New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 19

19 Lighting and marking obstructions to navigation

(1) In this clause, "obstruction to navigation" has the same meaning as in section 16 of the Act.

(2) The owner of any obstruction to navigation must ensure that it is marked and lit so that it does not cause a danger to navigation.

(3) The Maritime Authority may, in writing, direct the owner of an obstruction to navigation to mark or light the obstruction in the time and manner specified in the direction and to maintain the marking or lighting in good condition.

(4) The owner of an obstruction to navigation to whom a direction is given under subclause (3) must comply with that direction.

(5) The owner of an obstruction to navigation to whom a direction is given under subclause (3) must notify the Maritime Authority as soon as the owner becomes aware of any defect in relation to the marking or lighting of the obstruction.

(6) If the owner of any obstruction to navigation fails to comply with a direction under subclause (3), the Maritime Authority may take action to cause the obstruction to be marked or lit.

(7) The Maritime Authority may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the Maritime Authority in the exercise of its powers under subclause (6) from the owner of the obstruction to navigation.

Maximum penalty: 50 penalty units.