(1) Where a ship is detained under this Act, and the ship was, at the time of detention, an unseaworthy ship within the meaning of this Part, the owner of the ship is liable to pay to the Minister any costs of and incidental to the detention and survey of the ship; and those costs are without prejudice to any other remedy, recoverable in the same manner as salvage.
(2) Where it is proved that there was no reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the detention of an unseaworthy ship, the Minister is liable to pay to the owner of the ship—
(a) the owner's costs of and incidental to the detention and survey of the ship; and
(b) compensation for any loss or damage sustained by the owner by reason of the detention or survey.