Chapter 10

Tenth Edition (2017)

Environment; Cost or Expenses relating to Wrecked, Stranded, Abandoned and Sunken Ship

In the 1993 Maritime Liens and Mortgage Convention, wreck removal is no longer included in the list of maritime liens but, to the extent that the removal is effected by a public authority in the interest of safe navigation or the protection of the marine environment, the costs of such removal are paid out of the proceeds of sale before all other claims secured by a maritime lien on the vessel (article 12(4)). Within the above limits, therefore , the costs of the removal had to be qualified as a maritime claim. It appeared, however, reasonable to qualify all costs of removal as a maritime claim, irrespective of their priority in the distribution of the proceeds of sale.

Article 1 of the Geneva Arrest Convention deals with the above subject maritime claim although the convention has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgment to invoke admiralty jurisdiction for ship arrest in India.
BCAS: 7103-1001