Section 391: Criteria for fixing reward and salvor misconduct
(1)
The criteria for determining the reward for salvage operations shall be fixed by taking the following into consideration-
(a)
the salved value of the vessel and other property;
(b)
the skill and efforts of the salvors in preventing or minimizing damage to the environment;
(c)
the measure of success obtained by the salvor;
(d)
thc nature and degree of the danger;
(e)
the skill and effort of the salvors in salving the vessel, other property and life;
(f)
the time spent and expenses and losses incurred by the salvors;
(g)
the risk of liability and other risks run by the salvors or their equipment;
(h)
the promptness of the services rendered;
(i)
the availability and use of the vessels or other equipment intended for salvage operations;
(j)
the state of readiness and efficiency of the salvor's equipment and the value thereof.
(2)
Payment of reward fixed according to subsection (1) of this section shall be made by all the vessel and other property interests in proportion to their respective salved values.
(3)
The rewards, exclusive of any interest and recoverable legal costs that may be payable on the rewards, shall not exceed the salved value of the vessel and other property.
(4)
The court may deprive the salvors of all rewards or may award a reduced reward if it appears that the salvors have by their fault rendered the salvage operation or the assistance that was required more difficult or are guilty of theft, fraudulent concealment or other dishonest conduct.
Cite this section
Section 391, MERCHANT SHIPPING ACT, 2007 (2007).
https://repo.podus.ai/laws/merchant-shipping-act-2007/section/391/