16Obstructions to navigation

#### 16 Obstructions to navigation 16 Obstructions to navigation > > (1) In this section, obstruction to navigation— > > > > > (a) means a thing in or over navigable waters, including a vessel, whether abandoned, wrecked or otherwise, that— > > > > > > > (i) is, or is likely to be, a danger to the safe navigation of vessels or otherwise unreasonably obstructs the navigation of vessels, or > > > > > > > > Examples— > > > > > > > > an anchor, a mooring block or debris that originates from a vessel and is left on the seabed > > > > > > > (ii) restricts access to or from port facilities, or > > > > > > > (iii) is moored, berthed or placed in contravention of the marine legislation or the National law, and > > > > > (b) includes a vessel or former vessel that has sunk, and > > > > > (c) does not include a thing lawfully erected in or over navigable waters. > > > > > > Example— > > > > > > a thing used to disturb or interfere with the bed of a port in accordance with an approval granted by the harbour master of the port under Part 2, Division 4 > > > (2) The Minister may, by written notice (an obstruction to navigation notice), direct the owner of or person responsible for an obstruction to navigation to remove the obstruction within such time as is specified in the notice. Any such owner or person who fails, without reasonable excuse, to comply with the direction is guilty of an offence. > > > > Maximum penalty— > > > > > (a) if the obstruction is or was a foreign vessel or regulated Australian vessel that has sunk, is not seaworthy or is likely to cause danger to the public or shipping or property damage—100 penalty units, or > > > > > (b) in any other case—50 penalty units. > > > (2A) For subsection (2), a person responsible for an obstruction to navigation includes— > > > > > (a) if the obstruction is a vessel—the person responsible for the vessel, and > > > > > (b) the person responsible for the vessel from which the Minister reasonably believes the obstruction originated. > > > (3) The Minister may do the following, in a way the Minister considers appropriate, whether or not the Minister has issued an obstruction to navigation notice— > > > > > (a) arrange for an obstruction to navigation to be— > > > > > > > (i) removed, or > > > > > > > (ii) destroyed, if the destruction of the obstruction is reasonable in the circumstances, > > > > > (b) take other steps to reduce the danger of the obstruction to the safe navigation of vessels. > > > (4) The Minister may, subject to and in accordance with the regulations, dispose of anything removed under this section. > > > (5) The Minister may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the Minister in the exercise of his or her powers under this section from the owner of or person responsible for the obstruction to navigation. > > **s 16:** Am 2012 No 90, Sch 1 \[10\]; 2016 No 28, Sch 1 \[16\]; 2025 No 12, Sch 1\[10\]–\[16\].