56Lighting and marking obstructions

56 Lighting and marking obstructions (1) An inspector may direct the owner of an obstruction to navigation to— (a) mark or light the obstruction; and (b) maintain the marking or lighting in good condition; and

Lighting, marking and removing obstructions Division 5.5 (c) notify the inspector under subsection (5) of any defect in relation to the marking or lighting. (2) A direction under subsection (1)— (a) must be in writing; and (b) must state a time by which the marking or lighting is to be completed; and (c) may state how the lighting or marking is to be carried out; and (d) may state a period of time for which the marking or lighting must be maintained, including for an indefinite period. Note In particular, a direction given by an inspector under s (1) (c) must be in writing. (5) A person who has been given a direction under subsection (1) (c) must notify an inspector as soon as the person becomes aware of any defect in relation to the marking or lighting of the obstruction. (6) If the owner of an obstruction to navigation fails to comply with a direction under subsection (1) in the time stated in the direction, an inspector may take action to cause the obstruction to be marked or lit. (7) If an inspector takes action under subsection (6) in relation to an obstruction to navigation, the Territory may recover the reasonable costs and expenses of the action from the owner of, or the person responsible for, the obstruction. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).