South Australian Current Regulations

HARBORS AND NAVIGATION REGULATIONS 2023 - REG 158

158—Removal of vessel and disposal of vessel if unclaimed

        (1)         If the registered owner of a vessel fails to comply with an order under regulation 157, the CE may remove the vessel from the waters of the jurisdiction and recover the costs of doing so, as a debt, from the registered owner of the vessel.

        (2)         The CE must notify the registered owner of the vessel of its removal and of the place to which the vessel was removed—

            (a)         by written notice—

                  (i)         served on the registered owner personally; or

                  (ii)         sent by registered post to the registered owner's last known residential address,

immediately after the removal of the vessel; or

            (b)         by public notice published in a newspaper circulating generally in the State within 14 days after the removal of the vessel.

        (3)         If the registered owner of the vessel does not, within 1 month after service or publication of the notice relating to the removal of the vessel—

            (a)         take possession of the vessel; and

            (b)         pay all expenses in connection with the removal, custody and maintenance of the vessel and of serving, posting or publishing the notice,

the CE may, subject to subregulation (4), offer the vessel for sale by public auction.

        (4)         If—

            (a)         the vessel is offered for sale by public auction but is not sold at the auction; or

            (b)         the CE reasonably believes that the proceeds of the sale of the vessel would be unlikely to exceed the costs incurred in selling the vessel,

the CE may dispose of the vessel in such manner as the CE thinks fit.

        (5)         The CE must apply any proceeds of sale of the vessel as follows:

            (a)         firstly, in payment of the costs of and incidental to the sale;

            (b)         secondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vessel and of the notice served, posted or published under this regulation;

            (c)         thirdly, in payment of the balance to the registered owner of the vessel.

        (6)         If after reasonable inquiry following sale of the vessel the registered owner of the vessel cannot be found, the balance of the proceeds of the sale will be paid to the Treasurer to be credited to the Consolidated Account.