Transport Operations (Marine Safety) Regulation 2016
sec.192Removal of buoy mooring on expiry, cancellation or surrender of approval
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sec.192 Removal of buoy mooring on expiry, cancellation or surrender of approval
This section applies if a buoy mooring approval has expired, or has been cancelled or surrendered under chapter 6 . The person to whom the buoy mooring approval was granted must remove all of the following within the time stated in subsection (3) , unless the person has a reasonable excuse— the buoy whose mooring is authorised under the approval; the mooring apparatus for the buoy; the mooring block for the buoy. Maximum penalty—20 penalty units. The buoy, its mooring apparatus and its mooring block must be removed— if the buoy mooring approval has expired or been surrendered—within 14 days after the expiry or surrender; or if the buoy mooring approval has been cancelled and no application for internal review has been made under part 16 of the Act —within 14 days after the time for making the internal review application ends; or if the buoy mooring approval has been cancelled and no application for review of the decision to cancel the approval ( QCAT application ) is made to QCAT under the Act —within 14 days after the time for making the QCAT application ends; or if the buoy mooring approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation. If the person does not remove the buoy, mooring apparatus or mooring block within the time stated in subsection (3) , the following entity may direct the person to remove the mooring, apparatus or block— if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority; otherwise—the general manager. The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (sec.192-ssec.1) This section applies if a buoy mooring approval has expired, or has been cancelled or surrendered under chapter 6 . (sec.192-ssec.2) The person to whom the buoy mooring approval was granted must remove all of the following within the time stated in subsection (3) , unless the person has a reasonable excuse— the buoy whose mooring is authorised under the approval; the mooring apparatus for the buoy; the mooring block for the buoy. Maximum penalty—20 penalty units. (sec.192-ssec.3) The buoy, its mooring apparatus and its mooring block must be removed— if the buoy mooring approval has expired or been surrendered—within 14 days after the expiry or surrender; or if the buoy mooring approval has been cancelled and no application for internal review has been made under part 16 of the Act —within 14 days after the time for making the internal review application ends; or if the buoy mooring approval has been cancelled and no application for review of the decision to cancel the approval ( QCAT application ) is made to QCAT under the Act —within 14 days after the time for making the QCAT application ends; or if the buoy mooring approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation. (sec.192-ssec.4) If the person does not remove the buoy, mooring apparatus or mooring block within the time stated in subsection (3) , the following entity may direct the person to remove the mooring, apparatus or block— if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master for the pilotage area; if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority; otherwise—the general manager. (sec.192-ssec.5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.