Western Australian Current Regulations

NAVIGABLE WATERS REGULATIONS 1958 - REG 38

38 .         Vessels to be moored, berthed or removed as directed

        (1)         If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must moor or berth the vessel in a place and in a manner as directed.

        (2)         If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must remove the vessel or its mooring, or both, in accordance with the direction.

        (3)         If the owner, master or person in charge of a vessel fails to remove a vessel or its mooring as required by subregulation (2) —

            (a)         an officer may move or cause to be moved the vessel or mooring or both; and

            (b)         the cost of moving the vessel or its mooring or both is recoverable from the owner, master or person in charge of the vessel in a court of competent jurisdiction as a debt due to the State.

        (4)         Subregulation 3(b) does not limit regulation 40.

        (5)         An officer of the Department may, without the knowledge or consent of the owner, master or person in charge of a vessel, move or cause to be moved the vessel or its mooring or both if the officer considers that it is necessary to do so.

        [Regulation 38 inserted: SL 2024/191 r. 13.]