39Removal etc. of vessel by port operator

39 Removal etc. of vessel by port operator (1) If a direction given under section 38(1A) is not complied with, the port operator of the designated port may cause the vessel to be positioned, moored, unmoored, placed, anchored or removed as directed. (2) Subsection (1) applies irrespective of whether a person has been charged with, or found guilty of, an offence against section 38(2). (3) The port operator may also cause a vessel to be positioned, moored, unmoored, placed, anchored or removed as the port operator thinks fit if there is no person on board the vessel to whom a direction may be given under section 38(1A). (4) The owner, master and occupier of the vessel are jointly and severally liable to pay all costs incurred by the port operator under subsection (1) or (3). (5) Any such amount is additional to any penalty imposed for an offence against section 38(2). (6) An amount that an owner, master or occupier is liable to pay under subsection (4) for costs may be recovered as a debt due and payable to the port operator.