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\[47\].