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Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)

19. Detention of ships pending payment of costs for which owner is liable

 

(1) If the owner of a ship fails to pay costs payable by him in terms of section 9(1)(b), or fails to make a deposit or to furnish a guarantee which he is in terms of section 16 required to make or to furnish, the Authority may, in the prescribed manner—
(a) cause the ship in question or any other ship or ships, or the ship in question and any other ship or ships of the owner—
(i) to be detained until such costs have been paid or such deposit has been made or guarantee furnished, as the case may be: Provided that such detention shall not exceed a period of seven days or such further period as the division of the Supreme Court of South Africa having jurisdiction may authorize; and
(ii) on the authority of the said division of the Supreme Court of South Africa and subject to its directions—
(aa) where such detention has been effected because of a failure to pay such costs due, to be seized and, after notice in the Gazette of the proposed realization thereof, to be realized in satisfaction of those costs;
(bb) where such detention has been effected because of a failure to make a deposit or to furnish a guarantee, and costs become payable by the owner in terms of section 9(1)(b) at a time when the required deposit has not yet been made or guarantee has not yet been furnished, to be seized and, after notice as prescribed in item (aa), to be realized in satisfaction of those costs;
(b) on the authority of the said division of the Supreme Court of South Africa and subject to its directions, cause to be seized and realized in satisfaction of those costs, any goods of such owner on such ship or ships.

 

(2) The Authority shall cause any ship or goods detained or seized in terms of subsection (1) to be released forthwith from detention or seizure if the owner concerned pays the costs, makes the deposit or furnishes the guarantee referred to in that subsection or by virtue of a direction contemplated in section 12(2) deposits an amount with the Master concerned or furnishes the said Master with a guarantee as contemplated in that section, before the realization, in terms of the said subsection, of the ship or goods in question.

 

(3) Notwithstanding anything to the contrary in any law contained, the proceeds of the realization of any ship or goods which took place in terms of this section, shall be applied to satisfy the costs in connection with which the realization took place, with preference over the satisfaction of any lien upon such ship or any obligation secured by a mortgage over such ship or goods or a share therein.

 

(4) The provisions of this section shall mutatis mutandis apply to the owner of a tanker to which the provisions of section 13(1) do not apply.