South Australian Current Regulations

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HARBORS AND NAVIGATION REGULATIONS 2023 - REG 157

157—Orders

        (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.



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