SHIPPING AND PILOTAGE ACT 1967 - SECT 5

SHIPPING AND PILOTAGE ACT 1967 - SECT 5

5 .         Powers and duties of harbour masters

        (1)         The harbour master of any port may —

            (a)         control the entry and departure of vessels into and from the port;

            (b)         control the berthing, mooring and moving of vessels within the port;

            (c)         exercise such other powers relating to the control and the direction of vessels and persons within the port and the maintaining of good order within the port, as are prescribed;

            (d)         remove any wreckage that is within, or in or about the approaches to, the waters of the port and is obstructing or likely to obstruct the safe movement of vessels therein; and

            (e)         control the movement of vessels in a prescribed control area outside the port.

        (2)         Where a harbour master has removed wreckage pursuant to subsection (1)(d), he may by notice served on the owner of the wreckage, demand payment of the cost of effecting the removal of the wreckage.

        (3)         Where —

            (a)         an owner fails within 28 days of the service on him of a notice under subsection (2) to pay the amount specified in the notice; or

            (b)         the harbour master is unable, after making reasonable enquiries, to ascertain the owner of the wreckage,

                the harbour master may cause the wreckage so removed to be sold and the proceeds of the sale shall be applied —

            (c)         firstly, in payment of the costs of the sale;

            (d)         secondly, in payment of the costs of the removal of the wreckage,

                and the balance, if any, shall be paid to the owner of the wreckage or, if the owner is not known, credited to the Consolidated Account.

        (4A)         If under subsection (3) any wreckage is sold in good faith to a person and the person takes the property in good faith, the person receives good title to the wreckage against every other person including its true owner.

        (4)         In this section wreckage means any cargo, sunken hull or vessel, article or thing, other than a vessel that is afloat.

        [Section 5 amended: No. 65 of 1988 s. 4; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4; No. 42 of 2011 s. 105.]