Section 228

may take possession of, and raise, remove or destroy, the whole or any part of the vessel;

may light or buoy any such vessel, or part of any such vessel, until the raising, removal or destruction thereof; and

subject to the provisions of subsections (2) and (3), may sell, in such manner as he thinks fit, any vessel or part so raised or removed, and also any other property recovered in the exercise of his powers under this section, and out of the proceeds of the sale reimburse himself for the expenses incurred by him under this section in relation to such vessel, or part of a vessel, or other property, and shall hold the surplus, if any, of the said proceeds in deposit for payment to the person thereafter establishing his right thereto:

Provided that the deposit shall be paid into general revenue unless such person makes his claim within three years of the sale.

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 section until at least seven clear days’ notice of the intended sale has been given in the Gazette.

132

At any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the Receiver of Wreck of fair market value thereof, to be ascertained by agreement between the Receiver of Wreck and the owner, or failing such agreement by some person to be named for the purpose by the

Governor, and the sum paid to the Receiver of Wreck as the value of any property under this subsection, shall, for the purposes of this section, be deemed to be the proceeds of sale of that property.

If the proceeds of sale of any such property as is mentioned in this section is less than the costs incurred by the Receiver of Wreck under this section, he may recover such difference from the owner of the vessel by civil action.

Breaking and removal of wrecks.