37General exemptions

37 General exemptions

37 General exemptions

(1) This Part and the Act, section 85B do not apply to the use of a mooring or commercial or private berth that is authorised by—

(a) a licence, permit, approval or other authority under another Act, or

(b) TfNSW, the Port Authority of New South Wales or a direction of the harbour master for the port concerned.

Example—

Use of a mooring may be authorised under the Marine Estate Management Act 2014.

(2) The legal personal representative of a deceased licensee is exempt from the Act, section 85B in relation to the use of a mooring in accordance with the deceased licensee’s licence, as in force immediately before the death of the licensee, for—

(a) if the licence has a specified term—a period of 6 months from the death of the licensee or the remainder of the specified term, whichever is longer, or

(b) if the licence has no specified term—a period of 6 months from the death of the licensee.