40APort operator's directions: removal of vessel or wreck in

40A Port operator's directions: removal of vessel or wreck in emergency (a) a vessel, the hull of a vessel or a hulk if: (i) there is an immediate threat to it; or (ii) it is in such a condition that it is an immediate threat or danger to persons or the environment; (b) a commercial vessel or the hull of a vessel, or a hulk, that was a commercial vessel if it is in such a condition that it is an immediate threat or danger to any vessel or property within the port; (c) a vessel if it is in such a condition that it is an immediate threat or danger to vessels or other property connected with commercial shipping in the port; (d) a commercial vessel if the manner or means by which it is secured while at anchor or moored gives rise to an immediate threat or danger to: (ii) vessels or other property connected with commercial shipping in the port; or Ports Management Act 2015 25 (2) The port operator of the designated port must give an oral direction to a person apparently in control of the vessel, hull or hulk to remove the vessel, hull or hulk from the designated port. (3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction. (6) If a person to whom a direction is given under subsection (2) fails to comply with it: (a) the port operator may cause the vessel, hull or hulk to be removed from the designated port or moved to another place (b) the person is liable to pay all costs incurred by the port operator under paragraph (a). (7) Subsection (6) applies irrespective of whether the person has been charged with, or found guilty of, an offence against subsection (3), and an amount payable under subsection (6) is additional to any penalty imposed for an offence against subsection (3). (8) If there is no person on board the vessel, hull or hulk to whom a direction may be given under subsection (2): (a) the port operator may cause the vessel, hull or hulk to be removed from the designated port or moved to another place (b) the owner, master and occupier of the vessel, hull or hulk are, jointly and severally liable to pay all costs incurred by the port operator under paragraph (a). (9) If the port operator takes action under subsection (8)(a), the operator must: (a) publish on the operator's website written notice of the action taken; and Ports Management Act 2015 26 (b) if the name and address of the owner, master and occupier of the vessel, hull or hulk are known – give written notice of the action taken to the owner, master and occupier. (10) An amount that a person is liable to pay under subsection (6) or (8) for costs may be recovered as a debt due and payable to the port