Commonwealth Consolidated Acts

NAVIGATION ACT 1912 - SECT 314A

             (1)  If a ship or part of a ship is wrecked, stranded, sunk or abandoned on or near the coast of Australia, the Authority has, in regard thereto, the following powers:

                     (a)  to require the owner thereof, by notice in writing, to remove the wreck, or a specified part of the wreck, within a time specified in the notice, or give security for such removal to its satisfaction;

                     (b)  in the event of the owner not complying with such notice, to remove or to destroy the wreck, or the part of the wreck, as the case may be, in any manner it sees fit;

                     (c)  to sell any wreck, or a part of any wreck, recovered under its orders, and out of the proceeds of the sale:

                              (i)  to retain a sum to cover the expenses incurred in the recovery and sale of the wreck or the part of the wreck; and

                             (ii)  to pay the surplus (if any) to the owner;

                     (d)  to recover from the owner any expenses incurred by it in connection with such removal or destruction.

             (2)  For the purposes of this section:

"owner" means the owner immediately prior to the time of the loss or abandonment of the ship or the part of the ship.

             (3)  The provisions of subsection (1) have effect in relation to a wreck that is a historic wreck despite anything contained in the Historic Shipwrecks Act 1976 but, in respect of a wreck that is a historic wreck, the Authority must not exercise any of the powers referred to in that subsection unless in its opinion it is necessary to do so for the purposes of:

                     (a)  saving human life; or

                     (b)  securing the safe navigation of ships; or

                     (c)  dealing with an emergency involving a serious threat to the environment.

             (4)  The Authority shall not exercise any of the powers referred to in subsection (1) in relation to a wreck to which subsection 295B(1) applies unless in its opinion it is necessary to do so for the purpose of:

                     (a)  saving human life; or

                     (b)  securing the safe navigation of ships; or

                     (c)  dealing with an emergency involving a serious threat to the environment.

             (5)  Section 2 does not have effect in relation to this section.