Harbors and Navigation (Miscellaneous) Variation Regulations 2009 (SA)

South Australia

Harbors and Navigation (Miscellaneous) Variation Regulations 2009

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Harbors and Navigation Regulations 2009

1. Variation of regulation 12—Special rule in relation to sailing on Port Adelaide River

2. Variation of regulation 189—Port River Expressway Bridges

3. Variation of Schedule 5—Restricted areas

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation (Miscellaneous) Variation Regulations 2009.

2—Commencement

These regulations will come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Harbors and Navigation Regulations 2009

4—Variation of regulation 12—Special rule in relation to sailing on Port Adelaide River

1. Regulation 12(1)—delete subregulation (1) and substitute:

   (1)A person must not, without the approval of the CEO, operate a vessel under sail power alone in the waters of the Port Adelaide River—

   (a)west of the Birkenhead Bridge; or

   (b)in No 1 Dock.

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. Regulation 12—after subregulation (3) insert:

   (4)In this regulation—

   No 1 Dock means the waters of the Port Adelaide River east of a line being the prolongation generally south of the western boundary of Piece 118 of Deposited Plan 79638.

   Note—

   The following map is provided for convenience of reference only.

5—Variation of regulation 189—Port River Expressway Bridges

1. Regulation 189(6)(f)—delete paragraph (f) and substitute:

   (f)subject to any direction of the person operating the bridge to the contrary, he or she must ensure that the vessel, when being navigated under the bridge—

   (i)in the case of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge—is not operated within the navigation pass; or

   (ii)in any other case—is only operated within the navigation pass;

2. Regulation 189(6)—after paragraph (k) insert:

   (l)in the case of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge—he or she must not stop the vessel within 10 metres of the bridge.

3. Regulation 189—after subregulation (7) insert:

   (7a)Paragraphs (a), (i) and (j) of subregulation (6) do not apply to the master or operator of a sailing vessel, operated under sail power alone, that does not require the bridge to be opened to navigate under the bridge.

6—Variation of Schedule 5—Restricted areas

1. Schedule 5 Part 1 clause 1, item relating to Murray Bridge—after Area 2 insert:

   Area 3: the portion of the River Murray at Murray Bridge on the south‑west side of Long Island bounded as follows:

   •on the south‑east by a straight line from a point 40 m (along the bank of the river) generally north‑west of the southern alignment of Allotment 4 in Filed Plan 101622, Hundred of Mobilong, and extending north‑east to the south‑west bank of Long Island;

   •on the south‑west by the south‑west bank of the river;

   •on the north‑west by a straight line from the north‑west alignment of Allotment 867 in Filed Plan 167682, Hundred of Mobilong, and extending north‑east to the south‑west bank of Long Island;

   •on the north‑east by the south‑west bank of Long Island.

2. Schedule 5 Part 3 clause 3—after the item relating to Murray Bridge Area 2 insert:

Murray Bridge Area 3 Controls 2 and 5

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 10 December 2009

No 291 of 2009

MTR09/087