Section 53: Removal of obstructions other than vessels

53. Removal of obstructions other than vessels (1) The Authority may remove anything, other than a vessel, in, or on land adjoining, the waters of a port which is— (a) causing, or likely to cause, an obstruction to, or interference with, navigation; (b) causing, or likely to cause, interference with the operation of any works of the Authority, or damage to any such works or to any property; or (c) in the port without lawful authority, and may take such steps as appear to it appropriate to prevent or minimise the obstruction, interference or damage. (2) The Authority may, in such manner as it thinks fit, dispose of anything removed under subsection (1). (3) Where anything disposed of by the Authority under subsection (2) is sold, the Authority may retain out of the proceeds of the sale any expenses incurred by it under this section, and any surplus— (a) shall be paid to any person who, within 3 months from the time when the thing came into the custody of the Authority, proves to the reasonable satisfaction of the Authority that he was the owner thereof at that time; or (b) shall vest in the Authority, if, within that period, no person proves his ownership at the time referred to in paragraph (a). [Issue 1] P14 – 24 Revised Laws of Mauritius (4) Where the proceeds of the sale of anything removed under this section are insufficient to reimburse the Authority for its expenses, or there is no sale, the Authority may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Authority or who was the owner at the time of its abandonment or loss. (5) This section shall be in addition to, and not in derogation from, section 32.