HARBORS AND NAVIGATION ACT 1993
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 and fee notices
SCHEDULE 1--Harbors
SCHEDULE 1A--Blood and oral fluid sample processes
SCHEDULE 2--Transitional provisions
Legislative history