New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13U

13U Obstruction of waters or lands by vessels or articles

(1) Any person who moors, runs ashore, cuts loose, or abandons any vessel, buoy, or floating object or apparatus, or cuts or slips any chain or anchor, or places or deposits any article, material or thing in, or upon the bed or shores of, any waters vested in or controlled by the Board, or on any land or wharf or in any building vested in or controlled by the Board, with the intention of avoiding responsibility for the same or with the intention that the rights of the owner of the same shall be impeded or rendered ineffective, shall be liable to a penalty not exceeding 4 penalty units.

(2) The owner of any vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing in, or upon the bed or shores of, any waters vested in or controlled by the Board, or on any land or wharf or in any building vested in or controlled by the Board shall remove the same within such time as may be specified in a notice from the Board served upon the owner requiring the owner so to do, and in default shall be liable to a penalty not exceeding 4 penalty units.

(3) If the owner of any such vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing fails to comply with the requirements of the notice served upon the owner under subsection (2), or if the identity or address of the owner of the same cannot be established after such enquiry as the Board considers reasonable, or if in the opinion of the Board it is essential in the interests of navigation or for the proper and efficient use of any such land, wharf or building, or for the safe keeping or preservation of such vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing in or upon the bed or shores of any waters vested in or controlled by the Board, or on any land or wharf or in any building vested in or controlled by the Board, that the same be removed without delay, or if it appears to the Board that the same is occupying such waters, land, wharf, or building as aforesaid in contravention of any Act, by-law, regulation or rule with the administration of which the Board is charged, the Board may assume possession of the same, and may if it deems that the circumstances so require remove the same and, in the case of a sunken or unseaworthy vessel, or other object or article which in its opinion cannot otherwise reasonably be dealt with, may blow up or demolish the same for the purpose of removal.

(4) Any vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing possession of which has been assumed or which has been removed by the Board in accordance with subsection (3), or any component part thereof, shall be dealt with as follows:

(a) if in the opinion of the Board the same has no value it shall be destroyed, otherwise it shall be held in the custody of the Board in such place as the Board deems appropriate, and may be so repaired and treated as shall in the Board’s opinion be necessary to preserve its utility and value,

(b) if any person establishes to the Board’s satisfaction the person’s ownership of the same the person shall be entitled to receive the same upon payment of the expenses incurred in respect of the assuming possession, removal, custody, repair and treatment thereof, as fixed by the Board,

(c) if no person has established ownership of, and paid such expenses as aforesaid in respect of the same, the Board, after such lapse of time and such inquiry or public advertisement as it shall in the circumstances deem appropriate, may sell the same in such manner as it thinks fit, or if in its opinion the value of the same to the Board would exceed the proceeds of sale, may appropriate the same and credit the owner thereof with such value,

(d) if the net proceeds of sale of, or the credit allowed as aforesaid for, the same exceeds the expenses incurred in respect of the assuming possession, removal, custody, repair and treatment thereof as fixed by the Board, the surplus shall be paid by the Board on demand to the owner thereof,

(e) the Board may recover from the owner of the same the expenses incurred in the assuming possession, removal, custody, repair and treatment thereof, as fixed by the Board, after deduction therefrom of the net proceeds of any sale thereof or any credit allowed therefor,

(f) if the same has been destroyed pursuant to paragraph (a), the Board may recover from the owner of the same the expenses incurred in the assuming possession, removal, custody and destruction thereof, as fixed by the Board.

(5) Nothing in this section shall affect or diminish the rights of the owner of any land in respect of such land, or of any lessee, tenant, or licensee in respect of the premises included in his or her lease, tenancy or licence.

(6) If a notice is given under subsection (2) in respect of any vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing, which is the subject of:

(a) a warehouseman’s lien in a warehouse of the Board, or

(b) any rate or charge under an Act or regulation, administered by the Board, which has the effect of prohibiting the removal of the same unless payment of the rate or charge is first made,

the owner shall, unless the notice otherwise provides, before removing the same in compliance with the requirements of the notice, pay the amount of the lien, rate or charge and, unless the notice permits removal before payment, the refusal of any person to permit the owner to remove the same unless and until such payment is made shall not constitute a defence in any prosecution of the owner for failing to comply with the requirements of the notice.

(7) If any rate or charge is payable to the Board in respect of, or if any warehouseman’s lien had attached in a warehouse of the Board to, any vessel, buoy, floating object or apparatus, chain, anchor, article, material or thing which is held in the custody of, or sold by, the Board under subsection (4), the amount owing to the Board in respect of such rate, charge or lien may be included by the Board in the expenses which are payable to the Board, or which may be retained by the Board from any proceeds of sale or any credit allowed, in terms of that subsection.