The Poole Harbour Revision Order 2012

Powers with respect to disposal of wrecks

19.—(1) In its application to the Commissioners, section 252 of the 1995 Act has effect subject to the provisions of this article and article 20.

(2) Subject to paragraph (3), and to any enactment limiting liability of the owner, the Commissioners may recover from the owner of any vessel in relation to which they have exercised their powers under section 252 any expenses reasonably incurred by the Commissioners under that section in relation to that vessel which are not reimbursed out of the proceeds of sale (if any) within the meaning of that section.

(3) The Commissioners may recover expenses under paragraph (2) only if—

(a) the powers under section 252 were exercised in an emergency;

(b) before exercising powers under section 252(2)(a) or (c), the Commissioners—

(i) gave the owner not less than 48 hours’ notice of their intention to do so; and

(ii) did not receive within that period written notice of the owner’s intention to dispose of the vessel; or

(c) they exercised powers under section 252(2)(a) or (c) in the circumstances set out in paragraph (4) of this article.

(4) If the Commissioners receive a notice under paragraph (3)(b)(ii), they must not exercise powers under section 252(2)(a) or (c)—

(a) for seven days after receiving the counter-notice; and

(b) until they are satisfied that—

(i) the owner is not proceeding with the disposal with all reasonable diligence; or

(ii) the owner is not complying with directions given by the Commissioners for the purpose of preventing interference with navigation.

(5) In this article the expression “owner” in relation to any vessel means the present owner or, as the case may require, the person who was the owner of the vessel at the time of the sinking, stranding or abandonment of the vessel.