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as a result of a removal authorised by subclause (7)(b) or (c)—from the current licensee or (if the licence is no longer in force) the previous licensee.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