Mooring Regulations 1998

In this regulation —

Subregulation (4) applies if —

the mooring on a rental mooring site is damaged or destroyed during the rental period; or

the mooring on an emergency mooring site is damaged or destroyed by a vessel using the mooring under regulation 7H; or

the mooring on a courtesy mooring site is damaged or destroyed by a vessel using the mooring under regulation 7I.

For the purposes of subregulation (2)(a), the mooring on a rental mooring site is taken to have been damaged or destroyed during the rental period if —

at the end of the rental period, the mooring is damaged or destroyed; and

the applicant did not report the damage or destruction to the CEO at the beginning of the rental period.

The CEO may recover the cost of the repair or replacement of the mooring (the damage) as a debt due to the State in a court of competent jurisdiction from —

if subregulation (2)(a) applies, the applicant or the person referred to in subregulation (5)(a), as the case requires; or

if subregulation (2)(b) or (c) applies —

the person in charge of the vessel at the time the damage occurred; or

the owner of the vessel that caused the damage if, after reasonable inquiry, the identity or whereabouts of the person referred to in subparagraph (i) cannot be ascertained.

Subregulation (4)(a) does not apply to the applicant if the applicant satisfies the CEO that —

the damage was caused by the act or omission of another person identified by the applicant; and

the applicant could not have prevented the damage by the exercise of reasonable care.