Power to require owner to raise, remove or destroy vessel, aircraft or other obstruction
Open ↗57.—(1) If in the opinion of the Authority any vessel, aircraft or other object sunk, stranded or abandoned within the port or the approaches to the port is, or is likely to become, an obstruction, impediment or danger to navigation or to the safe and convenient use or operation of the port, the Authority may by written notice require the owner or agent of the vessel, aircraft or object to raise, remove or destroy the whole or any part of such vessel, aircraft or object within such time specified in the notice.
(2) Any notice to be served by the Authority under subsection (1) is deemed to be sufficiently served if addressed to “the owner” of the vessel, aircraft or object (as the case may be) and —(a)
sent by telex or registered post to the last known place of residence or business or registered office of the owner of the vessel, aircraft or object; or
(b)
affixed to a conspicuous part of the vessel, aircraft or object.
(3) Any person who fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the notice is not complied with.
Power to raise and remove vessel, aircraft or other obstruction
Open ↗58.—(1) Despite section 57, if the vessel, aircraft or other object is not raised, removed or destroyed within the time given in the notice under that section, the Authority may —(a)
take possession of and raise, remove or destroy the whole or any part of the vessel, aircraft or object;
(b)
light, mark or buoy the vessel, aircraft or object until its raising, removal or destruction; and
(c)
sell, in any manner that it thinks fit, the vessel, aircraft or object.
(2) The Authority may use the proceeds of the sale under subsection (1)(c) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section.
(3) The Authority must on demand pay the surplus (if any) of the proceeds of the sale under subsection (1)(c) to the owner or any person entitled to it and if no demand is made by the owner or any person entitled to the surplus within 12 months from the date of the sale, the surplus must be paid into the funds of the Authority.
(4) If the proceeds of the sale under subsection (1)(c) are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction.
(5) If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (1)(a), the owner of the vessel, aircraft or object must reimburse the Authority for the expenses incurred by the Authority in such destruction.
(6) In this section, “vessel” or “aircraft” includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or an aircraft, as the case may be.
