Victorian Consolidated Legislation

Marine Act 1988 - SECT 26E

Power of harbour masters to give written and oral directions

26E. Power of harbour masters to give written and oral directions



(1) A harbour master may from time to time give written directions for or with
respect to vessels entering or within waters for which he or she has been
engaged, including all or any of the following matters-

   (a)  prohibiting entry by any vessel to or requiring the removal of any
        vessel from the waters for which he or she has been engaged, if the
        harbour master has reasonable cause to believe that the vessel-

   (i)  is unseaworthy; or

   (ii) is in imminent danger of sinking and causing an obstruction to
        navigation in those waters; or

   (iii) is in imminent danger of causing serious damage to the marine
        environment or property in those waters;

   (b)  to control and direct the navigation and other movement of vessels in
        those waters;

   (c)  to control and direct the position where and the manner in which any
        vessel may anchor or be secured in those waters;

   (d)  to control and direct the time and manner of the taking in or
        discharging from any vessel of cargo, stores, fuel, fresh water and
        water ballast in those waters;

   (e)  to control and direct the securing or removal of any vessel in those
        waters in, from or to any position the harbour master thinks fit;

   (f)  any other thing for or with respect to the management of the operation
        of vessels in those waters.

(2) Directions given under subsection (1) must be published in a manner that
makes them readily accessible to users of the port.

(3) A harbour master may, if it is reasonable to do so, give an oral direction
about any matter on which a written direction can be given under subsection
(1) for or with respect to a vessel entering or within waters for which he or
she has been engaged.





(4) A harbour master who has given a direction under subsection (3), must, as
soon as possible after giving the direction, make a written copy of the
direction and cause the copy to be kept at the business office of the person
or body who has engaged the harbour master for a period of 6 years from the
date of the direction.

(5) A harbour master may, as a condition of allowing a vessel to be anchored
or secured within any part of the waters for which he or she has been engaged,
being waters in which a licensed pilot is required to be engaged, direct that
a pilot remain on board the vessel while it is so anchored or secured, whether
or not pilotage is compulsory under section 96.