232Power of harbour masters to give written and oral directions

232 Power of harbour masters to give written and oral directions

S. 232(1) substituted by No. 19/2022 s. 70(1).

(1) A harbour master may from time to time—

(a) subject to subsections (4) and (5), give written directions for or with respect to vessels entering or within waters for which the harbour master has been engaged; or

(b) give written directions applicable to, or oral directions to, pilots who have the conduct of vessels entering or within pilot required waters for which the harbour master has been engaged.

S. 232(1A) inserted by No. 19/2022 s. 70(1).

(1A) Without limiting subsection (1), directions under that subsection may do any one or more of the following—

(a) prohibit entry by any vessel to or require the removal of any vessel from the waters for which the harbour master has been engaged, if the harbour master has reasonable cause to believe that the vessel—

(i) is unseaworthy; or

(ii) is in imminent danger of sinking and causing an obstruction to navigation in those waters; or

(iii) is in imminent danger of causing serious damage to the marine environment or property in those waters;

(b) control and direct the navigation and other movement of vessels in the waters for which the harbour master has been engaged;

(c) control and direct the position where and the manner in which any vessel may anchor or be secured in the waters for which the harbour master has been engaged;

(d) control and direct the time and manner of the taking in or discharging from any vessel of cargo, stores, fuel, fresh water and water ballast in the waters for which the harbour master has been engaged;

(e) control and direct the securing or removal of any vessel in the waters for which the harbour master has been engaged in, from or to any position the harbour master thinks fit;

(f) any other thing for or with respect to the management of the operation of vessels in the waters for which the harbour master has been engaged.

(2) Before giving a direction under subsection (1), a harbour master must take into account—

(a) the safety risk, or the nature and level of a safety risk, that the direction is intended to minimise or eliminate;

(b) whether there are alternative ways (legislative or otherwise) to address the matter to be addressed by the direction;

(c) the expected benefits and costs of the direction on those persons likely to be affected by the direction, if given.

S. 232(3) amended by No. 19/2022 s. 70(2).

(3) Written directions given under subsection (1)(a) must be published in a manner that makes them readily accessible to users of the port.