Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
applicant means the person who applied to the CEO
under regulation 7F(2);
rental period has the meaning given in
regulation 7F(1).
(2)
Subregulation (4) applies if —
(a) the
mooring on a rental mooring site is damaged or destroyed during the rental
period; or
(b) the
mooring on an emergency mooring site is damaged or destroyed by a vessel using
the mooring under regulation 7H; or
(c) the
mooring on a courtesy mooring site is damaged or destroyed by a vessel using
the mooring under regulation 7I.
(3) 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 —
(a) at
the end of the rental period, the mooring is damaged or destroyed; and
(b) the
applicant did not report the damage or destruction to the CEO at the beginning
of the rental period.
(4) 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 —
(a) if
subregulation (2)(a) applies, the applicant or the person referred to in
subregulation (5)(a), as the case requires; or
(b) if
subregulation (2)(b) or (c) applies —
(i)
the person in charge of the vessel at the time the damage
occurred; or
(ii)
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.
(5)
Subregulation (4)(a) does not apply to the applicant if the applicant
satisfies the CEO that —
(a) the
damage was caused by the act or omission of another person identified by the
applicant; and
(b) the
applicant could not have prevented the damage by the exercise of reasonable
care.
[Regulation 7J inserted: SL 2021/147
r. 10.]