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