Document ID: chunk:federal_register_of_legislation:F2022L00468:reg:91
Version: federal_register_of_legislation:F2022L00468
Segment Type: reg
Provision Reference: reg 91
Character Range: 102624–104243

91  Lighting and marking obstruction to navigation

Direction to mark or light obstruction
 (1) An inspector may direct the owner of an obstruction to navigation to:
 (a) mark or light the obstruction; or
 (b) maintain the marking or lighting of the obstruction in good condition; or
 (c) notify an inspector of any defect in relation to the marking or lighting of the obstruction as soon as the person becomes aware of the defect.
 (2) The direction:
 (a) must be in writing; and
 (b) if the direction is to mark or light the obstruction:
 (i) must state a time by which the marking or lighting is to be completed; and
 (ii) may state how the lighting or marking is to be carried out; and
 (c) may state a period for which the marking or lighting must be maintained, including for an indefinite period.
 (3) 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.

Causing an obstruction to be marked or lit
 (4) If the owner of an obstruction to navigation fails to mark or light the obstruction within the time required by a direction given to the owner under subsection (1), an inspector may take action to cause the obstruction to be marked or lit.
 (5) If an inspector takes action under subsection (4) in relation to an obstruction to navigation, the Commonwealth may recover the reasonable costs and expenses of causing the obstruction to be marked or lit from the owner of the obstruction by action in a court of competent jurisdiction as a debt due to the Commonwealth.