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.

cl 55H: Ins 2025 (613), Sch 1[9].