Marine Navigational Aids Act 1973

 

Marine Navigational Aids Act 1973

Contents

1.Short title1

2.Interpretation1

3.Marine navigational aids1

3A.Fees payable in respect of fishing boats2

4.Protection from actions3

5.Offence3

Notes

Compilation table5

Provisions that have not come into operation5

Defined terms

 

Marine Navigational Aids Act 1973

An Act relating to the establishment, maintenance and use of marine navigational aids.

1.Short title

This Act may be cited as the Marine Navigational Aids Act 1973 1.

2.Interpretation

In this Act — 

department means the department of the Public Service principally assisting the Minister in the administration of this Act;

marine navigational aid means a lighthouse, light ship, port light, buoy, beacon, signal, or other structure, mark, device or apparatus that is or is intended to be an aid to marine navigation, and includes a radio beacon or an electronic aid;

port authority means the body established under an Act of the Parliament of the State as the port authority in relation to a port or the approaches to that port.

[Section 2 amended: No. 47 of 1993 s. 25.]

3.Marine navigational aids

(1)The department, and a port authority in relation to the port under its control and the approaches thereto — 

(a)may establish any marine navigational aid;

(aa)may enter into an agreement with any person who has established or who proposes to establish a marine navigational aid providing for the transfer from that person of the control of that aid;

(b)may add to, alter or remove any such aid;

(c)may alter the character of any such aid; and

(d)shall maintain every such aid under its control.

(2)Any marine navigational aid established by the department or a port authority before the commencement of this Act shall be deemed to have been established under this Act.

(3)Where the department or a port authority enters into an agreement pursuant to paragraph (aa) of subsection (1) — 

(a)any marine navigational aid to which the agreement applies shall be deemed to have been or to be established under this Act; and

(b)provision shall be made in the agreement for the payment from time to time of the expense incurred in the exercise of the powers conferred by paragraphs (b), (c) and (d) of that subsection.

[Section 3 amended: No. 66 of 1977 s. 2; No. 31 of 1980 s. 3.]

3A.Fees payable in respect of fishing boats

(1)Subject to subsection (2), there are payable to the department in respect of every fishing boat fees at such rates as are prescribed in respect of the provision of marine navigational aids outside any port under the control of a port authority and the approaches to that port.

(2)Regulations prescribing fees payable under subsection (1) may provide that fishing boats of a specified class, or of specified classes, are exempt from the payment of those fees.

(3)In this section — 

fishing boat means a vessel licensed, or required to be licensed, by or under the Fish Resources Management Act 1994 or the Pearling Act 1990.

[Section 3A inserted: No. 83 of 1978 s. 3; amended: No. 53 of 1994 s. 264.]

4.Protection from actions

No civil action, claim or demand lies, or shall be commenced or allowed, by or in favour of any person against — 

(a)the State;

(b)the Minister or the department;

(c)a port authority;

(d)any officer of the department or a port authority or other person acting in good faith for the purposes of this Act; or

(e)where the control of the marine navigational aid is transferred to the department or a port authority under an agreement entered into pursuant to section 3(1)(aa), a person who is or was the owner, lessee or bailee of the marine navigational aid,

by reason of any act, matter or thing done or omitted to be done in good faith, but whether negligently or otherwise, in relation to, or by reason of any defect in, a marine navigational aid established or deemed to have been established under this Act or maintained under this Act.

[Section 4 amended: No. 30 of 1980 s. 2.]

5.Offence

(1)A person who wilfully or negligently does anything which interferes with the operation of, or the use by a person of, a marine navigational aid established or deemed to have been established under this Act so as to hinder the effective operation, or use, of the aid commits an offence.

Penalty: $200.

(2)In addition to the penalty, a person convicted of an offence against subsection (1) may be ordered to pay the amount of the damage to the marine navigational aid caused by the commission of the offence, or the cost of repairing, replacing or reinstating the aid.

[Section 5 amended: No. 30 of 1980 s. 3.]

 

Notes

1This is a compilation of the Marine Navigational Aids Act 1973 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table

Short title

Number and year

Assent

Commencement

Marine Navigational Aids Act 1973

27 of 1973

6 Jun 1973

6 Jun 1973

Marine Navigational Aids Act Amendment Act 1977

66 of 1977

28 Nov 1977

28 Nov 1977

Marine Navigational Aids Act Amendment Act 1978

83 of 1978

27 Oct 1978

1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985 p. 2292)

Marine Navigational Aids Amendment Act 1980

31 of 1980

28 Oct 1980

28 Oct 1980

Acts Amendment (Department of Transport) Act 1993 Pt. 10

47 of 1993

20 Dec 1993

1 Jan 1994 (see s. 2 and Gazette 31 Dec 1993 p. 6861)

Fish Resources Management Act 1994 s. 264

53 of 1994

2 Nov 1994

1 Oct 1995 (see s. 2 and Gazette 29 Sep 1995 p. 4649)

Reprint of the Marine Navigational Aids Act 1973 as at 31 May 2002
(includes amendments listed above)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Aquatic Resources Management Act 2016 s. 368 2

53 of 2016

29 Nov 2016

To be proclaimed (see s. 2(b))

2On the date as at which this compilation was prepared, the Aquatic Resources Management Act 2016 s. 368 had not come into operation. It reads as follows:

 

368.Marine Navigational Aids Act 1973 amended

(1)This section amends the Marine Navigational Aids Act 1973.

(2)In section 3A(3) in the definition of fishing boat delete “Fish Resources Management Act 1994 or the Pearling Act 1990.” and insert:

 

Aquatic Resources Management Act 2016.

 

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

department2

fishing boat3A(3)

marine navigational aid2

port authority2