South Australian Repealed Regulations

This legislation has been repealed.

HARBORS AND NAVIGATION REGULATIONS 1994 - REG 171A

171A—Orders

        (1)         If the CEO suspects on reasonable grounds that a vessel that is 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 CEO may issue an order requiring that the owner of the vessel—

            (a)         take action to repair the vessel; or

            (b)         remove the vessel from the waters.

        (2)         An order issued under this regulation—

            (a)         must be in the form of a written notice served on the 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 owner of the vessel must comply with the order.

        (3)         A vessel that has been ordered to be removed from water under this regulation must not be returned to the water until it is in a seaworthy condition.

        (4)         The CEO may, by written notice served on the owner of a vessel to whom an order has been issued, vary or revoke the order.

        (5)         If the owner of a vessel fails to comply with an order issued under this regulation within the period allowed in the order, the CEO may remove the vessel from the waters and recover the costs of doing so, as a debt, from the owner of the vessel.

        (6)         An owner of a vessel to whom an order is issued must comply with the order.

Maximum penalty: $5 000.