Mooring Regulations 1998

The Minister may grant a mooring licence —

if the Minister is notified of acceptance of an offer; and

if the applicant nominates a suitable vessel as the licensed vessel; and

if the appropriate annual mooring licence fee specified in Schedule 3 item 4, 5, 6 or 7 is paid; and

where there is a mooring on the mooring site — if the Minister has received satisfactory evidence that the applicant has acquired the mooring or that the applicant does not intend to acquire the mooring; and

where the applicant has acquired the mooring — if the applicant has obtained and given to the Minister a mooring inspection report, as defined in regulation 20(1), that certifies that the mooring complies with —

the requirements specified in regulation 20(3)(a) to (d); and

any other matter that the Minister requires to be certified for the purposes of this paragraph.

If the Minister grants a mooring licence, the CEO must register the mooring site for which the licence is granted.

A vessel is a suitable vessel for the purposes of subregulation (1)(b) if —

the applicant is named on the certificate of registration of the vessel as the owner of that vessel, or produces satisfactory evidence of ownership of the vessel to the Minister; and

the length of the vessel is 5 metres or more and does not exceed, and is not significantly less than, the maximum vessel length for the mooring site; and

the vessel is not the licensed vessel for any other registered mooring site in the same mooring control area.

Subregulation (3)(a) does not apply if the mooring site is a commercial resources mooring site.

The Minister may exempt a vessel from complying with subregulation (3)(c) if the Minister considers there are special circumstances that justify the exemption.

A mooring licence may be granted on conditions as to —

the location of any mooring to be installed on the mooring site; and

the form and maintenance of any mooring to be installed on the mooring site; and

the size, shape and colour of any mooring float or buoy used on the mooring site; and

the display of a mooring number, an approved coloured disc or other information or identification data on any mooring to be installed on the mooring site; and

the inspection of any mooring to be installed on the mooring site; and

such other matters as the Minister thinks fit.

In accordance with paragraph (d) of the definition of licence in the Personal Property Securities Act 2009 (Commonwealth) section 10, a mooring licence is declared not to be personal property for the purposes of that Act.