New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13YA

13YA Liability of owners of vessels etc for damage to Board’s property

(1) This section shall apply:

(a) to any damage done by any vessel, any floating timber or other material, or any person employed about the vessel, timber or material to any installation, structure or fixed or movable property of any kind vested in or in the possession of the Board, and

(b) to the obstruction of the full and proper use of any port used by trading vessels, or of any installation or structure vested in or in the possession of the Board, occasioned by or resulting from the sinking, stranding or breaking up of any vessel or of any timber or other material.

(2) Where any damage or obstruction to which this section applies occurs:

(a) the owner of the vessel, timber or material concerned, shall be liable, and

(b) if the damage or obstruction was occasioned by the negligent act or default of the master of the vessel concerned or the person having charge of the timber or material concerned, the owner thereof and also such master or person shall be jointly and severally liable,

to pay to the Board all costs and expenses incurred in the repair and reinstatement of the installation, structure or property damaged, or in the removal of the obstruction and restoration of full and proper use of the port, installation or structure concerned, as the case may be.

(3) Any amount payable under subsection (2) which is not paid to the Board may be recovered by it as a debt in any court of competent jurisdiction.