What it does
The Marine Act 1981 (NT) is the primary statute regulating shipping and marine safety within Northern Territory waters. It establishes a framework for the safe operation of vessels, the licensing of commercial marine services, the control of marine navigational aids, and the investigation of marine incidents. The Act binds the Crown in right of the Territory (s 5) but does not apply to vessels belonging to a Defence Force arm (s 6). Part 4 contains the core safety provisions. Division 4 (ss 95-97) deals with unsafe ships and applies only to recreational vessels (s 95). It makes it an offence to send or take an unsafe ship to sea knowing it is unsafe, with a defence of reasonable means or reasonable justification (s 97). Division 5 (ss 98-107) applies to domestic commercial vessels (s 98) and governs hazardous and dangerous goods, including directions by the Director, powers of the owner or master, packing and marking determinations, and forfeiture of dangerous goods upon conviction. Division 6 (ss 109-115B) covers collisions, distress signals, navigation hazards, and duties not to obstruct. Division 6A (ss 115C-115D) allows the Director to deal with vessels wrecked, stranded, or sunk in Northern Territory waters, including directing removal and recovering costs. Division 7 (ss 116-125) applies to every vessel in Northern Territory waters or whose next port is in the Territory. It requires the master of a recreational vessel to report marine incidents within a defined timeframe (s 117) and empowers the Director to appoint preliminary inquiries or formal investigations into incidents. Division 8 (ss 126-128) addresses passenger offences and directions for safety and health. Part 5 (ss 129-142B) creates a licensing regime for declared commercial services, with the Minister able to declare certain operations as requiring a licence. The Director may grant, refuse, cancel, suspend, or vary licences based on fit and proper person criteria and public interest. Part 6 (ss 143-157) controls marine navigational aids not under Commonwealth control, including compulsory acquisition, establishment, private aids, and offences for damage or obstruction. Part 8 contains miscellaneous enforcement powers: detention of vessels for Part 4 non-compliance (ss 186-188), control of structures and closure of waters (ss 188A-188CA), obstruction of officers (s 188D), evidentiary averments (s 189), service of notices (s 190), continuing offences (s 192), and the Administrator’s dispensing power (s 193). Part 9 provides extensive regulation-making powers, including adoption of the Uniform Shipping Laws Code and specific powers for examinations, safety, passengers, collisions, navigational aids, recreational vessels, and air-cushioned vehicles. The Criminal Code applies to offences (s 7A). The Act also contains transitional provisions for appeals following the Ports Management Act 2015 amendments.