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TASMANIA
__________
MARINE AND SAFETY AUTHORITY
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 5, Division 2A inserted
Division 2A - Abandoned, unseaworthy and sunken vessels
38A. Interpretation of Division
38B. Abandoned, unseaworthy and sunken vessels
38C. Commercial vessels
38D. Order for seizure and disposal of vessel
38E. Authority may require vessel to be moved from
wharf or mooring
5. Section 39 amended (Regulations generally)
[Bill 84]-IX
2
MARINE AND SAFETY AUTHORITY
AMENDMENT BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Marine and Safety Authority Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Marine and Safety
Authority Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Marine and Safety Authority Act
1997* is referred to as the Principal Act.
*No. 15 of 1997
[Bill 84] 3
s. 4 No. Marine and Safety Authority Amendment 2005
4. Part 5, Division 2A inserted
After section 38 of the Principal Act, the
following Division is inserted in Part 5:
Division 2A - Abandoned, unseaworthy and sunken vessels
38A. Interpretation of Division
In this Division -
"commercial purpose", in relation to
the operation of a vessel, means
operating the vessel (other than as
a punt) -
(a) for any valuable
consideration; or
(b) as, or in connection with,
a business; or
(c) as, or in connection with,
a transport or ferry service
provided for the benefit of
paying or non-paying
passengers; or
(d) for research; or
(e) in connection with tourist
accommodation; or
(f) in connection with any
other kind of commercial
transaction;
"commercial vessel" means a vessel
that is operated for a commercial
purpose;
4
2005 Marine and Safety Authority Amendment No. s. 4
"Court" means the Supreme Court of
Tasmania;
"unseaworthy vessel" means a vessel
that is unseaworthy within the
meaning of section 38B(1).
38B. Abandoned, unseaworthy and sunken vessels
(1) A vessel is unseaworthy if -
(a) in the case of a commercial
vessel, it does not have a current
certificate of survey or
registration issued by -
(i) the Authority; or
(ii) an equivalent body,
whether in this State or
not; or
(b) in the case of a vessel other than a
commercial vessel, it is certified
to be unseaworthy by a marine
surveyor or naval architect.
(2) If a vessel is unseaworthy or, in the
opinion of the Authority, abandoned or
sunken, the Authority may serve a notice
on the owner of the vessel requiring him
or her to -
(a) put the vessel into seaworthy
condition within such reasonable
period as may be specified in the
notice; or
5
s. 4 No. Marine and Safety Authority Amendment 2005
(b) relocate the vessel within such a
period.
(3) If, after making reasonable inquiries, the
Authority is unable to locate the owner of
a vessel, a notice under subsection (2)
may be served by publishing it in a
newspaper circulating in the area in
which the vessel is located.
(4) An owner of a vessel must comply with a
notice issued under subsection (2) within
the period specified in the notice.
Penalty: Fine not exceeding 50 penalty
units and, in the case of a
continuing offence, a further
penalty of 5 penalty units for each
day during which the offence
continues.
38C. Commercial vessels
For the purposes of this Act, a vessel that
is longer than 15 metres is, unless the
Authority otherwise determines, taken to
be a commercial vessel.
38D. Order for seizure and disposal of vessel
(1) If an owner fails to comply with a notice
under section 38B, the Authority may
apply to the Court for an order
authorising the Authority to seize and
dispose of the vessel to which the notice
relates.
6
2005 Marine and Safety Authority Amendment No. s. 4
(2) The Court may make an order for the
seizure and disposal of a vessel if
satisfied that -
(a) the vessel has been abandoned; or
(b) the vessel is sunken or not in
seaworthy condition; or
(c) the owner of the vessel has failed
to comply with the notice.
(3) An order under subsection (2) may be
made subject to any conditions the Court
considers appropriate.
(4) Any proceeds of sale, less any costs
incurred by the Authority in seizing and
disposing of the vessel, are to be paid to
the owner of the vessel and, if not
claimed within one month of the sale, are
to be dealt with in accordance with the
Unclaimed Moneys Act 1918.
(5) If there are no proceeds of sale, or the
proceeds of sale are not sufficient to
cover the costs incurred by the Authority
in seizing and disposing of vessel, the
Authority may recover those costs from
the owner of the vessel.
38E. Authority may require vessel to be moved
from wharf or mooring
(1) The Authority may serve a notice on the
owner of a vessel that is secured to a
wharf or mooring, requiring the vessel to
be moved to a place nominated by the
7
s. 5 No. Marine and Safety Authority Amendment 2005
Authority within such reasonable period
as may be specified in the notice, if the
Authority is of the opinion that the vessel
is causing, or is likely to cause -
(a) an obstruction of navigation in
the area; or
(b) a danger to any other vessel,
person or property; or
(c) pollution; or
(d) any other hazard.
(2) A person must comply with a notice
under subsection (1) within the period
specified in the notice.
Penalty: Fine not exceeding 50 penalty
units and, in the case of
continuing offence, a further
penalty of 5 penalty units for each
day during which the offence
continues.
5. Section 39 amended (Regulations generally)
Section 39(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"continues." and substituting "continues;
and";
(b) by inserting the following paragraph after
paragraph (b):
8
2005 Marine and Safety Authority Amendment No. s. 5
(c) provide for fees and charges
payable in respect of any matter
under this Act.
Government Printer, Tasmania 9