sec.216Detention of ships for unpaid fees etc.

### sec.216 Detention of ships for unpaid fees etc. A regulation may make provision for the detention of a ship because— pilotage fees, conservancy dues or other fees, charges or amounts payable for the ship have not been paid; or a penalty payable by the owner or master of the ship has not been paid. The regulation must provide for fair procedures for the detention of a ship, including, for example, the giving of notice to the owner or master of the ship about the detention. The notice about the detention must be signed by— if the ship is in a port—the general manager; or if the ship is in a pilotage area—the general manager or a harbour master. The notice must also contain information about— the reasons for the detention; and the way the owner or master of the ship can give security for the payment of the amounts payable to the State in relation to the ship; and the way the detention can be appealed against; and other relevant matters. A person must not cause a ship to leave the port or pilotage area where it has been detained unless— the general manager or a harbour master has released the ship from detention; or a harbour master has directed the ship to depart the pilotage area because of safety considerations; or a court has ordered that the ship may leave the port or pilotage area. Maximum penalty—the number of penalty units (rounded upwards to the next number if necessary) obtained by using the following formula— The owner of a ship is liable for the costs, under a regulation, of detaining the ship. In this section— amount owing , for a ship detained under this section, means the total of— the amount owing to the State for which the ship has been detained (including any interest payable on the amount); and costs payable for the detention of the ship. s 216 amd 2002 No. 29 s 16 sch 1 (sec.216-ssec.1) A regulation may make provision for the detention of a ship because— pilotage fees, conservancy dues or other fees, charges or amounts payable for the ship have not been paid; or a penalty payable by the owner or master of the ship has not been paid. (sec.216-ssec.2) The regulation must provide for fair procedures for the detention of a ship, including, for example, the giving of notice to the owner or master of the ship about the detention. (sec.216-ssec.3) The notice about the detention must be signed by— if the ship is in a port—the general manager; or if the ship is in a pilotage area—the general manager or a harbour master. (sec.216-ssec.4) The notice must also contain information about— the reasons for the detention; and the way the owner or master of the ship can give security for the payment of the amounts payable to the State in relation to the ship; and the way the detention can be appealed against; and other relevant matters. (sec.216-ssec.5) A person must not cause a ship to leave the port or pilotage area where it has been detained unless— the general manager or a harbour master has released the ship from detention; or a harbour master has directed the ship to depart the pilotage area because of safety considerations; or a court has ordered that the ship may leave the port or pilotage area. Maximum penalty—the number of penalty units (rounded upwards to the next number if necessary) obtained by using the following formula— (sec.216-ssec.6) The owner of a ship is liable for the costs, under a regulation, of detaining the ship. (sec.216-ssec.7) In this section— amount owing , for a ship detained under this section, means the total of— the amount owing to the State for which the ship has been detained (including any interest payable on the amount); and costs payable for the detention of the ship. - (a) pilotage fees, conservancy dues or other fees, charges or amounts payable for the ship have not been paid; or - (b) a penalty payable by the owner or master of the ship has not been paid. - (a) if the ship is in a port—the general manager; or - (b) if the ship is in a pilotage area—the general manager or a harbour master. - (a) the reasons for the detention; and - (b) the way the owner or master of the ship can give security for the payment of the amounts payable to the State in relation to the ship; and - (c) the way the detention can be appealed against; and - (d) other relevant matters. - (a) the general manager or a harbour master has released the ship from detention; or - (b) a harbour master has directed the ship to depart the pilotage area because of safety considerations; or - (c) a court has ordered that the ship may leave the port or pilotage area. - (a) the amount owing to the State for which the ship has been detained (including any interest payable on the amount); and - (b) costs payable for the detention of the ship.