Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:92
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 92
Character Range: 104243–106221

92  Removing and disposing of obstruction to navigation

Direction to remove obstruction
 (1) An inspector may direct the owner of an obstruction to navigation to remove the obstruction. The direction must:
 (a) be in writing; and
 (b) state a time by which the obstruction to navigation must be removed.
 (2) A person commits an offence of strict liability if:
 (a) the person is given a direction under subsection (1); and
 (b) the person fails to comply with the direction.
Penalty: 23 penalty units.

Inspector may remove obstruction
 (3) An inspector may remove an obstruction to navigation:
 (a) in any way the inspector considers appropriate; and
 (b) whether or not the inspector has given a direction under subsection (1).
 (4) The removal of an obstruction to navigation under subsection (3) may include:
 (a) the destruction of the obstruction if the inspector is satisfied it is reasonable in the circumstances; or
 (b) authorising another entity to remove the obstruction.
 (5) If an inspector removes an obstruction to navigation under subsection (3), the Commonwealth may recover the reasonable costs and expenses of removing the obstruction from the owner of the obstruction by action in a court of competent jurisdiction as a debt due to the Commonwealth.

Disposal of obstruction
 (6) If an obstruction to navigation is removed under subsection (4) other than by its destruction, an inspector may dispose of the removed obstruction, in any way the inspector considers appropriate, if:
 (a) the inspector has taken reasonable steps to return the removed obstruction to its owner; and
 (b) one or more of the following applies:
 (i) the inspector has been unable to locate the owner;
 (ii) the owner has refused to take possession of the removed obstruction;
 (iii) the inspector has contacted the owner about the return of the removed obstruction and the owner has not taken possession of the removed obstruction within 30 days after the day contact was made.