Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies with respect to an aid, lamp or light that:
(a) is within a designated port; or
(b) may affect the safety or convenience of marine navigation within a designated port.
(2) The port operator of the designated port may, if of the opinion that it is desirable for the safety or convenience of marine navigation to do so, by written notice given to the owner of the aid, lamp or light, require the owner:
(a) to remove it entirely or to some other position; or
(b) to modify it, or to alter its character or mode of exhibition, to the extent, or in the manner, specified in the notice; or
(c) to cease using it; or
(d) to use it only at the times and in the manner specified in the notice.
(3) A person given a notice under subsection (2) must comply with the requirement contained in the notice.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(6) Subsection (7) applies if:
(a) a person fails to comply with a requirement contained in a notice under subsection (2); or
(b) a notice under subsection (2) cannot be given because the port operator does not know who owns the aid, lamp or light.
(7) The port operator may take possession or control of the aid, lamp or light and do anything that:
(a) if subsection (6)(a) applies – the person specified in the notice under subsection (2) was required by the notice to do; or
(b) if subsection (6)(b) applies – must, in the opinion of the port operator, be done for the safety of marine navigation.
(8) Any costs incurred in doing a thing under subsection (7) in relation to an aid, lamp or light may be recovered as a debt due and payable by the owner of the aid, lamp or light to the port operator.