New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13T

13T Obstructions and encroachments in waters

(1) In this section, "structure" includes any post, pile, stake, fence, pipe, chain, cable or wire, that is fixed to the soil or to anything fixed to the soil, any rubble or reclamation, and any other article, material or thing that is so fixed.

(2) For the purposes of this section a reference to the bed of any waters vested in or controlled by the Board includes a reference to any land which, but for the existence of a structure, would be covered by any such waters.

(3) Any person who erects any structure in, upon or over the bed of any waters vested in the Board without first obtaining the permission of the Board, or who makes use of any structure in, upon or over the bed of any such waters after the expiration of the time specified in a notice from the Board served upon the person requiring the person to remove the structure, shall be liable to a penalty not exceeding 4 penalty units.

(4) The Board may remove or authorise the removal of any structure, erected without its permission in, upon or over the bed of any waters vested in it or not removed in accordance with any notice given under subsection (3).

(5) Any person who, without lawful authority, erects any structure in, upon or over the bed of any waters controlled by the Board, not being waters vested in the Board, or who, without lawful authority, makes use of any structure in, upon or over the bed of any such waters after the expiration of the time specified in a notice from the Board served upon the person requiring the person to remove the structure shall be liable to a penalty not exceeding 4 penalty units.

(6) Proof of the existence of lawful authority to erect or make use of a structure in respect of which a person is prosecuted for an offence under subsection (5) shall be upon that person.

(7) Where the existence of a structure in, upon or over any waters controlled by the Board, not being waters vested in the Board, is not authorised by a continuing authority granted in accordance with law or is in breach of any term or condition subject to which any such authority was granted, the Board may remove or authorise the removal of the structure.

(8) If, for a period of three months, a notice is displayed on or adjacent to any structure erected in, upon or over the bed of any waters controlled by the Board, not being waters vested in the Board, requiring any person who has been granted an authority to erect, maintain or use the structure or any part thereof to deliver to the Secretary of the Board a statement in writing signed by that person stating by what authority the person erected or is entitled to maintain or use the structure or part thereof, any person who, within one month after the expiration of that period, fails to deliver such a statement to the Secretary of the Board shall have no claim against the Board or any other person removing the structure in accordance with subsection (7).

(9) The Board may at its option cause or authorise any structure or part thereof removed in pursuance of subsection (4) or (7) to be destroyed or stored or sold, or may sell the structure on condition that it be removed, and may recover in any court of competent jurisdiction the expenses incurred in the removal, destruction, storage or sale of the structure or part thereof from the person who erected the structure or caused the structure to be erected or has made use of it after service upon the person of a notice referred to in subsection (3) or after the expiration of the period of three months for which a notice referred to in subsection (8) and relating to the structure was displayed.