New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (NOISE CONTROL) REGULATION 2008 - REG 35

35 Defective vessel labels

(1) An authorised officer who issues a defective vessel notice for a vessel may also affix a defective vessel label in a conspicuous position on some part of the vessel.

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

(a) the defect on the basis of which the defective vessel notice was issued,

(b) the date (if any) after which the vessel must not be used if the defect has not been remedied,

(c) such other particulars as the EPA may require.

(3) An authorised officer who withdraws a defective vessel notice for a vessel must also remove, or direct the removal of, the defective vessel label from the vessel.

(4) A person must not remove, obscure or deface a defective vessel label that is affixed to a vessel under this clause unless the person is an authorised officer or is acting under the direction of an authorised officer.

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

(5) A person must not cause or permit a vessel to be used if the person knows, or ought reasonably to know, that a defective vessel label affixed to the vessel under this clause has been removed, obscured or defaced in contravention of subclause (4).

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

(6) A person does not commit an offence under subclause (5) if 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.