Removal of unauthorised mooring
5 Removal of unauthorised mooring
If a mooring is installed contrary to regulation 4, the CEO may by written notice —
given to the owner of the mooring; or
if the identity or whereabouts, or both, of the owner cannot be ascertained after reasonable inquiry — published once in a newspaper circulating throughout the State,
require the mooring to be removed from the mooring control area within such period (being not less than 7 days after the date the notice is given or published) as is specified in the notice.
If the owner of the mooring fails to comply with a notice under subregulation (1), the CEO may dispose of the mooring by —
removing the mooring; and
storing or destroying the mooring.
The CEO is not liable for any loss suffered by the owner of the mooring because of action taken by the CEO under subregulation (2), and any costs incurred in taking that action may be recovered by the CEO —
as a debt due to the State in a court of competent jurisdiction; or
by the sale of the mooring.
The proceeds of a sale referred to in subregulation (3)(b) are to be applied —
first to the expenses of the sale; and
second to the costs of removing the mooring,
and the balance, if any, of those proceeds is to be paid to the owner of the mooring but, if the identity or whereabouts, or both, of the owner cannot be ascertained after reasonable inquiries, credited to the Consolidated Account 2.
[Regulation 5 amended: SL 2021/147 r. 8.]
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