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Broads Authority Act 2009

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19Powers as to unsafe vessels, etc.

(1)An authorised officer may require the master of any unsafe vessel in the navigation area or on adjacent waters—

(a)to remove the vessel to a place either within or outside the navigation area or adjacent waters; and

(b)where reasonably practicable, to carry out such works to the vessel, or to take such other action, as will remove any imminent danger to the safety of any person or property on or near the vessel, or any imminent risk of pollution.

(2)An authorised officer who boards a vessel pursuant to section 17 may if the vessel is unsafe carry out such works or take such other action as is referred to in subsection (1)(b); and the Authority may recover the costs reasonably so incurred from the owner of the vessel.

(3)The master of a vessel who without reasonable excuse fails to comply with a requirement made under subsection (1) and any person who without reasonable excuse intentionally obstructs an authorised officer acting under subsection (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)The Authority shall pay reasonable compensation to the owner of any vessel in respect of any damage which is caused to the vessel by the exercise of the powers of this section, if it is shown that at the time of such exercise the vessel was not unsafe, but nothing in this subsection shall require the Authority to pay compensation in respect of any damage to the extent that the damage results from the act or default of the master, owner or any other person (not being an employee or agent of the Authority).

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