Control of Naval Waters Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 2061

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Control of Naval Waters Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Control of Naval Waters Act 1918.

Dated 26 June 1990.

BILL HAYDEN

Governor-General.

By His Excellency’s Command.

Robert Ray

Minister of State for Defence

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Commencement

1. These Regulations commence on the date of commencement of the Control of Naval Waters Amendment Act 1978.

Principal Regulations

2. In these Regulations. “Principal Regulations” means the Control of Naval Waters Regulations.

Repeal

3. Regulation 2 of the Principal Regulations is repealed.

4. Regulations 4 and 5 of the Principal Regulations are repealed and the following regulations substituted:

 

(S.R. 127/89)—Cat. No. 14/7.5.1990

Entry into, or onto the foreshore of, naval waters

“4. (1) Where the superintendent of naval waters is satisfied that it is in the interests of:

(a) public safety; or

(b) the safety of property; or

(c) the defence of the Commonwealth;

the superintendent may, by notice, prohibit or restrict the entry of:

(d) vessels or persons into the naval waters or any specified part of the naval waters; or

(e) vehicles or persons onto the foreshore of the naval waters or any specified part of that foreshore.

“‘(2) A prohibition or restriction under subregulation (1) may be:

(a) absolute; or

(b) subject to any approval given by the superintendent by notice; or

(c) subject to any conditions imposed by the superintendent by notice.

“(3) The superintendent of naval waters must cause a notice under subregulation (1) or paragraph (2) (b) or (c) to be given to such person or persons, in such manner, at such time and in such place as is reasonably required for the protection of the public, or any person who may be affected by the use by the Commonwealth of the naval waters, as the case may be, having regard to:

(a) the purpose for which those waters are used by the Commonwealth; and

(b) the time when those waters are so used; and

(c) the risk of injury to persons; and

(d) the risk of damage to, or interference with, Commonwealth or other property; and

(e) the forms of communication and the time available for giving the notice.

“(4) A person must not, knowingly or recklessly, contravene the requirements of a notice given under this regulation.

Penalty: $500.

“(5) Nothing in regulation 6, 7, 9, 10, 11, 12, 15, 16, 28, 30 or 31 affects the operation of this regulation.

Removal from naval waters or the foreshore of naval waters

“5. The superintendent of naval waters may cause to be removed from, or from the foreshore of, those waters:

(a) persons who, in those waters or on that foreshore, have contravened these Regulations; or

(b) persons who, by entering into those waters or onto that foreshore, have contravened these Regulations.”.

Vessels not to impede approaches

5. Regulation 6 of the Principal Regulations is amended:

(a) by inserting “,without reasonable excuse.” after “not”;

(b) by inserting “or anchored, in naval waters” after “moored”;

(c) by adding at the end;

“Penalty: $1,000.”.

Making vessels fast to forts etc.

6. Regulation 7 of the Principal Regulations is amended;

(a) by inserting “without reasonable excuse” before “make the vessel” in subregulation (1);

(b) by inserting after subregulation (1);

“Penalty: $500.”;

(c) by adding at the end the following subregulation:

“(4) A master of a vessel must not without reasonable excuse contravene a term or condition of a permission granted under this regulation.

Penalty: $500.”.

Vessels not to anchor near Commonwealth moorings

7. Regulation 9 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse,” after “not”;

(b) by adding at the end;

“Penalty: $1,000.”.

Vessels not to anchor near navigable channels in naval waters

8. Regulation 10 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse,” after “not”;

(b) by adding at the end;

“Penalty: $1,000.”.

Vessels or persons not to be near installations etc.

9. Regulation 11 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse,” after “not”;

(b) by adding at the end:

“Penalty: $1,000.

“(2) The master of a vessel must not, without reasonable excuse, cause or permit the vessel or a person under his or her control to interfere with an installation in naval waters without the permission in writing of the superintendent of those waters.

Penalty: $1,000.

“(3) A person must not, without reasonable excuse:

(a) enter, or remain in, any naval waters within 100 metres of any installation, exempt vessel or any other vessel in the naval waters or on the foreshore of the naval waters; or

(b) enter onto, or remain on, the foreshore of any naval waters within 100 metres of any installation, exempt vessel or any other vessel in the naval waters or on that foreshore;

without the permission in writing of the superintendent of those waters.

Penalty: $500.

“(4) A person must not, without reasonable excuse, interfere with an installation in naval waters or on the foreshore of naval waters without the permission in writing of the superintendent of those waters.

Penalty: $1,000.”.

10. Regulation 12 of the Principal Regulations is repealed and the following regulation substituted:

Vessel not to approach installations

“12. The master of a vessel must not, without permission in writing of the superintendent, without reasonable excuse cause or permit the vessel to approach within 30 metres of an installation, exempt vessel or any other vessel, in naval waters, unless proceeding on Commonwealth business to or from the installation or vessel.

Penalty: $500.”.

Moorings not to be laid in naval waters without permission

11. Regulation 13 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “No person shall” and substituting “A person must not, without reasonable excuse,”;

(b) by inserting after subregulation (1):

“Penalty: $1,000.”.

Vessels not to anchor near electric cables in naval waters

12. Regulation 15 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse,”, after “not”;

(b) by adding at the end:

“Penalty: $500.”.

Objects hooking moorings etc. to be cleared under directions of superintendent

13. Regulation 16 of the Principal Regulations is amended by inserting “, or any other object that is part of or attached to,” after “anchor of”.

Repeal

14. Regulations 17, 18, 19 and 21 of the Principal Regulations are repealed.

Crew numbers

15. Regulation 22 of the Principal Regulations is amended by omitting “shall” from subregulations (1) and (2) and substituting “must, if required by the superintendent of those waters by notice in writing,”.

Repeal

16. Regulation 23 of the Principal Regulations is repealed.

Refuse etc. not to be deposited in or near naval waters

17. Regulation 25 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse,” after “shall not”;

(b) by omitting “or filth” and substituting “fuel, oil or pollutant”;

(c) by omitting “washed into” and substituting “washed into,”; and

(d) by adding at the end:

“Penalty: $1,000.

“(2) Nothing in this regulation affects the operation of any law of a State or Territory.”.

Vessels not to be cleaned without permission

18. Regulation 26 of the Principal Regulations is amended:

(a) by inserting “, without reasonable excuse.” after “shall not”;

(b) by adding at the end:

“Penalty: $1,000.”.

Repeal

19. Regulation 27 of the Principal Regulations is repealed.

20. Regulation 28 of the Principal Regulations is repealed and the following regulation substituted:

Speed of vessels in naval waters

“28. (1) Where the superintendent of naval waters is satisfied that it is in the interests of:

(a) public safety; or

(b) the safety of property; or

(c) the defence of the Commonwealth;

the superintendent may, by notice, give directions concerning the speed of vessels in naval waters or any specified part of naval waters.

“(2) A direction under subregulation (1) may be:

(a) absolute; or

(b) subject to any approval given by the superintendent by notice; or

(c) subject to any conditions imposed by the superintendent by notice.

“(3) The superintendent of naval waters must cause a notice under subregulation (1) or paragraph (2) (b) or (c) to be given to such person or persons, in such manner, at such time and in such place as is reasonably required for the protection of the public, or any person who may be affected by the use by the Commonwealth of the naval waters, as the case may be, having regard to:

(a) the purpose for which those waters are used by the Commonwealth; and

(b) the time when those waters are so used; and

(c) the risk of injury to persons; and

(d) the risk of damage to, or interference with, Commonwealth or other property; and

(e) the forms of communication and the time available for giving the notice.

“(4) A person must not, knowingly or recklessly, contravene the requirements of a notice given under this regulation.

Penalty: $500.”.

Guns not to be discharged

21. Regulation 29 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1) A person must not, knowingly or recklessly, discharge a gun, firearm or air-gun over naval waters from a boat or vessel or from the shore.

Penalty: $500.”.

Vessels with dangerous cargoes not to enter naval waters without permission

22. Regulation 30 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “shall not” and substituting “must not, without reasonable excuse,”;

(b) by inserting after subregulation (1):

“Penalty: $1,000.”;

(c) by omitting subregulation (4).

Vessels carrying dangerous cargoes to display signals

23. Regulation 31 of the Principal Regulations is amended:

(a) by omitting “, while in naval waters, exhibit at the masthead” and substituting “not, without reasonable excuse, while in naval waters, fail to prominently display”;

(b) by adding at the end:

“Penalty: $500.”.

Repeal

24. Regulation 33 of the Principal Regulations is repealed.

Construction in, or on the foreshore of, naval waters

25. Regulation 34 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “or on the foreshore of” and substituting “, or on the foreshore of,”;

(b) by omitting from subregulation (2) “or near the foreshore of” and substituting “, or on the foreshore of,”;

(c) by omitting from subregulation (2) “, shall be guilty of an offence against these Regulations, and”.

26. After regulation 35 of the Principal Regulations the following regulation is inserted:

Delegation

“35a. The superintendent of naval waters may, by instrument in writing, delegate to an officer of the Defence Force holding a rank not below that of Lieutenant-Commander, Major or Squadron-Leader all or any of his or her powers and functions under these Regulations in relation to those waters.”.

Penalties

27. Regulation 36 of the Principal Regulations is repealed.

Amendments in relation to superintendents, Commonwealth moorings and exempt vessels

28. The Principal Regulations are amended as set out in the Schedule.

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SCHEDULE Regulation 28

AMENDMENTS IN RELATION TO SUPERINTENDENTS OF NAVAL WATERS, COMMONWEALTH MOORINGS AND EXEMPT VESSELS

Regulation 3

Omit “any naval ships”, substitute “exempt vessels”.

Subregulation 7 (1)

(a) Omit “Senior Naval Officer,” substitute “superintendent of naval waters”.

(b) Omit “Government”, substitute “Commonwealth”.

(c) Omit “naval ships, in naval”, substitute “exempt vessels in those”.

Subregulation 7 (2)

Omit “Senior Naval Officer”, substitute “superintendent”.

Subregulation 7 (3)

(a) Omit “Government”, substitute “Commonwealth”.

(b) Omit “naval ships”, substitute “exempt vessels”.

Regulation 8

Omit “Senior Naval Officer shall place in naval”, substitute “superintendent of naval waters shall place in those”.

Regulation 9

(a) Omit “Senior Naval Officer”, substitute “superintendent”.

(b) Omit “Government”, substitute “Commonwealth”.

(c) Omit “naval ships”, substitute “exempt vessels”.

Regulation 11

(a) Omit “vessel or naval ship”, substitute “exempt vessel or any other vessel”.

(b) Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

Regulation 13 (1)

Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

Subregulation 13 (2)

Omit “Senior Naval Officer”, substitute “superintendent”.

SCHEDULE—continued

Regulation 14

(a) Omit “Senior Naval Officer” (first occurring), substitute “superintendent of naval waters”.

(b) Omit “naval”, substitute “those”.

(c) Omit “Senior Naval Officer” (second and third occurring), substitute “superintendent”.

Regulation 16

(a) Omit “Government”, substitute “Commonwealth”.

(b) Omit “Senior Naval Officer” (first occurring), substitute “superintendent of those waters”.

(c) Omit “Senior Naval Officer” (second occurring), substitute “superintendent”.

Regulation 25

Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

Regulation 26

Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

Subregulation 30 (1)

Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

Subregulations 30 (2) and (3)

Omit “Senior Naval Officer”, substitute “superintendent”.

Subregulation 34 (2)

(a) Omit “Senior Naval Officer” (first occurring), substitute “superintendent of those waters”.

(b) Omit “Senior Naval Officer” (second occurring), substitute “superintendent”.

Regulation 35

Omit “Senior Naval Officer”, substitute “superintendent of those waters”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 July 1990.

2. Statutory Rules 1922 No. 74 as amended by 1927 No. 147; 1931 No. 7; 1935 No. 92; 1937 No. 12; 1938 No. 43; 1941 No. 145; 1943 Nos. 71, 216 and 310; 1947 Nos. 45 and 117; 1948 No. 148; 1953 No. 60; 1955 No. 22; 1959 No. 32; 1969 No. 171; 1975 No. 178; 1976 No. 25.

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