40CDirection to pay prior costs and remove vessel, hull or hulk

40C Direction to pay prior costs and remove vessel, hull or hulk (1) The port operator, or regional harbourmaster, of a designated port may give a direction to take action specified under subsection (2) if: (a) a direction was made under section 40A or 40B in relation to a vessel, hull or hulk; and (b) in the case of the port operator – action was taken under section 40A(6)(a) or (8)(a); and (c) in the case of the regional harbourmaster – action was taken under section 40B(6)(a) or (8)(a). (2) The direction may require the following actions: (a) payment of the reasonable costs associated with the prior action taken under section 40A(6)(a) or (8)(a) or 40B(6)(a) or (8)(a); (b) removal of the vessel, hull or hulk to a place outside the port or a specified place inside the port. (3) The direction must include the following: (a) the day by which the direction must be complied with; (b) a warning that action may be taken under subsection (5) and that the owner, master and occupier of the vessel, hull or hulk may be liable to pay the reasonable costs of that action. (4) The direction must: (a) be given orally to any person apparently in control of the vessel, hull or hulk; and (b) be given, in writing, to the owner, master and occupier of the vessel, hull or hulk, if known; and (c) be published on the website of the port operator or regional harbourmaster, as the case may be. (5) If the direction is not complied with by the day specified in the direction, the port operator or regional harbourmaster may: (a) move the vessel, hull or hulk to a place outside the port or a specified place inside the port; or (b) sell the vessel, hull or hulk; or Ports Management Act 2015 29 (c) dispose of, other than by sale, or destroy the vessel, hull or hulk if: (i) if it is unseaworthy; and of its storage and sale, exceeds its value. (6) Before selling, disposing or destroying the vessel, hull or hulk, written notice must be given to the following persons of the proposed sale, disposal or destruction 28 days in advance: (a) the owner, master and occupier of the vessel, hull or hulk, if known; (b) any person with a registered interest in the vessel, hull or hulk; (c) any other person with an interest in the vessel, hull or hulk, if known. (7) The notice under subsection (6) must also be: (a) published on the website of the port operator or regional harbourmaster, as the case may be; and (b) affixed in a prominent position on the deck of the vessel, hull (8) The owner, master and occupier of the vessel, hull or hulk are, jointly and severally liable to pay all reasonable costs incurred by the port operator or regional harbourmaster for taking any action under subsection (5). (9) The reasonable costs that a person is liable to pay under subsection (8) may be recovered as a debt due and payable to: (a) the port operator; or (b) in the case of action by regional harbourmaster – the Territory.