53 Powers of Director in case of maritime casualty
(1) In this section –
critical action includes, but is not limited to, any one or more of the following actions:
(a) moving a ship;
(b) moving cargo within a ship or removing (other than by jettisoning) cargo from a ship;
(c) taking measures to salvage a ship, part of a ship, a ship's fuel or a ship's cargo;
(d) jettisoning or destroying all or part of a ship's cargo;
(e) sinking or destroying all or part of a ship;
(f) taking on, moving or discharging a ship's ballast;
(g) taking emergency measures in respect of a fire, gas or marine pollutant;
(h) evacuating people or animals from a ship;
master does not include the Director when he or she is in control of a ship for the purposes of this section;
ship includes the ship's cargo.
(2) If the Director is satisfied on reasonable grounds, following a maritime casualty or an act related to a maritime casualty, that the maritime casualty or the act, by its nature or magnitude, constitutes grave and imminent danger to State waters, the coastline or another part of the State's physical environment or the related interests of the State, the Director may –
(a) assume control of the ship using such force as is reasonable in the circumstances, boarding it if necessary, with or without assistants and equipment, and take critical action; or
(b) direct the master, charterer, owner or a salvor to take critical action.
(3) A person must comply with a direction given under subsection (2)(b) .
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 5 000 penalty units; and
(b) an individual, a fine not exceeding 2 000 penalty units.
(4) If the critical action referred to in subsection (2) involves the destruction of the ship or part of the ship, or the jettisoning or destruction of all or part of its cargo, the Director must first, if it is practicable to do so, make a reasonable attempt to obtain approval from the Minister for –
(b) the direction to take the action to be given under subsection (2)(b) .
(5) The provisions of section 50(4) , (5) and (6) and section 52 have the same application to the exercise of the Director's powers under this section as those provisions have to the exercise of the Director's powers under those sections.
(6) Unless it has been abandoned or evacuated by its crew, the Director is taken to have assumed control of a ship under the power conferred by this section as soon as he or she has –
(a) identified himself or herself to the master of the ship; and
(b) subject to subsection (7) , given the master of the ship written notice that the Director is exercising the power to assume control of the ship.
(7) If it is not practicable for the notice to be in writing it may be given orally and confirmed in writing as soon as practicable after it has been given.
(8) The Director, or a person who has been directed to take critical action under subsection (2) , in taking control of a ship, has power to do all the things that may be necessary or expedient for the purposes of exercising that control.
(9) If the Director has assumed control of a ship under this section, he or she must, if it is possible and safe to do so, relinquish that control to its master as soon as practicable after taking, or deciding not to take, a critical action.
(10) A person must not –
(a) prevent the Director from exercising a power under this section; or
(b) hinder, threaten or endanger the Director in the exercise of a power under this section; or
(c) disobey an order or signal given by the Director when the Director is in control of a ship under this section.
Penalty: Fine not exceeding 500 penalty units.
(11) Powers under this section must not be exercised in relation to a ship if similar powers under the Fire Service Act 1979 are being exercised in relation to the ship.