Northern Territory Numbered Acts Northern Territory Numbered ActsPart 5, Division 3
repeal, insert
(1) This section applies to the following within a designated port:
(a) a vessel, the hull of a vessel or a hulk if:
(i) there is an immediate threat to it; or
(ii) it is in such a condition that it is an immediate threat or danger to persons or the environment;
(b) a commercial vessel or the hull of a vessel, or a hulk, that was a commercial vessel if it is in such a condition that it is an immediate threat or danger to any vessel or property within the port;
(c) a vessel if it is in such a condition that it is an immediate threat or danger to vessels or other property connected with commercial shipping in the port;
(d) a commercial vessel if the manner or means by which it is secured while at anchor or moored gives rise to an immediate threat or danger to:
(i) persons; or
(ii) vessels or other property connected with commercial shipping in the port; or
(iii) the environment.
(2) The port operator of the designated port must give an oral direction to a person apparently in control of the vessel, hull or hulk to remove the vessel, hull or hulk from the designated port.
(3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(6) If a person to whom a direction is given under subsection (2) fails to comply with it:
(a) the port operator may cause the vessel, hull or hulk to be removed from the designated port or moved to another place within the port; and
(b) the person is liable to pay all costs incurred by the port operator under paragraph (a).
(7) Subsection (6) applies irrespective of whether the person has been charged with, or found guilty of, an offence against subsection (3), and an amount payable under subsection (6) is additional to any penalty imposed for an offence against subsection (3).
(8) If there is no person on board the vessel, hull or hulk to whom a direction may be given under subsection (2):
(a) the port operator may cause the vessel, hull or hulk to be removed from the designated port or moved to another place within the port; and
(b) the owner, master and occupier of the vessel, hull or hulk are, jointly and severally liable to pay all costs incurred by the port operator under paragraph (a).
(9) If the port operator takes action under subsection (8)(a), the operator must:
(a) publish on the operator's website written notice of the action taken; and
(b) if the name and address of the owner, master and occupier of the vessel, hull or hulk are known – give written notice of the action taken to the owner, master and occupier.
(10) An amount that a person is liable to pay under subsection (6) or (8) for costs may be recovered as a debt due and payable to the port operator.
(1) This section applies to the following within a designated port:
(a) a vessel, the hull of a vessel or a hulk if:
(i) there is an immediate threat to it; or
(ii) it is in such a condition that it is an immediate threat or danger to persons or the environment;
(b) a non-commercial vessel or the hull of a vessel, or a hulk, that was a non-commercial vessel if it is in such a condition that it is an immediate threat or danger to any vessel or property within the port;
(c) a vessel if it is in such a condition that it is an immediate threat or danger to vessels or other property within the port not connected with commercial shipping in the port;
(d) a non-commercial vessel if the manner or means by which it is secured while at anchor or moored gives rise to an immediate threat or danger to:
(i) persons; or
(ii) vessels or other property within the port not connected with commercial shipping in the port; or
(iii) the environment.
(2) The regional harbourmaster for the designated port may give an oral direction to a person apparently in control of the vessel, hull or hulk to remove the vessel, hull or hulk from the designated port.
(3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(6) If a person to whom a direction is given under subsection (2) fails to comply with it:
(a) the regional harbourmaster may cause the vessel, hull or hulk to be removed from the designated port or moved to another place within the port; and
(b) the person is liable to pay all costs incurred by the regional harbourmaster under paragraph (a).
(7) Subsection (6) applies irrespective of whether the person has been charged with, or found guilty of, an offence against subsection (3), and an amount payable under subsection (6) is additional to any penalty imposed for an offence against subsection (3).
(8) If there is no person on board a vessel, hull or hulk to whom a direction may be given under subsection (2):
(a) the regional harbourmaster may cause the vessel, hull or hulk to be removed from the designated port or moved to another place within the port; and
(b) the owner, master and occupier of the vessel, hull or hulk are jointly and severally liable to pay all costs incurred by the regional harbourmaster under paragraph (a).
(9) If the regional harbourmaster takes action under subsection (8)(a), the harbourmaster must:
(a) publish on the harbourmaster's website written notice of the action taken; and
(b) if the name and address of the owner, master and occupier of the vessel, hull or hulk are known – give written notice of the action taken to the owner, master and occupier.
(10) An amount that a person is liable to pay under subsection (6) or (8) for costs may be recovered as a debt due and payable to the Territory.
(1) This section applies to the following within a designated port:
(a) a commercial vessel or the hull of a vessel, or a hulk, that was a commercial vessel that is in such a condition that it is likely to cause damage to, endanger or obstruct the 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 is likely to cause damage to, endanger or obstruct the passage of, navigation of or use of the port by, a commercial vessel.
(2) The port operator of a designated port must, 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:
(a) take the preventative action specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days; or
(b) if the port operator decides (or, under subsection (3), is required) to allow the person to select, and take, one of 2 or more alternative preventative actions – select, and take, one of the preventative actions specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days.
(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, alternative preventative action that does not include destroying the vessel, hull or hulk.
(4) A notice given under subsection (2) must include a statement that if the owner, master or occupier fails to comply with the direction the port operator may, at the owner, master or occupier's cost, do one or more of the following with the vessel, hull or hulk:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell or otherwise dispose of it, and all fittings and equipment on board.
(5) A direction given under subsection (2) to take preventative action that includes destroying a vessel, hull or hulk does not authorise the person to whom it is given to destroy the vessel, hull or hulk without the consent of its owner.
(6) A person to whom a direction is given under subsection (2), other than a direction given in the manner mentioned in subsection (12)(c), commits an offence if the person fails to comply with the direction within the period specified in it or any longer time that the port operator, in writing, allows.
Maximum penalty: 200 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
(8) Subsection (9) applies if a person to whom a direction is given under subsection (2) fails to comply with it within the period 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:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell it, and all fittings and equipment on board, by public auction or after inviting public tenders;
(f) otherwise dispose of it, and all fittings and equipment on board, in any manner the port operator thinks fit;
(g) authorise a person to board it (with or without workers, vehicles, plant, equipment or materials) and do a thing mentioned in paragraphs (a) to (f).
(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:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value; and
(b) either:
(i) the owner, master or occupier was, under subsection (2), directed to take preventative action that included destroying the vessel, hull or hulk; or
(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 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:
(a) the owner of the vessel, hull or hulk:
(i) cannot be located; or
(ii) fails to collect the vessel, hull or hulk and pay all costs associated with the securing of the vessel, hull or hulk 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
(c) for a disposal otherwise than by sale – in the opinion of the port operator:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value.
(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 have been given to the person if a notice of the direction addressed to the owner, master or occupier, without specifying a name, is:
(a) published in a newspaper circulating generally in the Territory; or
(b) published on the port operator's website; or
(c) affixed in a prominent position on the deck of the vessel, hull or hulk.
(13) For subsections (10)(b)(ii) and (11)(b):
(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:
(i) in a newspaper circulating generally in the Territory; or
(ii) on the port operator's website; and
(b) notice to a person who has an interest in a vessel, hull or hulk is taken to have been given if:
(i) for a person who has a registered interest and whose address is recorded in the register in which the interest is recorded – it has been sent by post to the person at that address; or
(ii) otherwise – it is addressed to the person and is published in a newspaper circulating generally in the Territory or on the port operator's website.
(14) However, a notice under subsection (12)(a) or (13)(a) or (b)(ii) must identify the vessel, hull or hulk or describe it by any general description that the port operator thinks fit.
(15) The person or persons to whom a direction is given under subsection (2), including a direction given in the manner mentioned in subsection (12)(c), are jointly and severally liable to pay all costs incurred under this section by the port operator or a person authorised under subsection (9).
(16) Subsection (15) applies irrespective of whether any person has been charged with, or found guilty of, an offence against subsection (6), and an amount payable under subsection (15) is additional to any penalty imposed for an offence against subsection (6).
(17) An amount that a person is liable to pay under subsection (15) for costs may be recovered as a debt due and payable to the port operator.
Note for section 41
Part 12 gives the regional harbourmaster for a designated port step-in rights in certain circumstances.
(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:
(a) take the preventative action specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days; or
(b) if the port operator decides (or, under subsection (3), is required) to allow the person to select, and take, one of 2 or more alternative preventative actions – select, and take, one of the preventative actions specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days.
(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, alternative preventative action that does not include destroying the vessel, hull or hulk.
(4) A notice given under subsection (2) must include a statement that if the owner, master or occupier fails to comply with the direction the port operator may, at the owner, master or occupier's cost, do one or more of the following with the vessel, hull or hulk:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell or otherwise dispose of it, and all fittings and equipment on board.
(5) A direction given under subsection (2) to take preventative action that includes destroying a vessel, hull or hulk does not authorise the person to whom it is given to destroy the vessel, hull or hulk without the consent of its owner.
(6) A person to whom a direction is given under subsection (2), other than a direction given in the manner mentioned in subsection (12)(c), commits an offence if the person fails to comply with the direction within the period specified in it or any longer time that the port operator, in writing, allows.
Maximum penalty: 200 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
(8) Subsection (9) applies if a person to whom a direction is given under subsection (2) fails to comply with it within the period 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:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell it, and all fittings and equipment on board, by public auction or after inviting public tenders;
(f) otherwise dispose of it, and all fittings and equipment on board, in any manner the port operator thinks fit;
(g) authorise a person to board it (with or without workers, vehicles, plant, equipment or materials) and do a thing mentioned in paragraphs (a) to (f).
(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:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value; and
(b) either:
(i) the owner, master or occupier was, under subsection (2), directed to take preventative action that included destroying the vessel, hull or hulk; or
(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:
(a) the owner of the vessel, hull or hulk:
(i) cannot be located; or
(ii) fails to collect the vessel, hull or hulk and pay all costs associated with the securing of the vessel, hull or hulk 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
(c) for a disposal otherwise than by sale – in the opinion of the port operator:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value.
(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:
(a) published in a newspaper circulating generally in the Territory; or
(b) published on the port operator's website; or
(c) affixed in a prominent position on the deck of the vessel, hull or hulk.
(13) For subsections (10)(b)(ii) and (11)(b):
(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:
(i) in a newspaper circulating generally in the Territory; or
(ii) on the port operator's website; and
(b) notice to a person who has an interest in a vessel, hull or hulk is taken to have been given if:
(i) for a person who has a registered interest and whose address is recorded in the register in which the interest is recorded – it has been sent by post to the person at that address; or
(ii) otherwise – it is addressed to the person and is published in a newspaper circulating generally in the Territory or on the port operator's website.
(14) However, a notice under subsection (12)(a) or (13)(a) or (b)(ii) must identify the vessel, hull or hulk or describe it by any general description that the port operator thinks fit.
(15) The person or persons to whom a direction is given under subsection (2), including a direction given in the manner mentioned in subsection (12)(c), are jointly and severally liable to pay all costs incurred under this section by the port operator or a person authorised under subsection (9).
(16) Subsection (15) applies irrespective of whether any person has been charged with, or found guilty of, an offence against subsection (6), and an amount payable under subsection (15) is additional to any penalty imposed for an offence against subsection (6).
(17) An amount that a person is liable to pay under subsection (15) for costs may be recovered as a debt due and payable to the port operator.
Note for section 42
Part 12 gives the regional harbourmaster for a designated port step-in rights in certain circumstances.
(1) This section applies to the following within a designated port:
(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 is likely to cause damage to, endanger or obstruct the 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 is likely to cause damage to, endanger or obstruct the 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:
(i) persons; or
(ii) vessels or other property within the port not connected with commercial shipping in the port; or
(iii) the environment.
(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:
(a) take the preventative action specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days; or
(b) if the harbourmaster decides (or, under subsection (3), is required) to allow the person to select, and take, one of 2 or more alternative preventative actions – select, and take, one of the preventative actions specified in the notice within the period specified in the notice which, for a direction in relation to a hull or hulk, must not be less than 14 days.
(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, alternative preventative action that does not include destroying the vessel, hull or hulk.
(4) A notice given under subsection (2) must include a statement that if the owner, master or occupier fails to comply with the direction the regional harbourmaster may, at the owner, master or occupier's cost, do one or more of the following with the vessel, hull or hulk:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell or otherwise dispose of it, and all fittings and equipment on board.
(5) A direction given under subsection (2) to take preventative action that includes destroying a vessel, hull or hulk does not authorise the person to whom it is given to destroy the vessel, hull or hulk without the consent of its owner.
(6) A person to whom a direction is given under subsection (2), other than a direction given in the manner mentioned in subsection (12)(c), commits an offence if the person fails to comply with the direction within the period specified in it or any longer time that the regional harbourmaster, in writing, allows.
Maximum penalty: 200 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
(8) Subsection (9) applies if a person to whom a direction is given under subsection (2) fails to comply with it within the period 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:
(a) remove it from the designated port;
(b) move it to another place within the port;
(c) repair it and make it safe;
(d) destroy it and all fittings and equipment on board;
(e) sell it, and all fittings and equipment on board, by public auction or after inviting public tenders;
(f) otherwise dispose of it, and all fittings and equipment on board, in any manner the regional harbourmaster thinks fit;
(g) authorise a person to board it (with or without workers, vehicles, plant, equipment or materials) and do a thing mentioned in paragraphs (a) to (f).
(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:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value; and
(b) either:
(i) the owner, master or occupier was, under subsection (2), directed to take preventative action that included destroying the vessel, hull or hulk; or
(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:
(a) the owner of the vessel, hull or hulk:
(i) cannot be located; or
(ii) fails to collect the vessel, hull or hulk and pay all costs associated with the securing of the vessel, hull or hulk 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
(c) for a disposal otherwise than by sale – in the opinion of the regional harbourmaster:
(i) the vessel, hull or hulk is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of storage and sale, exceeds its value.
(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:
(a) published in a newspaper circulating generally in the Territory; or
(b) published on the regional harbourmaster's website; or
(c) affixed in a prominent position on the deck of the vessel, hull or hulk.
(13) For subsections (10)(b)(ii) and (11)(b):
(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:
(i) in a newspaper circulating generally in the Territory; or
(ii) on the regional harbourmaster's website; and
(b) notice to a person who has an interest in a vessel, hull or hulk is taken to have been given if:
(i) for a person who has a registered interest and whose address is recorded in the register in which the interest is recorded – it has been sent by post to the person at that address; or
(ii) otherwise – it is addressed to the person and is published in a newspaper circulating generally in the Territory or on the regional harbourmaster's website.
(14) However, a notice under subsection (12)(a) or (13)(a) or (b)(ii) must identify the vessel, hull or hulk or describe it by any general description that the regional harbourmaster thinks fit.
(15) The person or persons to whom a direction is given under subsection (2), including a direction given in the manner mentioned in subsection (12)(c), are jointly and severally liable to pay all costs incurred under this section by the regional harbourmaster or a person authorised under subsection (9).
(16) Subsection (15) applies irrespective of whether any person has been charged with, or found guilty of, an offence against subsection (6), and an amount payable under subsection (15) is additional to any penalty imposed for an offence against subsection (6).
(17) An amount that a person is liable to pay under subsection (15) for costs may be recovered as a debt due and payable to the Territory.
(1) This section applies if the whole or part of a vessel, hull or hulk, or fittings or equipment from on board a vessel, hull or hulk, (the property ) is sold by a port operator under section 41 or 42.
(2) The purchaser of the property holds title to the property free of any interest existing in it before the sale.
(3) The proceeds of the sale must be paid as follows:
(a) first – in payment of the costs of the sale;
(b) second – in payment of the costs incurred by the port operator for the removal or storage of, or repairs to, the property;
(c) third – in payment of the costs incurred by the port operator for giving notice to a person about the proposed sale;
(d) fourth – to the Accountable Officer for payment into the Accountable Officer's Trust Account.
(4) Within 14 days after selling the property, the port operator must prepare a record of the following particulars:
(a) a description of the property;
(b) the date and means of giving notice of intention to sell the property;
(c) the name and address of any person to whom the notice was given;
(d) the date of sale;
(e) the name and address of the purchaser;
(f) the sale price;
(g) the amount retained by the port operator to cover the costs mentioned in subsection (3)(a), (b) and (c);
(h) if the property was sold by public auction – the name and address of the principal place of business of the auctioneer who sold the property;
(i) if applicable – the amount of the balance of the proceeds of sale paid to the Accountable Officer and the date of payment.
(5) The port operator must:
(a) retain the record required under subsection (4) for 3 years from the date of sale; and
(b) make the record available on request by any of the following:
(i) the owner of the property;
(ii) any other person claiming to have an interest in the property;
(iii) the Commissioner of Police;
(iv) an authorised officer as defined in section 4(1) of the Consumer Affairs and Fair Trading Act 1990 ;
(v) the Accountable Officer.
(6) Within 28 days after the sale, the port operator must:
(a) make the payment mentioned in subsection (3)(d); and
(b) give the Accountable Officer a copy of the record required under subsection (4).
(7) The port operator commits an offence if the port operator fails to comply with a requirement under subsection (4), (5) or (6).
Maximum penalty: 50 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
(9) If satisfied a person had an interest in the property before the sale, the Accountable Officer must pay to that person out of the Accountable Officer's Trust Account:
(a) an amount equivalent to that person's interest in the property; or
(b) if the person's interest in the property expressed as a monetary amount exceeds the balance of the proceeds of sale – the balance of the proceeds of sale.
(10) A person claiming an interest in the property under subsection (9) must apply to the Accountable Officer within 3 years after the sale.
(11) The Accountable Officer is not liable to make any further payment for the property if the balance of the proceeds of sale of the property has been paid under subsection (9)(b).
(12) Subsection (11) does not prevent a person making a claim against the person to whom the Accountable Officer has paid the balance of the proceeds of sale.
(13) Proceeds from the sale of the property that have remained unclaimed for 3 years must be paid into the Central Holding Authority.
(14) In this section:
"Accountable Officer" means the Accountable Officer, as defined in section 3(1) of the Financial Management Act 1995 , for the Agency.
"Accountable Officer's Trust Account", see section 3(1) of the Financial Management Act 1995 .
(1) This section applies if the whole or part of a vessel, hull or hulk, or fittings or equipment from on board a vessel, hull or hulk, (the property ) is sold by a regional harbourmaster under section 43.
(2) The purchaser of the property holds title to the property free of any interest existing in it before the sale.
(3) The proceeds of the sale must be paid as follows:
(a) first – in payment of the costs of the sale;
(b) second – in payment of the costs incurred by the regional harbourmaster for the removal or storage of, or repairs to, the property;
(c) third – in payment of the costs incurred by the regional harbourmaster for giving notice to a person about the proposed sale;
(d) fourth – in payment of the amount owing to the following:
(i) the holder of a registered interest in the property;
(ii) the holder of a known unregistered interest in the property;
(e) fifth – to the owner of the property.
(4) If the regional harbourmaster is unable to locate the owner after making reasonable attempts to do so, the amount payable to the owner under subsection (3)(e) must be paid to the Central Holding Authority.
(1) This section applies if the whole or part of a vessel, hull or hulk, or fittings or equipment from on board a vessel, hull or hulk, is disposed of to a person, otherwise than by sale, under this Division.
(2) The person holds title to the vessel, hull, hulk, fittings or equipment free of any interest existing in it before the disposal.
(1) If the operation of this Division would, apart from this section, result in an acquisition of property from a person otherwise than on just terms:
(a) the person is entitled to receive the compensation necessary to ensure the acquisition is on just terms from:
(i) if the acquisition arises from the exercise of a power or function by a port operator – the port operator; or
(ii) if the acquisition arises from the exercise of a power or function by a regional harbourmaster – the Territory; and
(b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.
(2) Subsection (3) applies if:
(a) a court has decided an amount of compensation is payable; and
(b) under subsection (1)(a)(i), a port operator is required to pay the compensation; and
(c) the port operator fails to do so within a reasonable time.
(3) The Territory must pay the compensation and the port operator is liable to pay the Territory the amount of compensation paid by the Territory together with all costs incurred by the Territory in consequence of the port operator's failure.
(4) An amount that a port operator is liable to pay under subsection (3) may be recovered as a debt due and payable to the Territory.