Lighthouses Act 1919

Overview

The Lighthouses Act 1919 was enacted to amend the existing Lighthouses Act 1911–1915, addressing the need for enhanced liability and reporting requirements in cases where lighthouses or marine marks are damaged. This Act was assented to by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 2nd October 1919. It introduces provisions that hold individuals or entities responsible for the cost of repairs or replacements of damaged or destroyed lighthouses or marine marks, unless they can prove the damage was not due to wilfulness, negligence, misconduct, or lack of skill. Furthermore, it mandates timely reporting of such damages to the Collector at the nearest port, with specified deadlines depending on whether the damage was caused by a ship or otherwise, and imposes a penalty for non-compliance.

Scope and Application

The Lighthouses Act 1919, which amends the Lighthouses Act 1911–1915, applies to any individual or entity that causes damage to a lighthouse or marine mark within Australian waters. This includes the master, owner, agent, or charterer of a ship that may damage such structures, making them liable for the cost of repair or replacement unless they can prove the damage was not due to any fault on their part. The Act applies nationally across the Commonwealth of Australia, mandating that any person or ship causing damage to report it to the Collector at the nearest port within specified timeframes. This legislation thus encompasses both personal and corporate responsibility for maintaining the integrity of navigational aids, ensuring they remain functional for maritime safety. The Act does not explicitly state any exclusions or exemptions, though its provisions are subject to any further amendments or subordinate instruments that may extend or restrict its application.

Key Provisions

The Lighthouses Act 1919 introduces amendments to the existing Lighthouses Act 1911–1915, primarily focusing on the repercussions for damage to lighthouses and marine marks. Section 2 of the Act adds two new sections, 19a and 19b, to the Principal Act. Section 19a states that if a lighthouse or marine mark is damaged or destroyed by any person or vessel, the responsible party – whether an individual or the master, owner, agent, or charterer of the ship – must compensate the Commonwealth for the cost of repairing or replacing the damaged structure. This liability is contingent upon the responsible party failing to prove that the damage was not caused by wilfulness, negligence, misconduct, or lack of skill (s. 19a). Entities and individuals affected by the Act must comply with the obligation to report any damage to a lighthouse or marine mark. Specifically, if the damage is caused by a ship, the master of the ship must report the incident to the Collector at the ship's first port of call in Australia within 24 hours of the ship's arrival at that port (s. 19b(a)). For damage caused by any other means, the responsible person must notify the Collector at the port nearest to the site of the damage within 48 hours of the incident occurring (s. 19b(b)). Failure to comply with these reporting requirements results in a penalty of one hundred pounds. The Act also delineates the consequences for non-compliance with its provisions. Section 19b explicitly states that any breach of the reporting requirements outlined in that section incurs a penalty of one hundred pounds. This penalty is a civil enforcement measure designed to ensure that damage to critical maritime navigational aids is reported promptly, thereby facilitating swift repair or replacement and minimising disruptions to maritime navigation. The specified penalty amount serves as a deterrent against neglect in reporting such incidents, thereby reinforcing the importance of maintaining the integrity of maritime infrastructure.