Revised Laws of Saint Lucia (2021)

368.   Removal of wreck by port or harbour Authority

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    (1)   Where any vessel is sunk, stranded or wrecked or abandoned in any seaport under the control of the Saint Lucia Air and Sea Ports Authority established under the Saint Lucia Air and Sea Ports Authority Act, hereinafter referred to as the Authority, or in any approach thereto, in such manner, as in the opinion of the Authority, is or is likely to be an obstruction or danger to navigation in that seaport or the approach thereto, the Authority may—

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      (a)     take possession of, and raise, remove or destroy the whole or any part of the vessel;

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      (b)     light or buoy the vessel or part of such vessel until the vessel is raised, removed or destroyed;

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      (c)     subject to subsections (2) and (3), sell in such manner as the Authority thinks fit the vessel or any part of the vessel so raised or removed, and also any other property recovered in the exercise of the Authority's powers under this section, and out of the proceeds of the sale, reimburse itself for the expenses incurred, and hold the surplus, if any, in trust for the persons entitled thereto.

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    However, such surplus shall be paid into the Consolidated Fund unless such persons establish a claim thereto within one year of the sale of the vessel.

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    (2)   Except in the case of property which is of a perishable nature, or which would deteriorate in value by delay, a sale shall not be made under this section, until at least 7 clear days' notice of the intended sale has been given, either by advertisement in a newspaper published and circulating in or near the district over which the Authority referred to in subsection (1) has control, or in such other manner as the Authority thinks fit.

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    (3)   At any time before any property is sold under this section, the owner of the property shall be entitled to have the property delivered to him or her on payment to the Authority of the fair market value of the property; and that value shall be ascertained by agreement between the Authority and the owner or, failing such agreement, by some person to be named for the purpose by the Principal Receiver.

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    (4)   Any sum received under subsection (3) by the Authority in respect of any property shall, for the purposes of subsection (1), be deemed to be the proceeds of sale of such property.

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    (5)   If the proceeds of sale of any property sold under this section are less than the costs incurred by the Authority when acting under this section, the Authority may recover, by civil action, such difference from the owner of the vessel.

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    (6)   The powers conferred by this section on the Authority for the removal of wrecks shall be in addition to, and not in derogation of, any other powers conferred by any other enactment.