New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (NOISE CONTROL) REGULATION 2008 - REG 34

34 Defective vessel notices

(1) An authorised officer who is satisfied that a vessel has no noise control equipment, does not have appropriate noise control equipment or has defective noise control equipment may issue a defective vessel notice to the vessel's owner or master.

(2) A defective vessel notice is to be in the approved form and must include the following particulars:

(a) the defect on the basis of which it is issued,

(b) where the vessel should be taken for inspection or testing for the purpose of having the notice withdrawn.

(3) A defective vessel notice:

(a) may indicate what needs to be done to remedy the defect, and

(b) may indicate a date after which the vessel must not be used if the defect has not been remedied.

(4) An authorised officer may withdraw a defective vessel notice if satisfied that the vessel in respect of which the notice has been issued no longer has the defect on the basis of which the notice was issued.

(5) If a defective vessel notice indicates a date after which the vessel must not be used, a person must not cause or permit the vessel to be used in navigable waters after that date unless the notice has been withdrawn.

Maximum penalty: 100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.

(6) A person is not guilty of an offence under this clause arising because the vessel is being taken directly to a place where:

(a) repairs or other work required to remedy the defect are to be carried out, or

(b) an authorised officer may inspect or test the vessel,

or is being taken directly from any such place to the place where the vessel is usually kept.