Northern Territory Consolidated Acts Northern Territory Consolidated Acts32. Vessel, hulk or hull likely to cause damage etc.
(1) Where, in the opinion of the Chief Executive Officer, a vessel, hulk or hull within the Port is in such a condition that it is unsafe, or likely to cause damage to, endanger or obstruct the passage, navigation or use of, the Port by a vessel, the Chief Executive Officer may, by notice in writing, direct the owner, master or occupier of the vessel, hulk or hull to remove, repair and make safe or destroy it and that person shall, within 7 days after the notice is served on him or her or such longer time as the Chief Executive Officer, in writing, allows, comply with the direction.
(2) Where the owner, master or occupier on whom a notice under subsection (1) has been served fails to comply with the direction within the time allowed for his or her so doing, the Chief Executive Officer may authorize a person to board, with or without workmen, vehicles, plant, equipment or materials, a vessel, hulk or hull and carry out the work required to comply with the direction (other than the destruction of the vessel, hulk or hull).
(3) For the purposes of subsection (2), where the Chief Executive Officer does not know the name or address of the owner of the vessel, hulk or hull a notice shall be sufficiently given if it is addressed to the owner of the vessel, hulk or hull without specifying the name of any person and, in the absence of identification of the vessel, hulk or hull, if it describes the vessel, hulk or hull by such general description as the Chief Executive Officer thinks fit.
(4) A notice shall be sufficiently given in circumstances referred to in subsection (3) if it is published in a newspaper circulating in Darwin.
(5) The costs incurred by the Chief Executive Officer or authorized person in carrying out an action under subsection (2) may be recovered from the owner, master or occupier as a debt due and payable to the Port Corporation.
(6) An owner, master or occupier who fails to comply with or contravenes a direction under subsection (1) is guilty of an offence.
Penalty: If the offender is a natural person - 200 penalty units and 2 penalty units for each day the offence continues.
If the offender is a body corporate - 1 000 penalty units and 10 penalty units for each day the offence continues.
(7) A person shall not hinder or obstruct or aid or abet a person to hinder or obstruct, the Chief Executive Officer or a person authorized under subsection (2), or a person lawfully assisting him or her, in carrying out an action under that subsection.
Penalty: If the offender is a natural person - 500 penalty units.
If the offender is a body corporate - 1 000 penalty units.