OpenLegislation

Article 18 Removal of obstructions other than vessels

Original text. Later amendments are not shown.

(1)

The Authority may remove anything, other than the whole or part of a vessel or anything contained in the whole or part of a vessel, which is causing or likely to become an obstruction to, or cause interference with, navigation in any part of the harbour or any approach thereto and may take such steps as appear to them to be appropriate to prevent or minimise such obstruction or interference.

(2)

If anything removed by the Authority under paragraph (1) is known by the Authority to be, or is so marked as to be readily identifiable as the property of any person, the Authority shall, within 28 days of its coming into their custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the Authority possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 28 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the Authority.

(3)

Notwithstanding paragraph (2) the Authority may, at such time and in such manner as they think fit, dispose of anything removed under paragraph (1) which is not known or so marked as to be readily identifiable as the property of any person or which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience.

(4)

If anything disposed of by the Authority under this paragraph is sold, the Authority may retain out of the proceeds of sale any expenses incurred by them under this article, and any surplus—

(a)

shall be paid to any person who within three months from the time of disposal proves to the reasonable satisfaction of the Authority that he was its owner at that time; or

(b)

if within the said period no person proves his ownership at the said time, shall vest in the Authority.

(5)

If the proceeds of sale of anything removed under this article are insufficient to reimburse the Authority for the said expenses, or there is no sale because the thing is unsaleable, the Authority may recover the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the Authority or who was the owner at the time of its abandonment or loss.