The Poole Harbour Revision Order 2012

Power to deal with abandoned vessels, etc.

21.—(1) The Commissioners may remove, sell, destroy or otherwise dispose of any vessel abandoned or neglected on the harbour premises or other land adjoining the waters of the harbour.

(2) The Commissioners may reimburse themselves out of the proceeds of sale of any such vessel, or any part of any such vessel, for any expenses incurred by them or the harbourmaster in respect of the vessel and must pay the surplus, if any, to the owner.

(3) If—

(a) the proceeds of sale under paragraph (1) are insufficient to allow the Commissioners to recover all amounts permitted by paragraph (2); or

(b) there is no sale of the vessel,

the Commissioners may recover the amounts referred to in paragraph (2) net of any proceeds of sale from the owner as a debt.

(4) Except in an emergency the Commissioners must not exercise their powers under paragraph (1) unless they have given to the owner 28 clear days’ notice in writing of their intention to do so and—

(a) in any case in which mooring or other fees are or have been payable to the Commissioners in respect of the vessel, such fees have not been paid; or

(b) in any case in which no such fees are payable but the presence of the vessel in the harbour is governed by terms and conditions agreed with the Commissioners, there is a substantial breach of the terms and conditions.

(5) Where, in an emergency, the Commissioners exercise their powers under paragraph (1) without notice, they must notify the owner that they have exercised their powers in relation to the vessel as soon as reasonably practicable afterwards.