Page:Merchant Shipping (Local Vessels) (Dwelling Vessels) Regulation (Cap. 548A).pdf/9

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L. S. NO. 2 TO GAZETTE NO. 27/2001

L.N. 158 of 2001

B1479

16. Dwelling vessels in closed area or unlicensed dwelling vessels in prescribed area

(1) The Director may by notice order that a dwelling vessel in a closed area be removed from the closed area or that an unlicensed dwelling vessel in a prescribed area be removed from the prescribed area.

(2) A notice given under subsection (1)—

(a) shall be addressed to the owner or licensee of the vessel or generally to all persons normally dwelling on the vessel;
(b) shall be served by affixing it to the mast or any other prominent part of the vessel;
(c) shall order the person or persons to whom the notice is addressed to remove the vessel or cause it to be removed from the closed area or the prescribed area, as the case may be, within such time (being not less than 14 days) as is specified in the notice; and
(d) shall give a brief description of the powers exercisable by the Director under this Regulation if the vessel is not removed as ordered by the notice.

(3) A person who, without reasonable excuse, fails to comply with a notice given under subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

(4) If a vessel is not removed as ordered by a notice given under subsection (1), the Director may do any or all of the following—

(a) seize the vessel;
(b) remove the vessel or cause it to be removed from the closed area or the prescribed area, as the case may be;
(c) detain the vessel.

(5) Where a vessel has been seized and detained under subsection (4), and regardless of whether the vessel has been removed under that subsection,the Director may remove any person or property found on the vessel and may take possession of any property found on the vessel.

(6) As soon as practicable after seizing and detaining a vessel under subsection (4), and regardless of whether the vessel has been removed under that subsection, the Director shall serve a notice of the seizure and detention on the persons whom the Director believes to be the owner and the licensee of the vessel, and on every person whom the Director believes to be the owner or otherwise entitled to the possession of any property on board the vessel.

(7) A notice served under subsection (6) shall be deemed to have been duly served on the person on whom it is to be served—