63Removal of wrecked vessels and other property from marine parks and aquatic reserves

#### 63 Removal of wrecked vessels and other property from marine parks and aquatic reserves 63 Removal of wrecked vessels and other property from marine parks and aquatic reserves > > (1) In this section— > > > > person responsible for removable property means— > > > > > (a) the person who caused the property to be in the marine park or aquatic reserve, or > > > > > (b) if the person referred to in paragraph (a) is unknown or is unable to remove the property—the person who has control of the property, or > > > > > (c) if the persons referred to in paragraphs (a) and (b) are unknown or are unable to remove the property—the owner of the property. > > > > removable property includes— > > > > > (a) any sunken or wrecked vessel, or > > > > > (b) any abandoned property, or > > > > > (c) anything unlawfully erected or placed. > > > (2) The relevant Ministers may, by notice in writing, direct the person responsible for any removable property in a marine park or an aquatic reserve to remove the property within such time as is specified in the notice. > > > (3) A person who fails, without reasonable excuse, to comply with a direction under subsection (2) is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of a corporation, 1,000 penalty units, or > > > > > (b) in any other case, 200 penalty units or imprisonment for 3 months, or both. > > > (4) The relevant Ministers may remove, or authorise the removal of, any removable property in such manner as the relevant Ministers think fit (whether or not the relevant Ministers have issued a direction for its removal under this section). The removable property may be removed by its destruction if it is reasonable to do so in the circumstances. > > > (5) The relevant Ministers may, subject to and in accordance with the regulations, dispose of anything removed under this section. > > > (6) If, in the opinion of the relevant Ministers, significant environmental damage has been, or is likely to be, caused by removable property in a marine park or an aquatic reserve, the relevant Ministers may take such steps as the relevant Ministers consider appropriate to do any or all of the following— > > > > > (a) repair or remedy any damage to the environment caused by the property, > > > > > (b) mitigate any damage to the environment caused by the property, > > > > > (c) prevent any further damage to the environment by the property. > > > (7) The relevant Ministers may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the relevant Ministers in the exercise of the relevant Ministers’ powers under this section from the person responsible for the removable property. > > > (8) Except in the case of an emergency, the relevant Ministers must not give a direction for the removal of any removable property, or remove or authorise the removal of any removable property, that the relevant Ministers are of the opinion is likely to have significant cultural or ecological value unless the relevant Ministers have made an assessment of that cultural or ecological value. > > > (9) If a person who pays the costs and expenses incurred by the relevant Ministers under this section was not the person who caused the removable property to be in the marine park or aquatic reserve, those costs and expenses may be recovered by that person as a debt in a court of competent jurisdiction from the person who caused the removable property to be in the marine park or aquatic reserve. > > > (10) If the person given a notice under this section complies with the notice but was not the person who caused the removable property to be in the marine park or aquatic reserve, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the removable property to be in the marine park or aquatic reserve.