48Dealing with unsafe vessels

#### 48 Dealing with unsafe vessels 48 Dealing with unsafe vessels > > (1) An authorised officer may do the following if the person responsible for a vessel or former vessel fails to comply with a notice given under this division— > > > > > (a) take the measures specified in the notice, > > > > > (b) arrange for the vessel or former vessel to be— > > > > > > > (i) removed from State waters, or > > > > > > > (ii) detained in or out of the water, if the Minister considers the detention reasonable in the circumstances, or > > > > > > > (iii) seized and disposed of in accordance with the regulations, if the Minister considers the seizure and disposal reasonable in the circumstances, > > > > > (c) take other steps to reduce the danger of the vessel or former vessel. > > > (2) An authorised officer must not take action under this section unless the Minister has made reasonable attempts to notify the person responsible for the vessel or former vessel of the proposed action. > > > (3) Subsection (2) does not apply— > > > > > (a) in an emergency, or > > > > > (b) if the unsafe vessel is reasonably likely to sink within 7 days, or > > > > > (c) if the unsafe vessel poses— > > > > > > > (i) a serious risk to the safety of persons, or > > > > > > > (ii) a risk of significant harm to the environment or significant damage to property. > > > (4) The Minister may recover the reasonable costs incurred in taking action under this section from the person responsible as a debt in a court of competent jurisdiction. > > **s 48:** Rep 2016 No 28, Sch 1 \[27\]. Ins 2025 No 12, Sch 1\[47\].