Navigation Act 2012

This section applies if an inspector believes, on reasonable grounds, that:

an activity is occurring in relation to a vessel that involves or will involve a serious risk to the health or safety of a person; or

an activity may occur in relation to a vessel that, if it occurs, will involve a serious risk to the health or safety of a person.

The inspector may give a prohibition notice to the responsible person in relation to the vessel. For this purpose, the responsible person is:

the master of the vessel; or

if the inspector cannot locate the master—the person who has immediate control over the vessel.

The prohibition notice must:

specify the activity in respect of which the inspector believes the risk to health or safety has arisen, and set out the reasons for that belief; and

either:

direct the responsible person to ensure that the activity is not engaged in; or

direct the responsible person to ensure that the activity is not engaged in in a specified manner.

A specified manner may relate to any one or more of the following:

any vessel, or part of a vessel, in relation to which the activity is not to be engaged in;

any thing that is not to be used in connection with the activity;

any procedure that is not to be followed in connection with the activity.

If an inspector is satisfied that action taken by the responsible person to remove the threat to health or safety is not adequate, the inspector must inform the person accordingly.

In making a decision under subsection (5), an inspector may exercise any of the monitoring powers that the inspector considers necessary for the purposes of making the decision.

The prohibition notice ceases to have effect when an inspector notifies the responsible person that the inspector is satisfied that the responsible person has taken adequate action to remove the risk to health or safety.

The prohibition notice may specify action that may be taken to satisfy an inspector that adequate action has been taken to remove the risk to health or safety.