Customs Act 1901

PART II - ADMINISTRATION  

SECTION 5B   INSTALLATION OF OVERSEAS SEA INSTALLATIONS  

5B(1)  


A person shall not cause an overseas sea installation to be installed in an adjacent area or a coastal area.

Penalty: 500 penalty units.

5B(1A)  


Subsection (1) does not apply if the person has the permission of the Comptroller-General of Customs given under subsection (2).

5B(2)  


The Comptroller-General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so installed.

5B(3)  


A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)) to which that permission is subject.

Penalty: 100 penalty units.

5B(4)  


Where the Comptroller-General of Customs has, under subsection (2), given a person permission to cause an overseas sea installation to be installed in an adjacent area or a coastal area, the Comptroller-General of Customs may, at any time before that installation is so installed, by notice in writing served on the person:


(a) revoke the permission;


(b) revoke or vary a condition to which the permission is subject; or


(c) impose new conditions to which the permission is to be subject.

5B(5)  


Without limiting the generality of subsection (2), conditions to which a permission given under that subsection in relation to a sea installation may be subject include:


(a) conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and


(b) conditions requiring the owner of the installation, to bring the installation to a place specified by the Comptroller-General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is installed in an adjacent area or a coastal area.


 

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