HARBORS AND NAVIGATION ACT 1993 - SECT 25

HARBORS AND NAVIGATION ACT 1993 - SECT 25

25—Clearance of wrecks etc

        (1)         The Minister may, by notice in writing, require the owner of any wreck within the jurisdiction to remove the wreck.

        (1a)         A port operator may, by notice in writing, require the owner of any wreck within the port to remove the wreck.

        (2)         If a person deposits any substance or thing within the jurisdiction so as to obstruct navigation, or to pollute waters, the Minister may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution.

        (2a)         If a person deposits any substance or thing within a port so as to obstruct navigation, or to pollute waters, the port operator may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution.

        (3)         If a person fails to comply with a requirement under this section within the time allowed in the notice, the Minister or the port operator (as the case requires) may remove the wreck or take the action specified in the notice and recover the costs of doing so, as a debt, from the person in default.

        (4)         A person who fails without reasonable excuse to comply with a notice under this section is guilty of an offence.

Maximum penalty: $5 000.

        (5)         A court by which a person is convicted of an offence against subsection (4) may, on application by the Minister or the port operator (as the case requires), order the convicted person to reimburse costs reasonably incurred by the applicant in acting under subsection (3) (to the extent those costs have not been already recovered).