Statutory harbour authorities (SHAs) often find themselves with the need to remove a vessel from their respective harbours. This can be for a wide range of reasons, such as them being sunk, stranded, or abandoned, unserviceable, or because the vessel needs to be sold to recover outstanding debt.
This article summarises some key statutory harbour powers which empower SHAs to remove vessels.
Merchant Shipping Act 1995
All SHAs are ‘harbour authorities’ within the meaning of the Merchant Shipping Act 1995. They are therefore able to exercise the powers contained under section 252 in relation to sunk, stranded or abandoned vessels. This power is discussed separately in our article here.
Harbours, Docks and Piers Clauses Act 1847
The Harbours, Docks and Piers Clauses Act 1847 is commonly incorporated (in whole or in part) into the local legislation applying to individual SHAs. Insofar as it is incorporated, the following powers may be exercisable.
- Section 44 - recovery of tonnage rates distraint of ship and tackle
This power provides that where the master of a vessel refuses or neglects to pay the rates due, the collector of rates can board the vessel and demand them. On non-payment, the collector may take, distrain or arrest the vessel, its tackle, apparel and furniture, detaining them until the outstanding rates are paid.
If the rates remain unpaid for seven days following distraint or arrest, the collector may cause the vessel, tackle, apparel and furniture to be appraised twice and sold. The proceeds of sale can be used to satisfy the outstanding rates and the expenses for taking, keeping, appraising, and selling the vessel, tackle, apparel and furniture. Any surplus must be returned to the owned on demand.
However, one issue with this power is that that costs are only recoverable through the sale of the vessel, tackle, apparel and furniture. If they are of low value, full recovery of the outstanding dues and expenses incurred may not be possible. It is however a quick way to remove vessels from a harbour and does not require the vessel to be in poor condition or obstructing navigation.
- Section 56 - harbour master may remove wrecks
This power provides the harbour master may remove any wreck or other obstruction to the harbour or its approaches, and any floating timber impeding navigation.
The owner of the vessel is liable for the expenses, and the harbour master may detain the wreck or floating timber to secure those expenses. In the event of non-payment, the secured wreck or timber may be sold to recover the costs. Any surplus must be returned to the owner on demand.
However, one issue with this power is that that costs are only recoverable through the sale of the wreck or floating timber. If they are of low value, full recovery of the expenses incurred may not be possible.
- Section 57 - unserviceable vessels to be altogether removed from harbour
This power prohibits vessels being laid by or neglected as unfit for sea service within a harbour, dock or pier. Where there is such a vessel, the harbour master is empowered to remove it and lay it on any part of the strand, sea shore, or other place where it may be placed without injury to persons.
The expenses incurred for the removal and placing of the vessel may be recovered by the SHA in court. If the owner fail to reimburse the SHA within seven days, the SHA can apply for a warrant to have the vessel sold to recover its costs.
There are several issues with this power and in practice it is of limited use. The SHA has to place the vessel somewhere outside the harbour (in most cases it will have no suitable location). Once it has done so, the ownership of the vessel remains with the owner (i.e. they can just go and take it) and it requires Court action to obtain a power of sale to recover costs (which in any event is unlikely to be achievable in practice as a vessel ‘unfit for sea service’ may well be of limited or no value).
- Section 58 - harbour master may remove vessels within docks
This power provides that:
- Where the master of a vessel moors, unmoors, places or removes their vessel except in accordance with the directions of the harbour master, or
- Where there is no one on board to comply with a direction,
the harbour master may cause the vessel to be moored, unmoored, placed or removed as they think fit, so long as it remains within the harbour and subject to a proviso. The master of the vessel is required to pay all expenses incurred by the harbour master in attending the mooring, unmooring, placing or removing of the vessel.
However, one issue with this power is that the vessel can only be moved to another place within the harbour. It therefore cannot be used to entirely remove vessels from the harbour.
Dangerous Vessels Act 1985
The Dangerous Vessels Act 1985 allows a harbour master to give directions which:
- Prohibit entry into, or
- Require removal from,
a harbour if they are of the opinion the condition of the vessel or nature or condition of its contents might involve grave and imminent danger to the safety of persons or property. The harbour master may also give such a direction of they are of the opinion there is a grave or imminent risk that the vessel may, by sinking or foundering in the harbour, prevent or seriously prejudice the use of the harbour by other vessels. This power is not exercisable in relation to pleasure boats up to 24 metres in length. Other conditions, limitations and duties apply.
Why is it important to check local legislation prior to taking action?
The local legislation applying to each SHA should always be checked because it could contain additional (potentially better) vessel removal powers or affect how the powers described in this article operate. All available powers should be considered prior to taking action because:
- Different powers might be available to different SHAs.
- Each power comes with different pros and cons.
- The exercise of one statutory power at the offset may prejudice the later exercise of another.
If you would like advice, please contact Lara Moore or Tommy Fox in the marine team who would be happy to assist.
