Part 12Boat havens

Part 12—Boat havens 153—Interpretation boat haven means an area of water specified in Schedule 9; owner of a mooring means— (a) if a permit to moor a vessel on the mooring is in force—the holder of a permit; or (b) in any other case—the person who laid the mooring down or caused the mooring to be laid down; permit means a permit to moor a vessel in a boat haven issued under this Part. 154—Moorings not to be laid without approval (1) A person must not lay down a mooring, or cause a mooring to be laid down, in a boat haven except in accordance with the approval of the CE. (2) The owner of a mooring in a boat haven must, at the request of the CE, relocate or remove the mooring as required by the CE. (3) If the owner of a mooring in a boat haven fails to comply with a request under subregulation (2), the CE may remove the mooring from the boat haven and recover the costs of doing so, as a debt, from the owner of the mooring. 155—Permit to moor vessel in boat haven (1) The CE, on an application being made in accordance with this regulation— (a) if the applicant is the person who laid down the mooring or caused the mooring to be laid down—must issue a permit to moor a specified vessel on the mooring unless the CE is of the opinion that the vessel is unseaworthy; or (b) in any other case—may issue a permit to moor a specified vessel at a specified mooring site in a boat haven. (2) The CE may refuse to issue a permit under subregulation (1)(b)— (a) if the CE is of the opinion that— (i) there is no suitable mooring site available; or (ii) all mooring sites are required for fishing vessels or for vessels used in connection with fishing vessels; or (iii) the vessel is not seaworthy; or (b) for any other reason the CE thinks fit. (3) A person must not moor a vessel, or cause or permit a vessel to be moored, in a boat haven except in accordance with a permit issued under this regulation. (4) An application for a permit— (i) proof, in a manner and form determined by the CE, that the vessel to which the application relates is seaworthy; and (ii) such other information and records as the CE may reasonably require; and (iii) the application fee (if any) fixed by Schedule 11. (5) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. (6) A permit— (a) must specify the vessel to which it relates and the mooring site to which it relates; and (b) remains in force for the period specified in the permit (and may be renewed in accordance with any procedure determined by the CE); and (c) is not transferable. (7) It is a condition of a permit issued under this regulation that a vessel moored at a mooring pursuant to the permit be maintained in a seaworthy condition. (8) A permit issued under subregulation (1)(b) may be subject to such further conditions as the CE specifies in the permit. (9) The CE may, by written notice, vary or revoke a condition of a permit issued under subregulation (1)(b). (10) The holder of a permit issued under this regulation must not contravene a condition of the permit. Maximum penalty: $1 250. (11) In determining which mooring site in a boat haven to allocate to an applicant for a permit, the CE must give special consideration to the convenience of applicants and permit holders who moor or will moor a fishing vessel, or a vessel used in connection with a fishing vessel, in the boat haven. (12) A person who holds a permit— (a) must produce it at the request of an authorised person; and (b) must notify the CE as soon as practicable of any of the following: (i) a change of name or address of the owner of the vessel to which the permit relates; (ii) the transfer of ownership of the vessel and the name and address of the new owner; (iii) any intention to no longer moor the vessel at the mooring site; (iv) the loss, theft, destruction or defacement of the permit. 156—Cancellation of permits (1) If the holder of a permit has contravened this Part, the CE may, by written notice to the permit holder, cancel the permit. (2) The CE may, on the application of the holder of a permit, cancel the permit. (3) If a permit is cancelled on the application of the holder of the permit, the proportion of the fee for the permit corresponding to the unexpired period of the permit will be refunded to the applicant. (4) If a permit is cancelled, the permit holder must cause the vessel to which the permit relates to be removed from the boat haven. 157—Orders (1) If the CE is of the opinion that a vessel moored in a boat haven is in such a state of disrepair that it is in danger of sinking or causing environmental harm (within the meaning of the Environment Protection Act 1993), the CE may issue an order requiring that the registered owner of the vessel— (a) take action to repair the vessel; or (b) remove the vessel from the waters of the jurisdiction. (2) If a vessel moored in a boat haven— (a) is, in the opinion of the CE, obstructing navigation in the boat haven; or (b) is not the subject of a current permit, the CE may issue an order requiring that the registered owner of the vessel remove the vessel from the boat haven. (3) An order issued under this regulation— (a) must be in the form of a written notice served on the registered owner of the vessel; and (b) must specify the vessel that is the subject of the order; and (c) must specify a period within which the registered owner of the vessel must comply with the order. (4) A vessel that has been ordered to be removed from the waters of the jurisdiction under subregulation (1) must not be returned to the water until it is in a seaworthy condition. (5) The CE may, by written notice served on the registered owner of a vessel to whom an order has been issued, vary or revoke the order. (6) A registered owner of a vessel to whom an order is issued must not fail to comply with the order. 158—Removal of vessel and disposal of vessel if unclaimed (1) If the registered owner of a vessel fails to comply with an order under regulation 157, the CE may remove the vessel from the waters of the jurisdiction and recover the costs of doing so, as a debt, from the registered owner of the vessel. (2) The CE must notify the registered owner of the vessel of its removal and of the place to which the vessel was removed— (a) by written notice— (i) served on the registered owner personally; or (ii) sent by registered post to the registered owner's last known residential address, immediately after the removal of the vessel; or (b) by public notice published in a newspaper circulating generally in the State within 14 days after the removal of the vessel. (3) If the registered owner of the vessel does not, within 1 month after service or publication of the notice relating to the removal of the vessel— (a) take possession of the vessel; and (b) pay all expenses in connection with the removal, custody and maintenance of the vessel and of serving, posting or publishing the notice, the CE may, subject to subregulation (4), offer the vessel for sale by public auction. (4) If— (a) the vessel is offered for sale by public auction but is not sold at the auction; or (b) the CE reasonably believes that the proceeds of the sale of the vessel would be unlikely to exceed the costs incurred in selling the vessel, the CE may dispose of the vessel in such manner as the CE thinks fit. (5) The CE must apply any proceeds of sale of the vessel as follows: (a) firstly, in payment of the costs of and incidental to the sale; (b) secondly, in payment of the costs of and incidental to the removal, custody and maintenance of the vessel and of the notice served, posted or published under this regulation; (c) thirdly, in payment of the balance to the registered owner of the vessel. (6) If after reasonable inquiry following sale of the vessel the registered owner of the vessel cannot be found, the balance of the proceeds of the sale will be paid to the Treasurer to be credited to the Consolidated Account.