Lighthouses Act 1911
Act No. 14 of 1911 as amended
This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011
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.
Finance Minister means the Minister administering the Financial Management and Accountability Act 1997.
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…
Overview
The Lighthouses Act 1911, enacted by the Commonwealth Parliament, was introduced to provide a legal framework for the acquisition, establishment, maintenance, and regulation of marine navigational aids, including lighthouses, lightships, beacons, and buoys, to ensure safe maritime navigation. The Act empowers the Commonwealth to acquire these aids from states or private entities through agreement or, if necessary, by compulsory process, ensuring their control and maintenance under the Australian Maritime Safety Authority. The legislation also outlines the powers of the Authority to inspect, maintain, and modify these aids, as well as the consequences for damaging or interfering with them, thus addressing the need for a cohesive and federally managed system of marine navigational aids across Australia.
Scope and Application
The Lighthouses Act 1911 applies to the establishment, maintenance, and regulation of marine navigational aids, which include lighthouses, lightships, beacons, buoys, and other devices or structures aiding marine navigation. The Act extends to the Australian Commonwealth, the Territory of Cocos (Keeling) Islands, the Coral Sea Islands Territory, and any other territories to which the Governor-General declares the Act to apply. The Australian Maritime Safety Authority (AMSA) is designated as the authority responsible for the establishment and maintenance of these aids, as well as the enforcement of regulations and penalties associated with them. The Act also provides for the acquisition of marine navigational aids by the Commonwealth, either through agreement with states or, in the absence of such agreements, through compulsory acquisition processes. Offences related to the destruction, damage, obstruction, or interference with marine navigational aids are defined and carry substantial penalties, with the degree of penalty varying according to the intent behind the offence—intentional, reckless, or negligent. Additionally, the Act outlines procedures for reporting damage to navigational aids and the process for fixing light dues through subordinate regulations. The Act incorporates the Criminal Code for the application of criminal responsibility to offences created by the Act.
Key Provisions
- The Lighthouses Act 1911, as amended, governs the establishment, maintenance, and protection of marine navigational aids in Australia. Section 5 of the Act allows the Commonwealth to enter into agreements with states or individuals for the acquisition of marine navigational aids, which include lighthouses, lightships, beacons, buoys, and other navigational devices. Section 6 ensures that any instrument or assurance for the transfer of such aids to the Commonwealth is valid and effectual. Section 6A allows the Commonwealth to acquire marine navigational aids by compulsory process if an agreement cannot be reached with the state. Section 7 empowers the Australian Maritime Safety Authority (AMSA) to establish and maintain these aids, and Section 8 provides AMSA with the authority to inspect and maintain any navigational aid that may affect the safety or convenience of navigation.
- The Act imposes several obligations on parties and entities it governs. Section 10 mandates that AMSA can require the modification, removal, or alteration of any marine navigational aid if deemed necessary for the safety of navigation. Harbour authorities and local authorities must report on the control and description of lights and navigational aids under their jurisdiction as per Section 11. Furthermore, Section 12 provides immunity to AMSA, its members, the Minister, and officers from any civil actions resulting from defects in or due to the management of marine navigational aids.
- The Act also outlines various offences and penalties for breaches. Section 19 and its subsections detail offences related to the intentional, reckless, or negligent destruction, fouling, damage, obstruction, or interference with marine navigational aids, with penalties including imprisonment and fines. For instance, intentionally destroying or damaging a marine navigational aid carries a penalty of imprisonment for up to 10 years (Section 19(1)), while recklessly doing so results in a penalty of up to 7 years of imprisonment (Section 19A(1A)). Trespassing on marine navigational aids or property used by AMSA is punishable by a fine of up to 10 penalty units (Sections 19Q and 19S). Additionally, Section 19A requires that any damage to a marine navigational aid must be compensated, and Section 19B mandates that any damage caused by a person or ship must be reported to a prescribed officer, with failure to report being an offence carrying a penalty of up to 60 penalty units.
- In conclusion, the Lighthouses Act 1911 establishes a comprehensive framework for the management and protection of marine navigational aids in Australia, detailing the acquisition and maintenance processes, the obligations of various authorities, and the legal consequences of non-compliance.
- Area of Law
- Environmental Law
- Maritime Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
