42Port operator's directions: vessels and wrecks that endanger

42 Port operator's directions: vessels and wrecks that endanger commercial shipping etc. (1) This section applies to a vessel, hull or hulk, within a designated port that, because of the condition of the vessel, hull or hulk or the manner or means by which it is secured while at anchor or moored, is a threat or danger to: (a) persons; or (b) vessels or other property connected with commercial shipping in the port; or (c) the environment. (2) The port operator of a designated port may, by written notice, direct the owner, master or occupier of a vessel, hull or hulk that, in the port operator's opinion, is one to which this section applies to: (b) if the port operator decides (or, under subsection (3), is (3) However, the port operator must not direct a person to take preventative action that includes destroying a vessel, hull or hulk unless the direction allows the person to select, and take, port operator may, at the owner, master or occupier's cost, do one or more of the following with the vessel, hull or hulk:

Ports Management Act 2015 35 that the port operator, in writing, allows. specified in it or any longer time that the port operator, in writing, allows. (9) The port operator may do one or more of the following in relation to the vessel, hull or hulk that is the subject of the direction: board, in any manner the port operator thinks fit; (10) However, the port operator must not destroy a vessel, hull or hulk, or authorise a person to do so, unless: (a) in the opinion of the port operator:

Ports Management Act 2015 36 (ii) the port operator has given the owner and each person who has a registered interest in, or who the operator knows has an interest in, the vessel, hull or hulk 28 days prior written notice of the port operator's intention to do so. (11) In addition, the port operator must not sell or otherwise dispose of a vessel, hull or hulk, or authorise a person to do so, unless: after it has been secured by the port operator; and (b) the port operator has given the owner and each person who has a registered interest in, or who the operator knows has an interest in, the vessel, hull or hulk 28 days prior written notice of the port operator's intention to do so; and (12) For subsection (2), if the port operator does not know the name or address of the owner, master or occupier of the vessel, hull or hulk, a direction is taken to be given to the person if a notice of the direction addressed to the owner, master or occupier, without specifying a name, is: or (b) published on the port operator's website; or

Ports Management Act 2015 37 (a) if the port operator does not know the name or address of the owner of the vessel, hull or hulk – the notice is taken to have been given to the owner if it is addressed to the owner, without specifying a name, and is published: (ii) on the port operator's website; and Territory or on the port operator's website. description that the port operator thinks fit. incurred under this section by the port operator or a person authorised under subsection (9). Note for section 42