Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where any light is
used, kept, burnt or exhibited between the hours of sunset and sunrise at such
a place (whether within or outside the limits of a port or harbour) or in such
a manner as, in the opinion of the port authority, to be likely to be mistaken
for, or obscure, or conflict with, or adversely interfere with the
effectiveness of a harbour light of the port or harbour controlled and managed
by such port authority, the port authority may, by notice in writing, require
the owner of or the person in charge of such light or the occupier of the
place or premises where such light is used, kept, burnt or exhibited, within a
time to be specified in the notice to take effectual means —
(a) to
extinguish the light; or
(b) to
remove the light entirely or to some other position; or
(c) to
modify the light or to alter its character or colour, or to screen the light
to such an extent and in such manner as the port authority may direct; or
(d) to
refrain from using, keeping, burning or exhibiting the light either entirely
or for such period or during such hours as the port authority may direct;
(e) to
do or refrain from doing such other act, matter or thing in relation to using,
keeping, burning or exhibiting the light as the port authority may direct and
in accordance with the directions of the port authority.
(2) Any notice under
subsection (1) may be served either personally or by delivery at the
place of abode of the person to be served or by affixing it in some
conspicuous place on or near the place or premises upon or in which the light
to which the notice relates is used, kept, burnt or exhibited.
(3) It shall be the
duty of the owner, occupier or other person served with a notice under
subsection (1) to comply with such notice.
(4) Every owner,
occupier or other person on whom a notice is served under this
section who fails, without reasonable cause (proof whereof shall lie upon
him) to comply in all respects with the directions contained in the notice
shall be guilty of an offence against this Act.
Penalty — $200, and in addition a
daily penalty of $10 for every day or part of a day during which the
directions contained in the notice are not complied with after the time
specified in the notice for the compliance therewith.
[Section 3 amended by No. 113 of 1965
s. 8(1).]