211Control of navigation etc. in the vicinity of works carried out on, over or under waters

211 Control of navigation etc. in the vicinity of works carried out on, over or under waters (1) An applicable regulatory entity, may on the application of a person intending to carry out works on, over or under a part of State waters, do either or both of the following for the purpose of eliminating or reducing the risks to safety associated with the carrying out of those works— (a) give directions to masters of vessels in relation to the navigation and movement of those vessels in the vicinity where the works are being carried out; (b) may, subject to section 212, by notice published in the Government Gazette— (i) prohibit the navigation and other movement of vessels in the vicinity where the works are being carried out; (ii) regulate the position and the manner in which any vessel may anchor or be secured in the vicinity where the works are being carried out. (b) describe the works to be carried out; and (c) specify the period of time during which the works are to be carried out; and (d) specify the waters on, over or under which the works are to be carried out; and (e) set out an assessment of risks associated with the works to be carried out; and (f) set out the proposed risk controls to be implemented for the works to be carried out, including how the person wishes the navigation of vessels in the vicinity of the works to be regulated or prohibited; and (g) contain any other prescribed information; and (h) be accompanied by the prescribed fee. (3) A notice under subsection (1)(b)(i) or (ii)— (a) may temporarily exclude a person or vessel from the part of State waters to which the notice relates; (b) must describe the part of State waters to which the notice applies. (4) In this section— S. 211(4) def. of *applicable regulatory entity* amended by No. 34/2023 s. 127(Sch. 1 item 7.91). ***applicable regulatory entity*** means— (a) Safe Transport Victoria; (b) if the waters on, over or under which the works are to be carried out are under the control of a port management body, that body; (c) if the waters on, over or under which the works are to be carried out are under the control of a local port manager, that manager; (d) if the waters on, over or under which the works are to be carried out are under the control of a waterway manager, that waterway manager; ***works*** includes— (a) the construction, maintenance or decommissioning of a facility or infrastructure; and (b) the dredging of a channel and related activities; and (c) the construction or maintenance or exterior alteration or decoration of a building or other structure; and (d) the demolition or removal of a building or other structure; and (e) the erection, maintenance and removal of signs or hoardings; and (f) the removal, destruction or lopping of vegetation. S. 212 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 7.92).