LIGHTHOUSES ACT 1911
- Updated as at 23 August 1993 (HISTACT CHAP 1141 #DATE 23:08:1993)
*1* The Lighthouses Act 1911 as shown in this reprint comprises Act No. 14,
1911 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
Year transitional
provisions
Lighthouses Act 1911
14, 1911 22 Dec 1911 1 July 1915 (see Gazette
1915, p. 1183)
Lighthouses Act 1915
17, 1915 28 June 1915 1 July 1915 (see -
s. 2 and Gazette
1915, p. 1183)
Lighthouses Act 1919
6, 1919 2 Oct 1919 2 Oct 1919 -
Lighthouses Act 1942
35, 1942 12 June 1942 10 July 1942 -
Lighthouses Act 1949
36, 1949 13 July 1949 10 Aug 1949 -
Lands Acquisition Act 1955
69, 1955 4 Nov 1955 16 Feb 1956 (see S. 67 (3)
Gazette 1956, (rep. by 19,
p. 472) 1979, s. 58)
as
amended
by
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979
19, 1979 28 Mar 1979 Parts II to XVI S. 58 (2)
(ss. 3-122) and
Part XVII (s. 123):
15 May 1979 (see
Gazette 1979, No. S86)
Remainder: Royal Assent
Lighthouses Act 1957
9, 1957 24 Apr 1957 22 May 1957 -
Lighthouses Act 1961
63, 1961 24 Oct 1961 24 Oct 1963 (see -
Gazette 1963, p. 3769)
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Lighthouses Act 1970
106, 1970 4 Nov 1970 4 Nov 1970 -
Lighthouses Act 1972
61, 1972 31 Aug 1972 1 Feb 1973 (see -
Gazette 1973, No. 11)
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
as
amended
by
20, 1974 25 July 1974 31 Dec 1973 -
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 1978 12 June 1978 S. 8
Lighthouses Amendment Act 1979
99, 1979 22 Oct 1979 22 Oct 1979 -
Lands Acquisition (Repeal and Consequential Provisions) Act 1989
21, 1989 20 Apr 1989 9 June 1989 (see -
s. 2 and Gazette
1989, No. S185)
Marine Navigation Levy Collection Act 1989
162, 1989 18 Dec 1989 1 July 1990 (see -
s. 2)
Australian Maritime Safety Authority Act 1990
78, 1990 Ss. 35, 48, Remainder:
62 and 63: Royal Assent
1 Jan 1991
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 106, 1970
Heading preceding s. 1 rep. No. 216, 1973
Heading to Part I ad. No. 216, 1973
S. 3 am. No. 35, 1942; No. 106, 1970;
No. 99, 1979; No. 162, 1989;
No. 78, 1990
S. 4 rep. No. 35, 1942
ad. No. 36, 1949
am. No. 9, 1957; No. 106, 1970;
No. 61, 1972; No. 216,1973;
No. 162, 1989
Heading preceding s. 5 rs. No. 106, 1970
rep. No. 216, 1973
Heading to Part II ad. No. 216, 1973 (as am. by No.
20, 1974)
Ss. 5, 6 am. No. 106, 1970; No. 216, 1973
S. 6A ad. No. 17, 1915
am. No. 69, 1955; No. 93, 1966;
No. 106, 1970; No. 216, 1973;
No. 36, 1978; No. 21, 1989
S. 7 am. No. 9, 1957
rs. No. 106, 1970
am. No. 99, 1979; No. 78, 1990
S. 8 rs. No. 35, 1942
am. No. 93, 1966; No. 106, 1970;
No. 78, 1990
S. 9 rep. No. 36, 1949
S. 10 am. No. 93, 1966; No. 106, 1970;
No. 78, 1990
S. 11 am. No. 106, 1970
S. 12 am. No. 106, 1970; No. 78, 1990
Heading preceding s. 13 rep. No. 216, 1973
Heading to Part III ad. No. 216, 1973
Part III (ss. 13-18) rep. No. 162, 1989
S. 13 am. No. 35, 1942
rep. No. 162, 1989
S. 14 rep. No. 162, 1989
S. 15, 16 am. No. 106, 1970
rep. No. 162, 1989
Ss. 17, 18 rep. No. 162, 1989
Heading preceding s. 19 rep. No. 216, 1973
Heading to Part IV ad. No. 216, 1973
S. 19 am. No. 9, 1957; No. 93, 1966;
No. 106, 1970; No. 78, 1990
S. 19A ad. No. 6, 1919
am. No. 9, 1957; No. 106, 1970;
No. 78, 1990
S. 19B ad. No. 6, 1919
rs. No. 36, 1949; No. 9,1957;
No. 63, 1961
am. No. 93, 1966; No. 106, 1970;
No. 78, 1990
Heading preceding s. 20 rep. No. 216, 1973
Heading to Part V ad. No. 216, 1973
LIGHTHOUSES ACT 1911 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART 1 - PRELIMINARY
1. Short Title
2. Commencement
3. Interpretation
4. Application to Territories
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. Injuring lighthouses etc.
19A. Damage to be made good
19B. Notice of damage to be given
PART V - REGULATIONS
20. Regulations fixing light dues
LIGHTHOUSES ACT 1911 - LONG TITLE
SECT
An Act relating to Lighthouses, Lightships, Beacons, Buoys
and other Marine Navigational Aids
LIGHTHOUSES ACT 1911 - PART I
PART I - PRELIMINARY
LIGHTHOUSES ACT 1911 - SECT 1
Short title
SECT
1. This Act may be cited as the Lighthouses Act 1911.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
LIGHTHOUSES ACT 1911 - SECT 2
Commencement
SECT
2. This Act shall commence on a day to be fixed by Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
LIGHTHOUSES ACT 1911 - SECT 3
Interpretation
SECT
3. 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.
LIGHTHOUSES ACT 1911 - SECT 4
Application to Territories
SECT
4. (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.
LIGHTHOUSES ACT 1911 - PART II
PART II - MARINE NAVIGATIONAL AIDS
LIGHTHOUSES ACT 1911 - SECT 5
Acquisition of lighthouses etc.
SECT
5. (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.
LIGHTHOUSES ACT 1911 - SECT 6
Transfer of lighthouses etc. to be valid and effectual
SECT
6. 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.
LIGHTHOUSES ACT 1911 - SECT 6A
Acquisition of lighthouses by compulsory process
SECT
6A. (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 id 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.
LIGHTHOUSES ACT 1911 - SECT 7
Power to establish and maintain lighthouses etc.
SECT
7. The Commonwealth may:
(a) establish and maintain lighthouses, lightships, beacons or buoys and,
for the purpose of giving effect to the undertaking of the Authority 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.
LIGHTHOUSES ACT 1911 - SECT 8
Powers of inspection and maintenance
SECT
8. (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 he 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.
(2) A person shall not hinder or obstruct the Authority or authorised person
in exercising powers under this section.
Penalty: One hundred dollars.
LIGHTHOUSES ACT 1911 - SECT 10
Powers in relation to lights and navigational aid
SECT
10. (1) The Authority may, by notice in writing, whenever in its opinion it
is desirable for the safety or convenience of navigation so to do, require the
owner of any marine navigational aid or of any lamp or light:
(a) to remove it entirely or to some other position; or
(b) to modify it or to alter its character to such an extent and in such
manner as the Authority directs; or
(c) to refrain from lighting the lamp either entirely or for such period as
the Authority directs; or
(d) to cease from exhibiting the light either entirely or for such period as
the Authority directs.
(2) It shall be the duty of the owner to comply with any notice served upon
him in pursuance of this section.
(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) No person shall without reasonable cause (proof whereof shall lie upon
him) fail to comply with a notice under this section.
Penalty: One hundred dollars.
(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).
LIGHTHOUSES ACT 1911 - SECT 11
Returns of harbour light and navigational aid
SECT
11. 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.
LIGHTHOUSES ACT 1911 - SECT 12
Protection from actions
SECT
12. 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.
LIGHTHOUSES ACT 1911 - PART IV
PART IV - OFFENCES
LIGHTHOUSES ACT 1911 - SECT 19
Injuring lighthouses etc.
SECT
19. (1) A person shall not:
(a) wilfully or negligently injure, damage, destroy, or run foul of any
marine navigational aid the property of, or under the control of, the
Authority, or any light exhibited on any such marine navigational aid or any
ship, vessel, stores, equipment, or other property used by the Authority in
connexion with the establishment, maintenance or servicing of marine
navigational aids;
(b) wilfully or negligently do anything which causes the view of any
lighthouse, lightship, beacon or buoy the property of, or under the control
of, the Authority to be obstructed in such a manner as to lessen its
efficiency;
(ba) wilfully or negligently do anything which interferes with the operation
of, or the use by a person of, a marine navigational aid the property of, or
under the control of, the Authority so as to hinder the effective operation,
or use, of the aid;
(c) without lawful authority remove, alter, ride by, or make fast to any
marine navigational aid the property of, or under the control of, the
Authority; or
(d) trespass on or without lawful authority enter or go upon any marine
navigational aid the property of, or under the control of, the Authority, or
any ship, vessel, or property used by the Authority in the establishment,
maintenance or servicing of arine navigational aids.
Penalty: Two hundred dollars.
(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, orunder
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.
LIGHTHOUSES ACT 1911 - SECT 19A
Damage to be made good
SECT
19A. 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.
LIGHTHOUSES ACT 1911 - SECT 19B
Notice of damage to be given
SECT
19B. 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: Two hundred dollars.
LIGHTHOUSES ACT 1911 - PART V
PART V - REGULATIONS
LIGHTHOUSES ACT 1911 - SECT 20
Regulations fixing light dues
SECT
20. 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.