Clause 29

If in the opinion of the Authority any vessel, aircraft or other object sunk, stranded or abandoned within the port or the approaches thereto is, or is likely to become, an obstruction, impediment, or danger to navigation or to the safe and convenient use or operation of the port, the Authority may by notice in writing require the owner of the vessel, aircraft or object to raise, remove or destroy the whole or any part of such vessel, aircraft or object within such time as may be specified in the notice.(2) Any notice to be served by the Authority under subsection (1) shall be deemed to be sufficiently served if addressed to “the owner” of the vessel, aircraft or object, as the case may be, and —

sent by registered post to the last known place of residence or business or registered office of the owner of the vessel, aircraft or object; or

affixed to some conspicuous part of the vessel, aircraft or object.(3) Any person who fails to comply with a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and in the case of a continuing offence to a fine not exceeding $2,000 for every day or part thereof during which the notice is not complied with.Power to raise and remove vessels, aircraft or other obstructions72B.—

Notwithstanding section 72A, if the vessel, aircraft or other object is not raised, removed or destroyed within such time as may be given in the notice under section 72A(1), the Authority may —

take possession of and raise, remove or destroy the whole or any part of such vessel, aircraft or object;

light, mark or buoy such vessel or aircraft until the raising, removal or destruction thereof; and

sell, in such manner as it thinks fit, any such vessel, aircraft or object.(2) The Authority may use the proceeds of the sale under subsection (1)(c) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section.(3) The Authority shall on demand pay the surplus, if any, of the proceeds of the sale under subsection (1)(c) to the owner or any person entitled to it and if no demand is made by the owner within 12 months from the date of such sale, the surplus shall be paid into the funds of the Authority.(4) If the proceeds of the sale under subsection (1)(c) are insufficient to reimburse the Authority for the whole expenses incurred by it, the Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction.(5) If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (1)(a), the owner of such vessel, aircraft or object shall reimburse the Authority for the expenses incurred by it in such destruction.(6) For the purposes of this section, “vessel” or “aircraft” includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or aircraft, as the case may be.”.