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NATIONAL CONTINGENCY PLAN FOR MARINE POLLUTION FROM SHIPPING AND OFFSHORE INSTALLATIONS

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5.    SALVAGE
Associated with Appendix G (Salvage)

The role of SOSREP and the SCU for shipping casualties
5.1    If there is a threat of significant pollution the RCC contacts the salvor or, if not yet appointed, the master or owner of the ship, and the harbour master, if the incident is in a port or its approaches, and offers assistance.  The RCC states that intervention powers may be exercised and instructs those in command of the vessel to give the SOSREP information.  This information must include:

  • whether the owner has appointed a salvor and, if so, its name and contact details;
  • the broad nature of the contract between owner and salvor;
  • information on the intentions of the salvor; and
  • any other important information that has not yet been gathered.

5.2    Simultaneously, as a pollution prevention tactic, the RCC may also task the nearest MCA contracted emergency towing vessel (ETV) to proceed to the area.

5.3    It is for the SOSREP to decide whether the salvor has the capability to carry out the necessary salvage actions, in terms of experience, personnel, and material.  The SOSREP decides whether it is necessary to set up a SCU.  If the size of the incident merits the establishment of a SCU, the SOSREP travels to the scene at an appropriate time.

5.4    The members of the SCU are:

  • the SOSREP;
  • the Salvage Manager from the salvage company appointed by the shipowner;
  • the harbour master, if the incident involves a harbour or its services;
  • a single representative nominated by agreement between the shipowner and the insurers (for both the physical property and their liabilities);
  • a counter pollution and salvage officer;
  • an Environmental Liaison Officer, nominated by the Chair of the Environment Group; and
  • if the SOSREP decides to appoint one, the SOSREP’s personal salvage adviser.

5.5    In the event that the SCU is co-located with an MRC, the membership of the SCU needs to include the members of the MRC with MCA staff fulfilling more than one role.

5.6    The Director/Deputy Director of Operations controls the salvage operation from the Marine Emergencies Information Room (MEIR) at MCA headquarters while the SOSREP is en route to an RCC, or other appropriate forward base, and until the SCU is established.  The MCA also activates all members of MCA’s CPR Branch necessary to assist in the response.

5.7    SOSREP uses all the information available to assess whether the actions proposed are in the public interest.  One of these actions could be the consideration of appropriate places of refuge.  SOSREP also considers what should happen if the current salvage plan goes wrong or the incident escalates in severity.  The SOSREP is empowered to exercise intervention powers to whatever extent is required in the public interest and may take control of the salvage operation, by issuing directions.  If SOSREP takes control of a salvage operation, all those involved act on directions issued.  In other cases, the salvors operate by agreement with, or with the tacit approval of, the SOSREP, without the need to issue further directions.

5.8    Irrespective of any directions issued, MCA arranges for a written record of all decisions made by the SOSREP and sends copies to the other response units as soon as practicable.

Access to the casualty
5.9    If the SOSREP decides that it is necessary for the salvage operation, an On Board Salvage Team in addition to the SCU is established.  This team normally comprises of the Salvage Master and crew, SOSREP’s own representative and, if the shipowner wishes, a Special Casualty Representative (SCR).  The SOSREP strictly monitors and, if necessary, controls access to the casualty, establishing any necessary protocols, through the SCR, with the security plan operated by the casualty in compliance with the International Ship and Port Security Code.

5.10    The SOSREP uses discretion in limiting access.  Every additional body increases the potential problem of rescue, and every additional person increases the risk of confusion as to what the Salvage Master and his crew are doing.

5.11    The SOSREP’s own representative keeps the SOSREP fully informed of developments on board and monitors compliance with any directions issued to those on board.  The SCR may discuss the handling of the casualty with the Salvage Master and reports to his colleague in the SCU.  However, none of those on board have any power of direction.

5.12    Additionally, the SOSREP may allow others with a clearly defined and beneficial role access to the casualty.  For example, the SOSREP may grant a single special representative of hull insurers, or a single special representative of cargo owners and insurers, access to the casualty, i.e. the SCR.

5.13    Similarly, as soon as it is judged that the situation is safe, the SOSREP grants access to one or more inspectors of the Marine Accident Investigation Branch (MAIB).  MAIB has a statutory duty to investigate accidents falling within its jurisdiction and prompt access to witnesses and to other evidence on board greatly facilitates the work of these technical investigators.

The role of the SOSREP for offshore installations
5.14    Incidents occurring at an offshore installation fall under the remit of the installation’s oil spill response plan.  In general, when there is a release of oil from an installation, the tasks of containing and responding to the oil on the water are identical to when a ship spills oil.

5.15    The offshore installation manager is in control of implementing the emergency plan at the installation, while on shore, the company activates its Emergency Response Centre.  The role of the Emergency Response Centre is to support the installation manager offshore and the duty DTI Environmental Inspector attends the Centre if circumstances demand.

5.16    The company has a duty to implement its plan to contain the spill and minimise the environmental damage caused.  There is unlikely to be a need to exercise the Secretary of State’s powers of intervention.  Nevertheless, in a major spill, or where there is a threat of significant pollution, the duty DTI Environmental Inspector, or duty MCA CPSO, informs the SOSREP who monitors the progress of the incident as it is being managed at the operator's Emergency Response Centre.  In consultation with the duty DTI Environmental Inspector, SOSREP decides whether to establish an Operational Control Unit (OCU).  If an OCU is established the duty DTI Environmental Inspector informs the operator and initiates action to set up the OCU.  As set out in Appendix E, the SOSREP is empowered to exercise intervention powers on behalf of the Secretary of State for Trade and Industry to what ever extent is required in the public interest and may take control of the incident, by issuing directions.  If the SOSREP takes control of an incident, all those involved act on directions issued.

5.17    The approved oil spill contingency plan for the installation must identify the location for the OCU and this needs to be in close proximity to the operator’s Emergency Control Centre.  This OCU requires the same support and structure as an SCU and similar links to other operational units engaged in other tasks including search and rescue, at sea clean up and shoreline clean up, as appropriate.  The administrative support required by the OCU will be provided by the DTI and the MCA.

5.18    In addition to the SOSREP, the members of the OCU are:

  • the duty DTI Environmental Inspector;
  • the Emergency Operations Manager, a role defined in the operator's oil spill contingency plan, acts as a link between SOSREP and the Emergency Response Centre where there is a line to the Offshore Installation Manager;
  • the Operator's Representative, a role defined in the operator's oil spill contingency plan, represents the interests of the owner, operator, contractors and liability underwriters of the offshore installation;
  • a CPSO supports the SOSREP, and in the absence of the SOSREP, the duty DTI Environmental Inspector;
  • an Environmental Liaison Officer, nominated by the Chair of the Environment Group, advises the SOSREP on the environmental implications of any proposed actions;
  • the DTI Strategic Adviser provides the SOSREP with advice on the importance of the installation to strategic supplies and other matters of public interest; and
  • A specialist or technical advisor to the SOSREP, either from the operator, the DTI or an independent source, provides advice as circumstances require.  

5.19    Again, there needs to be timely written records of all the SOSREP’s decisions.  All response units should receive copies of these as soon as practicable.  Also, where the SOSREP and OCU do not accept the advice provided by the Environment Group they should record the reasons in writing and pass this to the Environment Group and any other response units formed.

Offshore Renewable Energy Installations
5.20    This plan also recognises the increasing number of offshore renewable energy installations (OREI) that are appearing around the UK coast.  It is considered that any major event involving an OREI would most likely be a response to a vessel adrift or one that had collided with the installation.  OREIs, and windfarms in particular, could potentially impede aerial spraying activities and operators need to be aware that the DTI and/or the MCA has the power to instruct OREIs to shut down in the event of a significant pollution incident using the powers of the SOSREP.

5.21    Offshore renewable energy installations are regulated by the Energy Resources and Development Unit of the Department of Trade and Industry or, if they are within the territorial sea of UK waters adjacent to Scotland, the Energy and Telecoms Division of the Scottish Executive.  Their installation in the sea requires various consents or licences.  In the case of England and Wales, some of these are issued by Defra’s Marine Consents and Environment Unit (MCEU).

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