South Australian Consolidated Acts

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HARBORS AND NAVIGATION ACT 1993 - SECT 21

21—Liability for damage

        (1)         If property of the Crown or the Minister is damaged by a vessel, the owner of the vessel is liable to the Minister for the amount of the damage.

        (2)         If property in private ownership consisting of harbor facilities or a navigational aid is damaged by a vessel, the owner of the vessel is liable to the owner of the property for the amount of the damage.

        (3)         The liability may be enforced by action against the owner or by action against the vessel (or both).

        (4)         This section creates a strict liability that exists irrespective of fault and irrespective of whether the vessel is under compulsory pilotage at the time the damage is caused.



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