sea”
Appreciation of the need to fund infrastructure
– Political masters to be briefed and educated
National SOP to Private and Government Ports
– Assistance by Tugs
Need to get IRDA to better the quality of
Surveyors; match international practices
H&M Companies to adopt standard practices
for claims handling and managing

7. THANK YOU