In this Part, port includes any particular area of navigable waters that the Minister considers requires a harbour master for the purposes of marine safety.
85 Appointment of harbour masters
(1) The Minister may appoint a person to be the harbour master for any port.(2) Two or more persons cannot be appointed as harbour masters for the same port.(3) The Minister may revoke the appointment of a harbour master at any time.
86 Appointment of persons to exercise functions of harbour masters
(1) A harbour master may appoint any person to exercise, in relation to the port for which he or she is the harbour master, the harbour master’s functions under the marine legislation. The power to make an appointment under this section is subject to any directions given to the harbour master by the Minister.(2) An appointment under this section may be general or may apply only to the exercise of such functions as are specified in the instrument of appointment.(3) A person appointed under this section has all the functions specified in the instrument of appointment.(4) The appointment under this section of a person to exercise any of the functions of a harbour master does not prevent that harbour master from exercising those functions.(5) The Minister may also appoint a person to exercise the functions of a harbour master under the marine legislation in relation to a port (whether or not a harbour master has been appointed for the port).(6) More than one person may be appointed at any one time under this section to exercise the functions of a harbour master.
87 General functions of harbour master
(1) A harbour master has, in relation to the port for which he or she is the harbour master, such functions as are conferred by the marine legislation.(2) The functions of a harbour master may be limited by regulation or by the Minister (in and by the instrument of appointment or by a subsequent instrument given to the harbour master).(3) The exercise of the functions of a harbour master are subject to any directions given from time to time to the harbour master by the Minister.
88 General powers of harbour master in relation to vessels
(1) The harbour master of any port may direct and control the following:(a) the time and manner in which any vessel may enter or leave the port,(b) the navigation and other movements of any vessel within the port or any part of the port,(c) the position where and the manner in which any vessel may anchor or be secured within the port,(d) the time and manner of the taking in or discharging by any vessel within the port of cargo, stores, fuel, fresh water or water ballast,(e) the securing or removal of any vessel within the port in, from or to any position as the harbour master thinks fit.(2) The harbour master of any port may, as a condition of allowing a vessel to be anchored or secured within a pilotage port, direct that a marine pilot remain on board the vessel while it is so berthed or anchored (whether or not pilotage is compulsory).(3) A harbour master must not give any direction under this section that would result in a contravention of any law relating to the area or vessel concerned or that would impede the proper administration of the customs or quarantine services within the port.
89 Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port
(1) The harbour master of any port may give directions:(a) prohibiting the entry into, or movement out of, the port or any part of the port, or(b) requiring the removal from the port or any part of the port,of any vessel that the harbour master has reasonable cause to believe is in imminent danger of sinking in the port and causing an obstruction to navigation or is in imminent danger of causing serious damage to the marine environment or property in the port.(2) A harbour master is not to give a direction under this section that would endanger the life of any person on the vessel.(3) A direction under this section may be revoked by order of the Minister or the Supreme Court.
90 Harbour master may carry out direction
(1) If:(a) there is no person on board any vessel to whom a harbour master may give a direction under this Part and there are reasonable grounds for the harbour master to act urgently without giving the direction, or(b) a direction under this Part is not complied with,the harbour master may cause the vessel to be dealt with as required by the harbour master.(2) For that purpose, the harbour master (or a person authorised by the harbour master) may board a vessel and move, secure or otherwise operate the vessel.(3) The Minister may recover from the master or owner of a vessel referred to in subsection (1) as a debt in any court of competent jurisdiction the reasonable charges and expenses incurred in the exercise of the harbour master’s functions under that subsection.
91 Offence for failing to comply with direction, or obstructing, harbour master
(1) The master of a vessel who, without reasonable excuse, refuses or fails to comply with any direction given under this Part to the master by a harbour master is guilty of an offence.Maximum penalty: 100 penalty units.
(2) A person who, without reasonable excuse, obstructs a harbour master (or any person acting under the direction of a harbour master) exercising any function under this Part is guilty of an offence.Maximum penalty (subsection (2)): 50 penalty units.
91A Directions of harbour master acting as marine pilot
(1) Nothing prevents a harbour master who is acting as a marine pilot for a vessel from giving a direction under this Part in relation to the vessel.(2) However, any such direction is taken not to be properly given under this Part unless the person giving the direction has warned the person to whom it is given that it is a direction of the harbour master and that failure to comply with the direction may constitute an offence under section 91.
(1) The Minister is required to give an identity card to each harbour master the Minister appoints.(2) The person who appoints another person to exercise the functions of a harbour master is required to give an identity card to that other person.(3) An identity card is to be in a form approved by the Minister.(4) A harbour master (including a person exercising the functions of a harbour master) is required to produce his or her identity card if requested to do so by an affected person in the course of exercising functions under the marine legislation. This subsection does not apply to a direction given by radio or other communication device.(5) A person who has been issued with an identity card must return it to the Minister, or the person who provided it, on demand.Maximum penalty (subsection (5)): 10 penalty units.
(1) A harbour master, and any other person exercising the functions of a harbour master, are not personally liable for any act or omission done in good faith for the purposes of the marine legislation.(2) If subsection (1) prevents liability attaching to a harbour master, the liability attaches instead to the State.(3) In this section, harbour master includes a person exercising the functions of a harbour master or a person acting under the direction of a harbour master.