Section 112: Removal of pleasure craft

112. Removal of pleasure craft (1) Where the Authority considers that— (a) a pleasure craft or an exempt pleasure craft sunk, stranded, abandoned or run aground in any place within the maritime zones of Mauritius; T11 – 57 [Issue 4] Tourism Authority Act (b) a pleasure craft or an exempt pleasure craft, any equipment or any other article used in connection with a pleasure craft or an exempt pleasure craft, abandoned on any place on the beach, is likely to become an obstruction or danger to navigation or to the public, as the case may be, or is found in a dangerous or hazardous condition, or is an eyesore, it may— (i) take possession of the pleasure craft or exempt pleasure craft, as the case may be, and raise, remove or destroy it; (ii) light or buoy the pleasure craft or exempt pleasure craft, as the case may be, until it is raised, removed or destroyed; and (iii) subject to subsections (3) and (4), in such manner as he thinks fit, sell or cause to be sold the pleasure craft or exempt pleasure craft, as the case may be, when so raised or removed together with any other property recovered in the exercise of his powers under this section. (2) Where the Authority has exercised the powers conferred on it under subsection (1) (iii) it shall— (a) reimburse itself all expenses incurred by it in relation to the pleasure craft or exempt pleasure craft, as the case may be; and (b) hold any surplus of the proceeds from the sale on deposit to pay any person who establishes a right to the proceeds of the pleasure craft or exempt pleasure craft, as the case may be. (3) Except in the case of property which is of a perishable nature or which would deteriorate in value, the Authority shall give 7 clear days’ notice in 2 daily newspapers before the exercising of his powers under subsection (1). (4) At any time before any pleasure craft, exempt pleasure craft, or property found therein is sold, the owner of the pleasure craft, exempt pleasure craft or the property shall be entitled to take delivery of such pleasure craft or exempt pleasure craft, or such property on payment to the Director of any expenses incurred by the Authority. (5) Where no claim to the surplus of the proceeds referred to in subsection (2) is made within 3 months from the date of publication referred to in subsection (3), the surplus of the proceeds shall be paid in the General Fund. PART X – SEAWORTHINESS OF PLEASURE CRAFT