Northern Territory Consolidated Regulations

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PORT BY-LAWS - SECT 62

Removal of goods causing nuisance, &c.

62. Removal of goods causing nuisance, &c.

(1) If any goods, by breaking bulk, spilling, leaking or in any other way -

(a) damage a wharf or any goods on a wharf;

(b) create a nuisance or a dangerous or offensive condition; or

(c) hinder the work on a wharf,

the owner of the goods shall forthwith remove the goods and, if they are stacked on pallets, the pallets on which they are stacked and the sawdust or other substance with which the portion of the wharf under the pallets is covered and cause any matter or substance deposited on the wharf from the goods to be cleared away, and any damage done to the wharf to be repaired.

(2) If the owner of the goods fails to do an act which the provisions of clause (1) require him to do, the Harbourmaster may give a direction to the owner to do the act forthwith, and the owner shall comply with the direction.

(3) Where any cargo, ballast, ashes or other material falls into an area of a port from a vessel, the master or other person in charge of the vessel or, failing him, the owner, shall -

(a) notify the Harbourmaster not later than 12 hours after the occurrence; and

(b) remove the cargo, ballast, ashes or other material so fallen and dispose of it to the satisfaction of the Harbourmaster.

(4) Where the master or other person or the owner does not remove the fallen cargo, ballast, ashes or other material within such time as the Harbourmaster considers reasonable, the Harbourmaster may remove the cargo, ballast, ashes or other material and dispose of it.

(5) Any expense incurred by the Harbourmaster in a removal and disposal under clause (4) constitutes a debt, payable on demand, that is owed by the master and the owner, or other person in charge and the owner, jointly and severally, to the Harbourmaster for the benefit of the Port Corporation.



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