but not including
anything lawfully erected in, over or on navigable waters.
(2) The Minister
may direct the owner of or person responsible for an obstruction to navigation
to remove the obstruction within such time as is specified in the notice. Any
such owner or person who fails, without reasonable excuse, to comply with the
direction is guilty of an offence.
: Maximum penalty--
(a) if the obstruction
is a foreign vessel or regulated Australian vessel that has sunk, is
unseaworthy or is likely to cause danger to the public or shipping or property
damage--100 penalty units, or
(b) in any other case--50 penalty units.
(3)
The Minister may remove, or authorise the removal of, any
obstruction to navigation in such manner as the Minister thinks fit (whether
or not the Minister has issued a direction for its removal under this
section). The obstruction may be removed by its destruction if it is
reasonable to do so in the circumstances.
(4) The Minister may, subject to
and in accordance with the regulations, dispose of anything removed under this
section.
(5) The Minister may recover as a debt in a court of competent
jurisdiction the reasonable costs and expenses incurred by the Minister in the
exercise of his or her powers under this section from the owner of or person
responsible for the obstruction to navigation.
