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reg 60AA

Notice of moorings suspected of not being lawfully authorised

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Part 3Access to CALM land
Division 3Vessels

60AA Notice of moorings suspected of not being lawfully authorised

(1)

If the CEO is of the opinion that a mooring is on CALM land without lawful authority the CEO may give notice in writing to the person who owns or apparently controls the mooring.

(2)

The notice must specify a reasonable time within which the person must —

(a)

provide evidence to the CEO that the mooring is authorised to be on CALM land; or

(b)

apply to the CEO for a licence or other authorisation for the mooring to be on CALM land; or

(c)

remove the mooring.

(3)

Proceedings for an offence under subregulation 59(1)(b) must not be commenced against a person unless the CEO has given the person a notice under subregulation (1) and either —

(a)

the person has failed to comply with the notice; or

(b)

the person has applied for a licence or other authorisation before the end of the period specified in the notice and the application has been refused.

[Regulation 60AA inserted: Gazette 4 Dec 2015 p. 4841-2.]

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Section 60AA — Notice of moorings suspected of not being lawfully authorised — Conservation and Land Management Regulations 2002 (Western Australia) — Barrister AI