An Act relating to Lighthouses, Lightships, Beacons, Buoys and
other Marine Navigational Aids
Part I—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Lighthouses
Act 1911.
2
Commencement [see
Note 1]
This Act shall commence on a day to be
fixed by Proclamation.
3
Interpretation
In this Act, unless the contrary
intention appears:
Authority means the Australian Maritime
Safety Authority established by the Australian Maritime Safety Authority Act
1990.
Marine navigational aid means:
(a) a lighthouse, lightship, beacon or
buoy; or
(b) any other structure, mark, device
or apparatus that is an aid to marine navigation, including a radio beacon or
an electronic aid, but not including any device or apparatus used, or for use,
on a ship, not being a lightship.
Ship includes every description of vessel
used in navigation not ordinarily propelled by oars only.
the Safety Convention has the same meaning as
in Part IV of the Navigation Act 1912.
4 Application
to Territories
(1) This Act extends to:
(c) the Territory of Cocos (Keeling) Islands;
(d) the Coral Sea Islands Territory;
and
(e) any other Territory not forming
part of the Commonwealth to which the Governor‑General by Proclamation
declares that this Act shall extend.
4A
Application of the Criminal Code
Chapter 2 of the Criminal Code
applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code
sets out the general principles of criminal responsibility.
Part II—Marine Navigational Aids
5
Acquisition of lighthouses etc.
(1) The Commonwealth may enter into an
agreement with a State, or with any person, for the acquisition by the
Commonwealth of any marine navigational aid the property of that State or
person.
(2) For the purposes of this Act, any marine
navigational aid vested in any authority of a State shall be deemed to be the
property of the State.
(3) The Commonwealth may purchase from any
State or person any lighthouse tender, store vessel, stores or equipment or
other property used by it, him or her in connexion with any marine navigational
aid.
6
Transfer of lighthouses etc. to be valid and effectual
Where the Governor‑General has
entered into an agreement with a State, or with any person, for the acquisition
by the Commonwealth of any marine navigational aid, any instrument or assurance
for granting or transferring the marine navigational aid to the Commonwealth
accordingly shall, by virtue of this Act, and notwithstanding anything in the
law of the State, be valid and effectual to vest the marine navigational aid in
the Commonwealth according to the tenor thereof.
6A
Acquisition of lighthouses by compulsory process
(1) Where the Commonwealth has failed to
enter into an agreement with a State for the acquisition of any particular
marine navigational aid the property of that State, the Commonwealth may
acquire by compulsory process the marine navigational aid together with any
lighthouse tender, store vessel, stores or equipment or other property used by it
or him in connexion with the marine navigational aid, and so much of the land
reserved dedicated set apart or used for the purpose of the marine navigational
aid as the Governor‑General thinks sufficient.
(2) For the purposes of this section, any
marine navigational aid vested in any authority of a State shall be deemed to
be the property of the State.
(3) The provisions of the Lands
Acquisition Act 1989 in relation to the acquisition of interests in land by
compulsory process and to the determination of the amount of compensation
payable in respect of interests so acquired shall so far as applicable apply in
relation to the acquisition of any marine navigational aid under this section.
(4) The mode of compensation to the State in
respect of each marine navigational aid acquired under this section shall be
the payment in perpetuity of interest at the rate of three and one‑half
per centum per annum on the amount of compensation so determined in respect of
the marine navigational aid so acquired.
(5) The interest payable in pursuance of this
section shall be payable as from the date of the acquisition of the marine
navigational aid, and shall be paid annually or at such shorter periods as the
Minister for Finance thinks fit.
(6) All payments to be made in pursuance of
this section shall be payable out of moneys from time to time appropriated by
the Parliament for the purpose.
(7) In this section, other than subsection (1),
the words marine navigational aid, include any lighthouse tender,
store vessel, stores, equipment or other property, or land, acquired by the
Commonwealth under subsection (1) of this section.
7
Power to establish and maintain lighthouses etc.
The Authority may:
(a) establish and maintain
lighthouses, lightships, beacons or buoys and, for the purpose of giving effect
to the undertaking of the Commonwealth under Regulation 14 of Chapter V of the
Safety Convention, establish and maintain other marine navigational aids;
(b) add to, alter or remove any marine
navigational aid the property of, or under the control of, the Authority; and
(c) vary the character of any marine
navigational aid the property of, or under the control of, the Authority.
8
Powers of inspection and maintenance
(1) The Authority or a person authorised in
writing by the Authority may, at any reasonable time in the day or night:
(a) inspect any marine navigational
aid, lamp or light which, in the opinion of the Authority or authorised person,
may affect the safety or convenience of navigation, whether the marine navigational
aid, lamp or light is the property of a State or authority of a State or of any
private person, and for that purpose may enter upon any property, whether of a
public or private nature; and
(b) for any purpose in connexion with
the maintenance of a marine navigational aid which is the property of, or under
the control of, the Authority or in connexion with the establishment of any
marine navigational aid by the Authority, transport, or cause to be
transported, any goods through any property whether of a public or private
nature.
10
Powers in relation to lights and navigational aid
(1) The Authority may, by notice in writing
served on the owner of any marine navigational aid or of any lamp or light, if
in its opinion it is desirable for the safety of navigation to do so, require
the owner of the marine navigational aid, lamp or light:
(a) by a date specified in the
notice—to remove it entirely or to move it to another position; or
(b) by a date specified in the
notice—to modify it or to alter its character to such an extent and in such a
manner as the Authority specifies in the notice; or
(c) in the case of a lamp, with effect
from a date specified in the notice—to refrain from lighting the lamp either
entirely or for such a period as the Authority specifies in the notice; or
(d) in the case of a light, with
effect from a date specified in the notice—to cease exhibiting the light either
entirely or for such a period as the Authority specifies in the notice.
(2) Unless exceptional circumstances relating
to the safety of persons or ships require otherwise, the date specified in a
notice referred to in subsection (1) must be at least one day after the
service of the notice on the owner of the marine navigational aid, lamp or
light concerned.
Note: If the person who is required under subsection (1)
to take action by or from a date specified in the notice does not take that
action by or from that specified date, the obligation to take that action
continues after that specified date, with daily offences being committed until
the obligation is complied with (see section 4K of the Crimes Act 1914).
(3) If the notice is not complied with, the
Authority may take possession of the marine navigational aid or of the lamp or
light referred to in the notice, and may order it to be forfeited, or may do in
regard to it, at the expense of the owner, anything which the owner was
required by the notice to do.
(4) Any expense incurred by the Authority
under this section may be recovered by the Authority from the owner, as a debt
due by the owner to the Authority.
(5) A person commits an offence if the person
does not comply with a notice under this section.
Penalty: 40 penalty units.
(5AA) Subsection 4K(2) of the Crimes Act 1914 ceases
to apply in relation to an offence against subsection (5) of this section
on the sixth day after the day on which the obligation to take the action first
arose.
Note: Because of this subsection, 200 penalty units
is the maximum penalty that can be imposed for offences against subsection (5).
(5A) Subsection (5) does not apply if the
person has reasonable cause.
Note: A defendant bears a legal burden in relation
to the matter in subsection (5A) (see section 13.4 of the Criminal
Code).
(5B) An offence under subsection (5) is an
offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(6) In this section owner
includes a State Government and any authority of a State having the control or
management of any marine navigational aid or of any lamp or light:
Provided that nothing in this
section shall render a State Government or any authority of a State liable to a
pecuniary penalty under subsection (5).
(7) A notice under subsection (1) is not
a legislative instrument for the purposes of the Legislative Instruments Act
2003.
11
Returns of harbour light and navigational aid
Every harbour authority or other local
authority having control of any harbour lights or the lighting or marking of
any navigable waters shall, as prescribed, make returns to the Minister in
relation to the following matters:
(a) the description and situation of
each light under its control; and
(b) the description and situation of
each marine navigational aid under its control.
12
Protection from actions
An action or other civil proceeding
shall not be maintainable against the Authority, a member of the Authority, the
Minister or any officer of the Authority or the Commonwealth, by reason of any
act, default, error, or omission, whether negligent or otherwise in relation
to, or by reason of any defect in, a marine navigational aid established or
maintained by the Authority.
Part IV—Offences
19 Destroying
or damaging marine navigational aids etc.
Intentionally destroying, fouling or damaging marine
navigational aids etc.
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
destruction or fouling of, or damage to:
(i) any marine
navigational aid; or
(ii) any light exhibited on
a marine navigational aid; or
(iii) any ship, vessel,
stores, equipment, or other property used by, or on behalf of, the Authority in
connection with the establishment, maintenance or servicing of a marine
navigational aid; and
(c) the person intends that the
conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 10 years.
Recklessly destroying, fouling or damaging marine
navigational aids etc.
(1A) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
destruction or fouling of, or damage to:
(i) any marine
navigational aid; or
(ii) any light exhibited on
a marine navigational aid; or
(iii) any ship, vessel,
stores, equipment, or other property used by, or on behalf of, the Authority in
connection with the establishment, maintenance or servicing of a marine
navigational aid; and
(c) the person is reckless as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 7 years.
Negligently destroying, fouling or damaging marine
navigational aids etc.
(1B) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves the
destruction or fouling of, or damage to:
(i) any marine
navigational aid; or
(ii) any light exhibited on
a marine navigational aid; or
(iii) any ship, vessel,
stores, equipment, or other property used by, or on behalf of, the Authority in
connection with the establishment, maintenance or servicing of a marine
navigational aid; and
(c) the person is negligent as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: 200 penalty units.
(1C) Absolute liability applies to paragraphs (1)(d),
(1A)(d) and (1B)(d).
Intentionally obstructing the view of marine
navigational aids
(1D) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
obstruction of the view of any marine navigational aid; and
(c) the person intends that the
conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 10 years.
Recklessly obstructing the view of marine navigational
aids
(1E) A person
commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
obstruction of the view of any marine navigational aid; and
(c) the person is reckless as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 7 years.
Negligently obstructing the view of marine navigational
aids
(1F) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in the
obstruction of the view of any marine navigational aid; and
(c) the person is negligent as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: 200 penalty units.
(1G) Absolute liability applies to paragraphs (1D)(d),
(1E)(d) and (1F)(d).
Intentionally interfering with marine navigational aids
(1H) A person commits an offence if:
(a) the person engages in conduct; and
(b) that conduct results in an
interference with the operation of, or the use by a person of, a marine
navigational aid; and
(c) the person intends that the conduct
will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 10 years.
Recklessly interfering with marine navigational aids
(1J) A person commits an offence if:
(a) the person engages in conduct; and
(b) that conduct results in an
interference with the operation of, or the use by a person of, a marine
navigational aid; and
(c) the person is reckless as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 7 years.
Negligently interfering with marine navigational aids
(1K) A person commits an offence if:
(a) the person engages in conduct; and
(b) that conduct results in an
interference with the operation of, or the use by a person of, a marine
navigational aid; and
(c) the person is negligent as to
whether the conduct will have that result; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: 200 penalty units.
(1L) Absolute liability applies to paragraphs (1H)(d),
(1J)(d) and (1K)(d).
Defence to offences against subsections (1), (1A),
(1B), (1D), (1E), (1F), (1H), (1J) and (1K)
(1M) Subsection (1), (1A), (1B), (1D),
(1E), (1F), (1H), (1J) or (1K) does not apply if:
(a) the conduct that resulted in the
destruction, fouling, damage, obstruction or interference referred to in that
subsection was necessary to save a life or a ship, or to prevent pollution; and
(b) the defendant took all reasonable
steps to avoid causing that destruction, fouling, damage, obstruction or
interference.
Note: A defendant bears a legal burden in relation
to the matters in this subsection (see section 13.4 of the Criminal
Code).
Intentional removal of marine navigational aids
(1N) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves removing,
altering, riding by, or making fast to, a marine navigational aid; and
(c) the person intends that the
conduct will result in that removal, alteration, riding by or making fast; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 10 years.
Reckless removal of marine navigational aids
(1O) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves removing,
altering, riding by, or making fast to, a marine navigational aid; and
(c) the person is reckless as to
whether the conduct will result in that removal, alteration, riding by or
making fast; and
(d) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: Imprisonment for 7 years.
(1P) Absolute liability applies to paragraphs (1N)(d)
and (1O)(d).
Trespassing on marine navigational aids
(1Q) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves trespassing
or going on a marine navigational aid; and
(c) the marine navigational aid is the
property of, or under the control of, the Authority.
Penalty: 10 penalty units.
(1R) Absolute liability applies to paragraph (1Q)(c).
Trespassing on ships, vessels, or property used by the
Authority
(1S) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves trespassing
or going on any ship, vessel, or property; and
(c) the ship, vessel, or property is
used by, or on behalf of, the Authority in the establishment, maintenance or
servicing of marine navigational aids.
Penalty: 10 penalty units.
(1T) Absolute liability applies to paragraph (1S)(c).
(2) In addition to the penalty, any offender
may be ordered to pay the amount of the damage caused by the commission of the
offence, or the cost of repairing, replacing, or reinstating the marine
navigational aid.
(3) Where any damage to any marine
navigational aid the property of, or under the control of, the Authority is
caused by any ship, the damage shall be charged on the ship, and the ship may
be detained by any officer of Customs until the amount of the damage is paid.
(4) In this section:
conduct means an act or an omission to
perform an act or a state of affairs.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
19A
Damage to be made good
If any marine navigational aid the
property of the Authority is damaged or destroyed by any person or ship, the
person, or the master, owner, agent or charterer of the ship, as the case may
be, shall be liable to pay to the Authority the cost of repairing or replacing
the marine navigational aid, unless he or she proves that the damage or
destruction of the marine navigational aid was not caused through wilfulness,
negligence, misconduct or want of skill.
19B
Notice of damage to be given
(1) A person who, or the master of a ship
which, damages a marine navigational aid the property of the Authority shall,
as soon as practicable having regard to the means of communication available to
him or her, report the damage to a prescribed officer.
Penalty: 60 penalty units.
(2) An offence under subsection (1) is
an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Part V—Regulations
20
Regulations fixing light dues
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all matters which by
this Act are required or permitted to be prescribed, or which are necessary or
convenient to be prescribed, for carrying out or giving effect to this Act.