HARBORS AND NAVIGATION ACT 1993 - SECT 22

HARBORS AND NAVIGATION ACT 1993 - SECT 22

22—Control of navigational aids

        (1)         The Minister is entitled to possession and control of all navigational aids within the jurisdiction except those belonging to the Commonwealth.

        (2)         The Minister may, on terms and conditions consistent with any relevant port operating agreement, delegate to a port operator control over a navigational aid situated in, or on the approach to, the port.

        (3)         If a navigational aid existing at the commencement of this subsection is situated on land that was not then owned by the Minister, or is later disposed of, an easement over the land is created entitling the Minister—

            (a)         to maintain a navigational aid on the land; and

            (b)         to have such access to the land as may be necessary for operating, maintaining, repairing, replacing or removing the navigational aid.

        (4)         If the Minister reasonably requires access to land for the purpose of operating, maintaining, repairing, replacing or removing a navigational aid on adjacent land or waters, an easement is created conferring on the Minister the rights of access reasonably necessary for those purposes.