51Power of regional harbourmaster to close waters

51 Power of regional harbourmaster to close waters (1) Subject to the regulations, the regional harbourmaster for a designated port may, by notice published in accordance with subsection (1A), close, for a period specified in the notice, all or part of the waters of the port: (a) to all persons and vessels; or (b) to specified classes of persons and vessels. (1A) The notice must be published on the regional harbourmaster's website or in the manner that, in the opinion of the regional harbourmaster, is most likely to bring it to the attention of persons who may be affected by it. (2) However, the regional harbourmaster for a designated port may only exercise the power given by subsection (1) if: (a) the harbourmaster: (i) is satisfied that the closure would not have, and could not reasonably be expected to have, an adverse impact on commercial shipping; and (ii) has given the port operator of the port written notice of its intention to do so; or

Ports Management Act 2015 51 (b) the closure is for 30 days or less and the port operator of the port consents to the closure. (3) If a notice is published under subsection (1), the waters described in the notice are, for the period specified in the notice, closed waters to all persons and vessels or to the classes of persons and vessels specified in the notice, as the case requires. (4) A person commits an offence if the person is in closed waters contrary to a notice published under subsection (1). (5) The master of a vessel commits an offence if the vessel is in closed waters contrary to a notice published under subsection (1). (6) An offence against subsection (4) or (5) is an offence of strict subsection (4) or (5) if the defendant has a reasonable excuse. (7A) Subsections (4) and (5) do not apply to a police officer if: (a) the officer is acting in the course of the officer's duties and taking reasonable care; and (b) it is reasonable for the officer to enter the closed waters. (8) The regional harbourmaster, a police officer or a person authorised by the regional harbourmaster may direct a person apparently in control of a vessel that is in closed waters contrary to a notice published under subsection (1) to remove the vessel from the closed waters. (9) A person commits an offence if: (a) the person is directed to remove a vessel from closed waters under subsection (8); and (b) the person fails to comply with the direction. (10) An offence against subsection (9) is an offence of strict liability. (11) It is a defence to a prosecution for an offence against subsection (9) if the defendant has a reasonable excuse.

Ports Management Act 2015 52