24Disposal of obstructions to navigation

#### 24 Disposal of obstructions to navigation 24 Disposal of obstructions to navigation > > (1) The Minister may dispose of any obstruction to navigation removed under section 16 of the Act in accordance with this clause. > > > > Note. > > > > Section 16 of the Act enables the Minister to direct the owner or person responsible for an obstruction to navigation to remove the obstruction. If the person fails to do so, the Minister may remove or authorise the removal of the obstruction. > > > (2) The Minister is to take reasonable steps to determine who is the owner or person responsible for the obstruction to navigation unless the obstruction has been destroyed as referred to in section 16 (3) of the Act or the Minister considers the obstruction has no appreciable market value. > > > (3) If the Minister considers that the obstruction to navigation has no appreciable market value, the Minister may direct that the obstruction be disposed of, kept, repaired or treated in any way that the Minister considers appropriate. > > > (4) If the Minister considers that the obstruction to navigation has some appreciable market value, the obstruction is to be returned to a person who— > > > > > (a) establishes to the satisfaction of the Minister that the person is the owner or person responsible for the obstruction, and > > > > > (b) pays to the Minister the amount of reasonable costs and expenses incurred by the Minister as referred to in section 16 (5) of the Act. > > > (5) If the Minister is unable to establish who is the owner or person responsible for the obstruction to navigation or recover the amount of reasonable costs and expenses incurred by the Minister, the Minister may, after a reasonable period of time has passed, sell or otherwise dispose of the obstruction or keep the obstruction. > > > (6) The proceeds of any sale referred to in subclause (5) are to be applied towards reducing the amount of reasonable costs and expenses incurred by the Minister. If those proceeds are more than that amount and the Minister has established who is the owner or person responsible for the obstruction to navigation, the balance remaining after that amount is deducted is to be paid to that person on application in writing by that person.