Part 6Activities in relation to wharves other than in harbors

Part 6—Activities in relation to wharves other than in harbors 14—Interpretation wharf means a wharf under the care, control and management of the Minister that is not within a harbor. 15—Obstructions on wharves (1) A person must not, without the approval of the CE, place anything on a wharf in a position that is likely to— (a) obstruct the approaches or any entrance to, or exit from, the wharf; or (b) obstruct the movement of cargo on, onto or from the wharf; or (c) impede the free passage of any vehicle or pedestrian on the wharf. (2) If an item is placed on a wharf in contravention of subregulation (1), an authorised person may— (a) direct— (i) the owner of the item; or (ii) the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded, to remove the item from the wharf or to move it to another position on the wharf within a specified time; or (b) if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf. (3) The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by the CE. 16—Obstruction of landing places (1) A person must not, without the approval of the CE, moor a vessel at or near a landing place for longer than— (a) if the CE has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or (b) if a direction is given by the CE or an authorised person—the period specified in the direction; or (c) in any other case—a total of 4 hours in any day. (a) the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and (b) the vessel was moved as soon as it was reasonably practicable to do so. landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels. 17—Unauthorised activity on wharf A person must not, without the approval of the CE— (a) undertake any work on a wharf that is not related to the loading or unloading of cargo; or (b) sort, pack or repair cargo on a wharf; or (c) place or leave on a wharf anything other than cargo; or (d) carry on retail trade on a wharf; or (e) erect or post any notice or advertisement on a wharf; or (f) damage, remove or interfere with any notice or advertisement on a wharf; or (g) fish (for any aquatic organism by any means) in contravention of a notice erected on a wharf by the CE or in contravention of a direction of an authorised person; or (h) light or maintain a fire on a wharf; or (i) damage or misuse any equipment provided on a wharf for lifesaving or firefighting purposes; or (j) smoke in or on a structure on a wharf; or (k) litter a wharf; or (l) damage a wharf in any manner. 18—Application of Division This Division applies in relation to the following places: (a) all adjacent land vested in the Minister that is not within a harbor; (b) all wharves, docks, jetties or other structures vested in the Minister that are not within a harbor. 19—Traffic signs (1) The CE may erect signs on a place to which this Division applies giving directions for any 1 or more of the following purposes: (a) regulating the route to be followed by vehicles; (b) prohibiting or regulating the entry, exit or turning of vehicles (including vehicles over a certain mass); (c) requiring vehicles to be stopped; (d) requiring certain vehicles to give way to other vehicles; (e) prohibiting or regulating the parking of vehicles; (f) imposing speed limits for vehicles; (g) otherwise regulating vehicular traffic; (h) prohibiting or regulating pedestrian traffic. (2) A direction under this regulation may be of general or limited application according to the class of vehicles, drivers or pedestrians to which it applies, the area in which it applies, the circumstances of its application, or any other specified factor. (3) The CE may issue a permit exempting the holder from directions specified in the permit. (4) A person who contravenes the directions displayed on a sign erected under this regulation is guilty of an offence unless the person holds a valid permit issued by the CE exempting the person from the directions and the person complied with the terms of the permit. 20—Traffic and other directions (1) An authorised person may, orally or by hand signals, give to any person (whether a driver of a vehicle, a rider of an animal or a pedestrian) on or approaching a place to which this Division applies reasonable directions for the orderly functioning of the place and activities conducted at the place. (2) An authorised person who suspects on reasonable grounds that a vehicle that exceeds a mass limit imposed in respect of an area is in, or is about to enter, that area may direct the person in charge of the vehicle— (a) to submit the vehicle immediately for weighing by portable apparatus; or (b) to take the vehicle by the shortest practicable route to a specified weighbridge. 21—Parking signs and markings (1) The CE may delineate, by signs or pavement markings or a combination of signs and markings, an area on a place to which this Division applies as an area in which vehicles or vehicles displaying a permit issued by the CE may be parked. (2) A person must not, without the approval of the CE, park a vehicle on a place to which this Division applies unless— (a) the vehicle is within an area delineated under this regulation as an area in which vehicles may be parked; or (b) the vehicle is being loaded or unloaded. (3) A person must not park a vehicle in an area delineated under this regulation as an area in which vehicles displaying a permit issued by the CE may be parked unless a valid permit is displayed in the vehicle and the vehicle is parked in accordance with the terms of that permit. 22—Removal of vehicles (1) If a vehicle is parked in contravention of this Division and an authorised person believes on reasonable grounds that the vehicle is obstructing the proper use of a place to which this Division applies, or that it constitutes a risk to the safety of persons or property, the authorised person may cause the vehicle to be removed to a convenient place (but this does not empower the authorised person to break into the vehicle). (2) The cost of removing the vehicle may be recovered by the CE as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division. 23—Signs (1) A sign erected on or in the vicinity of a place to which this Division applies that appears to have been erected for the purposes of this Division will, in the absence of proof to the contrary, be taken to have been erected in accordance with this Division. (2) A sign erected by the CE, the Minister or the department on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations will be regarded as having been erected in accordance with this Division. (3) In determining the meaning of a direction displayed on a sign under this Division, regard must be given to the characteristics of the surrounding physical environment, including any pavement markings. (4) In a direction displayed on a sign erected under this Division— maximum axle load, in relation to a vehicle, means the weight of the vehicle (including its load and the weight of the axle and wheels) borne by any axle of the vehicle; maximum wheel load, in relation to a vehicle, means the weight of the vehicle (including its load) borne by any wheel of the vehicle; permit means a permit issued by the CE under this Division. 24—Permits (1) The CE may issue permits for the purposes of this Division subject to such conditions as the CE thinks fit (including a condition fixing a fee to be paid to the CE). (2) The CE may cancel a permit issued under this Division by written notice to the holder of the permit. (3) For the purposes of this Division, a permit is displayed in a vehicle only if the permit is displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle. (4) An authorised person may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection immediately or at a specified place and within a specified period. 25—Evidence In any proceedings for an offence against this Division, an allegation in a complaint— (a) that a sign or marking was erected or made in accordance with this Division; or (b) that a specified person was the driver of a specified vehicle at the time of an alleged offence; or (c) that a specified vehicle was driven or parked in a specified manner or place at a specified time; or (d) that a specified person held or did not hold a permit under this Division; or (e) that a specified permit issued under this Division was subject to specified conditions, will, in the absence of proof to the contrary, be proof of the matters so alleged.