New South Wales Consolidated Acts
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MARITIME SERVICES ACT 1935 - SECT 13TB
Compliance with certain notices
13TB Compliance with certain notices
(1) Where a person other than a public authority fails to comply with the
requirements of a notice under section 13TA the Board may cause the
requirements of the notice to be complied with at its own expense and may
recover as a debt in a court of competent jurisdiction the costs and expenses
of so doing.
(2) Where, in any proceedings brought under subsection (1), the
court is satisfied that the work caused to be done by the Board to carry out
or complete the requirements of any notice referred to in that subsection also
included work which was not, in the circumstances, necessary for proper and
effective compliance with those requirements, the court, in determining the
amount of the costs and expenses recoverable by the Board, may deduct from the
costs and expenses of the work caused to be done by the Board such amount as
it considers proper.
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