Section 513: Removal of wreck by harbour or conservancy authority

513. Removal of wreck by harbour or conservancy authority.—(1) Where any vessel is sunk, stranded, or abandoned in any harbour or tidal water under the control of a harbour or conservancy authority, or in or near any approach thereto, in such manner, is in the opinion of the authority, to be, or likely to become, an obstruction or danger to navigation or threat to environment and marine life that authority may— (a) take possession of, and raise, remove, or destroy the whole or any part of the vessel; (b) light or mark or buoy any such vessel or part until the raising, removal, or destruction thereof; (c) give information to masters and agents of ships entering, moving within or leaving the port; and (d) sell, in such manner as it thinks fit, any vessel or part so raised, and also any other property, recovered by it, in the course of exercise of its powers under this section, and out of the proceeds of the sale reimburse itself for the expenses incurred by it in relation thereto and hold the surplus, if any, of the proceeds in trust for the persons entitled thereto. Provided that a sale shall not, except in the case of property which is of a perishable nature or which would deteriorate in value by delay, be made under this section until at least seven clear days’ notice of the intended sale has been given by advertisement in some newspaper circulating in or near the area over which the authority has control: Provided further that, at any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the owner, or failing agreement by some person to be named for the purpose by the Federal Government whose decision in this regard shall be final and the sum paid to the authority as the value of any property under this proviso shall for the purposes of this section, be deemed to be the proceeds of sale of that property. (2) Where any vessel is sunk, stranded or abandoned in the territorial waters or exclusive economic zone beyond the harbour limits, the Federal Government may, if it is of the opinion that the vessel may cause an obstruction or danger to navigation or a threat to environment and or marine life, take measures specified in sub-section (1).

Effective date: 2001-01-01

Related sections