Northern Territory Numbered Acts Northern Territory Numbered 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 within the port that, in the port operator's opinion, is one to which this section applies:
(a) to remove it from the port; or
(b) to repair it and make it safe; or
(c) to destroy it.
(3) An owner, master or occupier to whom a direction is given under subsection (2) commits an offence if the owner, master or occupier fails to comply with the direction within 14 days after it is given or any longer time that the port operator, in writing, allows.
Maximum penalty: 200 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) Subsection (6) applies if the owner, master or occupier to whom a direction is given under subsection (2) fails to comply with it within the time allowed for doing so.
(6) The port operator may authorise a person to board the vessel, hull or hulk (with or without workers, vehicles, plant, equipment or materials) and carry out the work required to comply with the direction.
(7) 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 sufficiently given if a notice of it addressed to the owner, master or occupier, without specifying a name, is published in a newspaper circulating generally in the Territory.
(8) However, a notice under subsection (7) must identify the vessel, hull or hulk or describe it by any general description that the port operator thinks fit.
(9) The costs incurred under this section by the port operator, or a person authorised under subsection (6), may be recovered from the owner, master or occupier 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.