Section 58: Power to detain vessels

58. Power to detain vessels (1) Where the Port Master has reason to believe that the owner or master of a vessel has committed an offence under section 55 by the discharge from a vessel of a polluting substance or waste into a port, the Port Master may detain the vessel. (2) Where the Port Master detains a foreign vessel under this section, he shall immediately notify the Authority who shall then inform the consul or diplomatic representative of the State whose flag the vessel is entitled to fly or the appropriate maritime authorities of that State. (3) The Port Master who exercises the power conferred by subsection (1) shall immediately release the vessel— (a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the vessel is detained; (b) if such proceedings, having been instituted within that period, are concluded without the owner or master being convicted; [Issue 1] P14 – 26 Revised Laws of Mauritius (c) if either— (i) the sum of 150,000 rupees is paid to the Authority by way of security; or (ii) security which, in the opinion of the Authority, is for an amount not less than 150,000 rupees is given to the Authority, by or on behalf of the owner or master; or (d) where the owner or master is convicted of the offence, if any, costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid. (4) The Authority shall repay any sum paid in pursuance of subsection (3) (c) or release any security so given— (a) if no proceedings are instituted within the period of 7 days beginning with the day on which the sum is paid; or (b) if such proceedings, having been instituted within that period, are concluded without the owner or master being convicted. (5) Where a sum has been paid, or security has been given, by any person in pursuance of subsection (3) (c) and the owner or master is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows— (a) first, in payment of any costs or expenses ordered by the Court to be paid by the owner or master; and (b) next, in payment of any fine imposed by the Court, and any balance shall be repaid to the first mentioned person who paid the sum or gave the security, as the case may be. (6) This section shall not apply to any naval vessel or to any Government vessel.