Section 140: Wreck in territorial sea
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
140. Wreck in territorial sea
(1) (a) Where any vessel is sunk, wrecked or stranded within the territorial sea of Mauritius but outside the limits of any Port in such a manner as to
be or be likely to become an obstruction or danger to navigation, the master,
owner or agent shall raise, remove or destroy the vessel within 15 days of
the occurrence of the event.
(b) After the 15-day period, on failure of the master, owner or agent
to act, the Receiver may exercise any of the powers conferred by subsection (2).
(2) The powers referred to in subsection (1) (b) are—
(a) to take possession of, and raise, remove or destroy the vessel
and any other property to which the power extends;
(b) to light or buoy the vessel and any other such property until it is
raised, removed or destroyed;
(c) subject to subsections (5) and (6), to sell, in such manner as the
Receiver thinks fit, the vessel so raised or removed and any
other property referred to in subsection (3) and recovered in the
exercise of the powers conferred by paragraph (a) or (b); and
(d) to reimburse himself, out of the proceeds of the sale, for the expenses incurred by him in relation to the sale.
(3) The other property to which the powers conferred by subsection (2)
extend is every article, thing or collection of things being or forming part of
the equipment, cargo, stores or ballast of the vessel.
(4) Any surplus of the proceeds of a sale under subsection (2) (c) shall be
held by the Receiver in trust for the person entitled thereto.
(5) Except in the case of property which is of a perishable nature or
which would deteriorate in value by delay, no sale shall be made under subsection (2) (c) until at least 7 days’ notice of the intended sale has been
given by advertisement in a local newspaper.
(6) At any time before any property is sold under subsection (2) (c), the
owner of the property shall be entitled to have it delivered to him on payment of its fair market value.
(7) The market value of property for the purposes of subsection (6) shall
be that agreed to between the Receiver and the owner or, failing agreement,
that determined by a valuer appointed for that purpose by the Minister.
(8) The sum paid to the Receiver in respect of any property under subsection (6) shall, for the purposes of this section, be treated as the proceeds
of sale of the property.
[Issue 2] M62 – 72
Revised Laws of Mauritius
Sub-Part III – Salvage