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Vanuatu Consolidated Legislation - 1988

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Derelict Vessels (Disposal) Act

Commencement: 7 April 1923


LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988


CHAPTER 9


DERELICT VESSELS (DISPOSAL)


JR 3 of 1923


ARRANGEMENT OF SECTIONS


SECTION

  1. Notice of finding of derelict to be given
  2. Restoration of derelict to owner
  3. Disposal of unclaimed wrecks

4. Disposal of proceeds of sale of unclaimed wrecks
5. Action in cases in which notice of finding has not been given
6. Penalties for infractions


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DERELICT VESSELS (DISPOSAL)


To provide for the disposal of derelict vessels found within the waters of Vanuatu.


NOTICE OF FINDING OF DERELICT TO BE GIVEN


  1. Any person who shall find an abandoned vessel or wreck of any description at sea or on the seashore shall give notice of such finding to the Minister responsible for transport or to the nearest police station; the officer in charge of the police station shall immediately inform the Minister.

The Minister shall arrange for the publication of the notice of finding.


RESTORATION OF DERELICT TO OWNER


  1. (1) When a claim to the ownership of such salved vessel shall be made within a period of 3 months of the date of the first publication of notice as aforesaid, such vessel shall be delivered to the claimant on production of proof of ownership, and on payment to the salvor of -

(a) one-third of the value of the vessel if it has been found at a distance of more than 1 mile from the shore; or


(b) a quarter of such value if the vessel has been found on the seashore or at less than 1 mile from the shore.


(2) The value of the vessel shall be estimated by one person appointed by the Minister responsible for transport, and should the owner of the vessel consider that his interests are affected by the value so estimated he may demand that the vessel shall be sold by public auction, and the amount of salvage to be paid to the salvor shall be calculated on the gross proceeds of such sale.


(3) If the vessel is sold as aforesaid the proceeds of the sale shall be paid to the owner on production of proof of his ownership and after deduction from such proceeds of-


(a) salvage for the salvor fixed as provided in subsection (1);
(b) customs duties, if any;
(c) expenses of valuation;


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