79Maintenance of structures

### 79 Maintenance of structures > > (1)  A lessee must – > > > > > > (a) [*\[Section 79 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja7@GC6@Hpa@EN) maintain any raft or structure used in a lease area in a safe and seaworthy condition to the satisfaction of the Marine and Safety Authority; and > > > > > > > (b) [*\[Section 79 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja7@GC6@Hpb@EN) mark the raft or structure in a manner approved by the Marine and Safety Authority. > > > (2)  [*\[Section 79 Subsection (2) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja7@GC7@EN) [*\[Section 79 Subsection (2) substituted by No. 31 of 2013, s. 23, Applied:02 Sep 2013\]*](/view/html/inforce/2013-09-02/act-2013-031#GS23@EN) The Marine and Safety Authority may notify the Secretary if satisfied – > > > > > > (a) in its capacity as a delegate of the National Regulator, that the lessee has failed to comply with [subsection (1)(a)](#GS79@Gs1@Hpa@EN) ; or > > > > > > > (b) that the lessee has failed to comply with [subsection (1)(b)](#GS79@Gs1@Hpb@EN) ; or > > > > > > > (c) that the lessee has failed to comply with any request to correct any deficiencies identified by the Marine and Safety Authority in its capacity as delegate of the National Regulator or in any other capacity. > > > (3)  On receipt of a notification under [subsection (2)](#GS79@Gs2@EN) , the Secretary may cause the raft or structure to be removed to any place the Secretary determines. > > > (4)  Any reasonable costs incurred by the Secretary in causing a raft or structure to be removed are recoverable from the lessee in any court of competent jurisdiction as a debt due to the Crown.