Western Australia
Lights (Navigation Protection) Act 1938
Reprint 1: The Act as at 7 May 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
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Reprinted under the Reprints Act 1984 as |
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at 7 May 2004 |
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Western Australia
Lights (Navigation Protection) Act 1938
CONTENTS
1.Short title1
2.Interpretation1
3.Powers in relation to lights2
4.Port authority may cause requisitions of notice to be carried out3
5.Civil rights4
6.Saving provision4
7.Proceedings for offences5
Notes
Compilation table6
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Reprinted under the Reprints Act 1984 as |
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at 7 May 2004 |
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Western Australia
Lights (Navigation Protection) Act 1938
An Act relating to lights likely to be a danger to marine navigation.
This Act may be cited as the Lights (Navigation Protection) Act 1938 1.
In this Act, subject to the context —
“Light” includes any fire, lamp, light, illuminated sign, street light or other mechanical, manufactured or constructed illumination and also the glow from any such light.
“Harbour light” includes lighthouses, lightships, beacons, buoys, lights and other signs, both on land and water, used as an aid to the navigation of ships, vessels and boats entering or leaving or within a port or harbour.
“Owner” includes the owner, lessee, tenant, purchaser, hirer or other person in possession or entitled to the possession of a light and in the case of a street light means the local government of the district in which such street light is erected or installed.
“Port Authority” means —
(a)in the case of a port under the control of a port authority established under an Act — that port authority; and
(b)in the case of any other port or a harbour — the Minister administering the Shipping and Pilotage Act 1967.
“Port or Harbour” includes a port or a fishing boat harbour declared as such under the Shipping and Pilotage Act 1967 and a port under the control of a port authority established under an Act.
[Section 2 amended by No. 47 of 1993 s. 15; No. 14 of 1996 s. 4.]
3.Powers in relation to lights
(1)Where any light is used, kept, burnt or exhibited between the hours of sunset and sunrise at such a place (whether within or outside the limits of a port or harbour) or in such a manner as, in the opinion of the port authority, to be likely to be mistaken for, or obscure, or conflict with, or adversely interfere with the effectiveness of a harbour light of the port or harbour controlled and managed by such port authority, the port authority may, by notice in writing, require the owner of or the person in charge of such light or the occupier of the place or premises where such light is used, kept, burnt or exhibited, within a time to be specified in the notice to take effectual means —
(a)to extinguish the light; or
(b)to remove the light entirely or to some other position; or
(c)to modify the light or to alter its character or colour, or to screen the light to such an extent and in such manner as the port authority may direct; or
(d)to refrain from using, keeping, burning or exhibiting the light either entirely or for such period or during such hours as the port authority may direct;
(e)to do or refrain from doing such other act, matter or thing in relation to using, keeping, burning or exhibiting the light as the port authority may direct and in accordance with the directions of the port authority.
(2)Any notice under subsection (1) may be served either personally or by delivery at the place of abode of the person to be served or by affixing it in some conspicuous place on or near the place or premises upon or in which the light to which the notice relates is used, kept, burnt or exhibited.
(3)It shall be the duty of the owner, occupier or other person served with a notice under subsection (1) to comply with such notice.
(4)Every owner, occupier or other person on whom a notice is served under this section who fails, without reasonable cause (proof whereof shall lie upon him) to comply in all respects with the directions contained in the notice shall be guilty of an offence against this Act.
Penalty — $200, and in addition a daily penalty of $10 for every day or part of a day during which the directions contained in the notice are not complied with after the time specified in the notice for the compliance therewith.
[Section 3 amended by No. 113 of 1965 s. 8(1).]
4.Port authority may cause requisitions of notice to be carried out
(1)If any owner, occupier or other person served with a notice under section 3 fails in any respect to comply with the directions of such notice within the time specified in the notice for such compliance the port authority, or any person authorised in writing by the port authority, may enter upon the place or premises whereon the light to which the notice relates is used, kept, burnt or exhibited and forthwith take effectual means (but doing no unnecessary damage) to carry out and otherwise give effect to the directions contained in the notice which have not be complied with as aforesaid.
(2)Any expense incurred by the port authority or the person authorised by the port authority under subsection (1) shall be a debt owing to the port authority by the person upon whom the notice was served as aforesaid and shall be recoverable at the suit of the port authority in any court of competent jurisdiction.
(3)If the owner, occupier or other person upon whom a notice under section 3 has been served as aforesaid or any other person obstructs or hinders, prevents or interferes with or attempts to obstruct, hinder, prevent or interfere with the port authority, or the person authorised by the port authority, in the exercise of the power conferred by subsection (1), he shall be guilty of an offence against this Act.
Penalty: $100.
[Section 4 amended by No. 113 of 1965 s. 8(1).]
Where any owner, occupier or other person upon whom a notice under section 3 has been served as aforesaid has failed, within the time prescribed by such notice, to comply with the directions of such notice and by reason of such non‑compliance and by reason of the light to which the said notice relates being mistaken for, or obscuring, or conflicting with or adversely interfering with the effectiveness of a harbour light, any vessel, ship or boat is damaged the said non‑compliance with the said notice shall, for the purpose of enabling the owner of such vessel, ship or boat to recover compensation or damages in respect of the damage suffered by such vessel, ship or boat be deemed to be a tort in the nature of a nuisance committed by such owner, occupier or person aforesaid upon which an action for damages may be instituted.
The omission on the part of a port authority to give any notice under section 3, or the failure on the part of a port authority to exercise the power conferred by section 4 shall not make the port authority in any respect responsible or liable for any damage suffered by a vessel, ship or boat as the result of any light being mistaken for or obscuring or conflicting with or adversely interfering with the effectiveness of a harbour light.
A complaint under the Justices Act 1902 for an offence against this Act may be made or sworn by —
(a)in the case of a port under the control of a port authority established under an Act — the General Manager of that port authority; or
(b)in the case of any other port or a harbour — the chief executive officer of the department of the Public Service principally assisting the Minister with the administration of the Shipping and Pilotage Act 1967.
[Section 7 inserted by No. 47 of 1993 s. 16.]
1This reprint is a compilation as at 7 May 2004 of the Lights (Navigation Protection) Act 1938 and includes the amendments made by the other written laws referred to in the following table 2. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Lights (Navigation Protection) Act 1938 |
16 of 1938 |
1 Dec 1938 |
1 Dec 1938 |
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Decimal Currency Act 1965 |
113 of 1965 |
21 Dec 1965 |
s. 4-9: 14 Feb 1966 (see s. 2(2)); |
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Acts Amendment (Department of Transport) Act 1993 Pt. 8 |
47 of 1993 |
20 Dec 1993 |
1 Jan 1994 (see s. 2 and Gazette 31 Dec 1993 p. 6861) |
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Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
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Reprint 1: The Lights (Navigation Protection) Act 1938 as at 7 May 2004 (includes amendments listed above) |
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2Marginal notes in the Lights (Navigation Protection) Act 1938 referring to legislation of other jurisdictions have been omitted from this reprint.
By Authority: JOHN A. STRIJK, Government Printer