New South Wales Consolidated Acts

MARINE PARKS ACT 1997 - SECT 20H

20H Removal of wrecked vessels and other property from marine parks

(1) In this section:
"person responsible", in respect of removable property, means:

(a) the person who caused the property to be in the marine park, or

(b) if the person referred to in paragraph (a) is unknown or is unable to remove the property-the person who has control of the property, or

(c) if the persons referred to in paragraphs (a) and (b) are unknown or are unable to remove the property-the owner of the property.

"removable property" includes:

(a) any sunken or wrecked vessel, or

(b) any abandoned property, or

(c) anything unlawfully erected or placed.

(2) The Authority may, by notice in writing, direct the person responsible for any removable property in a marine park to remove the property within such time as is specified in the notice. Any such person who fails, without reasonable excuse, to comply with the direction is guilty of an offence.

Maximum penalty: In the case of a corporation, 1000 penalty units or, in any other case, 200 penalty units or imprisonment for 3 months, or both.

(3) The Authority may remove, or authorise the removal of, any removable property in such manner as the Authority thinks fit (whether or not the Authority has issued a direction for its removal under this section). The removable property may be removed by its destruction if it is reasonable to do so in the circumstances.

(4) The Authority may, subject to and in accordance with the regulations, dispose of anything removed under this section.

(4A) If, in the opinion of the Authority, significant environmental damage has been, or is likely to be, caused by removable property in a marine park, the Authority may take such steps as the Authority considers appropriate to do any or all of the following:

(a) repair or remedy any damage to the environment caused by the property,

(b) mitigate any damage to the environment caused by the property,

(c) prevent any further damage to the environment by the property.

(5) The Authority may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the Authority in the exercise of the Authority’s powers under this section from the person responsible for the removable property.

(6) Except in the case of an emergency, the Authority must not give a direction for the removal of any removable property, or remove or authorise the removal of any removable property, that the Authority is of the opinion is likely to have significant cultural or ecological value unless the Authority:

(a) has made an assessment of that cultural or ecological value, and

(b) has forwarded a copy of that assessment to the relevant advisory committee at least 4 weeks before giving the direction or removing or authorising the removal of the removable property.