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CUSTOMS ACT 1901 - SECT 5B Installation of overseas sea installations

CUSTOMS ACT 1901 - SECT 5B

Installation of overseas sea installations

  (1)   A person shall not cause an overseas sea installation to be installed in an adjacent area or a coastal area.

Penalty:   500 penalty units.

  (1A)   Subsection   (1) does not apply if the person has the permission of the Comptroller - General of Customs given under subsection   (2).

  (2)   The Comptroller - General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so installed.

  (3)   A person who has been given permission under subsection   (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection   (4)) to which that permission is subject.

Penalty:   100 penalty units.

  (4)   Where the Comptroller - General of Customs has, under subsection   (2), given a person permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, the Comptroller - General of Customs may, at any time before that installation is so installed, by notice in writing served on the person:

  (a)   revoke the permission;

  (b)   revoke or vary a condition to which the permission is subject; or

  (c)   impose new conditions to which the permission is to be subject.

  (5)   Without limiting the generality of subsection   (2), conditions to which a permission given under that subsection in relation to a sea installation may be subject include:

  (a)   conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and

  (b)   conditions requiring the owner of the installation, to bring the installation to a place specified by the Comptroller - General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is installed in an adjacent area or a coastal area.

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