New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13JF

13JF Investigation of future installations for use by trading vessels etc

(1) The Board may carry out investigations into:

(a) the provision of installations for use by or in connection with trading vessels, or

(b) proposals relating to any such installations.

(2) The Board may, with the approval of the Minister and by order published in accordance with subsection (5), prohibit:

(a) the construction of any embankment, retaining wall or reclamation or of a structure of any kind, or

(b) the carrying out of any dredging operations,

in any area of water specified in the order in, on or in the vicinity of which the provision of an installation for use by or in connection with trading vessels is under consideration by the Board, otherwise than with the written permission of the Board and in accordance with any condition subject to which that permission is given.

(3) The Board shall not refuse to give its permission under subsection (2) nor make that permission subject to any condition unless, in the opinion of the Board, it is necessary to do so to prevent the carrying out of any work that would adversely affect the provision in, on or in the vicinity of the area of water concerned of the installation under investigation or adversely affect its subsequent operation.

(4) An order made under subsection (2) continues in force until:

(a) it is revoked by a further order made by the Board, with the approval of the Minister, and published in accordance with subsection (5),

(b) the expiration of 3 years after it was published in the Gazette or on an earlier date specified in the order, or

(c) the vesting in the Board pursuant to section 13JB of any of the land on the bed or shores of the area of water specified in the order.

(5) An order made under subsection (2) or (4) (a) shall be published in the Gazette and in at least one newspaper circulating in the vicinity of the area of water to which it relates.

(6) A person who carries out any work which is prohibited by an order in force under subsection (2) without having the written permission of the Board to do so or in contravention of any condition subject to which the permission was given is liable on summary conviction to a penalty not exceeding 4 penalty units.

(7) Subsection (2) does not apply so as to enable an order to be made prohibiting the carrying out of any work pursuant to an aquaculture lease under Part 6 of the Fisheries Management Act 1994 , a lease under the Mining Act 1992 or a licence under the Offshore Minerals Act 1999 .