19ZARemoval of sea cables from relevant ports

#### 19ZA Removal of sea cables from relevant ports 19ZA Removal of sea cables from relevant ports > > (1) The owner of a sea cable within a relevant port must give written notice to the harbour master of the port, in accordance with the regulations, no later than 90 days after the earlier of the following occurs— > > > > > (a) the owner becomes aware that the sea cable is a disused sea cable, > > > > > (b) the owner ought reasonably to have become aware that the sea cable is a disused sea cable. > > > > Maximum penalty—50 penalty units. > > > (2) If the harbour master is notified, or otherwise becomes aware, of the disused sea cable, the harbour master may, by written notice, direct the owner to remove the disused sea cable from the relevant port— > > > > > (a) in a way the harbour master reasonably considers appropriate, and > > > > > (b) within the reasonable time specified by the harbour master. > > > (3) The owner must not, without reasonable excuse, fail to comply with the direction. > > > > Maximum penalty—50 penalty units. > > > (4) Before giving the direction, the harbour master must— > > > > > (a) give the owner written notice of the proposed direction, and > > > > > (b) give the owner a reasonable opportunity to make submissions about the proposed direction, and > > > > > (c) consider the submissions received. > > > (5) Subsection (4) does not apply in an emergency. > > > (6) The harbour master may, by written notice given to the owner of the sea cable, require the owner to give the harbour master additional information that the harbour master considers reasonably necessary to decide whether to give a direction. > > > (7) The harbour master must not give a direction, or must revoke a direction already given, if the owner satisfies the harbour master that— > > > > > (a) the operation of another Act or law prevents the owner from lawfully removing the disused sea cable, and > > > > > (b) the proposed removal of the disused sea cable poses a significant risk to the safety of persons or the environment, taking into account measures that may be taken to mitigate the risk. > > > (8) Subsection (7)(a) does not apply if— > > > > > (a) the Act or law provides a process under which the owner may remove the sea cable, and > > > > > (b) the owner failed to take reasonable steps to undertake the process. > > > (9) If the owner fails to comply with the direction, the harbour master may— > > > > > (a) make reasonable arrangements for the disused sea cable to be removed, and > > > > > (b) recover the costs of the removal of the disused sea cable from the owner as a debt in a court of competent jurisdiction. > > **s 19ZA:** Ins 2025 No 12, Sch 1\[30\].