Conservation and Land Management Regulations 2002

If a rental mooring is damaged or destroyed (the loss) during the period specified in a rental mooring licence in respect of that rental mooring, the cost of repair or replacement is a debt due to the State by the licence holder and is recoverable in a court of competent jurisdiction unless the person can show that —

the loss was caused by the act or omission of some other person; and

the licence holder could not have prevented the loss by the exercise of responsible care.

For the purposes of subregulation (1), the loss is taken to have occurred during the period specified in the licence if —

the mooring is found to be damaged or destroyed at the end of the period specified in the licence; and

the licence holder did not report the loss to the CEO at the commencement of the period specified in the licence.