Part 4General powers to protect navigation and to restrict use of waters

Part 4—General powers to protect navigation and to restrict use of waters Division 1—Navigational aids 22—Control of navigational aids (1) The Minister is entitled to possession and control of all navigational aids within the jurisdiction except those belonging to the Commonwealth. (2) The Minister may, on terms and conditions consistent with any relevant port operating agreement, delegate to a port operator control over a navigational aid situated in, or on the approach to, the port. (3) If a navigational aid existing at the commencement of this subsection is situated on land that was not then owned by the Minister, or is later disposed of, an easement over the land is created entitling the Minister— (a) to maintain a navigational aid on the land; and (b) to have such access to the land as may be necessary for operating, maintaining, repairing, replacing or removing the navigational aid. (4) If the Minister reasonably requires access to land for the purpose of operating, maintaining, repairing, replacing or removing a navigational aid on adjacent land or waters, an easement is created conferring on the Minister the rights of access reasonably necessary for those purposes. 23—Establishment of navigational aids (1) The Minister may establish and maintain such navigational aids as the Minister considers necessary or desirable for the safe navigation of vessels within the jurisdiction. (2) The Minister may direct any person who carries on a business involving the mooring, loading or unloading of vessels to establish, maintain and operate navigational aids of a specified kind at specified places. (3) A person who fails, without reasonable excuse, to comply with a direction under subsection (2) is guilty of an offence. 24—Interference with navigational aids (1) A person must not, without the Minister's permission, interfere with a navigational aid. (2) For the purposes of subsection (1), the mooring of a vessel to a navigational aid constitutes interference with the navigational aid. (3) If the Minister is of the opinion that a particular light or signal might be confused with the light or signal produced by a navigational aid, the Minister may, by notice in writing to the person in charge of the device that produces the light or signal, require the person to take action specified in the notice to prevent the possibility of confusion. (4) If a person fails to comply with a requirement under subsection (3) within the time allowed in the notice, the Minister may take the action specified in the notice and recover the cost of doing so from the person. (5) A person who fails, without reasonable excuse, to comply with a notice under subsection (3) is guilty of an offence. Division 2—Clearance of wrecks 25—Clearance of wrecks etc (1) The Minister may, by notice in writing, require the owner of any wreck within the jurisdiction to remove the wreck. (1a) A port operator may, by notice in writing, require the owner of any wreck within the port to remove the wreck. (2) If a person deposits any substance or thing within the jurisdiction so as to obstruct navigation, or to pollute waters, the Minister may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution. (2a) If a person deposits any substance or thing within a port so as to obstruct navigation, or to pollute waters, the port operator may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution. (3) If a person fails to comply with a requirement under this section within the time allowed in the notice, the Minister or the port operator (as the case requires) may remove the wreck or take the action specified in the notice and recover the costs of doing so, as a debt, from the person in default. (4) A person who fails without reasonable excuse to comply with a notice under this section is guilty of an offence. (5) A court by which a person is convicted of an offence against subsection (4) may, on application by the Minister or the port operator (as the case requires), order the convicted person to reimburse costs reasonably incurred by the applicant in acting under subsection (3) (to the extent those costs have not been already recovered). Division 3—Restrictions on use of waters 26—Licences for aquatic activities (1) The CE may grant a licence entitling an organisation or person to use, in accordance with the terms and conditions of the licence, any waters within the jurisdiction for the purposes of an aquatic sport or activity or for any other purposes stated in the licence. (2) If the licence is to be granted in relation to waters within a port, the CE may only grant the licence with the consent of the port operator (but the operator's consent must not be unreasonably withheld). (2a) If the licence is to be granted in relation to waters that form part of the River Murray, the CE must— (a) consult with the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the issuing of the licence (including a direction that the licence not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister). (2b) If the licence is to be granted in relation to waters that form part of— (a) the Adelaide Dolphin Sanctuary—the CE must consult with and have regard to the views of the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) a marine park—the CE must consult with and have regard to the views of the Minister to whom the administration of the Marine Parks Act 2007 is committed. (2c) The regulations may exclude specified categories of licence from the operation of subsection (2a) or (2b). (3) The licensee may be required by the terms and conditions of the licence to take specified action for the purposes of informing the public of the area of waters to which the licence relates and of the times the licensee is entitled to use of those waters in accordance with the licence. (4) A person who, without the consent of the licensee, intrudes into waters when the licensee has, under the licence, an exclusive right to use those waters is guilty of an offence. Maximum penalty: $750.1 (5) The CE may revoke a licence granted under this section for a breach of a term or condition of the licence. (6) In this section— River Murray has the same meaning as in the River Murray Act 2003. Note— 1 By virtue of Act No. 17 of 2001 s 4 (see Gazette 25.10.2001 p4686) the maximum penalty for this offence was fixed at $750 (no expiation fee) for 30 October 2001 only. Section 26 was substituted on 31 October 2001 by Act No. 81 of 2000 s 11 (see Gazette 25.10.2001 p4687). 27—Restricted areas (1) The Governor may, by regulation, regulate, restrict or prohibit— (a) the entry of vessels or vessels of a specified class into specified waters within the jurisdiction; or (b) the operation or use of vessels in specified waters within the jurisdiction; or (c) aquatic activity or aquatic activity of a specified class in specified waters within the jurisdiction. (1a) A regulation may only be made under subsection (1) in relation to waters within a port with the consent of the port operator (but consent must not be unreasonably withheld). (2) The Minister must take reasonable steps to inform the public of the nature of requirements of any regulation under this section and of the waters to which it applies by marking out the waters and erecting notices in the vicinity or by other appropriate means. (3) If a regulation is made under this section at the request of a port operator (other than the Minister) or a council, the Minister may recover costs incurred under subsection (2) from the port operator or council as a debt.