Hi everyone
We all know the cliche that claims it is unlawful against maritime law for a person to untie another person's mooring lines and cast the vessel adrift.
Is there anyone out there who can verify or clarify this please?
Thanks
Not as simple as that.
Actually was at least in Qld, in the old Criminal Code at s 465 and 466
Life imprisonment with hard labour was the max sentence btw.
Also casting away a vessel historically was not undoing the lines but through say lighting a false lighthouse to cast a vessel ashore was the crime
Select to expand quotelydia said..
Not as simple as that.
Actually was at least in Qld, in the old Criminal Code at s 465 and 466
Life imprisonment with hard labour was the max sentence btw.
Also casting away a vessel historically was not undoing the lines but through say lighting a false lighthouse to cast a vessel ashore was the crime
Thanks for that Lydia.
Perhaps a little context may help.
You may or may not have heard about Compass Marina at Scarborough ceasing operations on 16 March. Long, sorry tale of claims and counter-claims being made by operator and state government.
Should it really close down, the operator has stated the assets (pontoons, gangways, piles etc) will be removed. He also stated their removal may begin imminently.
We have been served our eviction notices.
Some folks are clinging to 'maritime law', indicating they will not be moving their boats out of the berth. Will they be protected? Or are they barking up the wrong tree??
Some folks are clinging to 'maritime law', indicating they will not be moving their boats out of the berth. Will they be protected? Or are they barking up the wrong tree??
Sounds like somebody has been listening to those deranged American "sovereign citizens". Some crap about them having flags in the court room and therefore it's a naval court and...honestly at about that point I can't follow their reasoning any more.
I mean, it was their property, no doubt they're having to sell off assets such as pontoons that you're tied to, so if they're serving you evection notices, then that's it Charlie Brown.
If you don't move along, then presumably the sheriff's department would get involved?
But yeh, interesting that this does actually have a maritime element to it, so it'd be interesting to hear from a lawyer to hear if it's different.
At a guess the operator leases the facility from the state ??? Or is it more like our mooring licence and the operator owns the infrastructure / apparatus ?and leases the land/bottom, If it's the latter and the operator has had a falling out with the state, then the operator maybe obliged to remove the infrastructure. Either way , I would be very surprised if an old martime law could be invoked to continue berthing.
I've been following this on Sailing Aust. Facebook page. I'm sorry for the predicament some of you are facing.
The post on here "The end of the road for mooring minders" might give some idea to your question. I'm sure all these boat would've been legally removed.
To put your question another way - at what point would be be considered trespassing?
If you have been served with eviction notices it sounds like it is a contractual issue. Does the eviction notice comply with your contract? (which I assume is a sublease from the head lease between Compass Marina and the Qld government). If the answer is yes then Compass Marina would likely have the right to ask you to leave. If you refuse then they could take action to remove your vessel. There may be Qld legislation that effects your situation ie some type of tenancy law. However I doubt if "maritime law" (which I assume you mean English law precedents) would apply.
Ilenart
