Wreck Removal Act 1935

[23 November 1935]

[preamble and words of enactment omitted]

Wrecks, hulks and derelicts; powers of Minister

1 (1) Notwithstanding any powers vested in municipal corpora tions by any Act, the Minister of Marine and Air Services (hereinafter re ferred to as "the Minister") shall be the authority governing all wrecks, hulk and derelicts in the territorial waters of Bermuda, or partly in the territorial waters of Bermuda and partly on land held in fee simple, or otherwise, by any person; and for that purpose the Minister may—

(a) inquire whether any craft in the territorial waters of Bermuda or on any such land is, or is likely to become, a wreck, hulk, or derelict;

(b) inquire as to the ownership of, or legal responsibility for, such craft;

(c) summon any person as a witness before them [sic] and ex amine such witness on oath on any matter touching such craft;

(d) make any order as to the sinking, destruction or dis posal of such craft in such place and in such manner as the Minister may direct;

(e) carry out any act or thing necessary for the sinking, de struction or disposing of any such craft;

(f) demand, sue and recover and receive from any person liable to pay the same, any sum or sums of money ex pended by the Minister in the sinking, destruction or disposal of any such craft.

(2) Any person thereto authorized by the Minister may enter on any land for any of the purposes aforesaid.

Owner to keep craft capable of being taken to sea

2 (1) The owner of, or person legally responsible for, the upkeep of any craft in, or partly in, the territorial waters of Bermuda shall maintain and keep such craft in such condition that such craft shall, under normal weather conditions, be capable of being taken to sea.

(2) [omitted] [spent]

Minister may require owner to remove, sink or burn craft

3 (1) The Minister may serve notice on the owner or person legally responsible for the upkeep of any craft either wholly or partly in the territorial waters of Bermuda, to remove the craft, or to sink, burn or destroy or otherwise dispose of the craft, as the Minister may direct, within such time as may be prescribed in such notice; and any such no tice shall be deemed to be duly served on such owner or person on pub lication of the notice in the Gazette and one other daily or weekly paper (if such there be) published in Bermuda, but the Minister shall, when practicable, send a copy of such notice by prepaid letter to such owner or person or shall attach a copy thereof to such craft.

(2) After the expiration of the time prescribed in the notice, if the owner or other person has not complied with the requirements thereof, then such craft shall become the property of Her Majesty, and may be sunk, burned, destroyed or otherwise disposed of as the Minister sees fit, and the cost of such destruction shall be met from any

monies placed at the disposal of the Minister by the Legislature, but such costs may be recovered from any such owner or person responsible for such craft, in an action in the Supreme Court or under the Magistrates Act 1948 [title 8 item 15], and the amount so recovered after deducting ex penses of recovery, shall be paid into the Consolidated Fund.

(3) No order under this Act shall be made until the Minister has served a notice on the owner of any craft, by registered post if the owner is known and in Bermuda, or by notice in the Gazette if the owner is not known or is not in Bermuda, requiring him to appear before the Minister at a place and time not less than three clear days from the date of such notice to show cause why such order should not be made.

(4) If the owner fails to appear before the Minister in accor dance with the notice aforesaid, or if the Minister is of opinion that the owner has failed to show cause why an order should not be made, then the Board may proceed to serve notice to the owner in accordance with this Act.

Dues to be paid by owner of wreck or hulk

4 There shall be payable to the Minister by the owner or other per son liable to pay the same, dues at the rates set out in the Schedule, for each year or part of a year that any wreck, hulk, or derelict is in the ter ritorial waters of Bermuda, and in default of payment the Minister may take possession of any such craft and may sell or otherwise dispose of the craft as he may think fit and the powers contained in this section shall be deemed to be in furtherance and not in limitation of any other powers vested in the Minister by this Act.

Offences

5 If any owner or person legally responsible for any craft partly or wholly in the territorial waters of Bermuda, neglects to keep the craft in seaworthy condition, or contravenes any provision of this Act, he com mits an offence against this Act:

Punishment on summary conviction: imprisonment for 3 months or a fine of $720 or both such imprisonment and fine.

Meaning of "hulk"

6 No craft shall be deemed to be a hulk within the meaning of this Act which is used for the carriage or storage afloat of any commodity, but every such craft shall comply with and be subject to section 2.

Saving for craft temporarily laid up for repairs

7 This Act shall not apply to any craft temporarily laid up for re pairs unless in the opinion of the Minister the making of such repairs is unreasonably delayed.

SCHEDULE

Fees Payable in Respect of Hulks

From the date of the declaration by the Minister that the craft has be come a hulk—

until the 31st December next following $24.00

for the following year $48.00

for the year following that $96.00

and so on in geometrical progression until the removal and effective de struction of such hulk.

[Amended by

Bermuda Consolidated Legislation

Wreck Removal Act 1935