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TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 193

Issuing entity may carry out direction

193 Issuing entity may carry out direction

(1) This section applies if a person has contravened a buoy mooring direction given to the person by an issuing entity.
(2) Also, this section applies if—
(a) it appears to an issuing entity there is no one to whom a buoy mooring direction may be given; and
(b) the issuing entity is reasonably satisfied that the entity must act urgently without giving a direction.
(3) The issuing entity may carry out the direction or proposed direction, including by asking a person who is a suitably qualified person to carry out the direction or proposed direction.
(4) Without limiting subsection (3), the issuing entity or the suitably qualified person may—
(a) board a ship and operate it, including, for example, by moving or navigating it; or
(b) enter or remain in a place in, or adjacent to, an area to board a ship and anchor, berth, moor or move it.
(5) In this section—

"suitably qualified person" means a person—
(a) who is a shipping inspector or may be appointed as a shipping inspector under section 157(1) of the Act; and
(b) who the issuing entity reasonably believes has qualifications, skills or experience necessary to safely carry out the direction or proposed direction.



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