33FHarbourmasters' general powers

1. For the purposes of ensuring maritime safety, or enforcing secondary legislation (including bylaws) made under this Act relating to maritime safety, a harbourmaster may, in relation to the areas for which he or she has been appointed as a harbourmaster by the regional council,—

2. enter and remain on any ship in waters within the region:
3. enter and remain on any maritime facility, or on any land or property of a port company or a port operator, within the region:
4. give directions regarding—
   1. the time and manner in which ships may enter into, depart from, lie in, or navigate waters within the region:
   2. the position, mooring, unmooring, placing, removing, securing, or unsecuring of ships:
   3. the manner in which ships may take in or discharge cargo:
   4. the manner in which cargo is secured or handled on a ship if there is a risk of cargo falling overboard or becoming a hazard to navigation:
5. direct the master of any ship to—
   1. weigh anchor; or
   2. moor, unmoor, anchor, secure, unsecure, place, or move the ship:
6. cause a ship to be moored, unmoored, anchored, secured, unsecured, placed, or removed, or to weigh anchor:
7. cause any floating, submerged, or stranded object that the harbourmaster considers to be a hazard to navigation to be moored, unmoored, anchored, secured, unsecured, placed, or removed:
8. require any person appearing to be in charge of any ship or seaplane to stop, and to give his or her name and address:
9. require any person found committing an offence against this Act (or any secondary legislation (including bylaws) made under this Act) to give his or her name and address:
10. on informing the owner of a ship or seaplane of an alleged offence against this Act (or any secondary legislation (including bylaws) made under this Act) involving that ship or seaplane, require the owner to give all information in the owner's possession or obtainable by the owner that may lead to the identification of the person (not being the owner) who it is alleged committed the offence:
11. regulate and control traffic and navigation on the occasion of unusual or extraordinary maritime traffic.

12. A harbourmaster may exercise the powers under subsection (1) with the assistance of any persons and equipment the harbourmaster reasonably considers necessary in the circumstances.

13. A harbourmaster exercising a power under subsection (1)(a) or (b) must—

14. announce his or her intention to enter and search the ship or place; and
15. identify himself or herself by name; and
16. produce evidence of his or her identity.

17. However, a harbourmaster is not required to comply with subsection (3) if he or she has reasonable grounds to believe that—

18. no person is lawfully present in the ship or place to be entered; or
19. compliance with subsection (3) would—
    1. endanger the safety of any person; or
    2. prejudice the successful exercise of the power of entry.

20. The expenses incurred by a harbourmaster under subsection (1)(e) or (f) are—

21. payable by,—
    1. in the case of subsection (1)(e), the master and the owner of the ship:
    2. in the case of subsection (1)(f), the owner of the object; and
22. recoverable as a debt owed to the council.

23. Every person who, without reasonable excuse, fails to comply with a direction or requirement given or imposed under subsection (1) commits an offence and is liable,—

24. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000:
25. in the case of a body corporate, to a fine not exceeding $100,000:
26. in any case, to an additional penalty under section 409.

27. Any person affected by a direction given under subsection (1)(c) may appeal against that direction to the District Court under section 424.