PRESENTATION TO THE SELECT COMMITTEE ON

ECONOMIC AND BUSINESS DEVELOPMENT

17 MARCH 2015

Nairobi International Convention

on the Removal of Wrecks,2007
 PURPOSE OF THE BRIEFING

To brief the NCOP on the Nairobi

Convention on wreck removal
To request the NCOP to approve the
ratification of the Nairobi Convention
To request the NCOP to recommend the
tabling of the Convention to the
National Assembly
To note the contents of the
presentation
 REASONS FOR DEVELOPING
THE CONVENTION
Incidents and accidents occurring at
sea
Abandonment by owners
Hazards to navigation
Marine environment protection
Adoption of uniform standards
Prompt and effective removal of wrecks
 Reasons continued
Payment of compensation for cost
Identification of responsibilities,
location & liabilities
Uniformity of legal instruments applied
Application of international Law
governong oceans and seas
Monitoring implementation
 IMPORTANT DEFINITIONS

Convention area
(i) EEZ (Exclusive economic Zone) of a State
Party
(ii) Area beyond and adjacent to the territorial
sea of that state, extending not more than 200
nm
A ship- seagoing vessel of any type, boats, air-
cushio vehicles, sumersibles, floating craft,
floating platforms
(except those that are on location engaged in
the Exploration &exploitation or production of
the seabed mineral resources
 Definitions continued
Wreck
(i) A sunken or stranded ship
(ii) Any part of a stranded or sunken ship
(iii)Any object that is or has been on board
(iv)Any object that is lost at sea from a ship-
that is stranded, sunken or adrift ar sea
or ocean
(v) A ship that is about or expected to sink
or to strand
(vi)Hazard-condition or threat that poses
A danger or impediment
That may result in major harmful
consequences
 Definitions continued
Maritime Casualty-
(i) Collision of ships
(ii) Stranding
(iii)Incident of navigation
(iv)Occurancies on board or externally
Resulting in material or imminent
damage, threat of material damage to the
ship or its cargo
 SCOPE OF APPLICATION
Applies to wrecks in the Convention area
States territory or territorial sea- notification of
the SG required if there is a deviation
State not precluded from taking measures
other than locating, marking removing
according to the Convention
Notification must be made before the entry into
force, if not it shall take effect 6 months after
receipt by the SG
Notification can be withdrawn anytime
And withdrawal will take effect after 6 months
of receipt by SG
 EXCLUSIONS TO THE APPLICATION OF
THE CONVENTION
Intervention in High If a state decides to
seas(oil Pollution)& apply the Convention
its protocol(pollution to warships & other
by substances other vessels, it shall notify
than oil) the SG explaining the
Any warships or conditions
ships operated by the
state If so, articles 2 , 9 (par
Ships used for non- 1,5,7,8,9&10) and 15
commercial service- will not apply in that
unless the state state
decides otherwise
 OBJECTIVES OF THE CONVENTION

To remove wreck that Or exercising

poses hazard sovereignty at the
To assign high seas
proportionate
measures to hazards To encourage
To apportion what is cooperation when
reasonably necessary dealing with effects of
to remove the wreck a casualty that can
To prevent claiming result to a wreck
rights on the high
seas
 REPORTING WRECKS
Master and operator Nature of the damage
flying its flag will Condition of the
report wreck
To the affected state Nature and quantity of
Information about the the cargo(hazard
name and principal noxious)
lace of business Amount and types of
Whether the wreck oil
poses hazard Bunker oil or
Location of the wreck lubrication oil on
Types , size and board
construction of the
wreck
LOCATING AND MARKING WRECKS

Notification received by affected state

It warns mariners and states concerned
Describes the nature and location
Establish the precise
location(coordinates/bearings)
Affected State marks the wreck
Markings should conform with accepted
international systems of buoyage in use in the
area
Notification by apprpriate nautical publications
 DETERMINATION OF HAZARDS
(WHETHER WRECK POSES HAZARD OR NOT)
Type, size and Traffic density and
construction of the frequency
wreck Type of traffic
Depth of water in the Nature and quantity of
area the wrecks cargo
Tidal range and Vulnerability of port
currents in the area facilities
Are there any PSSAs Prevailing
designated meteorological and
Proximity of the ship hydrographical
routes conditions
 Determination continued
Submarine topography
Height of the wreck above and below the
surface
Lowest astronomical tide
Acoustic and magnetic profiles of the
wreck
Proximity of offshore installations,
pipelines, telecommunication cables
Any other
 MEASURES TO FACILITATE
REMOVAL OF WRECKS
Affected state to inform state Registered owner may
of the ships registry and the contract any salvor to
registered owner remove the wreck
Consult the state registry
state Affected state may lay
Consult other affected states conditions of such
Registered owner required
removal
to remove the wreck
Registered owner/other To ensure that the
interested parties to provide process of removal
the competent authority proceeds in
woth evidence of insurance consideration of safety
ot financial security nad protection of
marime environment
 Measures to facilitate removal
continued
Affected state may Inform the registered
intervene to ensure owner in writing that it
safety and protection of intends to intervene
marine environment immediately (if he
May set deadlines for cannot be contacted)
removal Inform the state registry
Inform the Registered as such
owner in writing of the Registered owners of
deadline party states must
That it may take over comply
removal if the deadline State parties are
is not met expected to give
At owners expense consent
 COMPULSORY INSURANCE AND
FINANCIAL SECURITY
Registered owner to
maintain insurance and
other financial security
For vessels of 300 gross
tonnage and above
To cover liability under
the Convention
Must carry a certificate to
that extent issued by an
appropriate authority
The certificate must show
particulars such as:
Name of the ship, IMO
number, port of registry
Gross tonnage and name
of the business
Type and duration of
security
Place of business of the
insurer
Period of validity of the
certificate
LIABILITY OF THE REGISTERED OWNER(RO)

RO liable for cost of locating, marking,

removing the wreck unless he proves
(i)Wreck caused by war, hostilities, civil
war, insurrection, natural phenomena,
(ii)Was wholly caused by act of omission
done by a third party
(iii) Wholly caused by negligence or
wrongful act by a responsible authority
for maintenance of light or navigational
aids
 EXECEPTION TO LIABILITY
If liability would be in conflict with:
(i)International Convention on Civil liability
for oil pollution Damage , 1969 as amended
(ii)International Convention on Liability and
Compensation for damage in connection
with the Carriage of Hazardous and Noxious
Substances by sea, 1996
(iii) Convention on Third Party liability in the
field of nuclear energy, 1960 as amended
(iv) Vienna Convention on Civil liability for
nuclear damage, 1963 or national law
(v)Convention on Civil Liability on Bunker
Oil Pollution Damage 2001 as amended
 IMPLEMENTING AGENCY

SAMSA
Certificate confirmation- Port State
control
The Convention will be enacted
Financial implication will occur where
the wreck is abandoned or owners
cannot be contacted depending on the
urgency
 THE CONSULTATION PROCESS
CONDUCTED
Department of Justice Convention presented
& Constitutional to Cabinet
Development Presentation to ICTS
DIRCO International Cluster
State Law Advisers International Fund For
State Law Advisers Animal Welfare
SAMSA, TNPA, Department of
Maritime Law Environmental Affairs
Association (MLA) All structures
Association of supported ratification
Shipping Lines
 ENTRY INTO FORCE

12 Months after the date on which

states have deposited the instruments
of acceptance and ratification to the
IMO
Nationally, the Convention shall enter
into force 3 months following the date
of deposit by such state of the
appropriate instrument, but not before
the Convention has entered into force
 NATIONAL INTEREST: ECONOMIC GROWTH , JOB CREATION &
AND PROMOTION OF THE SOUTH AFRICAN IMAGE IN TOWING
AND SALVAGE INTERNATIONALLY

DOT is developing a Salvage Strategy

It will define aligning with Salvage and Wreck removal
conventions how Salvors will work in the South African
territorial waters
South Africans will be encouraged to own Salvor
businesses
Priority will be given to them
Jobs in Salvors will be created
Divers will be trained to collect wreck on behalf of the
State, not for themselves
A wreck item belongs to the state until the owner claims
or is identified
Owners of other wrecks will be identified
 TIME- FRAMES
Presentation to NCOP 17 March 20015
National Assembly Q1
Deposition of the Q2
instrument of
ratification
Enactment by SA Q3
 END

THANK YOU