55HMarking and lighting hazards—the Act, ss 10(1) and 19(2)(d2)

#### 55H Marking and lighting hazards—the Act, ss 10(1) and 19(2)(d2) 55H Marking and lighting hazards—the Act, ss 10(1) and 19(2)(d2) > > (1) The owner of a hazard that is in or over navigable waters must ensure the hazard is marked and lit so it does not cause a danger to the safe navigation of vessels. > > > > Maximum penalty—50 penalty units. > > > (2) Transport for NSW or the Port Authority of New South Wales (each a regulator) may give the owner of a hazard a written direction to— > > > > > (a) mark or light the hazard in the time and manner specified in the direction, and > > > > > (b) keep the marking or lighting in good condition. > > > (3) However, the Port Authority of New South Wales may only give a direction under subclause (2) in relation to a hazard that is in a port for which the Port Authority of New South Wales holds an operating licence. > > > (4) A person who is given a direction under subclause (2) must comply with the direction. > > > > Maximum penalty—50 penalty units. > > > (5) A person who is given a direction under subclause (2) must notify the regulator that gave the direction as soon as the person becomes aware of a defect in relation to the marking or lighting of the hazard. > > > > Maximum penalty—50 penalty units. > > > (6) If a person fails to comply with a direction under subclause (2), the regulator that gave the direction may take action to mark or light the hazard. > > > (7) A regulator may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the regulator in the exercise of its powers under subclause (6) from the owner of the hazard. > > > (8) In this clause— > > > > operating licence has the same meaning as in the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013). > > **cl 55H:** Ins 2025 (613), Sch 1\[9\].