A sailboat abandoned during the Sydney Hobart
Raced every year during the last week of the year, the Sydney Hobart usually presents difficult weather conditions in the Tasman Sea, even during this southern summer period. The 2023 edition of the race was no exception and the crew of Huntress, a 38-foot boat entered in the race, paid the price. After a collision with a floating object, the crew suffered damage to the boat's steering and was eventually evacuated, leaving the boat adrift 80 miles off the Tasmanian coast. The yacht finally ran aground a week after Christmas on Cape Barren Island.
Evacuation requests
The grounding area has always been inhabited by aborigines. The Tasmanian Aboriginal Council quickly asked the owners of Huntress to evacuate the boat due to concerns that it would break up on the beach and cause environmental damage, including the loss of fuel and equipment. The salvage operation was successful, with the yacht being towed in one piece to a nearby marina.
Boats traditionally recovered by the aborigines
The story could have ended there, with a happy ending. But an unexpected twist emerged in early January 2023. By delving into the jurisprudence, the aboriginal council considers that the stranded boat had become the property of the aborigines, as it was the tradition, evoking 7 shipwrecks in the 19th century, as it declared to the local press. It thus claims to the owner a compensation for having removed the sailboat without its permission.
If the precedent can worry the yachtsman, it is the occasion to recall the general rules of law of the rescue at sea. If the rescuers can claim compensation, the title of a sailboat lost on the coast remains with its unfortunate owner!
