Northern Territory Consolidated Acts Northern Territory Consolidated Acts(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.