Merchant Shipping Act 1995 · 2020 Revised Edition · Part 9 · Wreck and Salvage
172. Detention of property liable to salvage by receiver
Feedback & supportLast amended by an amending law of 2020. 2 amendments in all.
Where salvage is due to any person under this Act, the receiver must —
salvage
“salvage” includes all expenses properly incurred by the salvor in the performance of salvage services;
if the salvage is due in respect of services rendered in assisting any ship, or in saving life therefrom, or in saving the cargo or apparel thereof, detain the ship and cargo or apparel; and
if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under this Act, detain the wreck.
Subject to subsection (3), the receiver must detain the ship and the cargo and apparel, or the wreck (called in this Act detained property), until payment is made for salvage or process is issued for the arrest or detention thereof by the General Division of the High Court.
A receiver may release any detained property if security is given to his or her satisfaction or, if the claim for salvage exceeds $1,000 and any question is raised as to the sufficiency of the security, to the satisfaction of the General Division of the High Court.
court
“court”, in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;
Any security given for salvage under this section to an amount exceeding $1,000 may be enforced by the General Division of the High Court in the same manner as if bail had been given in the General Division of the High Court.