Commonwealth Numbered Acts

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NAVIGATION ACT 2012 (NO. 128, 2012) - SECT 191

Other powers in relation to aids to navigation

             (1)  If in AMSA's opinion it is desirable for the safety of navigation to do so, AMSA may, by notice in writing given to the owner of an aid to navigation, or a lamp or light, require the owner of the aid, lamp or light:

                     (a)  before the end of the period specified in the notice--to remove it entirely or to move it to another position; or

                     (b)  before the end of the period specified in the notice--to modify it or to alter its character to such an extent and in such a manner as AMSA specifies in the notice; or

                     (c)  in the case of a lamp or light, with effect from a day specified in the notice:

                              (i)  to refrain from lighting the lamp or light either entirely or for the period AMSA specifies in the notice; or

                             (ii)  to cease showing the lamp or light either entirely or for the period AMSA specifies in the notice.

             (2)  The period specified in a notice referred to in paragraph (1)(a) or (b) must be at least 14 days, other than in exceptional circumstances relating to the safety of persons or vessels.

             (3)  If the notice is not complied with, AMSA may do in regard to the aid to navigation, lamp or light anything that the owner was required by the notice to do.

             (4)  Any expense incurred by AMSA under this section may be recovered by AMSA from the owner, as a debt due by the owner to AMSA.

             (5)  In this section:

"owner" , of an aid to navigation, lamp or light, includes a State or Territory government, or any agency of a State or Territory, that has the control or management of the aid, lamp or light.

             (6)  A notice under subsection (1) is not a legislative instrument.



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