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MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 267 Order to remove obstructions in navigable waters

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 267

Order to remove obstructions in navigable waters

    (1)     In this section and section 268

"obstruction to navigation" means anything in, over or on navigable waters (including a vessel, whether wrecked or not) that—

        (a)     is a danger to the safe navigation of vessels; or

        (b)     is moored, berthed or placed in contravention of this Act or the regulations—

but does not include anything lawfully erected in, over or on navigable waters.

    (2)     The Safety Director may direct the owner of, or a person responsible for, an obstruction to navigation to remove the obstruction.

    (3)     The direction must be given in writing and must specify by when the obstruction must be removed.

    (4)     The person to whom the direction is given must comply with the direction within the time specified in the direction, unless the person has a reasonable excuse for not doing so.

Penalty:     60 penalty units.