PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 105C
Obstructions and encroachments in waters
PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 105C
Obstructions and encroachments in waters
105C Obstructions and encroachments in waters
(1) In this section,
"structure" includes any swimming pool, pontoon, jetty, shed or any other
structure.
(2) For the purposes of this section a reference to the bed of any
waters vested in a relevant authority includes a reference to any land that,
but for the existence of a structure, would be covered by any such waters.
(3) A person must not erect a structure in, on or over the bed of any waters
vested in a relevant authority without first obtaining the permission of the
relevant authority.
Maximum penalty: 100 penalty units.
(4) A person who
erects a structure in, on or over the bed of any waters vested in a relevant
authority must not use the structure after the expiration of the time
specified in a written notice from the relevant authority served on the person
and requiring the person to remove the structure.
Maximum penalty: 100 penalty
units.
(5) A relevant authority may remove or authorise the removal of any
structure, erected without its permission in, on or over the bed of any waters
vested in it or not removed in accordance with any notice given under
subsection (4).
(6) The relevant authority may cause or authorise any
structure or part of a structure removed in accordance with this section 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 from the person who
erected the structure or caused the structure to be erected or has made use of
it after service on the person of a notice referred to in subsection (4).
