1. BALLAST WATER MANAGEMENT
Refer MGN 363 - The Control and
Management of Ships’ Ballast Water
And Sediments
The ballast water that ships require to maintain
stability and ensure manoeuvrability contains
microscopic organisms. Most will not survive
the voyage, but those which do may establish
themselves in a new environment. As nonnative species these can have a severe impact
on local ecology, economy and public health.
The Ballast Water Management Convention
provides a structure to address the issues of
ballast water and provides two performance
standards for the discharge of ballast water - D1
and D2
The D1 standard is for ballast water exchange,
and specifies the volume of water to be
replaced.
The D2 standard covers approved ballast water
treatment systems, and specifies levels of viable
organisms left in water after treatment.
Other guidelines issued in relation to the
Convention include procedures for:
ships to carry a ballast water management
plan approved by the administration
recording and reporting of ballast
management (ballast water record book)
International Ballast water management
certificate
The D1 standard developed by the IMO, as part
of the Ballast Water Management Convention,
specifies that you must replace at least 95 per
cent of the water.
If the exchange involves pump-through of
ballast tanks, at least three times the volume
should be pumped through each tank. As safe
and effective ballast water exchange at sea
depends on weather and sea conditions, an
exchange may not always be possible.
At no time when undertaking ballast water
exchange should the stability of the vessel be
impaired. To maintain the stability of the vessel
a combination of flow through or the sequential
method can be carried out.
Standard D2 specifies that treated and
discharged ballast water must have: (not imp to
remember read through once)
fewer than ten viable organisms greater
than or equal to 50 micrometers in
minimum dimension per cubic metre
fewer than ten viable organisms less than 50
micrometres in minimum dimension and
greater than or equal to 10 micrometers in
minimum dimension per millilitre
In addition, Standard D2 specifies that your
discharge of the indicator microbes shall not
exceed specified concentrations as follows:
toxicogenic vibrio cholerae (O1 and O139)
with less than one colony-forming unit (cfu)
per 100 millilitres or less than 1 cfu per 1
gram (wet weight) zooplankton samples
escherichia coli less than 250 cfu per 100
millilitres
intestinal enterococci less than 100 cfu per
100 millilitres
Ships undertaking ballast water exchange
should conduct it at least 200 nautical miles
from the nearest land and in water at least 200
metres in depth;
Or in cases where the ship is unable to conduct
ballast water exchange in accordance with the
above, as far from the nearest land as possible,
and in all cases at least 50 nautical miles from
the nearest land and in water at least 200
metres depth

2. WRECK AND SALVAGE LAW
If you recover wreck material within UK
territorial waters, or bring wreck material into
UK territorial waters, you must report it to the
Receiver of Wreck. The Receiver is required to
notify Lloyds of recovered property considered
to be worth more than £5,000.
The post of Receiver of Wreck currently sits
within the Maritime and Coastguard Agency
(MCA). The Receiver is responsible for
processing incoming reports of wreck and
ensures that the interests of both salvor and
owner are taken into consideration by:
researching and establishing who owns the
wreck
liaising with the finder and owner, and other
interested parties such as archaeologists and
museums
If you recover wreck material, you must declare
it to the Receiver. Finders should report their
recoveries by submitting a completed Report of
Wreck and Salvage Form within 28 days of the
recovery.
Elements of salvage (COMMON LAW)
property must be in danger
service must be voluntary
there must be success
it must be a maritime property
it must occur in tidal waters
Salvage awards
A salvor, acting properly under the law, is likely
to be entitled to a salvage award. This salvage
award cannot exceed the salved value of the
recovered material. This is listed under article
13.
The award is calculated based on the following
factors:
 the salved value of the property
 the skills and efforts of the salvors in
preventing or minimizing damage to
the environment
 the skills and efforts of the salvors in
salving the vessel , other property and
human life
 the measurement of success
 the nature of the degree of danger
 the time used and expenses incurred by
the salvors
 the promptness of the service rendered
 the availability and the use of vessels
equipment intended for salvage
operations
 the state of readiness and efficiency of
the salvors equipment
Article 14 was used to determine the awards in
case of failures. The criteria included
 fare rate and expenses to the salvor
 30 – 100% bonus if the property was
considered to be a threat to the
environment
Article 14 did not resolve some key concerns
like “fair rate” and whether or not the ship is a
threat to the environment or not. This led to
the salvors not attempting to commit salvage
exercises for risky ships under common law
The Special COmpensation & Protection &
Indemnity Clause (SCOPIC) (CONTRACT LAW)
Was introduced as a result of the agreement
b/w P&I clubs, Lloyds & the International
salvage union. It is supplementary to the LOF
agreement and incorporates the main
provisions of Article 14. If invoked, then the
award will be calculated on the basis of the
scopic clause and not article 14. The salvor has
the option of invoking the clause.

3.  Once invoked the owners of the vessel
are required to post a security of 3
million US$ within 2 working days
 If the service is successful then the
award is calculated using article 13
 If the award exceeds the amount of
security then the excess will be
discounted by 25%
 If the service is not a success then the
salvor will be paid for the expenses
incurred plus 25% without having to
prove that the property was a threat to
the environment
 To ensure that that the service is being
provided with reasonable expenditure
the
ship
owner
appoints
a
SHIPOWNER’S CASUALITY REP. (SCR)
 See also LOF 2011
TOWAGE
Towage is defined as a contract to push, pull or
to escort a ship to the destination. It is a
contract b/w the ship and the towage vessel
and it heavily favours the towage vessel.
OBLIGATIONS OF THE TUG
 The tug owner must use his/her best
endeavors to bring the vessel to its
agreed destination
 The towage contract may become a
salvage contract if the contract
becomes frustrated i.e. if while
performing the contract the situation
becomes too difficult to complete the
contract as per the previously agreed
terms. Mere changes in the conditions
are not a good reason for the contract
to become frustrated
Under vicarious liability the tow is still
responsible for the action and any damage
caused by the tug.
Types of towage contracts
 UKSTC (UNITED KINGDOM STANDARD
CONDITION FOR TOWAGE AND OTHER
SERVICES): used for port towage and
are charged as per the amount of time
they are used for.
 TOWCON: deep sea towage contracts,
payments are based on lump sum basis
 TOWHIRE: deep sea towage contract,
payments are based on daily rates

4. GENERAL AVERAGE
There is a general average act when, and only
when, any extraordinary sacrifice or
Expenditure is intentionally and reasonably
made or incurred for the common safety for the
purpose of preserving from peril the property
involved in a common maritime adventure.
The five component parts of a general average
loss are therefore:
a) an extraordinary sacrifice or expenditure,
b) which is intentionally
c) and reasonably made
d) against a peril,
e) in order to benefit the common venture
The York & Antwerp rules are a set of
internationally recognized rules drawn up by a
number of maritime countries to enable the
assessment of each party towards the
contribution after a General Average has been
declared.
It consists of 7 lettered rules (A – G) statting
general principles and
22 number of rules ( i – xxii) dealing with
specific matters
The process of calculating the contributions
from each party is known as ADJUSTMENT