Lighthouses Act 1911

Act No. 14 of 1911 as amended

This compilation was prepared on 4 May 2006
taking into account amendments up to Act No. 24 of 2006

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part I—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Application to Territories

4A Application of the Criminal Code

Part II—Marine Navigational Aids

5 Acquisition of lighthouses etc.

6 Transfer of lighthouses etc. to be valid and effectual

6A Acquisition of lighthouses by compulsory process

7 Power to establish and maintain lighthouses etc.

8 Powers of inspection and maintenance

10 Powers in relation to lights and navigational aid

11 Returns of harbour light and navigational aid

12 Protection from actions

Part IV—Offences

19 Destroying or damaging marine navigational aids etc.

19A Damage to be made good

19B Notice of damage to be given

Part V—Regulations

20 Regulations fixing light dues

Notes

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 or him 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 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, 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.

Notes to the Lighthouses Act 1911

Note 1

The Lighthouses Act 1911 as shown in this compilation comprises Act No. 14, 1911 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

(a) The Lighthouses Act 1911 was amended by the Schedule (item 51) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(1) of which provides as follows:

 (1) Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.

(b) The Lighthouses Act 1911 was amended by Schedule 2 (items 69 and 70) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

 (2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

  Items 69 and 70 are taken to have commenced immediately after the commencement of section 62 of the Australian Maritime Safety Authority Act 1990. Section 62 of the Australian Maritime Safety Authority Act 1990 commenced on 1 January 1991.

Table of Amendments

Table A

Application, saving or transitional provisions

Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)

4  Application of Amendments

 (1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

 (2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Maritime Legislation Amendment Act 2006 (No. 24, 2006)

Schedule 1

4  Saving provision—notices in force under subsection 10(1)

Any notice served by the Authority under subsection 10(1) of the Lighthouses Act 1911 as in force immediately before the date of commencement of the amendments of that Act by this Act has effect, on and after that date, as if it were a notice served under subsection 10(1) of that Act as amended by this Act.