{"id":"lights-navigation-protection-act-1938","name":"Lights (Navigation Protection) Act 1938","slug":"lights-navigation-protection-act-1938","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30762,"registerId":"wa-lights-navigation-protection-act-1938-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lights (Navigation Protection) Act 1938","content":"![Crest]()Western Australia\n\nLights (Navigation Protection) Act 1938\n\nWestern Australia\n\nLights (Navigation Protection) Act 1938\n\nContents\n\n1. Short title 1\n\n2. Terms used 1\n\n3. Powers in relation to lights 2\n\n4. Port manager may cause requisitions of notice to be carried out 3\n\n5. Civil rights 4\n\n6. Saving provision 4\n\n7. Proceedings for offences 5\n\n8. Delegation 5\n\n9. Regulations 6\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nLights (Navigation Protection) Act 1938\n\nAn Act relating to lights likely to be a danger to marine navigation.\n\n##### 1. Short title\n\nThis Act may be cited as the *Lights (Navigation Protection) Act 1938* 1.\n\n##### 2. Terms used\n\nIn this Act, subject to the context —\n\nchief executive officer means the chief executive officer of the department;\n\ndepartment means the department of the Public Service principally assisting the Minister in the administration of this Act;\n\nharbour  includes  a boat harbour declared under the *Shipping and Pilotage Act 1967* section 10(2);\n\n  harbour light includes lighthouses, lightships, beacons, buoys, lights and other signs, both on land and water, used as an aid to the navigation of ships, vessels and boats entering or leaving or within a port or harbour;\n\n  light includes any fire, lamp, light, illuminated sign, street light or other mechanical, manufactured or constructed illumination and also the glow from any such light;\n\n  owner includes the owner, lessee, tenant, purchaser, hirer or other person in possession or entitled to the possession of a light and in the case of a street light means the local government of the district in which such street light is erected or installed;\n\nport includes —\n\n(a) a port declared under the *Shipping and Pilotage Act 1967* section 10(1); and\n\n(b) a port as defined in the *Port Authorities Act 1999* section 3(1);\n\nport manager means —\n\n(a) in the case of a port under the control of a port authority established under the *Port Authorities Act 1999* — that port authority; or\n\n(b) in the case of any other port or a harbour — the chief executive officer.\n\n[Section 2 amended: No. 47 of 1993 s. 15; No. 14 of 1996 s. 4; No. 2 of 2019 s. 17.]\n\n##### 3. Powers in relation to lights\n\n(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 manager, 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 manager, the port manager 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 —\n\n(a) to extinguish the light; or\n\n(b) to remove the light entirely or to some other position; or\n\n(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 manager may direct; or\n\n(d) to refrain from using, keeping, burning or exhibiting the light either entirely or for such period or during such hours as the port manager may direct; or\n\n(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 manager may direct and in accordance with the directions of the port manager.\n\n(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.\n\n(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.\n\n(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.\n\nPenalty for this subsection: a fine of $12 000.\n\nDaily penalty for this subsection: a fine of $600.\n\n[Section 3 amended: No. 113 of 1965 s. 8(1); No. 2 of 2019 s. 18 and 22.]\n\n##### 4. Port manager may cause requisitions of notice to be carried out\n\n(1) If any owner, occupier or other person served with a notice under section 3 fails in any respect to comply with the directions of such notice within the time specified in the notice for such compliance the port manager, or any person authorised in writing by the port manager, may enter upon the place or premises whereon the light to which the notice relates is used, kept, burnt or exhibited and forthwith take effectual means (but doing no unnecessary damage) to carry out and otherwise give effect to the directions contained in the notice which have not be complied with as aforesaid.\n\n(2) Any expense incurred by the port manager or the person authorised by the port manager under subsection (1) shall be a debt owing to the port manager by the person upon whom the notice was served as aforesaid and shall be recoverable at the suit of the port manager in any court of competent jurisdiction.\n\n(3) If the owner, occupier or other person upon whom a notice under section 3 has been served as aforesaid or any other person obstructs or hinders, prevents or interferes with or attempts to obstruct, hinder, prevent or interfere with the port manager, or the person authorised by the port manager, in the exercise of the power conferred by subsection (1), he shall be guilty of an offence against this Act.\n\nPenalty for this subsection: a fine of $5 000.\n\n[Section 4 amended: No. 113 of 1965 s. 8(1); No. 2 of 2019 s. 19 and 22.]\n\n##### 5. Civil rights\n\nWhere any owner, occupier or other person upon whom a notice under section 3 has been served as aforesaid has failed, within the time prescribed by such notice, to comply with the directions of such notice and by reason of such non‑compliance and by reason of the light to which the said notice relates being mistaken for, or obscuring, or conflicting with or adversely interfering with the effectiveness of a harbour light, any vessel, ship or boat is damaged the said non‑compliance with the said notice shall, for the purpose of enabling the owner of such vessel, ship or boat to recover compensation or damages in respect of the damage suffered by such vessel, ship or boat be deemed to be a tort in the nature of a nuisance committed by such owner, occupier or person aforesaid upon which an action for damages may be instituted.\n\n##### 6. Saving provision\n\nThe omission on the part of a port manager to give any notice under section 3, or the failure on the part of a port manager to exercise the power conferred by section 4 shall not make the port manager in any respect responsible or liable for any damage suffered by a vessel, ship or boat as the result of any light being mistaken for or obscuring or conflicting with or adversely interfering with the effectiveness of a harbour light.\n\n[Section 6 amended: No. 2 of 2019 s. 22.]\n\n##### 7. Proceedings for offences\n\nA prosecution for an offence under this Act may be commenced by —\n\n(a) in the case of a port under the control and management of a port authority established under the *Port Authorities Act 1999* — by a person authorised to do so by the port authority; or\n\n(b) in the case of any other port or a harbour — the chief executive officer.\n\n[Section 7 inserted: No. 47 of 1993 s. 16; amended: No. 59 of 2004 s. 141; No. 2 of 2019 s. 20.]\n\n##### 8. Delegation\n\n(1) The chief executive officer may delegate to a person any power or duty the chief executive officer has under another provision of this Act.\n\n(2) The delegation must be in writing signed by the chief executive officer.\n\n(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.\n\n(4) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n(5) Nothing in this section limits the ability of the chief executive officer to perform a function through an officer of the department or an agent.\n\n[Section 8 inserted: No. 2 of 2019 s. 21.]\n\n##### 9. Regulations\n\n(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n(2) Without limiting subsection (1), the regulations may provide that contravention of a regulation is an offence and, for an offence against the regulations, provide for a penalty not exceeding a fine of $12 000.\n\n[Section 9 inserted: No. 2 of 2019 s. 21.]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Lights (Navigation Protection) Act 1938* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Lights (Navigation Protection) Act 1938* | 16 of 1938 | 1 Dec 1938 | 1 Dec 1938 |\n| *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4-9: 21 Dec 1965 (see s. 2(1));   s. 4-9: 14 Feb 1966 (see s. 2(2)) |\n| *Acts Amendment (**Department of Transport) Act 1993* Pt. 8 | 47 of 1993 | 20 Dec 1993 | 1 Jan 1994 (see s. 2 and *Gazette* 31 Dec 1993 p. 6861) |\n| *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) |\n| **Reprint 1: The *Lights (Navigation Protection) Act 1938* as at 7 May 2004** (includes amendments listed above) | | | |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| *Ports Legislation Amendment Act 2019* Pt. 3 | 2 of 2019 | 26 Feb 2019 | 27 Feb 2019 (see s. 2(b)) |\n| **Reprint 2: The *Lights (Navigation Protection) Act 1938* as at 23 Aug 2019** (includes amendments listed above) | | | |\n\n\n2 Marginal notes in the *Lights (Navigation Protection) Act 1938* referring to legislation of other jurisdictions have been omitted from this compilation.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nchief executive officer 2\n\ndepartment 2\n\nharbour 2\n\nharbour light 2\n\nlight 2\n\nowner 2\n\nport 2\n\nport manager 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's scope has been extended by later amendments: delegation powers were added (s 8) and regulation‑making (including new offences and penalties) was authorised (s 9); definitions and penalty provisions have also been updated in amendment notes to ss 2, 3, 4 and 6 (see amendment notes in the text)."},"complexity_factors":["Narrow subject‑matter with focused powers and remedies (ss 3–5)","Broad administrative discretion for port manager to decide when a light 'is likely' to interfere (s 3)","Clear compliance procedures and multiple service methods for notices (s 3(2))","Enforcement tools: criminal penalties (including daily fines) and power to enter and carry out works with cost recovery (s 3(4), s 4(1)–(2))","Civil remedy for third‑party damage framed as a nuisance tort (s 5)","Saving provision shielding port manager from liability for omissions (s 6) which interacts with enforcement incentives","Delegation of functions to the chief executive officer and written delegation formalities (s 8)","Regulation‑making power that can create further offences and penalties (s 9)","Multiple defined terms and overlapping institutional actors (chief executive officer, department, port, port manager) that affect who acts and who pays (s 2)"],"plain_english_summary":"The Act lets a port manager require an owner, occupier or person in charge to extinguish, move, modify or stop displaying any light likely to be mistaken for or to interfere with a harbour light (s 3). Failure attracts fines (including daily penalties), allows the port manager to enter premises and carry out remedial works and recover the costs as a debt (s 3(4), s 4(1)–(2)). It creates a civil cause of action for damage caused by non‑compliance and shields the port manager from liability for omission; delegation and regulations are authorised (s 5–6, s 8–9)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of protecting marine navigation from confusing lights. While amendments have updated institutional references (replacing specific departments with generic 'chief executive officer,' adding port authorities, modernising penalties, and adding standard administrative provisions like delegation), the core scope—controlling lights that interfere with harbour navigation—has not expanded beyond the original 1938 intent."},"complexity_factors":["Short statute with only 9 sections and straightforward structure","8 defined terms in a single interpretation section (Section 2), all clearly defined","Minimal cross-referencing—primarily references to the Shipping and Pilotage Act 1967 and Port Authorities Act 1999 for definitions","Simple conditional logic: if light interferes → notice issued → if not complied with → enforcement action","No nested exceptions or complex provisos; only one defence ('reasonable cause' in Section 3(4))","Modern amendments (2019) added standard delegation and regulation provisions without complicating the core scheme","Penalty structure is straightforward with specific dollar amounts (though amended over time)"],"plain_english_summary":"**What this law does:**\nThis Western Australian law gives port managers the power to control lights that could confuse or interfere with maritime navigation. If someone has a light (anything from a street lamp to a bonfire) that might be mistaken for an official harbour light, or that blocks or clashes with one, the port manager can order them to fix the problem.\n\n**Who it affects:**\n- **Port managers** (port authorities or government officials) who control harbours and ports\n- **Owners or occupiers** of properties with lights near waterways\n- **Local governments** (regarding street lights)\n- **Ship and boat operators** who rely on clear navigation signals\n\n**How it works:**\n- The port manager can issue a written notice requiring the owner to:\n  - Turn off the light\n  - Move it elsewhere\n  - Change its colour or character, or screen it\n  - Stop using it during certain hours\n- If the owner doesn't comply, the port manager can enter the property and fix the issue themselves (and bill the owner for costs)\n- Non-compliance carries fines up to $12,000, plus $600 per day for ongoing offences\n- Obstructing the port manager carries a $5,000 fine\n\n**Why it matters:**\nMaritime navigation relies on clear, unambiguous light signals. A confusing light could cause ship collisions, groundings, or other accidents. This law ensures port managers can quickly eliminate hazards to protect vessels, crews, and cargo. It also creates legal consequences if non-compliance leads to damage—allowing ship owners to sue for compensation.\n\n**Key protections:**\n- The law explicitly states that if a port manager *doesn't* act, they aren't liable for resulting damage (Section 6)\n- Owners can defend themselves by proving they had \"reasonable cause\" for not complying"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The page has been removed from the WA legislation website pending system upgrades. No analysis of whether the Act's scope evolved from its original 1938 intent is possible from the available content."},"complexity_factors":["No legislative text was available for analysis — the source URL returned only a system error/redirect notice","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Lights (Navigation Protection) Act 1938** (Western Australia) could not be retrieved. The page hosting this legislation has been taken down due to system and security upgrades on the Western Australian legislation website.\n\n**What we do know from the title:**\nThis is a Western Australian Act from 1938 that appears to deal with the **protection of navigation lights** — likely rules about maintaining, interfering with, or obstructing lights used to guide ships and vessels safely along waterways and coastlines. Such laws typically affect:\n- Vessel operators and mariners\n- Property owners near navigable waterways\n- Port and harbour authorities\n\n**To access the actual law**, try:\n- Re-navigating via the [WA Legislation website](https://www.legislation.wa.gov.au) menu\n- Contacting Parliamentary Counsel's Office directly\n- Searching via the [Australasian Legal Information Institute (AustLII)](https://www.austlii.edu.au)"}},"importantCases":[],"_links":{"self":"/api/acts/lights-navigation-protection-act-1938","history":"/api/acts/lights-navigation-protection-act-1938/history","analysis":"/api/acts/lights-navigation-protection-act-1938/analysis","conflicts":"/api/acts/lights-navigation-protection-act-1938/conflicts","importantCases":"/api/acts/lights-navigation-protection-act-1938/important-cases","documents":"/api/acts/lights-navigation-protection-act-1938/documents"}}