New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13X

13X Board may require work to be carried out on vessel

(1) If in the opinion of the Board any vessel in or on the shores of any port used by trading vessels is unseaworthy or likely for any reason to cause damage to property or persons or to become a danger to shipping, the Board may serve notice on the owner thereof, or alternatively may affix to the vessel (if practicable) and publish in the Gazette and one newspaper circulating in the district a notification requiring that such work be carried out in and about the vessel as the Board deems necessary within the time stated in such notice or notification or that the vessel be destroyed.

(2) If the requirements of the Board are not so carried out, the Board may at its option:

(a) carry out the work required,

(b) contract with any person for the carrying out of such work on such terms as it deems fit,

(c) destroy the said vessel or contract with any person for the destruction of the said vessel and sell in such manner as it deems fit any material or other property recovered from the vessel which in the Board’s opinion has a sale value, or

(d) sell the said vessel for purposes of destruction to any person on such terms as it deems fit.

(3) Any surplus moneys remaining after the deduction from the proceeds of any sale pursuant to paragraph (c) or (d) of subsection (2) of the charges and expenses incurred in the publication of any notification, the destruction of the vessel and the conducting of such sale shall be paid by the Board on demand to the person who at the time of the serving or publication of the said notice or notification was the owner of the vessel.

(4) Any moneys remaining due to the Board in respect of:

(a) the charges and expenses incurred in the publication of any notification and the carrying out of any work pursuant to paragraph (a) or (b) of subsection (2), or

(b) the charges and expenses incurred in the publication of any notification and the destruction of the vessel and the conducting of any sale pursuant to paragraph (c) or (d) of subsection (2), after allowing for the net proceeds of such sale,

shall be paid on demand to the Board by the person who at the time of the serving or publication of the said notice or notification was the owner of the vessel, and if unpaid may be recovered as a debt in any court of competent jurisdiction.