ABSTRACT

This chapter examines the legal theoretical nature of the law of salvage and extent to which this can be aligned with environmental protection outcomes. It ultimately concludes that, given the extent to which salvage law represents the outer limits of necessitous intervention, it is unlikely that one could expand the constituent elements of salvage law to include the environment. Moreover, without the necessary legislative mandate, it is inconceivable that any judge would be able or willing to extend salvage and its elements to include the environment without encroaching on the legislative prerogative in relation to the making of law.