Ocean rescue operation. How much will it cost?

The rescue of Lithuanian Aurimas Mockus off the coast of Australia, which has attracted public attention, has revealed an important aspect - how such rescues are legally regulated and who has to pay for them.

According to Mantas Baigis, an attorney at AVOCAD, such rescue operations are very clearly regulated by international law. According to the lawyer, rescue at sea is regulated by the International Convention on Maritime Search and Rescue, to which Australia is a party. Under the Convention, States are obliged to provide assistance to anyone in danger at sea, regardless of their nationality or the circumstances of the disaster, i.e. rescue operations at sea do not normally involve the reimbursement of rescue costs.

"However, if it is established that a person intentionally or through extreme negligence (e.g. disregarding warnings) caused a situation that required a rescue operation, proceedings may be initiated to recover the costs of such an operation," notes Baigys.

As regards the salvage operation of Aurimas Mockus' rowing boat and the property it contained, the International Convention on Salvage of Property in Waters applies, which entitles salvage operations to remuneration. The Convention details the conditions for indemnity. In other words, salvors are entitled to remuneration. This remuneration is usually paid out of the pocket of the property owner or insurer.

The lawyer also points out that rescue operations are two different categories. "In any case, whether Aurimas Mockus will be required to pay any costs (if a boat rescue is carried out) will depend on how the situation will be qualified by the Australian organisations responsible for the rescue operations," notes the AVOCAD lawyer.

What are the regulations for rescuing people and property in the Baltic Sea?

Lithuania is also a signatory to the International Convention on Maritime Search and Rescue and is not required to reimburse a person for the cost of his or her rescue (unless the person is found to have acted with extreme carelessness and intent). In addition, Lithuania has adopted the Law on Safe Navigation, which strictly stipulates that ships in the territorial sea and ports of the Republic of Lithuania are obliged to provide assistance to people in distress at sea using the technical means at their disposal. Our country has also acceded to the International Convention for the Salvage of Property in Waters, the provisions of which are applicable to salvage operations, which are normally the responsibility of the owner of the property or its insurer.