MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 232 Power of harbour masters to give written and oral directions

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 232

    (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)     Before giving a direction under subsection (1), a harbour master must take into account—

        (a)     the safety risk, or the nature and level of a safety risk, that the direction is intended to minimise or eliminate;

        (b)     whether there are alternative ways (legislative or otherwise) to address the matter to be addressed by the direction;

        (c)     the expected benefits and costs of the direction on those persons likely to be affected by the direction, if given.

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

    (4)     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.

    (5)     A harbour master who has given a direction under subsection (4), 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.

    (6)     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 248.