Western Australian Current Acts Western Australian Current Acts (1) Where a vessel
within a port is, in the opinion of the harbour master, not regularly used for
sea service and either unfit for sea service or so situated as to constitute
an obstruction to the safe movement of vessels within the port, the harbour
master may —
(a) by
notice served on the owner of the vessel; or
(b) if
the identity or whereabouts of the owner cannot be ascertained after the
making of reasonable enquiries, by notice affixed to the vessel,
require the removal of
the vessel within the time specified in the notice to such place, subject to
subsection (3), as is specified in the notice.
(2) Where the terms of
a notice given under subsection (1) are not complied with, the harbour master
may cause the vessel to be removed to the place specified in the notice, and
the cost of so doing is a debt due to the Crown and recoverable in a court of
competent jurisdiction.
(3) The harbour master
of a port shall not order the removal of a vessel to a place outside the port
unless he is satisfied that in the circumstances of the case, including the
condition of the vessel, there is no place within the port where the vessel
might lie without obstructing or prejudicing the safe movement of vessels
within the port.
[(4) deleted]
[Section 6 amended: No. 71 of 2006 s. 6; No. 9 of
2014 s. 38.]