15APower to give directions relating to safety on navigable waters

#### 15A Power to give directions relating to safety on navigable waters 15A Power to give directions relating to safety on navigable waters > > (1) An authorised officer may give a direction to a person in, on or near navigable waters if the officer believes on reasonable grounds that— > > > > > (a) the giving of the direction is necessary to— > > > > > > > (i) prevent the operation or other use of a vessel in contravention of section 14, or > > > > > > > (ii) ensure the safety of any person, or to prevent damage to property, in, on or near navigable waters, and > > > > > (b) the direction is reasonable in the circumstances for achieving that objective. > > > (1A) Any such direction under subsection (1) may, without limitation, include the following— > > > > > (a) a direction to the person responsible for a vessel to cease operating a vessel, > > > > > (b) a direction to the person responsible for a vessel to remove the vessel from the water, > > > > > (c) a direction to the person responsible for a vessel to moor the vessel in a certain location. > > > (2) A person must not fail to comply with a direction given under this section to the person, whether or not the person may contravene another provision of the marine legislation by obeying the direction. > > > > Maximum penalty—30 penalty units. > > > (3) A person is not guilty of an offence against subsection (2) unless the authorised officer— > > > > > (a) warned the person at the time of giving the direction that failure to comply with the direction may constitute an offence, and > > > > > (b) identified himself or herself as an authorised officer. > > > (4) It is a defence to the prosecution of a person for an offence against a provision of the marine legislation if, at the time of the offence, the person was obeying a direction given under this section. > > > (5) Despite any other provision of this section, a direction given under this section has no effect to the extent to which it is inconsistent with a direction given by a harbour master under Part 7. > > > (6) In this section— > > > > > (a) a reference to a person in, on or near navigable waters includes a reference to a person on a vessel, water skis or other apparatus, in, on or near navigable waters, and > > > > > (b) a reference to property in, on or near navigable waters includes a reference to property on a vessel. > > **s 15A:** Ins 2008 No 59, Sch 1 \[9\]. Am 2016 No 28, Sch 1 \[14\] \[15\]; 2025 No 12, Sch 1\[9\].