Liability of chief executive officer and owner for costs and compensation in relation to detained vessels
122 Liability of chief executive officer and owner for costs and compensation in relation to detained vessels
If a vessel is detained under section 61 and subsection (3) does not apply, the owner of the vessel is liable to pay to the chief executive officer the reasonable costs of and incidental to the detention and inspection of the vessel, which costs are, without prejudice to any other remedy, recoverable by the chief executive officer in a court of competent jurisdiction.
For the purposes of subsection (1), the costs referred to include the costs of and incidental to any proceeding before the State Administrative Tribunal under section 63C and the remuneration of any person designated under section 63(2) to inspect the vessel and provide a report.
If there was no reasonable cause for the detention of a vessel under section 61, the chief executive officer is liable to pay the owner of the vessel —
the owner’s costs of and incidental to the detention and inspection of the vessel; and
compensation for any loss or damage sustained by the owner by reason of the detention or inspection.
[Section 122 inserted: No. 24 of 2023 s. 86.]
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