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Section 51: Power to raise and remove wrecks

Ports Act · PART VIII: CONSERVANCY

consolidated text (as at 2014, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

51. Power to raise and remove wrecks (1) The Authority may raise, remove, destroy or otherwise dispose of any vessel which is sunk, stranded or abandoned in the waters of a port. (2) (a) Where the Authority has exercised any of its powers under subsection (1), it may cause the vessel or its cargo or anything associated with the vessel to be sold in such manner as it thinks fit. (b) Where a sale is effected under paragraph (a), the Authority may, out of the proceeds of the sale, retain the expenses incurred by it— (i) in marking, buoying, watching, lighting or otherwise controlling the vessel or its cargo; (ii) in removing or saving the cargo or anything associated with the vessel; or (iii) in giving warning to shipping of the presence of the vessel. (c) The Authority shall pay any surplus remaining after retention of the expenses to any person entitled to it, if an application for the payment is made to the Authority by that person before the expiration of one year from the date of the sale. (3) Where the proceeds of a sale are insufficient to reimburse the Authority for its expenses, or there is no sale, the Authority may recover from the person who, at the time of the sinking, stranding or abandonment of the vessel, is or was its registered owner, or from the administrators or executors of the owner, or from any person claiming possession in title from the owner, any such expenses as are not reimbursed out of the proceeds of sale or, where there is no sale, the whole of the expenses.

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