Merchant Shipping (Salvage and Wreck) Act, 1993
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Claims of owners of wreck. |
46.—(1) Where in respect of any wreck in the possession of the receiver a person establishes a claim to ownership thereof to the satisfaction of the receiver within one year from the time when the wreck came into the receiver's possession, then such a person shall, on paying the salvage, fees and expenses due, be entitled to have possession of the wreck or of the proceeds of the wreck. | |
(2) Where any foreign wreck is found in the State, or is brought into any harbour in the State, a diplomatic agent of the state, or any consular officer of that state authorised in that behalf by any treaty arrangement with that state, in which— | ||
(a) where the wreck is a vessel or part of a vessel, the vessel was at the relevant time registered, or | ||
(b) in the case of any other wreck, the owners of such wreck resided, | ||
shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, as far as relates to the custody and disposal of such foreign wreck. | ||
(3) In this section— | ||
“consular officer” means a career consular officer or an honorary consular officer both of which shall be construed in accordance with Article 1 of the Vienna Convention on Consular Relations done at Vienna on the 24th day of April, 1963, which Convention is set out in the Second Schedule to the Diplomatic Relations and Immunities Act, 1967 ; | ||
“diplomatic agent” has the meaning assigned to it by Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, which Convention is set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 . |