Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
Wreck and Salvage Act, 1996 (Act No. 94 of 1996)18. Powers of Authority in respect of certain wrecks and ships |
| (1) |
| (a) | When a ship is wrecked, stranded or in distress, the Authority may direct the master or owner of such ship, or both such master and such owner, either orally or in writing to move such ship to a place specified by the Authority or to perform such acts in respect of such ship as may be specified by the Authority. |
| (b) | If the master or owner of a ship referred to in paragraph (a) fails to perform within the time specified by the Authority any act which he or she has in terms of that paragraph been required to perform, the Authority may cause such act to be performed. |
| (2) | The Authority may, notwithstanding the provisions of subsection (1), cause any wreck or any wrecked, stranded or abandoned ship or any part thereof to be raised, removed or destroyed or dealt with in such a manner as it may deem fit, if it has not been able to contact the master or the owner of the said wreck, ship or part thereof. |
| (3) | If the Authority incurs any expenses in connection with the exercise of any power in terms of subsection (1)(b) or (2), it may recover such expenses from the owner of the wreck or ship in question or, in the case of an abandoned wreck or ship, from the person who was the owner thereof at the time of the abandonment. |
| (4) | If the Authority incurred or will incur any expenses in connection with the exercise of any power in terms of subsection (1)(b) or (2) in respect of any wreck or ship, it may cause any goods to be removed from such wreck or ship. |
| (5) | The Authority may— |
| (a) | sell any wreck or ship in respect of which any power has been exercised in terms of subsection (1)(b) or (2), any part of such wreck or ship and any goods removed therefrom in terms of subsection (4) and apply the proceeds of the sale towards the defrayal of any expenses incurred in connection with the exercise of such power; or |
| (b) | cause any such wreck, ship or goods to be detained until security to the satisfaction of the Authority has been given for the payment of such expenses. |
| (6) | If any wreck, ship or goods are sold in terms of subsection (5) and the proceeds of the sale exceed the amount of the expenses referred to in that subsection, the surplus shall be paid to the owner of the wreck, ship or goods in question after deducting therefrom the amount of any duty payable in respect of such wreck, ship or goods in terms of the Customs and Excise Act 91 of 1964. |
| (7) | The Authority, or any person acting under the authority of the Authority, shall not be liable in respect of anything done in good faith in terms of the provisions of this section. |
[Section 18 substituted by section 2(2) of Act 5 of 1998]
