New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 16

16 Removal of obstructions in navigable waters

(1) In this section, "obstruction to navigation" means anything in, over or on navigable waters (including a vessel, whether wrecked or not) that:

(a) is a danger to the safe navigation of vessels, or

(b) is moored, berthed or placed in contravention of the marine legislation,

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: 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.