Marine and Harbours Act 1981

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act and, in particular —

regulating or prohibiting —

the entry or remaining within the boundaries of departmental areas or any specified part of such areas by any person or class of persons or thing or class of things;

the doing or omitting to do any thing or class of things within the boundaries of departmental areas or any specified part of such areas,

regulating or prohibiting the entry, movement, use, driving, parking, standing or leaving of vehicles in or on departmental land and imposing speed restrictions in respect of the use of vehicles on such land; and

providing for the preservation of order on or in relation to departmental land and installations vested in, acquired by, or managed by the Department including provisions for or in respect of preventing the entry of persons to departmental land and provisions for the removal of persons loitering, squatting or otherwise conducting themselves in a manner likely to prejudice the efficient and convenient use of the land or the port facilities on such land; and

regulating and making provision for all matters relating to the protection of life and property within departmental areas; and

regulating the use of departmental areas and in particular —

prohibiting the removal of soil, sand, gravel, stone, rock or other material from or otherwise interfering with such areas without the written permission of the Department;

prohibiting the deposit of any matter, rubbish or litter or the lighting of fires or endangering by other means of departmental areas or property on such areas; or

prohibiting the erection of any structure, post, pile, stake, fence, mooring or any other thing placed or fixed to land or seabed within departmental areas without the written permission of the Department;

authorising and regulating the removal by or on behalf of the Department of any structure or other thing erected contrary to a regulation made under this Act and providing for the recovery of the cost and expenses of such removal; and

prescribing the fees and charges to be paid for the following —

any use of a departmental area, or a facility within it, including, but not limited to, the mooring, berthing or storing of vessels within the departmental area;

services provided by the Department;

the parking of vehicles on departmental land;

providing that contravention or failure to comply with a regulation constitutes an offence and providing for penalties not exceeding a fine of $12 000 for offences against the regulations; and

for other purposes relating to the convenience of shipping or of the public within departmental areas and generally for the effective administration and performance of the functions vested in the Minister and the Department by this Act.

Regulations may be made under this section adopting —

wholly or in part;

with or without modifications; and

specifically or by reference,

the safety or handling of dangerous or other goods;

the construction of buildings or other structures; or

the use of departmental areas or conduct of any activity in such areas,

Regulations may be made under this section —

so as to apply —

generally or in a particular class of case or in particular classes of cases;

at all times or at a specified time or at specified times; and

throughout the State or in a specified part or specified parts of the State;

so as to require a matter affected by them to be —

in accordance with a specified standard or specified requirement; or

as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body;

so as to confer on a specified person or body or a specified class of person or body a discretionary authority; and

so as to provide that, in specified cases or a specified class of case or specified classes of cases whether on specified conditions or unconditionally, persons or things of a class or classes of persons or things may be exempted from the provisions of the regulations, either wholly or to such extent as is specified.

In subsection (3) specified means specified in the regulations.