Section 153: Special compensation

153. Special compensation (1) Where a salvor has carried out a salvage operation in respect of a vessel which, by itself or its cargo, threatened damage to the environment, and has failed to earn remuneration under this Sub-Part equivalent at least to the special compensation assessable under subsection (2), he shall be entitled to special compensation from the owner of that vessel equivalent to the out-of-pocket expenses reasonably incurred by him in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in paragraphs (h), (i) and (j) of section 151 (1). (2) Where, in the circumstances set out in subsection (1), the salvor by his salvage operation has prevented or minimised damage to the environment, the special compensation payable by the owner to the salvor under subsection (1) may be increased, but in no event shall the total increase be more than 100 per cent of the expenses incurred by the salvor. (3) The total special compensation assessable under this section shall be paid only if and to the extent that such compensation is greater than any remuneration recoverable under section 151. (4) Where the salvor, in carrying out the salvage operation, has acted negligently and thus failed to prevent or minimise damage to the environment, he may be deprived of any special compensation payable under this section. (5) In determining remuneration under sections 151 and 152, and assessing special compensation under this section, it shall not be necessary to award remuneration up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under this section.