Hugh Shaw The UK Secretary of State s Representative Maritime Salvage & Intervention. BTA Annual Conference, Bristol 7 April, 2011

Similar documents
Places of refuge and the role of SOSREP. Hugh Shaw Secretary of State s Representative (SOSREP), Maritime & Coastguard Agency

MARINE SALVAGE: REINFORCING POLLUTION DEFENCE IN EU WATERS

Mike Mitchell Solicitor & Master Mariner MFB Solicitors

NORTH RESIDENTIAL TRAINING COURSE 2018 POLLUTION. Catherine Doyle, Michelle Foster and Eamon Moloney

Before submitting my text, it appears me important to reveal my experience about this specific topic. Son of a

General Average & Salvage Frequently Asked Questions

NOT PROTECTIVELY MARKED A PROTOCOL FOR MEDIA RELATIONS IN THE EVENT OF AN OFFSHORE INCIDENT

The Regime for Liability and Compensation for Oil Pollution Damage from Ships

Nautical Institute P&I Claims

Navigators Group Inc. Insuring a World in Motion

Buenos Aires Colloquium Comité Maritime International. Asociación Argentina de Derecho Marítimo. by Diego Esteban Chami

Enforcement of international maritime legal instruments

INTERNATIONAL SALVAGE UNION. Position Paper on the 1989 Salvage Convention

THE NEW SPANISH SHIPPING LAW

INTERNATIONAL GROUP GUIDELINES FOR INSERTION OF SALVOR CONTRACTS IN US VRPS (NOT WRECK REMOVAL)

POLLUTION LIABILITIES

COMMENTS ON BILL C-64 (AN ACT RESPECTING WRECKS, ABANDONED, DILAPIDATED OR HAZARDOUS VESSELS AND SALVAGE OPERATIONS

E-Navigation & Risk Management The Insurance Industry Perspective

2018 CAMM Conference: April 4-6. National Museum of Bermuda. Ocean Marine Insurance Overview

REGULATION ON IMPLEMENTATION OF INTERNATIONAL SAFETY MANAGEMENT CODE FOR TURKISH FLAGGED VESSELS AND THEIR MANAGEMENT COMPANIES PART ONE

ANNEX II. Reservations for Future Measures. Schedule of Canada Explanatory Notes

The Documentary Committee of The Japan Shipping Exchange, Inc. SALVAGE AGREEMENT. (No Cure No Pay)

Marine Protection Rules Part 143 Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances

MERCHANT SHIPPING (HEALTH AND SAFETY AT WORK) REGULATIONS 2003 BR 52/ 2004 MERCHANT SHIPPING ACT : 35

Annex II - Schedule of Canada. Aboriginal Affairs

The Nairobi International Convention on the Removal of Wrecks. Dr. Matthew Attard GANADO ADVOCATES

6 th Maritime Salvage & Casualty Response

DIRECTIVE 2013/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Terms and Conditions for Bulk Shipments by Barge or Vessel

Marine Protection Rules Part 103: Notifications Oil and Noxious Liquid Substances

PORT QASIM AUTHORITY. Condition of Use for LNG CARRIERS

Det juridiske fakultet Universitetet i Oslo Side 1 av 5

Conditions of Use for LNG CARRIERS

N&B MARINE CONSULTANTS, LLC

EUROPEAN UNION. Brussels, 31 May 2013 (OR. en) 2011/0309 (COD) PE-CONS 8/13 ENER 76 ENV 184 MARE 7 COMAR 12 PROCIV 36 CODEC 522 OC 127

CHAPTER 9. Wreck and Salvage

STANDARD TERMS AND CONDITIONS OF ACCESS FOR ANGRÉ PORT PVT LTD.

Contents. chapter 1 Introduction chapter 2 The sources of law chapter 3 The insurance contract... 36

GENERAL TERMS AND CONDITIONS FOR SELLING AND DE- LIVERING OF MARINE BUNKER FUELS

ANNEX GUIDELINES ON FAIR TREATMENT OF SEAFARERS IN THE EVENT OF A MARITIME ACCIDENT

INCIDENTS INVOLVING THE IOPC FUND

Maritime and Coastguard Agency LMARINE GUIDANCE NOTE. Surveys Enhanced Authorisation Scheme

Marine, Ports & Offshore. Alex Penberthy, Partner Laura Baxendale, Associate

Risk analysis as an integrated operational and legal instrument with respect to the safety of maritime traffic

REPUBLIC OF THE MARSHALL ISLANDS

ANNEX II. Schedule of Canada. Reservations for Future Measures

WC1H 0JL. Char te r e r s G ui de. The Charterer s Guide to Protection and Indemnity Insurance

Offshore Activities responses to Questionnaire.

The International Group

E. N. BISSO & SON, INC. (ENB) Tariff

INTERNATIONAL MARITIME ORGANIZATION S REGIONAL SENIOR MARITIME ADMINISTRATORS WORKSHOP. Montego Bay, Jamaica February 2013

Kulluk Lessons Learned SMIT SALVAGE. Douglas Martin President and General Manager- Houston NAMEPA ANCHORAGE - August 13, 2014

IMO MANUALS AND GUIDANCE DOCUMENTS. Note by the Secretariat

STANDARD CONDITIONS OF BUSINESS FOR MARINE SERVICES: Pilotage and Towage

US Vessel Response Plans - Salvage and Marine Fire fighting Requirements

Lloyd s Open Form - A time to innovate.. David Lawrence Controller of Agencies, Lloyd s

Fowler, Rodriguez, Kingsmill, Flint, Gray, & Chalos, L.L.P. The International Convention on Civil Liability For Bunker Oil Pollution Damage, 2001

Notice to Mariners No. 71

Introduction to P&I The background, the rules and the wet stuff. - Part two- Nordisk Institutt for Sjørett Andreas Brachel Gard

6904/13 ADD 1 GW/st 1 DG E

Canada s Ship-Source Oil Spill Preparedness and Response

Understanding Claims Handling Process & its Complexities

GUIDE ON PRACTICAL METHODS FOR THE IMPLEMENTATION OF THE OPRC CONVENTION AND THE OPRC-HNS PROTOCOL

Contents. Cargo Guidelines for F(P)SOs out now OVPQ, CAT2 and Ship Assist OVIQ Questionnaires Dynamic Positioning Assurance Framework: Riskbased

CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976

Mis o Mudric Dezinsekcija d.o.o. v Anomyo Maritime CO.S.A (The Serine) P-4900/09-7, High Commercial Court of Republic of Croatia, 19 March 2011

RULES OF PRACTICE OF THE ASSOCIATION OF AVERAGE ADJUSTERS OF THE UNITED STATES

Marine THIS INFORMATION IS INTENDED FOR INSURANCE BROKERS AND OTHER INSURANCE PROFESSIONALS ONLY. Global reach, local service.

Ship-source Oil Pollution Fund CLAIMS MANUAL 2014 EDITION

CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS

Marine liability insurance.

INCIDENTS INVOLVING THE 1971 FUND

PROVISION OF PROFESSIONAL SERVICES FOR THE PREPARATION OF A NATIONAL OIL SPILL CONTINGENCY (NOSCP) Needs Assessment Report

enavigation IUMI International Union of Marine Insurance The Insurance Perspective

PORT OF CAPE FLATTERY PORT RULES

PACC Offshore Services Holdings Ltd. Corporate Overview SGX-Goldman Marine Oil & Gas Corporate Day 3 March 2017

INDEX. xxi INDEX : (2017) 23 JIML

RISK ASSESSMENT IN SHIP OPERATIONS

GOVERNMENT OF RAS AL KHAIMAH RAK PORTS PILOTAGE DIRECTIONS RAK PORTS INTEGRATED MANAGEMENT SYSTEM

Mick Borwell Environmental Issues Director

(a) Port Dues for Vessels Loading/Discharging Cargo or Embarking/Disembarking Passengers or Engaged in Other Afloat Activities (Category 1)

Part Objective. The rules are made pursuant to sections 386, 387 and 388 of the Maritime Transport Act 1994.

CROATIAN PARLIAMENT DECISION PROMULGATING THE ACT ON AMENDMENTS TO THE MARITIME CODE

HEALTH, SAFETY AND ENVIRONMENTAL POLICY

The Shipowners Club Yacht Liability Insurance. Policy

Proposed Canadian Legislative Regime. For the Remediation of Hazards Related to Shipwrecks. Discussion Paper

Convention on Limitation of Liability for Maritime Claims, 1976 (London, 19 November 1976)

Official Journal of the European Communities

Chinese Law on Protection of the Marine Environment Caused by Ship Oil Pollution - Lessons Learned for Vietnam

China s 2009 Regulation on the Prevention and

ALL SHIPOWNERS, OPERATORS, MASTERS AND OFFICERS OF MERCHANT SHIPS AND AUTHORIZED CLASSIFICATION SOCIETIES.

CABOTAGE THE NIGERIAN PERSPECTIVE. Introduction

LIAISON AGREEMENT BETWEEN THE IRISH COAST GUARD (IRCG) AND THE DUBLIN FIRE BRIGADE ON THE ARRANGEMENTS FOR A FIRE BRIGADE MARINE EMERGENCY

OCEAN ECONMOMY MARITIME ZONES DELIMITATION EXTENDED: JMA OCEAN OBSERVATORY

1: Date and Place of Agreement INTERNATIONAL SALVAGE UNION LUMPSUM SUB-CONTRACT S A L V C O N

STATUTORY INSTRUMENTS

2010 No MARINE POLLUTION. The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

The Legal Regime of Offshore Oil Rigs in International Law

Safety at sea. Security on shore.

Transcription:

SOSREP - Working in Partnership with the Tug Industry Hugh Shaw The UK Secretary of State s Representative Maritime Salvage & Intervention BTA Annual Conference, Bristol 7 April, 2011

Key Milestones

TORRY CANYON 1967 Intervention Convention [1969]

AMOCO CADIZ - 1978

BRAER Shetland 1993

Temporary ETV Provision

SEA EMPRESS 1996 Introduction of the SOSREP (1999)

Lord Donaldson s Review 1.The Trigger point is when there is a threat of significant pollution to the UK s pollution control zone, territorial waters or coastline; 2.Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty

Lord Donaldson s Review 3. MCA as a whole should play a much larger part in operations in response to a threat of significant pollution than has been the case in the past ; 4. Involvement of Ministers in Operational decisions is not a practicable option

Lord Donaldson s Review There should be ultimate control of salvage by a Secretary of State s Representative acting in the overriding public interest - SOSREP -

The SOSREP Function One person to act as representative of Secretary of State (s) Free to act without recourse to higher authority Ultimate & Decisive voice Can exercise Ultimate control Cannot choose to ignore a situation Tacitly approves all actions Whilst operations are in progress Must be Backed or sacked

Four Main Theatres of Activity Search and rescue Salvage - control and containment of the cause of threat Clean up at sea Clean up of the shoreline

ETV Contract Awarded to Klyne Tugs 2001

Coastguard Agreement for Salvage & Towage (CAST-2002)

European ETV Deployment

New Legislation The Offshore Installations [EPC] Regulations 2002 Marine Safety Act 2003 - risk to safety - persons in control of land + facilities EU Directives SOSREP Competent Authority for Places of Refuge

Role of the SOSREP To represent the Secretaries of State for Transport and Department for Energy and Climate Change by removing or reducing the risk to persons, property and the UK environment arising from accidents involving ships, fixed or floating platforms or sub-sea infrastructure within UK waters, within the remainder of the UK Pollution Control Zone (UK PCZ) and on the UK Continental Shelf. - Introduction to Maritime Counter Terrorism

Dealing with an Incident High Profile / Salvage

Breakdowns & Intervention

Existing Arrangements MCA DCPSO task ETV to proceed casualty Following risk assessment ETV Contractor permitted to seek commercial contract in competition with other tug operators/brokers SOSREP ability to direct Master to accept line. [IC, FC Direction] SOSREP ability to request ETV to put line on board seek payment via arbitration Salvage Convention 1989

Current ETV Capability 24 hour availability Well practiced communications and exercises with UK Coastguard & French Prefecture Maritime Specialist expertise of the vessel s officers and crews. The importance of experienced and rehearsed team-work and co-ordinated action that is both safe yet able to take advantage of the precise moment when a connection can be made.

In the last twelve months alone the ETVs have played a major role not just in salvage but also in fire-fighting, flooding control, casualty evacuation, search and rescue, pollution counter-measures, recovery of floating debris, anchor-handling, vessel escort and hydrographic surveying.

Government Decision not to renew ETV Contract Sep 2011 MCA no longer have ability to mobilise tug as a precautionary measure without potential for delays between Master, Brokers, Insurers, SOSREP and/or other parties SOSREP retains ability to direct Master to accept a line from a suitable tug SOSREP has ability to take such action as it appears to him necessary or expedient for the purpose for which the direction could have been given or was given. SOSREP no ability to direct a commercial tug to place a line on board a casualty.

Lord Donaldson Intervention Omissions 1. Referred to persons owning or managing berths, wharfs or jetties to which the ship might be taken. 2. The local authority whose area might be affected by pollution from the ship. 3. Referred to those who may be able to render salvage services, the potential salvors of the vessel. Govt accepted that, at least when a potential salvor is not a United Kingdom subject, it is not possible to legislate to empower the Secretary of State to require him to render salvage services. Accordingly, we recommend no change in this respect.

Way Forward Transport Select Committee 24 April 2010 Need for MCA to revisit existing procedures and protocols. CAST been used in a handful of incidents since 2002 will we see an increase in its use? Is there a need for the MCA to develop a new or use another contract with tug owners/operators? What standards/training are in place for emergency towing? Will commercial tug owners/salvors act under direction of the SOSREP and seek award through arbitration under International Convention on Salvage, 1989? Vessels of Opportunity Fit for Purpose - Bribery Act 2010.

Thank You for listening. Any Questions?