Section 58
of Maritime and Port Authority of Brunei Darussalam Act
Section 58
(1)
Notwithstanding section 57, if the vessel, aircraft or other object is not raised, removed or destroyed within such time as may be given in the notice under that section, the Authority may -
(a)
take possession of and raise, remove or destroy the whole or any of such vessel, aircraft or object;
Maritime und Port
Authority of Brunei Darussulan~
CAP. 222 49
(b)
light, mark or buoy such vessel, aircraft or object until the raising, removal or destruction thereof; and
(c)
sell, in such manner as it thinks fit. any such vessel, aircraft or object.
(2)
The Authority may use the proceeds of the sale under subsection (l)(c) to reimburse itself for the whole of the expenses incurred by it in the exercise of its powers under this section.
(3)
The Authority shall on demand pay the surplus, if any, of the proceeds of the sale under subsection (l)(c) to the owner or any person entitled to it and if no demand is made by the owner or any person entitled to the surplus within 12 months from the date of such sale, the surplus shall be paid into the funds of the Authority.
(4)
If the proceeds of the sale under subsection (l)(c) are insufficient to reimburse the Authority for the whole expenses incurred by it, the
Authority may recover the balance from the owner of the vessel, aircraft or object as a debt in any court of competent jurisdiction.
(5)
If any vessel, aircraft or object or any part thereof is destroyed by the Authority under subsection (l)(a), the owner of such vessel, aircraft or object shall reimburse the Authority for the expenses incurred by the
Authority in such destruction.
(6)
For the purposes of this section, "vessel" or "aircraft" includes every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel or an aircraft, as the case may be.