(1) If the CE is of
the opinion that a vessel moored in a boat haven is in such a state of
disrepair that it is in danger of sinking or causing environmental harm
(within the meaning of the Environment Protection Act 1993 ), the CE may
issue an order requiring that the registered owner of the vessel—
(a) take
action to repair the vessel; or
(b)
remove the vessel from the waters of the jurisdiction.
(2) If a vessel moored
in a boat haven—
(a) is,
in the opinion of the CE, obstructing navigation in the boat haven; or
(b) is
not the subject of a current permit,
the CE may issue an order requiring that the registered owner of the vessel
remove the vessel from the boat haven.
(3) An order issued
under this regulation—
(a) must
be in the form of a written notice served on the registered owner of the
vessel; and
(b) must
specify the vessel that is the subject of the order; and
(c) must
specify a period within which the registered owner of the vessel must comply
with the order.
(4) A vessel that has
been ordered to be removed from the waters of the jurisdiction under
subregulation (1) must not be returned to the water until it is in a
seaworthy condition.
(5) The CE may, by
written notice served on the registered owner of a vessel to whom an order has
been issued, vary or revoke the order.
(6) A registered owner
of a vessel to whom an order is issued must not fail to comply with the order.
Maximum penalty: $5 000.