QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.93Harbour master may carry out direction
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### sec.93 Harbour master may carry out direction
This section applies if—
a person has contravened a direction under subdivision 1 that the person must comply with; or
a harbour master reasonably believes there is no-one to whom a proposed direction under subdivision 1 may be given and, because of urgent circumstances, the harbour master must act under this section.
The harbour master may, to the extent necessary to ensure safety as mentioned in section 86 (1) , carry out the direction or proposed direction.
Without limiting subsection (2) , the harbour master may—
board a ship and operate it, including, for example, by moving or navigating it; or
enter or remain in a place in, or adjacent to, a marine incident area or pilotage area in order to board a ship and anchor, berth, moor or move it; or
light or mark construction works; or
remove a thing that is obstructing, or may obstruct, navigation; or
put out, remove or screen, or take other action in relation to, a source of interference.
If the harbour master attaches the ship (the first ship ) to another ship or a buoy, wharf or pile, this Act does not prevent the owner or master of the other ship, or the owner of the buoy, wharf or pile, from recovering damages for injury or loss suffered, because of the attachment, from the owner or master of the first ship.
s 93 sub 2006 No. 21 s 75
(sec.93-ssec.1) This section applies if— a person has contravened a direction under subdivision 1 that the person must comply with; or a harbour master reasonably believes there is no-one to whom a proposed direction under subdivision 1 may be given and, because of urgent circumstances, the harbour master must act under this section.
(sec.93-ssec.2) The harbour master may, to the extent necessary to ensure safety as mentioned in section 86 (1) , carry out the direction or proposed direction.
(sec.93-ssec.3) Without limiting subsection (2) , the harbour master may— board a ship and operate it, including, for example, by moving or navigating it; or enter or remain in a place in, or adjacent to, a marine incident area or pilotage area in order to board a ship and anchor, berth, moor or move it; or light or mark construction works; or remove a thing that is obstructing, or may obstruct, navigation; or put out, remove or screen, or take other action in relation to, a source of interference.
(sec.93-ssec.4) If the harbour master attaches the ship (the first ship ) to another ship or a buoy, wharf or pile, this Act does not prevent the owner or master of the other ship, or the owner of the buoy, wharf or pile, from recovering damages for injury or loss suffered, because of the attachment, from the owner or master of the first ship.
- (a) a person has contravened a direction under subdivision 1 that the person must comply with; or
- (b) a harbour master reasonably believes there is no-one to whom a proposed direction under subdivision 1 may be given and, because of urgent circumstances, the harbour master must act under this section.
- (a) board a ship and operate it, including, for example, by moving or navigating it; or
- (b) enter or remain in a place in, or adjacent to, a marine incident area or pilotage area in order to board a ship and anchor, berth, moor or move it; or
- (c) light or mark construction works; or
- (d) remove a thing that is obstructing, or may obstruct, navigation; or
- (e) put out, remove or screen, or take other action in relation to, a source of interference.