102Public mooring and public infrastructure not to be removed, misused or damaged

102 Public mooring and public infrastructure not to be removed, misused or damaged

Public mooring (1) A person commits an offence of strict liability if: (a) the person engages in conduct; and (b) the conduct results in: (i) the removal of a public mooring; or (ii) the misuse of a public mooring; or (iii) damage to a public mooring.

Penalty: 50 penalty units.

Note 1: For the definition of public mooring, see subregulation 3(1).

Note 2: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.

(2) A responsible person for a vessel commits an offence of strict liability if: (a) a person on the vessel engages in conduct; and (b) the conduct results in: (i) the removal of a public mooring; or (ii) the misuse of a public mooring; or (iii) damage to a public mooring.

Penalty: 50 penalty units.

Public infrastructure (3) A person commits an offence of strict liability if: (a) the person engages in conduct; and (b) the conduct results in: (i) the removal of public infrastructure; or (ii) the misuse of public infrastructure; or (iii) damage to public infrastructure.

Penalty: 50 penalty units.

Note 1: For the definition of public infrastructure, see subregulation 3(1).

Note 2: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.

(4) A responsible person for a vessel commits an offence of strict liability if: (a) a person on the vessel engages in conduct; and (b) the conduct results in: (i) the removal of public infrastructure; or (ii) the misuse of public infrastructure; or (iii) damage to public infrastructure.

Penalty: 50 penalty units.

(5) In this regulation:

misuse of a public mooring includes the following:

(a) attaching a vessel to the mooring by attaching the mooring tackle to a part of the vessel other than to its bow;
(b) attaching a vessel to the mooring when another vessel is already attached to the mooring;
(c) attaching a vessel (except a tender) to another vessel when that other vessel is attached to a mooring;
(d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;
(e) if a vessel is attached to the mooring for the maximum period of time specified on a tag or buoy attached to the mooring—reattaching the vessel to the mooring within one hour of the end of the maximum period of time;
(f) claiming to be the owner of the mooring or falsely claiming to have a preferential right to the use of the mooring;
(g) altering or moving the mooring;
(h) shortening a mooring rope attached to the mooring;
(i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);
(j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring—not complying with an instruction on the tag or buoy.