MARINE SAFETY REGULATION 2016 - REG 23 Lighting and marking obstructions to navigation

MARINE SAFETY REGULATION 2016 - REG 23

23 Lighting and marking obstructions to navigation

(1) The owner of any obstruction to navigation must ensure that it is marked and lit so that it does not cause a danger to navigation.

(2) Transport for NSW may, in writing, direct the owner of an obstruction to navigation to mark or light the obstruction in the time and manner specified in the direction and to maintain the marking or lighting in good condition.

(3) The owner of an obstruction to navigation to whom a direction is given under subclause (2) must comply with that direction.

(4) The owner of an obstruction to navigation to whom a direction is given under subclause (2) must notify Transport for NSW as soon as the owner becomes aware of any defect in relation to the marking or lighting of the obstruction.

(5) If the owner of any obstruction to navigation fails to comply with a direction under subclause (2), Transport for NSW may take action to cause the obstruction to be marked or lit.

(6) Transport for NSW may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by Transport for NSW in the exercise of its powers under subclause (5) from the owner of the obstruction to navigation.

(7) In this clause--


"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 (whether or not it is lawfully erected in, over or on navigable waters), or

(b) is moored, berthed or placed in contravention of the marine legislation or the National Law.

Maximum penalty (subclauses (1), (3) and (4)): 50 penalty units.