Merchant Shipping (Wreck Removal) Act 2017 · 2020 Revised Edition · Part 4 · Liability for Wreck Removal
17. Rights of third parties against insurers
Feedback & supportThis section applies where —
a ship is involved in a maritime casualty resulting in a wreck in Singapore’s Convention area; and
at the time of the maritime casualty, the ship is covered by wreck removal insurance.
If the registered owner of the ship is liable for the Director’s costs of locating, marking and removing the wreck under section 10, the Director may recover the costs from the person providing the wreck removal insurance (called in this section the insurer).
registered owner
“registered owner”, in relation to a ship, means —(a)the person registered as the owner of the ship; or(b)in the absence of registration, the person owning the ship,except that, in relation to a ship owned by a State which is operated by a person registered in that State as the ship’s operator, it means the person registered as its operator;
It is a defence for the insurer in a claim under this section to prove that the maritime casualty was caused by the wilful misconduct of the registered owner of the ship.
maritime casualty
“maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
The insurer may also rely on any defences available to the registered owner of the ship.
ship
“ship” means a seagoing vessel of any type whatsoever, and includes hydrofoil boats, air‑cushion vehicles, submersibles, floating craft and floating platforms, except when those platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;
The insurer may limit its liability in respect of a claim made under this section in the same manner and to the same extent as the registered owner of the ship may limit its liability and may do so whether or not the maritime casualty resulted from any act or omission of the registered owner.