Harbors and Navigation Act 1993 (SA)

South Australia Harbors and Navigation Act 1993 An Act to provide for the administration, development and management of harbors; to provide for safe navigation in South Australian waters; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects of this Act 4 Interpretation 5 Crown bound 6 Application of Act 6A Application of Act to certain vessels Part 2—Administration Division 1—Minister 8 Minister to be corporation sole Division 2—Chief Executive 9 Responsibility of CE 10 Annual report Division 3—Delegation 11 Delegation Division 4—Authorised persons 12 Appointment of authorised persons 13 Production of identity card 14 Powers of authorised person Division 5—Miscellaneous 14A Matters to be taken into account in relation to specially protected areas Part 3—Property Division 1—Vesting of property 15 Property of Crown Division 2—Acquisition of land 16 Acquisition of land Division 3—Resumption of land 17 Resumption Division 4—Care, control and management of property 18 Care, control and management of property 18A By-laws Division 5—Dealings with property 19 Power to grant leases and licences over land Division 6—Rateability of land 20 Rateability of land Division 7—Damage to property 21 Liability for damage Part 4—General powers to protect navigation and to restrict use of waters Division 1—Navigational aids 22 Control of navigational aids 23 Establishment of navigational aids 24 Interference with navigational aids Division 2—Clearance of wrecks 25 Clearance of wrecks etc Division 3—Restrictions on use of waters 26 Licences for aquatic activities 27 Restricted areas Part 5—Harbors and ports Division 1—Control and management of harbors and ports 28 Control and management of harbors 28A Power to assign control and management of ports 28B Port operating agreements 28C General responsibility of port operator 28D Variation of port operating agreement 28E Agreements to be tabled in Parliament 28F Power to deal with non-compliance 28G Power to appoint manager 28H Powers of the manager Division 2—Port management officers 29 Port management officers Division 2A—Operational powers 29A Interpretation 29B Power of direction 29C Power to board vessel Division 3—Harbor improvement work 30 Dredging or other similar work 30A Development of harbors and maritime facilities 30B Application of Development Act 1993 Division 4—Harbor charges etc 31 Power to fix charges 31A Power to waive or reduce charges 31B Charges in respect of goods 31C Charges in respect of vessels 31D Power to prevent use of harbor or port facilities Part 5A—Pilotage 33 Licensing of pilots 34 Pilotage exemption certificate 35 Compulsory pilotage 36 Duties and immunities of pilots Part 7—Boat operator's licence etc 46 Vessels to which this Part applies 47 Requirement for boat operator's licence, exemption or permit 47A Requirements for operators of hire and drive vessels 48 Issue of boat operator's licence or exemption 49 Cancellation of boat operator's licence by court 50 Cancellation of boat operator's licence by CE Part 8—Hire of vessels 51 Vessels to which this Part applies 52 Obligation to hold licence 52A Duration and granting of licence 53 Terms and conditions of licence Part 9—Registration and Australian Builders Plates Division 1—Registration of vessels 54 Application of Division 55 Registration Division 4—Australian Builders Plates 64A Application of Division 64B Certain vessels not to be sold without Australian Builders Plate affixed etc 64C General defence Part 10—Safety Division 1—Safety generally 65 General requirements 65A Requirement to have emergency position indicating radio beacon 66 Power to prohibit use etc of unsafe vessel 67 Minister's power to act in an emergency Division 2—CE may require survey 68 CE may require survey Division 3—Operation of vessels 69 Careless operation of a vessel 69A Dangerous operation of a vessel Division 4—Alcohol and other drugs 70 Alcohol and other drugs 71 Authorised person may require alcotest or breath analysis 72 Authorised person may require drug screening test, oral fluid analysis and blood test 72A Schedule 1A further regulates blood and oral fluid sample processes 72C Concentration of alcohol in breath taken to indicate concentration of alcohol in blood 73 Evidence 73A Breath analysis where drinking occurs after operation of vessel 73B Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel 74 Compulsory blood tests of injured persons including water skiers Part 11—Accidents 75 Casualties to be reported 76 Duty to give assistance and provide particulars Part 12—Court of Marine Enquiry Division 1—Constitution of Court 77 Constitution of Court Division 2—Enquiries into casualties 78 Enquiries into casualties Division 3—Enquiries into misconduct or incompetence 79 Enquiries into misconduct or incompetence Division 4—Administrative review 80 Review of administrative decisions Part 13—Application of Navigation Act 2012 and International Conventions 81 Application of Navigation Act 2012 82 Agreement between the Commonwealth and the State Part 14—Miscellaneous 83 Exemptions 84 Conduct on board vessels 85 Unlawful use of vessels 87 Evidentiary provision 89 Officers' liability 90 Fees and charges to be paid into separate fund 90AA Facilities levy 90A Facilities Fund 91 Regulations and fee notices Schedule 1—Harbors 1 Harbors to which this Act applies Schedule 1A—Blood and oral fluid sample processes Part 1—Preliminary 1 Interpretation Part 2—Processes relating to blood samples under Part 10 Division 4 2 Blood sample processes generally 4 Police officer to be present when blood sample taken 5 Cost of blood tests under certain sections 6 Provisions relating to medical practitioners etc Part 3—Processes relating to oral fluid samples under section 72 7 Oral fluid sample processes Part 4—Other provisions relating to blood or oral fluid samples under Part 10 Division 4 8 Blood or oral fluid sample or results of analysis etc not to be used for other purposes 9 Destruction of blood or oral fluid sample taken under Part 10 Division 4 Schedule 2—Transitional provisions 2 Transitional provisions 3 Vesting of land etc held in name of Minister of Marine Legislative history