South Australian Current Regulations

HARBORS AND NAVIGATION REGULATIONS 2023 - REG 29

29—Obstructions on wharves

        (1)         A person must not, without the approval of the CE or the relevant port operator, place anything on a wharf in a position that is likely to—

            (a)         obstruct the approaches or any entrance to, or exit from, the wharf; or

            (b)         obstruct the movement of cargo on, onto or from the wharf; or

            (c)         impede the free passage of any vehicle or pedestrian on the wharf.

Maximum penalty: $1 250.

        (2)         If an item is placed on a wharf in contravention of subregulation (1), a port management officer may—

            (a)         direct—

                  (i)         the owner of the item; or

                  (ii)         the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded,

to remove the item from the wharf or to move it to another position on the wharf within a specified time; or

            (b)         if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf.

        (3)         The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by—

            (a)         if the port management officer was an officer or employee of the relevant port operator (other than the Minister)—the port operator; or

            (b)         in any other case—the CE.