31Setting up of moorings

31 Setting up of moorings

31 Setting up of moorings

(1) The Secretary may grant licences for marinas and moorings in Cowan Water, subject to any terms and conditions that may be imposed by the Secretary.

(2) The Secretary may revoke, or vary the terms of, any such licence.

(3) Except as authorised by a licence, a person must not set up a marina or mooring in Cowan Water.

Maximum penalty—30 penalty units.

(4) The Secretary may direct a person who has set up or used an unlicensed marina or mooring to remove the marina or mooring.

(5) Such a direction may be given to the person to whom it is addressed personally or by leaving it on, or attaching it to, the marina or mooring.

(6) A person to whom such a direction is given must not fail to comply with the direction.

Maximum penalty—30 penalty units.

(7) The Secretary may remove from Cowan Water—

(a) any unlicensed mooring or marina, or

(b) any mooring or marina that has been abandoned or has become submerged, come adrift or fallen into a state of disrepair, or

(c) any part of a mooring or marina that has become separated from the mooring or marina or that constitutes, in the opinion of the Secretary, a danger, hazard, impediment or menace to the use of Cowan Water.

(8) The Secretary may, in any court of competent jurisdiction, recover the cost and expenses—

(a) incurred as a result of a removal authorised by subclause (7)(a)—from the person who set up the unlicensed mooring or marina, or

(b) incurred as a result of a removal authorised by subclause (7)(b) or (c)—from the current licensee or (if the licence is no longer in force) the previous licensee.

(9) This clause does not apply to a public mooring.

(10) For the purposes of this clause, a marina or mooring is unlicensed if—

(a) no licence has been issued in relation to it, or

(b) a licence has been issued in relation to it subject to terms and conditions that have not been met.