Document ID: chunk:federal_register_of_legislation:C2025C00094:section:229
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 229
Character Range: 216136–218325

229  Dealing with wrecks
 (1) AMSA has the following powers in relation to any wreck:
 (a) to require, by written notice, the legal owner of the wreck, within the period specified in the notice:
 (i) to remove the wreck, or a specified part of the wreck; or
 (ii) to give security to the satisfaction of AMSA for such removal;
 (b) to require, by written notice, the legal owner of the wreck, within the period specified in the notice:
 (i) to mark the wreck, or a specified part of the wreck; or
 (ii) to give security to the satisfaction of AMSA for such marking;
 (c) to mark or remove the wreck, or a part of the wreck, in any manner it sees fit, if:
 (i) AMSA considers it necessary for the purposes of saving human life, securing the safe navigation of vessels or protecting the marine environment; or
 (ii) there is no legal owner of the wreck, or AMSA cannot, despite making reasonable efforts, locate or contact the legal owner; or
 (iii) the legal owner does not comply with a notice given to him or her under paragraph (a) or (b) within the period specified in the notice;
 (d) to destroy or sink the wreck, or a part of the wreck, in any manner it sees fit, if AMSA considers it necessary for the purposes of saving human life, securing the safe navigation of vessels or protecting the marine environment;
 (e) to recover from the legal owner of the wreck any expenses incurred by AMSA in connection with locating, marking, removing, destroying or sinking the wreck.
 (2) AMSA may exercise the powers in paragraphs (1)(a) and (b) in respect of the following:
 (a) a wreck of, or wreck from, a regulated Australian vessel wherever it is situated;
 (b) a wreck of, or wreck from, a foreign vessel situated in the territorial sea of Australia.
 (3) AMSA may exercise the powers referred to in paragraphs (1)(c) and (d) in respect of the following:
 (a) a wreck of, or wreck from, a regulated Australian vessel situated:
 (i) in the exclusive economic zone of Australia; or
 (ii) in the territorial sea of Australia;
 (b) a wreck of, or wreck from, a foreign vessel situated in the territorial sea of Australia.
 (4) A notice under subsection (1) is not a legislative instrument.