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Ports Management Act 2015
97Control of aids, lamps and lights
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97 Control of aids, lamps and lights
(1) This section applies with respect to an aid, lamp or light that:
(2) The port operator of the designated port may, if of the opinion that it
is desirable for the safety or convenience of marine navigation to do
so, by written notice given to the owner of the aid, lamp or light,
require the owner:
(a) to remove it entirely or to some other position; or
(b) to modify it, or to alter its character or mode of exhibition, to
the extent, or in the manner, specified in the notice; or
(c) to cease using it; or
(d) to use it only at the times and in the manner specified in the
(3) A person given a notice under subsection (2) must comply with the
requirement contained in the notice.
(6) Subsection (7) applies if:
(a) a person fails to comply with a requirement contained in a
notice under subsection (2); or
(b) a notice under subsection (2) cannot be given because the
port operator does not know who owns the aid, lamp or light.
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(7) The port operator may take possession or control of the aid, lamp
or light and do anything that:
(a) if subsection (6)(a) applies – the person specified in the notice
under subsection (2) was required by the notice to do; or
(b) if subsection (6)(b) applies – must, in the opinion of the port
operator, be done for the safety of marine navigation.
(8) Any costs incurred in doing a thing under subsection (7) in relation
to an aid, lamp or light may be recovered as a debt due and
payable by the owner of the aid, lamp or light to the port operator.