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Marine Act 1981
115DDirector may deal with vessel wrecked
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115D Director may deal with vessel wrecked
(1) Where, in the opinion of the Director, it is in the public interest to do
so, the Director may:
(a) direct the owner of a vessel wrecked to raise, remove, or
destroy the vessel, or to light or buoy the vessel until it is
raised, removed, or destroyed; and
(b) where the owner of a vessel wrecked cannot be located within
a reasonable time or fails to comply with a direction under
paragraph (a) within a reasonable time, remove, destroy, or
deal with the vessel wrecked in such a manner as the Director
thinks fit; and
(c) recover from the owner any or all expenses incurred in the
lighting, buoying, raising, removal, or destruction of the vessel
wrecked.
Marine Act 1981 21
(1A) The owner of a vessel to whom a direction is given under
subsection (1) commits an offence if the owner fails to comply with
the direction within 14 days after it is given.
(1B) An offence against subsection (1A) is an offence of strict liability.
(1C) It is a defence to a prosecution for an offence against
subsection (1A) if the defendant has a reasonable excuse.
(2) Where the Director has dealt with a vessel wrecked in accordance
with subsection (1)(b), the Director may sell, in such manner as the
Director thinks fit, any vessel wrecked or any part of it so raised or
removed and any other property recovered in the raising or
removal.
(3) The Director must, out of the proceeds of any sale under
subsection (2), after the deduction of expenses incurred, pay the
net proceeds of the sale to the owner or person entitled to them.
(4) The powers given to the Director under this section for the removal
of a vessel wrecked are in addition to and not in derogation of any
other powers given in respect of a declared port for a like object
under any other law.
(5) This section does not apply to a vessel within a designated port.