97Direction to move vehicle, vessel or other thing

97 Direction to move vehicle, vessel or other thing

(1) If reasonably satisfied as to a matter specified in subregulation (2), an authorised water officer may direct a person—

(a) to move a vehicle, vessel or other thing within a recreational area; or

(b) to remove a vehicle, vessel or other thing from a recreational area.

(2) For the purposes of subregulation (1), the specified matters are that the vehicle, vessel or other thing—

(a) has been left unattended; or

(b) is causing an obstruction; or

(c) is causing a risk or damage to any of the following—

(i) the health or safety of any person;

(ii) the recreational area;

(iii) buildings, facilities or other property within the recreational area;

(iv) the water quality of any waterway in the recreational area;

(v) Aboriginal cultural heritage or Aboriginal intangible heritage;

(vi) the use of a waterway in the recreational area;

(vii) the natural environment;

(viii) a heritage feature, place or object; or

(d) is hindering or obstructing public access to the recreational area; or

(e) is not complying with the conditions of an express permission; or

(f) in the case of a vessel—

(i) is an unsafe vessel; or

(ii) is sinking or partially submerged or has sunk.

(3) A direction given under subregulation (1) must be in writing and given to—

(a) in the case of a vehicle or vessel, the owner of the vehicle or vessel; or

(b) in the case of any other thing, the owner of the thing or the person responsible for the thing.

(4) A direction given under subregulation (1) must specify—

(a) the manner in which the vehicle, vessel or other thing is to be moved or removed; and

(b) the time by which the vehicle, vessel or other thing is to be moved or removed.

(5) A person who is given a direction under subregulation (1) must immediately comply with that direction.

Penalty: 20 penalty units.