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National Parks and Wildlife Regulation 2019
31Setting up of moorings
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#### 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.
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> > (2) The Secretary may revoke, or vary the terms of, any such licence.
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> > (3) Except as authorised by a licence, a person must not set up a marina or mooring in Cowan Water.
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> > Maximum penalty—30 penalty units.
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> > (4) The Secretary may direct a person who has set up or used an unlicensed marina or mooring to remove the marina or mooring.
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> > (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.
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> > (6) A person to whom such a direction is given must not fail to comply with the direction.
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> > Maximum penalty—30 penalty units.
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> > (7) The Secretary may remove from Cowan Water—
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> > > (a) any unlicensed mooring or marina, or
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> > > (b) any mooring or marina that has been abandoned or has become submerged, come adrift or fallen into a state of disrepair, or
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> > > (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.
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> > (8) The Secretary may, in any court of competent jurisdiction, recover the cost and expenses—
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> > > (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
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> > > (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.
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> > (9) This clause does not apply to a public mooring.
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> > (10) For the purposes of this clause, a marina or mooring is unlicensed if—
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> > > (a) no licence has been issued in relation to it, or
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> > > (b) a licence has been issued in relation to it subject to terms and conditions that have not been met.