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HARBORS AND NAVIGATION ACT 1993


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Objects of this Act
   4.      Interpretation
   5.      Crown bound
   6.      Application of Act
   6A.     Application of Act to certain vessels

   PART 2--Administration

           Division 1--Minister

   8.      Minister to be corporation sole

           Division 2--Chief Executive

   9.      Responsibility of CE
   10.     Annual report

           Division 3--Delegation

   11.     Delegation

           Division 4--Authorised persons

   12.     Appointment of authorised persons
   13.     Production of identity card
   14.     Powers of authorised person

           Division 5--Miscellaneous

   14A.    Matters to be taken into account in relation to specially protected areas

   PART 3--Property

           Division 1--Vesting of property

   15.     Property of Crown

           Division 2--Acquisition of land

   16.     Acquisition of land

           Division 3--Resumption of land

   17.     Resumption

           Division 4--Care, control and management of property

   18.     Care, control and management of property
   18A.    By-laws

           Division 5--Dealings with property

   19.     Power to grant leases and licences over land

           Division 6--Rateability of land

   20.     Rateability of land

           Division 7--Damage to property

   21.     Liability for damage

   PART 4--General powers to protect navigation and to restrict use of waters

           Division 1--Navigational aids

   22.     Control of navigational aids
   23.     Establishment of navigational aids
   24.     Interference with navigational aids

           Division 2--Clearance of wrecks

   25.     Clearance of wrecks etc

           Division 3--Restrictions on use of waters

   26.     Licences for aquatic activities
   27.     Restricted areas

   PART 5--Harbors and ports

           Division 1--Control and management of harbors and ports

   28.     Control and management of harbors
   28A.    Power to assign control and management of ports
   28B.    Port operating agreements
   28C.    General responsibility of port operator
   28D.    Variation of port operating agreement
   28E.    Agreements to be tabled in Parliament
   28F.    Power to deal with non-compliance
   28G.    Power to appoint manager
   28H.    Powers of the manager

           Division 2--Port management officers

   29.     Port management officers

           Division 2A--Operational powers

   29A.    Interpretation
   29B.    Power of direction
   29C.    Power to board vessel

           Division 3--Harbor improvement work

   30.     Dredging or other similar work
   30A.    Development of harbors and maritime facilities
   30B.    Application of Development Act 1993

           Division 4--Harbor charges etc

   31.     Power to fix charges
   31A.    Power to waive or reduce charges
   31B.    Charges in respect of goods
   31C.    Charges in respect of vessels
   31D.    Power to prevent use of harbor or port facilities

   PART 5A--Pilotage

   33.     Licensing of pilots
   34.     Pilotage exemption certificate
   35.     Compulsory pilotage
   36.     Duties and immunities of pilots

   PART 7--Boat operator's licence etc

   46.     Vessels to which this Part applies
   47.     Requirement for boat operator's licence, exemption or permit
   47A.    Requirements for operators of hire and drive vessels
   48.     Issue of boat operator's licence or exemption
   49.     Cancellation of boat operator's licence by court
   50.     Cancellation of boat operator's licence by CE

   PART 8--Hire of vessels

   51.     Vessels to which this Part applies
   52.     Obligation to hold licence
   52A.    Duration and granting of licence
   53.     Terms and conditions of licence

   PART 9--Registration and Australian Builders Plates

           Division 1--Registration of vessels

   54.     Application of Division
   55.     Registration

           Division 4--Australian Builders Plates

   64A.    Application of Division
   64B.    Certain vessels not to be sold without Australian Builders Plate affixed etc
   64C.    General defence

   PART 10--Safety

           Division 1--Safety generally

   65.     General requirements
   65A.    Requirement to have emergency position indicating radio beacon
   66.     Power to prohibit use etc of unsafe vessel
   67.     Minister's power to act in an emergency

           Division 2--CE may require survey

   68.     CE may require survey

           Division 3--Operation of vessels

   69.     Careless operation of a vessel
   69A.    Dangerous operation of a vessel

           Division 4--Alcohol and other drugs

   70.     Alcohol and other drugs
   71.     Authorised person may require alcotest or breath analysis
   72.     Authorised person may require drug screening test, oral fluid analysis and blood test
   72A.    Schedule 1A further regulates blood and oral fluid sample processes
   72C.    Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
   73.     Evidence
   73A.    Breath analysis where drinking occurs after operation of vessel
   73B.    Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel
   74.     Compulsory blood tests of injured persons including water skiers

   PART 11--Accidents

   75.     Casualties to be reported
   76.     Duty to give assistance and provide particulars

   PART 12--Court of Marine Enquiry

           Division 1--Constitution of Court

   77.     Constitution of Court

           Division 2--Enquiries into casualties

   78.     Enquiries into casualties

           Division 3--Enquiries into misconduct or incompetence

   79.     Enquiries into misconduct or incompetence

           Division 4--Administrative review

   80.     Review of administrative decisions

   PART 13--Application of Navigation Act 2012 and International Conventions

   81.     Application of Navigation Act 2012
   82.     Agreement between the Commonwealth and the State

   PART 14--Miscellaneous

   83.     Exemptions
   84.     Conduct on board vessels
   85.     Unlawful use of vessels
   87.     Evidentiary provision
   89.     Officers' liability
   90.     Fees and charges to be paid into separate fund
   90AA.   Facilities levy
   90A.    Facilities Fund
   91.     Regulations
           SCHEDULE 1--Harbors
           SCHEDULE 1A--Blood and oral fluid sample processes
           SCHEDULE 2--Transitional provisions
           Legislative history


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