43Regional harbourmaster's directions: vessels and wrecks

43 Regional harbourmaster's directions: vessels and wrecks likely to endanger or obstruct non-commercial vessels etc. (a) a non-commercial vessel or the hull of a vessel, or a hulk, that was a non-commercial vessel that is in such a condition that it passage of, navigation of or use of the port by, any vessel; (b) any other vessel, hull or hulk that is in such a condition that it passage of, navigation of or use of the port by, a non-commercial vessel; (c) a vessel, hull or hulk that, because of its condition or the manner or means by which it is secured while at anchor or moored, is a threat or danger to: (ii) vessels or other property within the port not connected with commercial shipping in the port; or (2) The regional harbourmaster for a designated port may, by written notice, direct the owner, master or occupier of a vessel, hull or hulk that, in the harbourmaster's opinion, is one to which this section applies to: (b) if the harbourmaster decides (or, under subsection (3), is (3) However, the regional harbourmaster 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, Ports Management Act 2015 39 regional harbourmaster may, at the owner, master or occupier's cost, do one or more of the following with the vessel, hull or hulk: that the regional harbourmaster, in writing, allows. specified in it or any longer time that the regional harbourmaster, in writing, allows. (9) The regional harbourmaster may do one or more of the following in relation to the vessel, hull or hulk that is the subject of the direction: Ports Management Act 2015 40 board, in any manner the regional harbourmaster thinks fit; (10) However, the regional harbourmaster must not destroy a vessel, hull or hulk, or authorise a person to do so, unless: (a) in the opinion of the regional harbourmaster: (ii) the regional harbourmaster has given the owner and each person who has a registered interest in, or who the regional harbourmaster knows has an interest in, the vessel, hull or hulk 28 days prior written notice of the regional harbourmaster's intention to do so. (11) In addition, the regional harbourmaster 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 harbourmaster; and (b) the regional harbourmaster has given the owner and each person who has a registered interest in, or who the regional harbourmaster knows has an interest in, the vessel, hull or hulk 28 days prior written notice of the regional harbourmaster's intention to do so; and Ports Management Act 2015 41 regional harbourmaster: (12) For subsection (2), if the regional harbourmaster does not know the name or address of the owner, master or occupier of the vessel, hull or hulk, a direction is taken to have been 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 regional harbourmaster's website; or (a) if the regional harbourmaster 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 regional harbourmaster's website; and Territory or on the regional harbourmaster's website. description that the regional harbourmaster thinks fit. Ports Management Act 2015 42 incurred under this section by the regional harbourmaster or a person authorised under subsection (9). costs may be recovered as a debt due and payable to the Territory.