Western Australian Current Regulations

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43 .         Channels or fairways not to be obstructed by nets etc.

            (a)         No crab drop net, fishing net, marker buoy or other buoyed object shall be placed or allowed to remain in any channel or fairway in any port or harbour, or in any channel, fairway or passage in any navigable waters except by permission of the department.

            (b)         No person shall sink, set adrift or abandon any vessel, wreck or thing liable to obstruct the passage of or to cause damage to any vessel in any port, harbour or navigable waters.

            (c)         The owner of any vessel, wreck or thing which has been sunk, set adrift or abandoned in any port, harbour or navigable waters, shall raise and remove the same and where directions as to the removal are given to him by an officer of the department, the owner shall carry out the directions within such time as is specified by the officer.

            (d)         Where any vessel, wreck or thing is not removed in accordance with subregulation (c), or where the officer of the department is unable, after making reasonable enquiries, to ascertain the identity or whereabouts of the owner, the department may remove the same or cause it to be removed and the cost of such removal shall be deemed to be a debt due to the department by the owner of the vessel, wreck or thing and may be recovered by action in a court of competent jurisdiction.

            (e)         An officer of the department may remove any buoyed object (including floats and attachments) found in any channel or fairway. A buoyed object so removed may be retained in the possession of the department until claimed by the owner or person entitled to possession thereof. If no such claim is made within 3 months after possession by the department, the object so possessed shall be deemed to have been abandoned by the owner and may be disposed of accordingly.

        [Regulation 43 amended: Gazette 30 Oct 1967 p. 2593; 22 Sep 1978 p. 3504.]

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