Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 339
339. Where any vessel is sunk, stranded or abandoned on or
near the coasts within the terri torial jurisdiction of Malta in such
manner as in the opinion of the Minister to be, or to be likely to
become, an obstruction or danger to navigation, the Minister ma y -
M E R C H A N T S H I P P I N G [CAP. 234. 161
(a) take possession of, and raise, remove or destroy the
whole or any part of the vessel;
(b) light or buoy any such vessel or part until the raising,
removal or destruction thereof;
(c) sell, in such manner as he thinks fit, any vessel or part
so raised or removed, and also any property recovered
in the exercise of the powers under this article, and out
of the proceeds of the sale reimburse himself for the
expenses incurred by him in relation thereto under this
article, and the Minister shall hold the surplus, if any,
of the proceeds for the benefit of the persons entitled
thereto:
Provided that a sale shall not (except in the case of property
which is of a perishable nature, or which would deteriorate in value
by delay) be made under this ar ticle unless at least seven clea r
days’ notice of the intended sal e has been given by advertiseme nt
in at least two local newspapers:
Provided further that at any time before any property is sold
under this article, the owner th ereof shall be entitled to have the
same delivered to him on payment to the Minister of the fair ma rket
value thereof to be ascertained by agreement between the Minist er
and the owner, or failing such agreement by some person to be
named for the purpose by agreement between the Minister and the
owner or by the Civil Court, First Hall, on an application by t he
Minister or the owner, and the sum paid to the Minister as the value
of the property under this provision shall, for the purposes of this
article, be deemed to be the p roceeds of sale of that property.
Extent of power of
removal.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.