Article 184. Special compensation of the Merchant Shipping Act
1. A rescuer who has carried out rescue operations against a vessel that (or cargo of which) posed a threat of environmental damage and is not entitled to receive remuneration, in accordance with article 183 of this Law, has the right to demand from the owner of the vessel payment of special compensation in the amount specified in paragraph 3 of this Article.
2. In the event that, in the circumstances provided for in paragraph 1 of this article, the rescuer has prevented or reduced environmental damage as a result of his rescue operation, the special compensation paid by the owner in accordance with paragraph 1 of this article to the rescuer may be increased to a maximum of thirty percent of the costs incurred by him. The court or arbitration court may, taking into account the criteria provided for in paragraph 1 of Article 183 of this Law, increase the amount of special compensation to the full amount of expenses incurred by the rescuer during the rescue operation.
3. When determining the amount of special compensation, the actual expenses of the rescuer incurred during the rescue operations and the payment for equipment and personnel reasonably used in the rescue operation are taken into account, taking into account the criteria provided for in paragraphs 8)-10) of paragraph 1 of Article 183 of this Law.
4. Special compensation is paid only in such a case and in such an amount in which such compensation exceeds the remuneration that can be received by the rescuer in accordance with Article 183 of this Law.
5. Special compensation is not paid in full or paid in part if the rescuer was unable to prevent or reduce environmental damage due to his negligence.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
President
Republic of Kazakhstan
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