Document ID: chunk:federal_register_of_legislation:F2024C00997:reg:49
Version: federal_register_of_legislation:F2024C00997
Segment Type: reg
Provision Reference: reg 49
Character Range: 48973–50535

49  Directions relating to lighting and marking obstructions

Police officer may give a direction to the owner of an obstruction
 (1) A police officer may, in writing, direct a person who is the owner of an obstruction to navigation to:
 (a) mark or light the obstruction in the time and manner specified in the direction; and
 (b) maintain the marking or lighting in good condition.

Offence—refusing or failing to comply with a direction
 (2) A person commits an offence if:
 (a) the person is given a direction under subsection (1); and
 (b) the person refuses or fails to comply with the direction.
Penalty: 50 penalty units.

Requirement to notify if defect to marking or lighting of obstruction
 (3) The owner of an obstruction to navigation to whom a direction is given under subsection (1) must notify a police officer in the Territory as soon as the owner becomes aware of any defect in relation to the marking or lighting of the obstruction.

Police officer may cause obstruction to be marked or lit
 (4) If the owner of an obstruction to navigation refuses or fails to comply with a direction under subsection (1), a police officer may take action to cause the obstruction to be marked or lit.
 (5) If:
 (a) a police officer takes action under subsection (4) in relation to an obstruction to navigation; and
 (b) the Commonwealth incurs reasonable costs and expenses as a result of the action taken;
the Commonwealth may recover the amount of those costs and expenses from the owner of the obstruction as a debt in a court of competent jurisdiction.