SINGAPORE Law and Practice Contributed by: Mathiew Christophe Rajoo, Probin Dass and Tan Hui Tsing, DennisMathiew
Salvage The statute regulating salvage of vessels in Singapore is to be found in Part 9 of the Merchant Shipping Act 1995. With effect from 24 July 2021, the Merchant Shipping Act 1995 was amended to implement the International Convention on Salvage, 1989, except for salvage per - taining to the following: • fixed or floating platforms, or mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of seabed mineral resources; and • warships or other non-commercial vessels owned or operated by a state and entitled, at the time of salvage operations, to sovereign immunity under generally recognised principles of international law unless that state decides otherwise. 3.3 Convention on Limitation of Liability for Maritime Claims The 1976 Convention on Limitation of Liability for Mar - itime Claims (LLMC 1976) is applicable in Singapore. Singapore has also ratified the LLMC 1996 Protocol, including the 2012 Amendments (other than para - graphs 1 (d) and 1 (e) of Article 2 of the Convention). The applicable limits will be those of the 2012 Amend - ments. The applicable limits came into operation on 29 December 2019, applying to liability arising out of any occurrence that took place after 29 December 2019. 3.4 Vienna Convention on the Law of Treaties Singapore has not ratified the 1969 Vienna Convention on the Law of Treaties (VCLT); however, Singapore’s domestic law and practice align significantly with the VCLT’s general principles regarding the interpretation of treaties. 3.5 Procedure and Requirements for Establishing a Limitation Fund Article 11 (2) of the LLMC 1976 permits the constitu - tion of a limitation fund, either by depositing the sum or by producing a guarantee acceptable under the legislation of the state party where the fund is consti - tuted and considered to be adequate by the court or other competent authority.
chant Shipping Act 1995 and the First Schedule to the Merchant Shipping (Wreck Removal) Act 2017, which gives effect to the Nairobi International Convention on the Removal of Wrecks, 2007 (for all Singapore- registered ships over 300 GT). Pollution As for pollution from a vessel, the International Con - vention for the Prevention of Pollution from Ships, 1973 (Annex I to Annex V) and the 1997 Protocol to the International Convention for the Prevention of Pol - lution from Ships (Annex VI) have been ratified by Sin - gapore. The Singapore Parliament has thus included provisions to give effect to the International Conven - tion for the Prevention of Pollution from Ships, 1973 as modified and added to by the Protocol of 1978 (MARPOL). The Prevention of Pollution of the Sea Act 1990 empowers the MPA to take preventive measures against pollution. In addition, the Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998 – which gives effect to the International Conven - tion on Civil Liability for Oil Pollution Damage, 1992 and to the International Convention on the Establish - ment of an International Fund for Compensation for Oil Pollution Damage, 1992 – addresses liability for oil pollution. The Merchant Shipping (Civil Liability and Compensation for Bunker Oil Production) Act 2008 – which was enacted to give effect to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 – prescribes the penalty for bunker oil pollution. 3.2 International Conventions: Collision and The Merchant Shipping (Prevention of Collisions at Sea) Regulations incorporate the International Regula - tions for Preventing Collisions at Sea, 1972, the latter being set out in the Schedule to the Merchant Ship - ping (Prevention of Collisions at Sea) Regulations. The rules contained in the International Regulations for Preventing Collisions at Sea, 1972 apply to all ves - sels upon the high seas and in all waters connected therewith navigable by seagoing vessels. Salvage Collision
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