44Meaning of “unsafe vessel”

44 Meaning of “unsafe vessel”

44 Meaning of “unsafe vessel”

(1) In this division, unsafe vessel means the following—

(a) a vessel or former vessel that is reasonably likely to endanger a person, or cause harm to the environment or damage to property, including because of—

(i) the condition of the vessel or former vessel, or

(ii) how or where the vessel or former vessel is anchored, moored or berthed, or

(iii) the overloading of the vessel or former vessel,

(b) a derelict vessel,

(c) a vessel subject to an unsafe vessel notice,

(d) a vessel subject to a temporary unsafe vessel order.

(2) The Minister may, by notice published in the Gazette (an unsafe vessel notice), declare a vessel, or a vessel of a kind, to be an unsafe vessel if the Minister reasonably considers the vessel unsafe.

(3) The Minister may, by written order (a temporary unsafe vessel order), declare a vessel, or a vessel of a kind, to be an unsafe vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—

(a) to assess the safety of the vessel, or

(b) in an emergency.

(4) The Minister must, as soon as practicable after making a temporary unsafe vessel order, ensure the order is published in the Gazette.

s 44: Am 2008 No 59, Sch 1 [21]. Subst 2016 No 28, Sch 1 [25]; 2025 No 12, Sch 1[47].