Harbors and Navigation Regulations 1994 (SA)

South Australia

Harbors and Navigation Regulations 1994

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Incorporation of codes and standards

3. Approvals of CEO

4. Exemption of Royal Australian Navy vessels

Part 2—Interpretation

1. Interpretation

2. Definition of harbors: section 4(1) and Schedule 1

9ADefinition of port: section 4(1)

1. Crew of commercial vessel: section 4(1)

2. Key position on commercial vessel: section 4(1)

3. Length of vessel: section 4(3)

Part 3—Property

1. Exclusion of property from vesting in Minister: section 15(3)(c)

Part 4—Restrictions on use of waters

13AAquatic activities on River Murray

1. Restricted areas: section 27

14ASpecial rule in relation to sailing on Port Adelaide River

Part 5—Harbors

Division 1—Preliminary

1. Interpretation

15AApproval of CEO under this Part

Division 2—General activities

1. Obstructions on wharves

2. Obstruction of landing places

3. Unauthorised activity on wharf

4. Use of rail trolley

5. Removal of stevedoring gear after use

6. Directions relating to dangerous or objectionable cargo

7. Spillage of cargo

8. Discharge of water on wharves

9. Abandoned cargo

10. Unauthorised entry to wharf or contiguous land

11. Watch officers in harbors

12. Tugs

13. Fuel in vehicles etc

14. Operation of motors in cargo spaces

15. Mooring lines in harbors

16. Restrictions in certain harbors

17. Mooring and unmooring of vessels in certain harbors

18. Swimming in harbors

Division 3—Vehicles and pedestrians

33AApplication of Division

1. Traffic signs

2. Traffic and other directions

3. Parking signs and markings

4. Removal of vehicles

5. Signs

38APermits

1. Evidence

Division 4—Records

39AInterpretation

1. Notice of entry

2. Certificate of registration

3. Notice of leaving

4. Cargo manifests

5. Production of documents relating to cargo

Division 5—Pilotage

1. Interpretation of Part 5 Division 5

2. Licensing of pilots: section 33

3. Pilotage exemption certificates: section 34

4. Re-examination

5. Duration of pilot's licence

6. Duration and renewal of pilotage exemption certificates

7. Equivalent qualifying voyages

8. Application for pilot's licence or pilotage exemption certificate

9. Replacement licences and certificates

10. Obligations of pilot or master

11. Records to be kept by holder of pilotage exemption certificate

12. Compulsory pilotage: section 35

Part 6—Crewing

Division 1—Preliminary

1. Interpretation of Part 6

2. Vessels to which crewing requirements apply: section 37

3. Application for exemption from crewing requirements: section 39

Division 2—Fishing vessels

1. Minimum crewing for fishing vessels: section 38(1)

2. Breach by crew of minimum qualifications requirement

Division 3—Trading vessels

1. Breach by crew of minimum qualifications requirement

Part 7—Certificates of competency

1. Vessels in relation to which certificates of competency required: section 46

2. Exemptions from section 47(3) and (4)

3. Classes of certificates of competency

4. Requirements for certificate of competency: section 48(2)

5. Re-examination

6. Equivalent experience and qualifications etc

7. Endorsement of certificates of competency

8. Recognition of certificates of competency

70ADuration of certificate of competency of a class appropriate to a trading vessel

1. Re-validation of certificates of competency of a class appropriate to a trading vessel

2. Compliance with endorsements

3. Special permits for recreational vessels: section 47(3) and (4)

4. Application for certificate of competency etc

74AIssue of temporary Boat Operator's Licence

1. Replacement certificates of competency or special permits

2. Obligations of holder of certificate of competency or special permit

Part 8—Hire of vessels

Division 1—Preliminary

1. Interpretation of Part 8

78AApplication of hiring requirements: section 51

Division 2—Licences

1. Application for licence

2. Granting of licence

3. Duration of licence

4. Transfer of licence

5. Replacement licence

Division 3—Inspections

1. Periodic inspections

2. Application for fixing place and date of inspection

3. Fees and other costs to be borne by owners

4. Certificate of inspection

87AExtension of period for which certificate remains in force

Division 4—Obligations of owner

1. Licence and certificates of inspection to be displayed

2. Register books

3. Vessel not to be hired out nor possession to be handed over in certain circumstances

4. Information and instructions to be given to hirers

Division 5—Obligations of hirer

1. Use of hire and drive vessels

Division 6—Miscellaneous

1. Duties of licence holder

2. Duty to report accidents etc

Part 9—Registration, certificates of survey, loadline certificates and Australian Builders Plates etc

Division 1—Registration of vessels

1. Interpretation of Part 9 Division 1

2. Vessels that must be registered: section 54

3. Exemptions from section 55

97ATrade plates

1. Person in whose name vessel must be registered

2. Application for registration or exemption

3. Grant of registration

4. Grant of temporary registration pending determination of application for registration

5. Duration

6. Certificate of registration and registration label

7. Marking of vessel: section 55

8. Registration label

9. Transfer of registration

10. Cancellation of registration

11. Return of certificate of registration or registration label

12. Refunds of registration fees

13. Notification of change of address

Division 1A—Hull identification numbers (HIN)

110AInterpretation

110BFixing HIN plates to vessels

110CUnauthorised removal of a HIN plate

110DAppointment of boat code agents

110EBoat code examiners

110FAdding letters and numbers to HIN

110GForming a HIN into the fabric of a vessel

110HInterim boat code certificate

110IBoat code certificate

110JRegister of HINs and vessels

Division 2—Certificates of survey

1. Vessels requiring certificate of survey: section 56

2. Application for certificate of survey etc: sections 58—60

3. Obligations of applicant for certificate of survey etc

4. Certificate of survey

5. Certificate of survey to be displayed

115AExtension of period for which certificate remains in force

1. Replacement certificates of survey

2. Notification of change of address etc

Division 3—Loadline certificates

1. Vessels requiring a loadline certificate: section 61

2. Application for loadline certificate or exemption

3. Loadline certificate to be on board

4. Replacement loadline certificates

5. Marking requirements: section 63

Division 4—Structural and equipment requirements for vessels

1. Structural and equipment requirements for vessels

123AEmergency position indicating radio beacons

Division 5—Miscellaneous

1. Equivalent requirements

2. Recognition of other certificates of survey and loadline certificates

Division 6—Australian Builders Plate

125AInterpretation

125BVessels to which Part 9 Division 4 of Act applies: section 64A

125CAustralian Builders Plate

125DCertain vessels declared to be constructed before commencement of section 64B of the Act

125EModification of ABP Standard

Part 10—Safety

Division 1—General rules of navigation

1. Navigation at sea

2. Navigation in inland waters

3. Navigation in rivers and channels

Division 2—Speed restrictions

1. Speed restrictions

Division 3—Dangerous substances guidelines

1. Incorporation of Dangerous Substances Guidelines

2. Offences against Guidelines

Division 4—Rules of special application to recreational vessels

1. Life-jackets on certain recreational vessels

132APersonal watercraft must display notice approved by Minister

132BPersonal watercraft only to be used during certain hours

1. Means of escape from recreational vessel

2. Excess persons on recreational vessel

Division 5—Radio rules for commercial vessels

1. Radio communication with coast station

2. Radio watch

3. Prohibition of transmission during silence period

4. Log-book of distress calls received

Division 6—Water skiing, aquaplaning and like activity

1. Obligations of operator, participator and observer where person towed by vessel

2. Obligation of person being towed

3. Obligation of operator of vessel towing a person

4. Operating another vessel too close to person being towed

Division 7—Diving signals

1. Signal when divers working

Division 8—Fishing nets, yabbie pots and set lines

1. Interpretation

2. Mesh nets and set lines

3. Drop nets, drum nets, hoop nets, shrimp traps and yabbie pots

4. Positioning of fishing apparatus

5. Offence of using fishing apparatus contrary to this Division

Division 9—Rules for certain bridges

1. Birkenhead Bridge

149AAPort River Expressway Bridges

149ABExemptions

149AHindmarsh Island Bridge

149BJervois Bridge

1. Kingston Bridge

2. Paringa Bridge

Division 10—Miscellaneous

151AVessels excluded from vicinity of oil rigs

151BVessels excluded from vicinity of vessels engaged in transfer of petroleum

151CVessels excluded from vicinity of OneSteel transhipment points in Spencer Gulf

1. Nuisance

2. Use of spot lights

3. Emissions and discharges

154AWork involving flame or flash

1. Misuse of signals

2. Smoking and use of combustion equipment in hold

3. Gangways

4. Anchors not to be used in certain areas

5. General defence

Part 11—Accidents

1. Minor accidents involving recreational vessels need not be reported: section 75(1)

2. Particulars to be reported: section 75(2)

Part 12—Court of Marine Enquiry

1. Assessors: section 77(4)

Part 13—Application of Commonwealth Act

1. Application of Commonwealth Act: section 81

Part 14—Miscellaneous

Division 1—Boat havens

1. Application of Part 14 Division 1

2. Moorings not to be laid without approval

3. Obligation to have permit to moor in boat haven

4. Permit to moor in boat haven

5. Application for permit

6. Issue of permit

7. Obligations of permit holders

8. Cancellation of permits

171AOrders

Division 2—Ballast water

1. Prohibition of releasing ballast water in specified waters

2. Directions relating to ballast water

Division 3—Facilities levy

1. Facilities levies

2. Recreational Boating Facilities Fund

3. Boating Facility Advisory Committee

Division 5—Miscellaneous

1. False statements

2. Notices

Schedule 1—Partially smooth and smooth waters

Schedule 2—Definition of restricted vessel—operational areas

Schedule 3—Definition of harbors

Schedule 3A—Ports

Schedule 4—Restricted areas—controls

1. Interpretation of Schedule 4

2. Table of controls

3. Non-application of controls to certain vessels at Port Bonython, Port Stanvac and Whyalla

Schedule 5—Restricted areas—delineation

Schedule 6—Fishing vessels—crewing requirements

1. Interpretation of Schedule 6

2. Minimum crewing of fishing vessels

Schedule 7—Certificates of competency—River Murray and Inland Waters

1. Certificate of competency as Coxswain River Murray and Inland Waters

2. Certificate of competency as Master Class 5 River Murray and Inland Waters

3. Certificate of competency as Master Class 5 River Murray and Inland Waters (Houseboats)

4. Certificate of competency as Master Class 4 River Murray and Inland Waters

Schedule 8—Structural and equipment requirements for hire and drive houseboats

1. Length, size and speed

2. Pontoons

3. Decks

4. Steps and ladders

5. Fixed house

6. Visibility

7. Freeboard

8. Stability

9. Structural fire protection

10. Engines

11. Exhaust systems

12. Ventilation of machinery spaces

13. Fuel tanks and fuel systems for engines and generators

14. Additional fuel

15. Shipside valves and pipes

16. Electrical installations

17. Liquefied petroleum gas installations

18. Accommodation and associated facilities

19. Sewerage system

20. Lifesaving appliances

21. Fire appliances

22. Radio equipment

23. Navigation lights

24. Miscellaneous equipment

Schedule 9—Structural and equipment requirements for vessels

Part 1—Structural and equipment requirements for vessels not otherwise specified in this Schedule

1. Application of Part

2. Hatches and exterior doors

3. No open exhausts

4. Compliance plate re maximum load

5. Additional fuel

6. Life saving appliances, fire appliances and miscellaneous equipment

7. Exemptions from requirement for appliances and equipment

8. Standard of equipment

9. Placement of equipment

9ABuoyancy requirements for certain vessels

Part 2—Structural and equipment requirements for restricted vessels

1. Life saving appliances

2. Fire fighting appliances

3. Radio equipment

4. Miscellaneous equipment

Part 3—Structural and equipment requirements for observation vessels

1. Structural and equipment requirements for observation vessels

Part 4—Structural and equipment requirements for other surveyed vessels

1. Application of Schedule 9 Part 4

2. Construction

3. Engineering

4. Crew accommodation

5. Stability

6. Life saving appliances

7. Fire appliances

8. Radio equipment

9. Miscellaneous equipment

Schedule 10—Speed restrictions in certain waters

1. 7 knot limit—all vessels

2. 4 knot limit—all vessels

3. 4 knot limit—personal watercraft

Schedule 11—Recreational vessels without compliance plate: maximum number of persons

Schedule 12—Boat havens

Schedule 13—Notice requirements (regulation 149AA)

Schedule 14—Fees and levies

1. Waiver of fees and payment in instalments

2. Interpretation of table of fees

3. Fees and levies payable

Legislative history

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation Regulations 1994.

4—Incorporation of codes and standards

1. A copy of a code or standard referred to or incorporated in these regulations must be kept available for inspection by members of the public, without charge and during normal office hours, at the head office in Adelaide of the department.

2. If an expression used in a provision of a code or standard referred to or incorporated in these regulations is not defined in the Act or in these regulations, the expression has, for the purposes of these regulations, the meaning (if any) assigned by the code or standard.

3. Where a provision of a code or standard is referred to or incorporated in these regulations, any other code or standard that is incorporated into, or referred to in, that provision is also incorporated in these regulations to the extent necessary to give effect to that provision.

5—Approvals of CEO

1. An application for an approval of the CEO under these regulations must conform to the requirements of the CEO about its form, contents and the manner in which it is made.

2. An applicant under this regulation must provide to the CEO such information and records as the CEO reasonably requires.

3. An approval given by the CEO for the purposes of these regulations—

   (a)must be in writing or, if given orally, must be confirmed in writing as soon as practicable; and

   (b)may be subject to such conditions as are specified by the CEO (including a condition fixing a fee to be paid to the CEO); and

   (c)may be varied or revoked by the CEO at any time.

4. Where the CEO gives approval subject to a condition, the person to whom approval is given must not contravene or fail to comply with the condition.

   Maximum penalty: $4 000.

5. In any legal proceedings, a certificate apparently signed by the CEO certifying an approval or lack of approval under these regulations is, in the absence of proof to the contrary, proof of the matter certified.

6—Exemption of Royal Australian Navy vessels

The following provisions of the Act do not apply in relation to vessels belonging to the Royal Australian Navy:

section 35

Part 6

Part 7

Part 9

section 65

section 66

section 68.

Part 2—Interpretation

8—Interpretation

1. In these regulations, unless the contrary intention appears—

   the Act means the Harbors and Navigation Act 1993;

   AS means a standard published by or under the authority of Standards Australia (alone or jointly with others);

   boat haven means an area of water specified in Schedule 12;

   certificate of registration, in relation to a vessel, means the certificate or other document issued in respect of the vessel by the marine authority of the jurisdiction in which the vessel is registered;

   channel means a waterway regularly used as a course for vessels moving through a harbor;

   chief engineer means the most senior engineer on a vessel, responsible for the means of mechanical propulsion of the vessel;

   chief mate means the deck officer on a vessel who is next in rank to the master and on whom command of the vessel will fall in the event of the incapacity of the master;

   classification society means an association or body, approved by the CEO, that issues rules for the construction or machinery of vessels;

   coast station means a facility established by the Minister for the purpose of radio communications with vessels from land and for maintaining a radio watch (that is, continuously listening for radiotelephone communications from vessels);

   the Code means the Uniform Shipping Laws Code, published by the Australian Government Publishing Service for the Commonwealth Department of Transport and Communications and adopted by the Australian Transport Advisory Council, as in force from time to time;

   container means a crate, box, tank, flat or cylinder that is designed and constructed—

   (a)for continuous use as an adjunct to cargo handling and transportation; and

   (b)to facilitate the transportation of goods from the place at which they are packed to the place at which they are to be unpacked without the need for the goods to be unloaded from or re-loaded into the crate, box, tank, flat or cylinder; and

   (c)to facilitate transportation by means of more than one mode of transport; and

   (d)with devices so as to enable it to be readily handled between one mode of transport and another; and

   (e)to carry a load the volume of which is at least one cubic metre;

   Dangerous Substances Guidelines means the Guidelines for the Safe Transport, Handling and Storage of Dangerous Substances and Oils in Port Areas, published by the Association of Australian Port and Marine Authorities Inc, as in force from time to time;

   deck officer means an officer of a vessel, other than the master, who has authority pursuant to his or her certificate of competency to take charge of a navigation watch on that vessel;

   endorsement, in relation to a certificate of competency of a particular class, means—

   (a)a limitation on or extension of the duties appropriate to a certificate of that class that the holder is qualified to undertake; or

   (b)a limitation of the area within which, or a vessel or equipment (or a class of vessel or equipment) in relation to which, the holder is qualified to undertake the duties appropriate to a certificate of that class; or

   (c)a condition related to medical standards subject to which the holder is qualified to undertake the duties appropriate to a certificate of that class;

   engineer means a marine engineer or marine engine driver;

   fishing apparatus means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource (within the meaning of the Fisheries Management Act 2007);

   full registration, in relation to a vessel that is registered under these regulations, means registration granted under regulation 100 (as distinct from temporary registration granted under regulation 101);

   gross tonnage means—

   (a)in relation to a commercial vessel that is registered by a marine authority of the Commonwealth or a State or a Territory of the Commonwealth—the gross tonnage specified in the vessel's certificate of registration;

   (b)in relation to a commercial vessel that is not so registered—the amount of measured tonnage calculated in accordance with the International Convention on Tonnage Measurements of Ships 1969 as set out in the Commonwealth Act;

   houseboat—see subregulation (5);

   identification mark, in relation to a vessel that is registered under these regulations, means the numbers, letters and other characters specified in the certificate of registration of the vessel as uniquely identifying the vessel;

   inland waters means navigable waterways or bodies of water in the State excluding any waters within the ebb and flow of the tide;

   ISO means an International Standard, published by the International Organization for Standardization, as in force from time to time;

   long blast means a blast of a whistle of about five second's duration;

   marine authority means a marine authority of the Commonwealth, a State or a Territory of the Commonwealth or a foreign country recognised by the CEO as having authority to issue certificates of competency, certificates of survey or other similar documents;

   MF/HF radiotelephony equipment means radiotelephony equipment that operates at medium or high frequency;

   moor means to make fast to the shore, a buoy, a jetty or a wharf or to anchor;

   navigation pass, in relation to a bridge, means the marked channel under the bridge through which vessels are intended to navigate when passing under the bridge;

   observation vessel means a structure that is designed to float in water and is used to observe marine life (but is not used in navigation);

   owner of cargo or goods includes the consignor and consignee of the cargo or goods;

   to park a vehicle includes to leave the vehicle standing;

   partially smooth water means waters designated by Schedule 1 as partially smooth;

   personal watercraft means a device that—

   (a)is propelled by a motor; and

   (b)has a fully enclosed hull; and

   (c)is designed not to retain water if capsized; and

   (d)is designed to be operated by a person who sits astride, stands, or kneels on the device,

   and includes the device commonly referred to as a jet ski;

   Port River Expressway Bridges means—

   (a)the road bridge (including any fendering that forms part of the navigation pass of the bridge); and

   (b)the rail bridge (including any fendering that forms part of the navigation pass of the bridge),

   constructed as part of the authorised project (within the meaning of the Highways Act 1926) known as the Port River Expressway Project (and a reference to a Port River Expressway Bridge will be taken to be a reference to the road bridge or the rail bridge (as the case requires));

   potential speed, in relation to a vessel, means the maximum speed of which the vessel is capable—

   (a)when moving through the water under its own power without assistance or hindrance from tide, current or wind; and

   (b)when carrying no load apart from an operator and the equipment usually carried on the vessel;

   Prevention of Collisions at Sea Regulations means the International Regulations for Preventing Collisions at Sea 1972 constituted by the rules and other annexes attached to the Convention on the International Regulations for Preventing Collisions at Sea 1972, as corrected by the Procès-Verbal of Rectification dated 1 December 1973 (a copy of the English text of the articles of which is set out in Schedule 4 of the Commonwealth Act) and as affected by any amendment, other than an amendment objected to by Australia, made under Article VI of that Convention;

   protected waters means inland waters other than Lakes Alexandrina and Albert;

   qualifying entry voyage, in relation to an application for a pilotage exemption certificate, means a voyage into the harbor (or section of the harbor) in respect of which the application is made to a wharf, mooring or anchorage—

   (a)that has been undertaken with a licensed pilot (or a master with a current pilotage exemption certificate for that harbor or section of harbor) on board the vessel; and

   (b)that has, in the opinion of the CEO, been satisfactorily completed; and

   (c)that has been undertaken not more than one year before the date on which the application is made;

   qualifying exit voyage, in relation to an application for a pilotage exemption certificate, means a voyage out of the harbor (or section of the harbor) in respect of which the application is made from a wharf, mooring or anchorage—

   (a)that has been undertaken with a licensed pilot (or a master with a current pilotage exemption certificate for that harbor or section of harbor) on board the vessel; and

   (b)that has, in the opinion of the CEO, been satisfactorily completed; and

   (c)that has been undertaken not more than one year before the date on which the application is made;

   registered owner of a vessel means a person recorded in the register of vessels as the owner of the vessel;

   restricted area means an area of water specified in the table in Schedule 4 and defined in Schedule 5;

   restricted vessel means a fishing vessel that operates only within one or more of the areas specified in Schedule 2;

   second engineer means the engineer next in rank to the chief engineer and on whom responsibility for the means of mechanical propulsion of the vessel falls in the event of the incapacity of the chief engineer;

   semi-protected waters means waters inshore of a line two nautical miles seaward of the low water mark of the coast or of the banks of Lakes Alexandrina and Albert;

   short blast means a blast of a whistle of about one second's duration;

   smooth water means waters designated by Schedule 1 as smooth;

   speed means speed with reference to a stationary horizontal plane (as distinct from speed through water which may itself be in motion);

   temporary registration, in relation to a vessel registered under these regulations, means registration granted under regulation 101 (as distinct from full registration granted under regulation 100);

   trading vessel means a commercial vessel other than a fishing vessel;

   underway, in relation to a vessel, means that the vessel is not moored or aground;

   unprotected waters means waters offshore of a line two nautical miles seaward of the low water mark of the coast or of the banks of Lakes Alexandrina and Albert;

   V distress sheet means a sheet of material—

   (a)that is not less than 1.8 metres by 1.2 metres in size; and

   (b)that is florescent orange-red in colour; and

   (d)on which is displayed the letter V in black, the V being not less than 0.8 metres in height and the strokes forming the V being not less than 130 millimetres in breadth;

   VHF FM radiotelephony equipment means radiotelephony equipment that operates at very high frequency using frequency modulation;

   whistle means any sound signalling device capable of producing the sound signals required by these regulations.

1. In the Code—

   approved means approved by a licensed surveyor;

   the Authority means the CEO.

2. In these regulations, a reference to a vessel of a particular class is a reference to a vessel of that class as defined in Section 1, Part 3, Clause 6 of the Code.

3. For the purposes of these regulations, vessels will be regarded as in sight of one another only when one can be observed visually from the other.

4. For the purposes of these regulations, a vessel will be taken to be a houseboat if—

   (a)the vessel has facilities for overnight accommodation; and

   (b)—

   (i)all the living facilities are on or above the deck of the vessel; or

   (ii)although not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CEO and the owner of the vessel agree that the vessel is to be classed as a houseboat.

5. For the purposes of these regulations, a reference to a particular Australian Standard will be taken to be a reference to that standard as in force from time to time.

9—Definition of harbors: section 4(1) and Schedule 1

Schedule 3 defines the boundaries of the harbors referred to in Schedule 1 of the Act.

9A—Definition of port: section 4(1)

1. Each area of land and water described in Schedule 3A is constituted as a port.

2. To avoid doubt, as each port lies within a harbor, a reference in these regulations to a "harbor" extends, unless the contrary is indicated, to a port.

10—Crew of commercial vessel: section 4(1)

For the purposes of the definition of crew, the following positions are declared to be positions of responsibility on a commercial vessel:

(a)mates; and

(b)engineers; and

(c)general purpose hands.

11—Key position on commercial vessel: section 4(1)

For the purposes of the definition of key position in relation to the crew of a commercial vessel, the following positions are declared to be positions in relation to which certificates of competency are required:

(a)mates; and

(b)engineers.

12—Length of vessel: section 4(3)

1. For the purposes of these regulations, the length of a vessel is determined as follows:

   (a)in the case of a vessel in respect of which a certificate of survey is in force—the length of the vessel is the measured length specified in that certificate;

   (b)in the case of a vessel in respect of which a certificate of survey is not required or is not in force and that is constructed of pontoons—the length of the vessel is the distance along the deck between the foremost transverse deck beam and the aftermost transverse deck beam;

   (c)in any other case—the length of the vessel is the distance from the foremost part of the hull to the aftermost part of the hull taken at the upper side of the uppermost weather tight deck or, in the case of an open vessel, at the height of the gunwale.

2. In this regulation—

   aftermost part of the hull means the trailing edge of the shell plating, planking or other structural material or, in the case of stem bars or posts, the intersection of the outside of the shell plating or planking with the stern bar or post but excluding, in all cases, any member added to the exterior of the hull (eg a fender, sponson or rubbing strip);

   foremost part of the hull means the leading edge of the shell plating, planking or other structural material or, in the case of bar stems or stem posts, the intersection of the outside of the shell plating or planking with the stem bar or post but excluding, in all cases, any member added to the exterior of the hull (eg a fender, sponson or rubbing strip).

Part 3—Property

13—Exclusion of property from vesting in Minister: section 15(3)(c)

Pursuant to section 15(3)(c) of the Act the following real property does not vest in the Minister:

(a)all subjacent land underlying, and land adjacent to—

(i)the Murray River upstream of the sea mouth;

(ii)all lakes, lagoons and channels connected with the Murray River; and

(b)all subjacent land underlying, and land adjacent to—

(i)the Onkaparinga River upstream of the seaward boundary of the Corporation of the City of Noarlunga;

(ii)all lakes, lagoons and channels connected with the Onkaparinga River; and

(c)all subjacent land underlying, and land adjacent to—

(i)the Patawalonga Creek upstream of the seaward boundary of the Corporation of the City of Glenelg;

(ii)all lakes, lagoons and channels connected with the Patawalonga Creek; and

(d)all subjacent land underlying, and land adjacent to, the Glenelg River in the Hundred of Caroline, County of Grey; and

(e)all subjacent land underlying, and land adjacent land to, any other inland waters except Lake Butler; and

(f)the land adjacent to the seashore situated above high water mark in the Hundreds of Copley, Gillen, Jenkins and Cultana from the south eastern corner of the Government Town of Port Augusta West to the southern boundary of the Hundred of Cultana.

Part 4—Restrictions on use of waters

13A—Aquatic activities on River Murray

The following categories of licence are excluded from the operation of section 26(2a) of the Act:

(a)a licence for an event that will not involve a motorised vessel (including any support vessel or vessels);

(b)a licence for an event where only the support vessel or vessels will be motorised and the number of such motorised support vessels will not exceed 2;

(c)a licence for an event where not more than 2 motorised vessels involved in the event will be operated at any particular time, and the number of motorised support vessels (if any) will not exceed 2;

(d)a licence for an event where not more than 5 motorised vessels involved in the event will be operated at any particular time on waters that form part of the River Murray in circumstances where it is proposed that, when the vessels are on the River Murray, they will be spread over at least 2 kilometres of the river, and the number of motorised support vessels (if any) will not exceed 2.

14—Restricted areas: section 27

1. A person who, without the approval of the CEO, contravenes or fails to comply in a restricted area with a control applying in the area according to Schedule 4 is guilty of an offence (but it is a defence to a charge of such an offence for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency, or taking part in a surf life saving activity conducted by a surf life saving club).

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. If a vessel is involved in the commission of an offence against subregulation (1), the owner of the vessel is also guilty of an offence (but it is a defence to a charge of such an offence for the owner to prove that the vessel was operated in the manner constituting the offence without the owner's consent).

   Maximum penalty: $1 250.

   Expiation fee: $160.

3. If an offence against subregulation (1) is constituted of a person being towed by a vessel, the operator of the vessel is also guilty of an offence.

   Maximum penalty: $1 250.

   Expiation fee: $160.

4. A control applying in a restricted area according to Schedule 4 does not apply in relation to an authorised person in the exercise of powers under the Act or these regulations.

14A—Special rule in relation to sailing on Port Adelaide River

1. A person must not, without the approval of the CEO, operate a vessel in the waters of the Port Adelaide River south of the Port River Expressway Bridges under sail power alone.

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. It is a defence to a charge of an offence under subregulation (1) for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency.

3. Without limiting regulation 5, an application for approval under subregulation (1) may be made by an applicant on the applicant's own behalf or on behalf of a group of persons and, if an approval is granted to a group of persons, each member of the group is bound by the conditions (if any) to which the approval is subject.

Part 5—Harbors

Division 1—Preliminary

15—Interpretation

In this Part (except Divisions 3 and 4)—

adjacent land means adjacent land under the care, control and management of the Minister or a port operator;

contiguous land means land contiguous to a wharf and under the care, control and management of the Minister or a port operator;

harbor means a harbor, or that part of a harbor, under the care, control and management of the Minister or a port operator;

wharf means a wharf under the care, control and management of the Minister or a port operator.

15A—Approval of CEO under this Part

The CEO must not grant an approval under this Part in relation to an activity that is to take place within a port unless the port operator has first been consulted.

Division 2—General activities

16—Obstructions on wharves

1. A person must not, without the approval of the CEO, place anything on a wharf in a position that is likely to—

   (a)obstruct the approaches or any entrance to, or exit from, the wharf; or

   (b)obstruct the movement of cargo on, on to or from the wharf; or

   (c)impede the free passage of any vehicle on the wharf.

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. An authorised person may—

   (a)direct the owner of any item on a wharf in contravention of subregulation (1), or the owner, master or operator of a vessel from which the item has been unloaded or on which the item is to be loaded, to remove it from the wharf or to move it to another position on the wharf within a specified time; or

   (b)if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf.

3. The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by—

   (a)if the authorised person was an officer or employee of a port operator (other than the Minister)—the port operator; or

   (b)in any other case—the CEO.

17—Obstruction of landing places

1. A person must not moor a vessel at or near a landing place for longer than—

   (a)if no direction is given by the CEO or an authorised person—a total of 4 hours in any day; or

   (b)if a direction is given by the CEO or an authorised person—the period directed.

   Maximum penalty: $1 250.

   Expiation fee: $160.

(1a)It is a defence to a charge of an offence against subregulation (1) for the defendant to prove that—

(a)the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and

(b)the vessel was moved as soon as it was reasonably practicable to do so.

1. In this regulation—

   landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf and gives access from the wharf to vessels below the level of the deck of the wharf.

18—Unauthorised activity on wharf

A person must not, without the approval of the CEO—

(a)undertake any work on a wharf that is not related to the shipping or unloading of cargo; or

(b)sort, pack or repair cargo on a wharf; or

(c)place or leave on a wharf anything other than cargo; or

(d)carry on retail trade on a wharf; or

(e)erect or post any notice or advertisement on a wharf; or

(f)damage, remove or interfere with any notice or advertisement on a wharf; or

(g)fish (for any aquatic organism by any means) in contravention of any notice erected on a wharf apparently on behalf of the CEO or in contravention of a direction of an authorised person; or

(h)light or maintain a fire on a wharf; or

(i)damage or misuse any equipment provided on a wharf for lifesaving or firefighting purposes; or

(j)smoke in or on a structure on a wharf; or

(k)litter a wharf; or

(l)damage a wharf in any manner.

Maximum penalty: $1 250.

Expiation fee: $160.

19—Use of rail trolley

1. A person must not, without the approval of the CEO, use a trolley except for a purpose connected with the loading or unloading of a vessel or the maintenance of a vessel.

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. A person must not propel a trolley at a dangerous speed or in a dangerous manner.

   Maximum penalty: $1 250.

   Expiation fee: $160.

3. A person who is propelling a trolley must give other persons effective warning of the approach of the trolley.

   Maximum penalty: $1 250.

   Expiation fee: $160.

4. An authorised person may give a person directions in relation to the use of trolleys.

5. In this regulation—

   trolley means a truck or trolley supplied by the Minister or a port operator for use on rails laid on a wharf or contiguous land.

20—Removal of stevedoring gear after use

The master or operator of a vessel that is being loaded or unloaded on a wharf must ensure that all moveable equipment used in the loading or unloading is removed and stored appropriately on completion of the loading or unloading.

Maximum penalty: $1 250.

Expiation fee: $160.

21—Directions relating to dangerous or objectionable cargo

If an authorised person suspects on reasonable grounds that particular cargo on a vessel may present, if unloaded on to a wharf, a risk of injury to persons or damage to property, or a nuisance, the authorised person may give directions to the master or operator or owner of the vessel or the owner of the cargo—

(a)prohibiting the storage of the cargo on the wharf; or

(b)regulating the manner in which the cargo is to be unloaded or stored on the wharf.

22—Spillage of cargo

1. If any cargo on a wharf or contiguous land, by breaking, leaking or in any other way, causes loss of life or injury to a person or destruction of or damage to the wharf or to anything on the wharf or contiguous land, creates a nuisance or offensive condition, or hinders work on the wharf or contiguous land, the owner of the cargo must—

   (a)report the matter to—

   (i)if the wharf or contiguous land is within a port—the port operator; or

   (ii)in any other case—the CEO; and

   (b)remove the cargo from the wharf or contiguous land, clean up any spillage and repair any damage to the wharf.

   Maximum penalty: $1 250.

   Expiation fee: $160.

2. If a person fails to take the action required by subregulation (1)(b), an authorised person may take that action.

3. The cost of taking action under subregulation (2) may be recovered as a debt from the person in default by—

   (a)if the authorised person was an officer or employee of a port operator (other than the Minister)—the port operator; or

   (b)in any other case—the CEO.

23—Discharge of water on wharves

The master or operator of a vessel moored at a wharf must cause a covering to be placed over each outlet on the vessel that is at or above the level of the deck of the wharf so as to prevent any liquid being discharged from the vessel on to the wharf.

Maximum penalty: $1 250.

24—Abandoned cargo

The CEO may take possession of cargo remaining on a wharf or contiguous land for more than six months and may deal with the cargo under the Unclaimed Goods Act 1987.

25—Unauthorised entry to wharf or contiguous land

A person must not, without the approval of the CEO, enter or remain in an area of a wharf or contiguous land to which the Minister has restricted access by the erection of signs, barriers or by other means.

Maximum penalty: $1 250.

Expiation fee: $160.

26—Watch officers in harbors

1. A vessel that is 35 metres or more in length and is moored in a harbor must, unless the CEO approves otherwise, have at least one person on board for the purposes of communication with the CEO, the port operator or an authorised person.

2. If subregulation (1) is contravened, the master or operator of the vessel is guilty of an offence.

   Maximum penalty: $1 250.

27—Tugs

1. The master of a tug that is attending a vessel that is being navigated under the control or at the direction of a licensed pilot must comply with the directions of the pilot.

   Maximum penalty: $2 500.

2. The master of a tug that is attending a vessel the master of which holds a current pilotage exemption certificate must comply with the directions of that master.

   Maximum penalty: $2 500.

28—Fuel in vehicles etc

1. Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel, with a flash point below 60°C, must not be carried on a vessel unless each fuel tank of the vehicle, vessel or machine contains less than 50% of its capacity of fuel and is effectively sealed.

2. Cargo consisting of a vehicle, vessel or machine that uses petroleum or other liquid fuel with a flash point below 60°C must not be stored on a wharf or adjacent land unless each fuel tank of the vehicle, vessel or machine contains less than five litres of fuel and is effectively sealed.

3. If a vehicle, vessel or machine is carried or stored in contravention of this regulation, the consignor of the vehicle, vessel or machine is guilty of an offence.

   Maximum penalty: $750.

4. A person must not transfer petroleum or other liquid fuel into or out of the tank of a vehicle, vessel or machine—

   (a)on a wharf constructed of timber; or

   (b)inside a structure on adjacent land under the care, control and management of the Minister or a port operator; or

   (c)within 15 metres of any such structure; or

   (d)within 15 metres of any cargo; or

   (e)on a vessel or within 15 metres of any vessel.

   Maximum penalty: $1 250.

29—Operation of motors in cargo spaces

A person responsible for the loading or unloading of cargo on a vessel is guilty of an offence if, during the loading or unloading—

(a)an internal combustion engine or electric motor is operated in a cargo space in the vessel in contravention of Appendix 8, Marine Orders Part 32 (Cargo Handling Equipment) under the Commonwealth Act; or

(b)any internal combustion engine of a mechanical stowing appliance or other vehicle used is fuelled in a cargo space in the vessel in contravention of that Appendix.

Maximum penalty: $2 500.

30—Mooring lines in harbors

1. The master or operator of a vessel moored by lines to a wharf or other structure in a harbor must ensure that those lines are adequate and kept taut at all times.

   Maximum penalty: $1 250.

2. A person must not, without lawful authority, interfere with a line attached to any vessel, buoy, anchor, mooring, wharf or other structure or device in a harbor.

   Maximum penalty: $1 250.

3. The CEO may authorise a person to interfere with a line in a manner that would otherwise constitute a contravention of subregulation (2).

31—Restrictions in certain harbors

1. The engine of a vessel that is more than 35 metres in length and is moored at a wharf in a harbor must not, without the approval of the CEO—

   (a)be interfered with in such a manner that immobilises the vessel to the extent that the vessel cannot be made ready to be underway within two hours; or

   (b)be operated so as to turn a propeller or propellers.

2. If the engine of a vessel is operated or interfered with in contravention of subregulation (1), the master or operator of the vessel is guilty of an offence.

   Maximum penalty: $1 250.

   Expiation fee: $160.

32—Mooring and unmooring of vessels in certain harbors

1. A person must not, unless authorised for the purpose by the CEO, make fast or let go mooring lines of a vessel moored or to be moored to a wharf in a harbor.

   Maximum penalty: $1 250.

2. This regulation does not apply in relation to—

   (a)a tug, barge or lighter ordinarily used within a harbor to which this regulation applies;

   (b)a vessel of less than 1 000 tons gross—

   (i)ordinarily employed in trading or going between ports or places in the State; or

   (ii)ordinarily used as a pleasure yacht in South Australian waters;

   (c)a vessel belonging to the Royal Australian Navy.

1. Nothing in this regulation prevents a fee being charged for services provided by a person authorised by the CEO under this regulation.

33—Swimming in harbors

A person must not, without the approval of the CEO, swim or dive in any harbor—

(a)within 200 metres of a vessel that is 15 metres or more in length and is arriving or departing from a wharf, mooring or anchorage or is navigating in a channel; or

(b)within 45 metres of a vessel that is 15 metres or more in length and is moored at a wharf; or

(c)from any portion of a wharf not specifically set aside for entrance of a person into the water.

Maximum penalty: $750.

Expiation fee: $105.

Division 3—Vehicles and pedestrians

33A—Application of Division

This Division applies in relation to the following places:

(a)all adjacent land vested in the Minister;

(b)all wharves, docks, jetties or other structures vested in the Minister or a port operator.

34—Traffic signs

1. The CEO may erect signs on a place to which this Division applies giving directions for any one or more of the following purposes:

   (a)regulating the route to be followed by vehicles;

   (b)prohibiting or regulating the entry, exit or turning of vehicles (including vehicles over a certain mass);

   (c)requiring vehicles to be stopped;

   (d)requiring certain vehicles to give way to other vehicles;

   (e)prohibiting or regulating the parking of vehicles;

   (f)imposing speed limits for vehicles;

   (g)otherwise regulating vehicular traffic;

   (h)prohibiting or regulating pedestrian traffic.

2. A direction under this regulation may be of general or limited application according to the class of vehicles, drivers or pedestrians to which it applies, the area in which it applies, the circumstances of its application, or any other specified factor.

(2a)The CEO may issue a permit exempting the holder from directions specified in the permit.

1. A person who contravenes or fails to comply with the directions displayed on a sign erected under this regulation is guilty of an offence unless the person holds a valid permit issued by the CEO exempting the person from the directions and the person complied with the terms of the permit.

   Maximum penalty: $1 250.

   Expiation fee: $160.

35—Traffic and other directions

1. An authorised person may, orally or by hand signals, give to any person (whether a driver of a vehicle, a rider of an animal or a pedestrian) on or approaching a place to which this Division applies reasonable directions for the orderly functioning of the place and activities conducted at the place.

2. An authorised person who suspects on reasonable grounds that a vehicle that exceeds a mass limit imposed in respect of an area is in, or is about to enter, that area may direct the person in charge of the vehicle—

   (a)to submit the vehicle forthwith for weighing by portable apparatus; or

   (b)to take the vehicle by the shortest practicable route to a specified weighbridge.

36—Parking signs and markings

1. The CEO may delineate, by signs or pavement markings or a combination of signs and markings, an area on a place to which this Division applies as an area in which vehicles or vehicles displaying a permit issued by the CEO may be parked.

2. A person must not park a vehicle on a place to which this Division applies unless—

   (a)the vehicle is within an area delineated under this regulation as an area in which vehicles may be parked; or

   (b)the vehicle is being loaded or unloaded; or

   (c)the vehicle is parked with the approval of the CEO.

   Maximum penalty: $1 250.

   Expiation fee: $160.

3. A person must not park a vehicle in an area delineated under this regulation as an area in which vehicles displaying a permit issued by the CEO may be parked unless a valid permit is displayed in the vehicle and the vehicle is parked in accordance with the terms of that permit.

   Maximum penalty: $1 250.

   Expiation fee: $160.

37—Removal of vehicles

1. If a vehicle is parked in contravention of this Division and an authorised person believes on reasonable grounds that the vehicle is obstructing the proper use of a place to which this Division applies, or that it constitutes a risk to the safety of persons or property, the authorised person may cause the vehicle to be removed to a convenient place (but this does not empower the authorised person to break into the vehicle).

2. The cost of removing the vehicle may be recovered as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division by—

   (a)if the authorised person was an officer or employee of a port operator (other than the Minister)—the port operator; or

   (b)in any other case—the CEO.

38—Signs

1. A sign erected on or in the vicinity of a place to which this Division applies that appears to have been erected for the purposes of this Division will, in the absence of proof to the contrary, be taken to have been erected in accordance with this Division.

2. A sign erected by the CEO, the Minister or the department on or in the vicinity of a place to which this Division applies before the commencement of this Division will be regarded as having been erected in accordance with this Division.

3. In determining the meaning of a direction displayed on a sign under this Division, regard must be given to the characteristics of the surrounding physical environment, including any pavement markings.

4. In a direction displayed on a sign erected under this Division—

   maximum axle load, in relation to a vehicle, means the weight of the vehicle (including its load and the weight of the axle and wheels) borne by any axle of the vehicle;

   maximum wheel load, in relation to a vehicle, means the weight of the vehicle (including its load) borne by any wheel of the vehicle;

   permit means a permit issued by the CEO (or a delegate of the CEO) under this Division.

38A—Permits

1. The CEO may issue permits for the purposes of this Division subject to such conditions as the CEO thinks fit (including a condition fixing a fee to be paid to the CEO).

2. The CEO may cancel a permit issued under this Division by notice in writing to the holder of the permit.

3. For the purposes of this Division, a permit is displayed in a vehicle only if the permit is displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle.

4. An authorised person may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection forthwith or at a specified place and within a specified period.

39—Evidence

In any proceedings for an offence against this Division, an allegation in a complaint—

(a)that a sign or marking was erected or made in accordance with this Division; or

(b)that a specified person was the driver of a specified vehicle at the time of an alleged offence; or

(c)that a specified vehicle was driven or parked in a specified manner or place at a specified time; or

(d)that a specified person held or did not hold a permit under this Division; or

(e)that a specified permit issued under this Division was subject to specified conditions,

will, in the absence of proof to the contrary, be proof of the matters so alleged.

Division 4—Records

39A—Interpretation

In this Division—

harbor means a harbor, or that part of a harbor, under the care, control and management of the Minister.

40—Notice of entry

1. The owner or master of a commercial vessel must, as soon as practicable after arrival of the vessel at a wharf, mooring or anchorage in a harbor, deliver a notice of entry to the nearest office of the department.

   Maximum penalty: $1 250.

2. A notice of entry—

   (a)must conform to the requirements of the CEO about its form, contents and the manner in which it is given; and

   (b)must be signed by the master of the vessel.

41—Certificate of registration

1. Subject to this regulation, the master of a commercial vessel must, at the request of an authorised person, produce the certificate of registration of the vessel at the nearest office of the department.

   Maximum penalty: $1 250.

2. This regulation does not apply in relation to a vessel that trades only within the jurisdiction if the certificate of registration of the vessel has been produced at an office of the department in the previous six months.

42—Notice of leaving

A person must not, without the approval of the CEO, remove a commercial vessel of more than 35 metres in length from a wharf, mooring or anchorage in a harbor.

Maximum penalty: $1 250.

43—Cargo manifests

1. A manifest relating to cargo unloaded from a commercial vessel in a harbor must be given to the CEO within three days after arrival of the vessel.

2. A manifest relating to cargo loaded on to a commercial vessel in a harbor must be given to the CEO within seven days after departure of the vessel.

3. A manifest—

   (a)must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

   (b)if it is in writing, must be in English and must be legible; and

   (c)must include, at least, the following information (given, if the CEO so requires, by reference to codes or descriptions specified by the CEO):

   (i)the name of the vessel and the number assigned to the vessel in Lloyd's Register of Shipping; and

   (ii)a description of the voyage being undertaken by the vessel; and

   (iii)a description of the cargo (including the mass and volume of the cargo) sufficient for the purposes of calculating the charges payable to the Minister in respect of the cargo; and

   (iv)if the cargo includes a container—

   (A)the number, type and dimensions of the container; and

   (B)details of the kinds of goods carried in the container; and

   (C)the gross weight of the goods carried in the container; and

   (v)in the case of a container or other cargo unloaded from the vessel in the harbor—

   (A)the port of loading of the container or other cargo; and

   (B)the country of origin of the packed container or other cargo; and

   (C)if the country of destination of the packed container or other cargo is Australia, the State or Territory of destination; and

   (D)if the container or other cargo has been restowed on the vessel in the harbor (with the vessel continuing on the same voyage)—a statement to that effect; and

   (E)if the container or other cargo has been or will be transhipped (ie reloaded on a vessel undertaking a different voyage) in the harbor—a statement to that effect; and

   (vi)in the case of a container or other cargo loaded on to the vessel in the harbor (other than a container or cargo that has been unloaded from that vessel and restowed, with the vessel continuing on the same voyage)—

   (A)if the container or other cargo has been transhipped (ie unloaded from a vessel undertaking a different voyage and reloaded onto the vessel) in the harbor—a statement to that effect; and

   (B)if the country of origin of the packed container or other cargo is Australia—the State or Territory of origin; and

   (C)the port at which it is intended that the container or other cargo will be unloaded; and

   (D)the country of destination of the packed container or other cargo; and

   (d)must be certified as correct by the master or owner of the vessel.

4. Any alteration or correction of a manifest must be notified to the CEO as soon as possible.

5. If an alteration or correction of a manifest is notified to the CEO when it is not practicable by reason of the movement of the cargo for the alteration or correction to be verified by inspection of the cargo, the alteration need not be taken into account for the purposes of calculating the charges payable to the Minister in respect of the cargo.

6. If a manifest is not received by the CEO in accordance with this regulation, the charges payable to the Minister in respect of the cargo may be calculated on an estimate by the Minister of the size and nature of the cargo plus 10%.

7. If a manifest (or an alteration or correction of a manifest) is not given to the CEO in accordance with this regulation, the master and the owner of the vessel are each guilty of an offence (but it is a defence to a charge of an offence against this regulation if the defendant proves that the defendant could not, by the exercise of reasonable diligence, have prevented the commission of the offence).

   Maximum penalty: $1 250.

8. A person who views a manifest in the course of official duties connected with the administration of the Act must not divulge the contents of that manifest to any person except in the course of those duties.

   Maximum penalty: $1 250.

44—Production of documents relating to cargo

1. The master or owner of a commercial vessel must, at the request of an authorised person—

   (a)produce for inspection and copying all records and documents (including cartnotes, shipping notes and weigh notes) relating to the cargo of that vessel; and

   (b)provide the reference number for the bill of lading relating to that cargo.

   Maximum penalty: $1 250.

2. An authorised person who views a record or document in the course of official duties connected with the administration of the Act must not divulge the contents of that record or document to any person except in the course of those duties.

   Maximum penalty: $1 250.

Division 5—Pilotage

45—Interpretation of Part 5 Division 5

In this Division a reference to a vessel of a length appropriate to a category of pilotage exemption certificate is a reference—

(a)in the case of a category 1 certificate—to a vessel that is more than 35 metres in length;

(b)in the case of a category 2 certificate—to a vessel that is more than 65 metres in length;

(c)in the case of a category 3 certificate—to a vessel that is more than 155 metres in length;

(d)in the case of a category 4 certificate—to a vessel that is more than 185 metres in length.

46—Licensing of pilots: section 33

To be licensed as a pilot a person must—

(a)hold a Master Class 1 certificate of competency issued by the marine authority of the Commonwealth or a qualification under the law of some other place recognised under the Commonwealth Act as equivalent to such a certificate of competency; and

(b)have had extensive experience in operating vessels in the harbor in respect of which the application is made of a nature that demonstrates, in the opinion of the CEO, that the applicant has developed a sound practical knowledge of the harbor and traffic in the harbor; and

(c)be a fit and proper person to hold a licence; and

(d)satisfactorily pass an examination set by the CEO that examines whether the applicant—

(i)has a sound knowledge of the harbor in respect of which the application is made, and, in particular, of the soundings, minimum keel clearances, tides and currents, buoys, beacons, lights and signals of or within the harbor and the approaches to the harbor; and

(ii)has a sound knowledge of the law applying generally to harbors and of the law applying to the particular harbor in respect of which the application is made; and

(iii)has a sound knowledge of the traffic control practices, traffic patterns, and signals, rules and communications, applying in the harbor; and

(e)comply with the following eyesight standards:

(i)in the case of an applicant who does not use corrective lenses—the applicant must be able to read without the aid of corrective lenses all letters on the fifth line of a letter card based on Snellen's principle; and

(ii)in the case of an applicant who uses corrective lenses—

(A)the applicant must be able to read with the aid of corrective lenses all letters on the sixth line of the letter card based on Snellen's principle and read without the aid of corrective lenses all letters on the fourth line of the card; and

(B)the sight in the applicant's better eye must not be worse than 6/6 on the basis of Snellen's principle; and

(iii)in the case of all applicants—the applicant must not suffer from a progressive eye disorder; and

(f)if the CEO so requires—satisfactorily pass an examination set by the CEO to examine whether the applicant can easily distinguish variously coloured lanterns; and

(g)comply with the following medical standards: the applicant must not suffer any mental or physical impairment that may affect his or her ability to perform the duties of a pilot.

47—Pilotage exemption certificates: section 34

1. Pilotage exemption certificates will be of the following classes:

   (a)category 1—for vessels up to 65 metres in length;

   (b)category 2—for vessels up to 155 metres in length;

   (c)category 3—for vessels up to 185 metres in length;

   (d)category 4—for vessels up to 215 metres in length.

2. The CEO may specify in a category 3 or 4 certificate that the certificate is limited to vessels of a lesser length if the CEO considers that appropriate in relation to the harbor or section of harbor to which the application for the certificate relates.

3. A pilotage exemption certificate operates only in respect of navigation during daylight hours unless it is endorsed for night navigation.

4. A pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate (during daylight hours or the hours of darkness) for—

   (a)in the case of a category 1 certificate—12 months;

   (b)in any other case—six months.

5. An endorsement for night navigation on a pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate during the hours of darkness for—

   (a)in the case of a category 1 certificate—12 months;

   (b)in any other case—six months,

   but, subject to the Act and these regulations, the holder of the certificate may continue to navigate vessels pursuant to the certificate during daylight hours.

6. An applicant for a pilotage exemption certificate—

   (a)must hold a certificate of competency for a trading or fishing vessel of the length appropriate to the category of certificate applied for; and

   (b)in the case of an applicant for a category 1 certificate who does not hold a current pilotage exemption certificate of any category—must have undertaken, as master of a vessel over 35 metres in length—

   (i)two qualifying entry voyages during daylight hours; and

   (ii)two qualifying exit voyages during daylight hours; and

   (c)in the case of an applicant for a category 2, 3 or 4 certificate who does not hold a current pilotage exemption certificate of any category—

   (i)must have undertaken, as master of a vessel of not less than the length appropriate to the category—

   (A)three qualifying entry voyages during daylight hours; and

   (B)three qualifying exit voyages during daylight hours; and

   (C)one further qualifying entry voyage either during daylight hours or during the hours of darkness; and

   (D)one further qualifying exit voyage either during daylight hours or during the hours of darkness; or

   (ii)must have undertaken—

   (A)as master of a vessel of not less than the length appropriate to the category—

   •two qualifying entry voyages during daylight hours; and

   •two qualifying exit voyages during daylight hours; and

   (B)as first mate (actively on duty on the bridge of the vessel) of a vessel of not less than the length appropriate to the category—

   •three qualifying entry voyages during daylight hours; and

   •three qualifying exit voyages during daylight hours; and

   (d)in the case of an applicant who holds a current pilotage exemption certificate of another category—must have undertaken, as master of a vessel of at least the length appropriate to the new category sought—

   (i)two qualifying entry voyages during daylight hours; and

   (ii)two qualifying exit voyages during daylight hours; and

   (e)in the case of an applicant who applies for an endorsement for night navigation—

   (i)if the application is for a category 1 certificate—must have undertaken—

   (A)one further qualifying entry voyage of the kind required for the certificate but during the hours of darkness; and

   (B)one further qualifying exit voyage of the kind required for the certificate but during the hours of darkness; and

   (ii)if the application is for a category 2, 3 or 4 certificate—must have undertaken—

   (A)three further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and

   (B)three further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and

   (f)must otherwise be eligible to be licensed as a pilot (apart from the certificate of competency and experience requirements); and

   (g)must be the master of a vessel that is—

   (i)registered in Australia or New Zealand and which generally trades between ports in Australia or New Zealand; or

   (ii)used for the purposes of dredging, hydrographic or oil exploration or fishing or used to support the activities of another vessel that is used for one of those purposes.

48—Re-examination

1. A pass in an examination for eligibility for a pilot's licence remains valid for the purposes of the issue of a pilot's licence or pilotage exemption certificate for a period of 12 months from the date of the examination, unless the CEO determines otherwise.

2. Where a person fails an examination for eligibility for a pilot's licence, the CEO—

   (a)may determine that no further attempt may be made by that person until after a specified interval of time; and

   (b)may require the person to complete a further period of experience during that interval.

49—Duration of pilot's licence

A pilot's licence remains in force until—

(a)the licensee dies; or

(b)the licence is surrendered or cancelled.

50—Duration and renewal of pilotage exemption certificates

1. Subject to the Act and these regulations, a pilotage exemption certificate remains in force for two years and may be renewed for successive periods of two years.

2. The CEO must, on application made in accordance with these regulations, renew a pilotage exemption certificate if satisfied—

   (a)that the applicant complies with the eyesight and medical standards required for issue of a certificate; and

   (b)that the applicant has used the certificate at least as often as required by these regulations.

3. A pilotage exemption certificate that is not in force because it has not been used at least as often as required by these regulations or that has expired may nevertheless be renewed, on application in accordance with these regulations, if—

   (a)less than two years has elapsed since the certificate ceased to be in force or expired; and

   (b)the CEO is satisfied that the applicant has undertaken the following qualifying voyages in the period since the certificate ceased to be in force or expired:

   (i)if the application is for a category 1 certificate—the applicant must have undertaken, as master of a vessel over 35 metres in length—

   (A)one qualifying entry voyage during daylight hours; and

   (B)one qualifying exit voyage during daylight hours; and

   (C)if the application includes an application for an endorsement for night navigation—

   •one further qualifying entry voyage during the hours of darkness; and

   •one further qualifying exit voyage during the hours of darkness; and

   (ii)in any other case—the applicant must have undertaken, as master of a vessel of not less than the length appropriate to the category of certificate—

   (A)if the period since the applicant last navigated a vessel pursuant to the certificate is less than 12 months—

   •one qualifying entry voyage during daylight hours; and

   •one qualifying exit voyage during daylight hours; and

   •if the application includes an application for an endorsement for night navigation, one further qualifying entry voyage during the hours of darkness, and one further qualifying exit voyage during the hours of darkness; and

   (B)if the period since the applicant last navigated a vessel pursuant to the certificate is 12 months or more but less than 24 months—

   •two qualifying entry voyages during daylight hours; and

   •two qualifying exit voyages during daylight hours; and

   •if the application includes an application for an endorsement for night navigation—two further qualifying entry voyages during the hours of darkness and two further qualifying exit voyages during the hours of darkness; and

   (C)if the period since the applicant last navigated a vessel pursuant to the certificate is 24 months or more—

   •three qualifying entry voyages during daylight hours; and

   •three qualifying exit voyages during daylight hours; and

   •if the application includes an application for an endorsement for night navigation—three further qualifying entry voyages during the hours of darkness, and three further qualifying exit voyages during the hours of darkness; and

   (c)the CEO is satisfied that the applicant has visited the harbor, or the section of the harbor, in respect of which the application is made and satisfactorily updated his or her knowledge of the harbor and traffic in the harbor.

51—Equivalent qualifying voyages

Where the CEO is satisfied that it is impracticable for an applicant for a pilotage exemption certificate, or for renewal of a pilotage exemption certificate, to complete a required qualifying entry or exit voyage either during the hours of darkness or during daylight hours, the CEO may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage.

52—Application for pilot's licence or pilotage exemption certificate

1. An application for a pilot's licence, pilotage exemption certificate or renewal of a pilotage exemption certificate—

   (a)must be made to the CEO; and

   (b)must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

   (c)must specify the harbor or the section of the harbor in respect of which the licence or certificate is sought; and

   (d)must, in the case of a pilotage exemption certificate, specify whether or not the applicant requires endorsement for night navigation; and

   (e)must be accompanied by the fee (if any) fixed by Schedule 14.

2. An applicant for a pilot's licence or pilotage exemption certificate must provide to the satisfaction of the CEO—

   (a)a reference from a suitable person as to the character of the applicant; and

   (b)proof that the applicant meets the required eyesight standards, consisting of a report of a legally qualified medical practitioner or registered optician of the results of an optical examination of the applicant conducted within the previous 6 months; and

   (c)proof that the applicant meets the required medical standards, consisting of a report of a legally qualified medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and

   (d)any other information or records that the CEO reasonably requires.

3. An applicant for renewal of a pilotage exemption certificate must provide to the satisfaction of the CEO—

   (a)proof that the applicant meets the required eyesight standards, consisting of a report of a legally qualified medical practitioner or registered optician of the results of an optical examination of the applicant conducted within the previous 6 months; and

   (b)proof that the applicant meets the required medical standards, consisting of a report of a legally qualified medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and

   (c)a statement setting out and certifying the date of the last use of the certificate and giving details of the voyage concerned and certifying that the certificate has been used at least as often as required by these regulations; and

   (d)any other information or records that the CEO reasonably requires.

53—Replacement licences and certificates

1. A replacement pilot's licence or pilotage exemption certificate must not be issued unless the original (or previous duplicate) licence or certificate is returned to the CEO or the CEO is satisfied that the licence or certificate has been lost, stolen or destroyed.

2. A replacement pilotage exemption certificate will only be issued on payment of the fee fixed by Schedule 14.

54—Obligations of pilot or master

A person who holds a pilot's licence or pilotage exemption certificate must—

(a)on receiving the licence or certificate, sign it; and

(b)notify the CEO as soon as practicable of—

(i)any change of his or her name or address; or

(ii)any physical or mental impairment that may affect his or her ability to navigate a vessel.

Maximum penalty: $750.

55—Records to be kept by holder of pilotage exemption certificate

A person who holds a pilotage exemption certificate must keep a record of each occasion on which he or she navigates a vessel pursuant to the certificate (including the dates of the voyages concerned and the name of the vessel navigated).

Maximum penalty: $750.

56—Compulsory pilotage: section 35

Section 35 of the Act (requiring vessels 35 metres or more in length to be piloted) applies in the following harbors:

Port Adelaide (from the pilot station 2 nautical miles south west of the channel entrance beacon)

Port Augusta (from the pilot station 2 nautical miles west of the northern light beacon on Eastern Shoal)

Port Bonython (from the Port Pirie pilot station 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′S, longitude 137°45.5′E)

Port Giles (from the pilot station 21/2 nautical miles east of the seaward end of Port Giles jetty)

Port Lincoln (from the pilot station 11/2 nautical miles east south east of Boston Point Light)

Port Pirie (from the pilot station 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′S, longitude 137°45.5′E)

Thevenard (from the pilot station 1 nautical mile south west of the entrance beacon)

Wallaroo (from the pilot station 11/2 nautical miles west of the channel entrance beacon)

Whyalla (from the pilot station 11/2 nautical miles south east of the entrance beacon).

Part 6—Crewing

Division 1—Preliminary

57—Interpretation of Part 6

In this Part, a reference to a certificate of competency of a particular class (including a certificate of competency with a particular endorsement) extends to a qualification under the law of some other place declared under these regulations to be equivalent to a certificate of competency of that class.

58—Vessels to which crewing requirements apply: section 37

Part 6 of the Act applies to all commercial vessels (that is trading vessels and fishing vessels) except—

(a)a ferry or punt that crosses a river or fairway by means of ropes or cables;

(b)a fishing vessel that—

(i)is 7.5 metres or less in length; and

(ii)is only operated within smooth or partially smooth water; and

(iii)is only used for or in connection with the propagation or rearing of molluscs in marine waters.

59—Application for exemption from crewing requirements: section 39

1. An application for an exemption from the obligation to comply with the requirements with regard to the crewing of a vessel—

   (a)must be made to the CEO; and

   (b)must conform to the requirements of the CEO about its form, contents and the manner in which it is made; and

   (c)must be accompanied by the fee fixed by Schedule 14.

2. An applicant under this regulation must provide the CEO with such information and records as the CEO reasonably requires.

Division 2—Fishing vessels

60—Minimum crewing for fishing vessels: section 38(1)

Subject to these regulations, the minimum requirements as to the number and respective qualifications of the crew that must be carried by a fishing vessel are as specified in Schedule 6.

61—Breach by crew of minimum qualifications requirement

1. Where a certificate of competency of a particular class or with a particular endorsement is specified under this Division in relation to a fishing vessel as the minimum qualification to be held by a master or chief mate of a vessel, a person must not (except in an emergency at sea) take charge of a navigation watch on that vessel unless he or she has at least the minimum qualifications specified for one of those persons or is acting in accordance with an exemption under section 39 of the Act.

   Maximum penalty: $4 000.

2. Where a certificate of competency of a particular class or with a particular endorsement is specified under this Division in relation to a fishing vessel as the minimum qualification to be held by a chief or second engineer of a vessel, a person must not (except in an emergency at sea) take charge of the operation of the main propulsion machinery of the vessel unless he or she has at least the minimum qualifications specified for one of those persons or is acting in accordance with an exemption under section 39 of the Act.

   Maximum penalty: $4 000.

Division 3—Trading vessels

62—Breach by crew of minimum qualifications requirement

1. Where a certificate of competency of a particular class or with a particular endorsement is specified—

   (a)in a determination by the State Crewing Committee under the Act; or

   (b)in an exemption granted under section 39 of the Act,

   as the minimum qualification to be held by a master, or chief or other mate of a trading vessel, a person must not (except in an emergency at sea) take charge of a navigation watch on that vessel unless he or she has at least the minimum qualifications specified for one of those persons.

   Maximum penalty: $4 000.

2. Where a certificate of competency of a particular class or with a particular endorsement is specified—

   (a)in a determination by the State Crewing Committee under the Act; or

   (b)in an exemption granted under section 39 of the Act,

   as the minimum qualification to be held by a chief or other engineer of a trading vessel, a person must not (except in an emergency at sea) take charge of the operation of the main propulsion machinery of the vessel unless he or she has at least the minimum qualifications specified for one of those persons.

   Maximum penalty: $4 000.

Part 7—Certificates of competency

63—Vessels in relation to which certificates of competency required: section 46

Part 7 of the Act applies to—

(a)a recreational vessel fitted with an engine;

(b)a commercial vessel (that is any trading vessel or fishing vessel) apart from a ferry or punt that crosses a river or fairway by means of ropes or cables.

64—Exemptions from section 47(3) and (4)

1. Section 47(3) of the Act does not apply in relation to—

   (aa)the operation of a recreational vessel by a person who holds a temporary Boat Operator's Licence issued under this Part; or

   (a)the operation of a recreational vessel at a speed of 10 knots or less by a person who is at least 12 years of age under the direct supervision of a person who holds a Boat Operator's Licence or a temporary Boat Operator's Licence; or

   (b)the operation of a recreational vessel by a person who—

   (i)is usually resident in another State or a Territory of the Commonwealth; and

   (ii)holds a licence, permit or other document issued under the law of that other State or Territory authorising him or her to operate a vessel of that class,

   during a period of 90 days following the day on which the person first operates a vessel in the jurisdiction while visiting this State; or

   (c)the operation of a hire and drive houseboat by a person who—

   (i)is at least 18 years of age; and

   (ii)—

   (A)holds a current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or

   (B)holds a current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and

   (iii)has received practical instruction from the owner of the houseboat sufficient to meet the requirements of regulation 91; or

   (d)the operation of a hire and drive small vessel by a person who—

   (i)is at least 16 years of age; and

   (ii)has received practical instruction from the owner of the vessel sufficient to meet the requirements of regulation 91.

2. Section 47(4) of the Act does not apply to a person who hires out a recreational vessel the operation of which is exempt from the application of section 47(3) of the Act under this regulation.

3. In this regulation—

   hire and drive houseboat and hire and drive small vessel have the same meanings as in regulation 78.

65—Classes of certificates of competency

Certificates of competency will be of the following classes:

(a)for recreational vessels—

Boat Operator's Licence;

(b)for trading vessels operating solely on the River Murray or inland waters—

Master Class 4 River Murray and Inland Waters

Master Class 5 River Murray and Inland Waters

Master Class 5 River Murray and Inland Waters (Houseboats)

Coxswain River Murray and Inland Waters;

(c)for other trading vessels—

Master Class 3

Master Class 4

Mate Class 4

Master Class 5

Coxswain

Marine Engineer Class 3

Marine Engine Driver Grade 1

Marine Engine Driver Grade 2

Marine Engine Driver Grade 3;

(d)for fishing vessels—

Skipper Grade 1

Skipper Grade 2

Skipper Grade 3

Coxswain

Marine Engineer Class 3

Marine Engine Driver Grade 1

Marine Engine Driver Grade 2

Marine Engine Driver Grade 3.

66—Requirements for certificate of competency: section 48(2)

1. An applicant for a Boat Operator's Licence must—

   (a)be at least 16 years of age; and

   (b)meet the following eyesight standards: the sight in the applicant's better eye must not be worse than 6/18 on the basis of Snellen's principle; and

   (c)meet the following medical standards: the applicant must not suffer any mental or physical impairment that may affect his or her ability to operate or undertake duties on a vessel pursuant to a Boat Operator's Licence; and

   (d)satisfactorily pass any practical, written or oral examination set by the CEO for the purpose.

2. An applicant will be taken to meet the required eyesight and medical standards if the applicant meets the standards required for obtaining a motor vehicle driver's licence.

3. An applicant for a certificate of competency of a class appropriate to a trading vessel operating solely on the River Murray or inland waters must comply with the requirements (as to age, eyesight and other medical standards, experience and the passing of examinations) applicable to the particular class of certificate set out in Schedule 7.

4. An applicant for a certificate of competency of a class appropriate to any other trading vessel must comply with the requirements (as to age, eyesight and other medical standards, experience and the passing of examinations) applicable to the particular class of certificate set out in Part 3 of Section 2 of the Code.

5. An applicant for a certificate of competency of a class appropriate to a fishing vessel must comply with the requirements (as to age, eyesight and other medical standards, experience, and the passing of examinations) applicable to the particular class of certificate set out in Part 3 of Section 3 of the Code.

6. An applicant for a certificate of competency of any class must be a fit and proper person to hold a certificate of the particular class.

67—Re-examination

1. A pass in an examination for applicants seeking certificates of competency remains valid for the purposes of the issue, endorsement, recognition or re-validation of a certificate of competency—

   (a)in the case of an oral or a practical examination—for a period of 12 months from the date of the examination; and

   (b)in the case of a written examination—for a period of five years from the date of the examination,

   unless the CEO determines otherwise.

2. Where a person fails an examination for applicants seeking certificates of competency, the CEO—

   (a)may determine that no further attempt may be made by that person until after a specified interval of time; and

   (b)may require the person to complete a further period of experience during that interval.

68—Equivalent experience and qualifications etc

1. Where the CEO is satisfied that a person who applies to be examined for the issue of a certificate of competency has experience, training or educational qualifications (including relevant experience, training or qualifications obtained in the armed services, an educational institution or other organisation) that substantially comply with the requirements of these regulations as to experience and the passing of examinations, the CEO may, to the extent that he or she thinks fit, accept that experience or training or those educational qualifications as a substitute for compliance with those requirements.

(ii)    temporary permit (24 hours)	$5.50
(c)     Port Pirie Boat Haven
(i)     annual permit—
•      vessels 9 metres and over in length	$145.00
•      vessels less than 9 metres in length	$73.50
(ii)    temporary permit (24 hours)	$5.50
Levies
44		Facilities levy for power‑driven recreational vessel—
(a)    personal water craft	$25.00
(ab)     houseboat, paddle steamer, or other vessel designed for inland waters, that is operated only on the River Murray and moored (when not in use or under inspection, service or repair) at a permanent mooring facility on the River Murray	$32.50
(b)    other, according to length of vessel as follows:
(i)     not more than 3.1 metres	nil
(ii)    more than 3.1 metres but not more than 3.5 metres	$25.00
(iii)    more than 3.5 metres but not more than 5 metres	$41.50
(iv)    more than 5 metres but not more than 6 metres	$50.00
(v)    more than 6 metres but not more than 7 metres	$58.50
(vi)    more than 7 metres but not more than 8 metres	$66.50
(vii)     more than 8 metres but not more than 9 metres	$75.00
(viii)     more than 9 metres but not more than 10 metres	$83.50
(ix)    more than 10 metres but not more than 11 metres	$91.50
(x)    more than 11 metres but not more than 12 metres	$100.00
(xi)    more than 12 metres but not more than 13 metres	$108.00
(xii)     more than 13 metres but not more than 14 metres	$117.00
(xiii)     more than 14 metres but not more than 15 metres	$125.00
(xiv)    more than 15 metres but not more than 16 metres	$133.00
(xv)     more than 16 metres but not more than 17 metres	$142.00
(xvi)    more than 17 metres but not more than 18 metres	$150.00
(xvii)    more than 18 metres but not more than 19 metres	$158.00
(xviii)   more than 19 metres but not more than 20 metres	$167.00
(xix)    more than 20 metres in length	$208.00

Legislative history

Notes

•This version is comprised of the following:

Part 1	1.7.2004
Part 2	13.7.2009
Part 3	1.7.2003 (Reprint No 28)
Part 4	4.8.2008
Part 5	13.7.2009
Part 6	1.7.2003 (Reprint No 28)
Part 7	1.7.2008
Part 8	1.7.2008
Part 9	16.4.2009
Part 10	13.7.2009
Part 11	1.7.2003 (Reprint No 28)
Part 12	1.7.2003 (Reprint No 28)
Part 13	1.7.2003 (Reprint No 28)
Part 14	1.7.2008
Schedule 1	1.7.2003 (Reprint No 28)
Schedule 2	1.7.2003 (Reprint No 28)
Schedule 3	15.12.2005
Schedule 3A	14.8.2008
Schedule 4	13.7.2009
Schedule 5	13.7.2009
Schedule 6	1.7.2003 (Reprint No 28)
Schedule 7	1.7.2003 (Reprint No 28)
Schedule 8	1.7.2008
Schedule 9	25.9.2008
Schedule 10	4.8.2008
Schedule 11	1.7.2008
Schedule 12	12.10.2006
Schedule 13	4.8.2008
Schedule 14	1.7.2009

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Harbors and Navigation Regulations 1994 have been superseded by the Harbors and Navigation Regulations 2009.

These regulations were impliedly revoked on 1.9.2009.

Legislation revoked by principal regulations

The Harbors and Navigation Regulations 1994 revoked the following:

All regulations previously made under the Harbors Act 1936, the Boating Act 1974 and the Marine Act 1936

Principal regulations and variations

Year	No	Reference	Commencement
1994	176	Gazette 20.10.1994 p988	24.10.1994: r 2
1994	195	Gazette 24.11.1994 p1619	24.11.1994: r 2
1994	196	Gazette 24.11.1994 p1621	24.11.1994: r 2
1995	2	Gazette 5.1.1995 p49	5.1.1995: r 2
1995	84	Gazette 10.5.1995 p2059	1.7.1995: r 2
1995	155	Gazette 13.7.1995 p83	1.10.1995: r 2
1995	180	Gazette 31.8.1995 p636	31.8.1995: r 2
1995	198	Gazette 26.10.1995 p1208	26.10.1995: r 2
1995	217	Gazette 30.11.1995 p1527	1.1.1996: r 2
1995	234	Gazette 21.12.1995 p1800	21.12.1995: r 2
1996	20	Gazette 1.2.1996 p1020	1.2.1996: r 2
1996	38	Gazette 14.3.1996 p1655	14.3.1996: r 2
1996	75	Gazette 23.5.1996 p2576	23.5.1996: r 2
1996	122	Gazette 30.5.1996 p2737	1.7.1996: r 2
1996	149	Gazette 13.6.1996 p2946	13.6.1996: r 2
1996	259	Gazette 23.12.1996 p2262	3.2.1997: r 2
1997	17	Gazette 20.2.1997 p1000	20.2.1997: r 2
1997	29	Gazette 13.3.1997 p1191	13.3.1997: r 2
1997	39	Gazette 27.3.1997 p1374	21.4.1997: r 2
1997	104	Gazette 13.5.1997 p1914	1.7.1997: r 2
1997	223	Gazette 13.11.1997 p1304	1.12.1997: r 2
1998	12	Gazette 29.1.1998 p383	29.1.1998: r 2
1998	26	Gazette 31.3.1998 p1598	30.3.1998: r 2
1998	47	Gazette 21.5.1998 p2231	21.5.1998: r 2
1998	90	Gazette 28.5.1998 p2363	1.7.1998: r 2
1998	139	Gazette 11.6.1998 p2552	1.7.1998: r 2
1998	219	Gazette 17.12.1998 p1986	17.12.1998: r 2
1999	3	Gazette 14.1.1999 p405	14.1.1999: r 2
1999	13	Gazette 25.2.1999 p1175	25.2.1999: r 2
1999	93	Gazette 27.5.1999 p2881	1.7.1999: r 2
1999	114	Gazette 3.6.1999 p3031	3.6.1999: r 2
1999	159	Gazette 29.7.1999 p626	29.7.1999: r 2
1999	182	Gazette 2.9.1999 p1097	16.9.1999: r 2
1999	191	Gazette 23.9.1999 p1305	23.9.1999: r 2
1999	199	Gazette 30.9.1999 p1393	1.11.1999: r 2
1999	206	Gazette 14.10.1999 p1979	25.10.1999: r 2
1999	231	Gazette 25.11.1999 p2541	1.12.1999: r 2
1999	232	Gazette 25.11.1999 p2544	13.12.1999: r 2
2000	98	Gazette 25.5.2000 p2787	1.7.2000: r 2
2000	267	Gazette 23.11.2000 p3313	23.12.2000: r 2
2000	272	Gazette 30.11.2000 p3381	7.12.2000: r 2
2001	20	Gazette 15.3.2001 p930	22.3.2001: r 2
2001	74	Gazette 31.5.2001 p2002	1.7.2001: r 2
2001	172	Gazette 12.7.2001 p2616	1.9.2001: r 2
2001	220	Gazette 20.9.2001 p4275	20.9.2001: r 2
2001	226	Gazette 4.10.2001 p4377	31.10.2001: r 2
2001	257	Gazette 13.12.2001 p5401	20.12.2001: r 2
2002	39	Gazette 6.6.2002 p2095	6.6.2002: r 2
2002	114	Gazette 20.6.2002 p2640	1.7.2002: r 2
2002	145	Gazette 18.7.2002 p2909	18.7.2002: r 2
2002	207	Gazette 7.11.2002 p4061	7.11.2002: r 2
2003	122	Gazette 29.5.2003 p2320	1.7.2003: r 2
2003	233	Gazette 20.11.2003 p4237	24.11.2003: r 2
2004	84	Gazette 27.5.2004 p1557	1.7.2004: r 2
2004	231	Gazette 4.11.2004 p4190	1.12.2004: r 2
2005	98	Gazette 26.5.2005 p1513	1.7.2005: r 2
2005	225	Gazette 20.10.2005 p3781	20.10.2005: r 2
2005	263	Gazette 8.12.2005 p4221	8.12.2005: r 2
2005	280	Gazette 15.12.2005 p4372	15.12.2005: r 2
2006	43	Gazette 27.4.2006 p1175	27.4.2006: r 2
2006	45	Gazette 4.5.2006 p1249	4.5.2006: r 2
2006	131	Gazette 15.6.2006 p1832	1.7.2006: r 2
2006	197	Gazette 10.8.2006 p2649	10.8.2006: r 2
2006	232	Gazette 12.10.2006 p3716	12.10.2006: r 2
2007	1	Gazette 18.1.2007 p245	18.1.2007: r 2
2007	64	Gazette 31.5.2007 p2222	31.5.2007: r 2
2007	81	Gazette 7.6.2007 p2356	1.7.2007: r 2
2007	249	Gazette 25.10.2007 p4053	4.2.2008: r 2
2007	269	Gazette 29.11.2007 p4405	29.11.2007: r 2
2008	9	Gazette 31.1.2008 p362	4.2.2008 immediately after 249/2007: r 2
2008	64	Gazette 5.6.2008 p1914	1.7.2008: r 2
2008	152	Gazette 5.6.2008 p2205	4.8.2008: r 2
2008	172	Gazette 26.6.2008 p2620	1.7.2008 immediately after 64/2008: r 2
2008	216	Gazette 14.8.2008 p3629	14.8.2008: r 2
2008	256	Gazette 18.9.2008 p4512	25.9.2008: r 2
2009	40	Gazette 16.4.2009 p1437	16.4.2009: r 2
2009	81	Gazette 4.6.2009 p2411	1.7.2009: r 2
2009	199	Gazette 2.7.2009 p3104	13.7.2009: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Pt 1
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004
r 5
r 5(4)	varied by 219/1998 Sch	17.12.1998
r 6	varied by 267/2000 r 3	23.12.2000
r 7	deleted by 226/2001 r 3	31.10.2001
Pt 2
r 8
r 8(1)
AS	substituted by 249/2007 r 4(1)	4.2.2008
fishing apparatus	inserted by 199/2009 r 4	13.7.2009
ISO	inserted by 249/2007 r 4(2)	4.2.2008
moor	substituted by 267/2000 r 4(a)	23.12.2000
navigation pass	inserted by 152/2008 r 4(1)	4.8.2008
personal watercraft	inserted by 231/1999 r 3	1.12.1999
substituted by 257/2001 r 3	20.12.2001
Port River Expressway Bridges	inserted by 152/2008 r 4(2)	4.8.2008
protected waters	substituted by 29/1997 r 3(a)	13.3.1997
semi-protected waters	varied by 29/1997 r 3(b)	13.3.1997
underway	varied by 267/2000 r 4(b)	23.12.2000
unprotected waters	varied by 29/1997 r 3(c)	13.3.1997
V distress sheet	(c) deleted by 267/2000 r 4(c)	23.12.2000
VHF FM radiotelephony equipment	inserted by 172/2008 r 4	1.7.2008
VVHF FM radiotelephony equipment	deleted by 172/2008 r 4	1.7.2008
r 8(6)	inserted by 256/2008 r 4	25.9.2008
r 9A	inserted by 226/2001 r 4	31.10.2001
Pt 4
r 13A	inserted by 233/2003 r 4	24.11.2003
r 14
r 14(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 r 3, Sch	17.12.1998
r 14(2) and (3)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 2219/1998 Sch	17.12.1998
r 14(4)	deleted by 226/2001 r 5	31.10.2001
r 14(5)	inserted by 206/1999 r 3	25.10.1999
r 14A	inserted by 152/2008 r 5	4.8.2008
Pt 5
Pt 5 Div 1	heading substituted by 226/2001 r 6	31.10.2001
r 15	substituted by 226/2001	31.10.2001
r 15A	inserted by 226/2001	31.10.2001
Pt 5 Div 2
r 16
r 16(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 226/2001 r 7(a)	31.10.2001
r 16(3)	substituted by 226/2001 r 7(b)	31.10.2001
r 17
r 17(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
substituted by 267/2000 r 5	23.12.2000
r 17(1a)	inserted by 267/2000 r 5	23.12.2000
r 18	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 19
r 19(1)—(3)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 19(5)
trolley	varied by 226/2001 r 8	31.10.2001
r 20	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 22
r 22(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 226/2001 r 9(a)	31.10.2001
r 22(2)	varied by 226/2001 r 9(b)	31.10.2001
r 22(3)	inserted by 226/2001 r 9(c)	31.10.2001
r 23	varied by 219/1998 Sch	17.12.1998
r 25	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 26
r 26(1)	varied by 226/2001 r 10	31.10.2001
r 26(2)	varied by 219/1998 Sch	17.12.1998
r 27
r 27(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 28
r 28(3)	varied by 219/1998 Sch	17.12.1998
r 28(4)	varied by 219/1998 Sch	17.12.1998
varied by 226/2001 r 11	31.10.2001
r 29	varied by 219/1998 Sch	17.12.1998
varied by 172/2008 r 5	1.7.2008
r 30
r 30(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 31
r 31(1)	varied by 226/2001 r 12(a)	31.10.2001
r 31(2)	varied by 219/1998 Sch	17.12.1998
varied by 226/2001 r 12(b)	31.10.2001
r 31(3) and (4)	varied by 219/1998 Sch	17.12.1998
deleted by 267/2000 r 6	23.12.2000
r 31(5)	varied by 2/1995 r 3	5.1.1995
deleted by 226/2001 r 12(c)	31.10.2001
r 31(6)	deleted by 226/2001 r 12(c)	31.10.2001
r 32
r 32(1)	varied by 219/1998 Sch	17.12.1998
varied by 226/2001 r 13(a)	31.10.2001
r 32(2)	varied by 267/2000 r 7	23.12.2000
r 32(3)	varied by 2/1995 r 4	5.1.1995
deleted by 226/2001 r 13(b)	31.10.2001
r 32(4)	deleted by 226/2001 r 13(b)	31.10.2001
r 33	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
Pt 5 Div 3
r 33A	inserted by 47/1998 r 3	21.5.1998
varied by 226/2001 r 14	31.10.2001
r 34
r 34(1)	varied by 47/1998 r 4(a)	21.5.1998
r 34(2)	varied by 47/1998 r 4(b)	21.5.1998
r 34(2a)	inserted by 47/1998 r 4(c)	21.5.1998
r 34(3)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 47/1998 r 4(d)	21.5.1998
varied by 219/1998 Sch	17.12.1998
r 35
r 35(1)	varied by 47/1998 r 5	21.5.1998
r 36
r 36(1)	varied by 47/1998 r 6(a)	21.5.1998
r 36(2)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 47/1998 r 6(b)	21.5.1998
varied by 219/1998 Sch	17.12.1998
r 36(3)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 36(4)—(6)	deleted by 47/1998 r 6(c)	21.5.1998
r 37
r 37(1)	varied by 47/1998 r 7	21.5.1998
r 37(2)	substituted by 226/2001 r 15	31.10.2001
r 38
r 38(1)	varied by 47/1998 r 8(a)	21.5.1998
r 38(2)	varied by 47/1998 r 8(b)	21.5.1998
r 38(4)	substituted by 47/1998 r 8(c)	21.5.1998
r 38A	inserted by 47/1998 r 9	21.5.1998
r 39	varied by 47/1998 r 10	21.5.1998
Pt 5 Div 4
r 39A	inserted by 226/2001 r 16	31.10.2001
r 40
r 40(1)	varied by 219/1998 Sch	17.12.1998
r 41
r 41(1)	varied by 219/1998 Sch	17.12.1998
r 42	varied by 219/1998 Sch	17.12.1998
r 43
r 43(7) and (8)	varied by 219/1998 Sch	17.12.1998
r 44
r 44(1) and (2)	varied by 219/1998 Sch	17.12.1998
Pt 5 Div 5
rr 54 and 55	varied by 219/1998 Sch	17.12.1998
r 56	varied by 1/2007 r 4(1), (2)	18.1.2007
varied by 199/2009 r 5	13.7.2009
Pt 6
Pt 6 Div 1
r 58	varied by 267/2000 r 8	23.12.2000
Pt 6 Div 2
r 61
r 61(1) and (2)	varied by 219/1998 Sch	17.12.1998
Pt 6 Div 3
r 62
r 62(1) and (2)	varied by 219/1998 Sch	17.12.1998
Pt 7
r 64
r 64(1)	r 64 varied and redesignated as r 64(1) by 182/1999 r 3(a), (b)	16.9.1999
varied by 267/2000 r 9	23.12.2000
r 64(2) and (3)	inserted by 182/1999 r 3(b)	16.9.1999
r 66
r 66(4)	varied by 191/1999 r 3(a)	23.9.1999
(a) and (b) deleted by 191/1999 r 3(a)	23.9.1999
r 66(5)	varied by 191/1999 r 3(b)	23.9.1999
(a) and (b) deleted by 191/1999 r 3(b)	23.9.1999
r 69
r 69(3)	inserted by 191/1999 r 4	23.9.1999
r 70A	inserted by 191/1999 r 5	23.9.1999
r 71
r 71(1)	varied by 191/1999 r 6(a)	23.9.1999
r 71(2)	varied by 191/1999 r 6(b)	23.9.1999
r 71(4)	substituted by 191/1999 r 6(c)	23.9.1999
r 71(5) and (6)	deleted by 191/1999 r 6(c)	23.9.1999
r 72
r 72(1)	varied by 219/1998 Sch	17.12.1998
r 73
r 73(3)	varied by 267/2000 r 10	23.12.2000
r 73(5)	varied by 219/1998 Sch	17.12.1998
varied by 231/2004 r 4	1.12.2004
r 74
r 74(5)	inserted by 172/2008 r 6	1.7.2008
r 74A	inserted by 267/2000 r 11	23.12.2000
r 74A(1)	(a) deleted by 231/2004 r 5(1)	1.12.2004
r 74A(1a)	inserted by 231/2004 r 5(2)	1.12.2004
r 74A(1b)	inserted by 231/2004 r 5(2)	1.12.2004
r 74A(2)	varied by 231/2004 r 5(3)	1.12.2004
r 76	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 77	deleted by 182/1999 r 4	16.9.1999
Pt 8
Pt 8 Div 1
r 78
hire and drive small vessel	inserted by 182/1999 r 5(a)	16.9.1999
varied by 231/1999 r 4	1.12.1999
hire and drive vessel	inserted by 182/1999 r 5(a)	16.9.1999
hirer	varied by 182/1999 r 5(b)	16.9.1999
owner	varied by 182/1999 r 5(c), (d)	16.9.1999
r 78A	inserted by 182/1999 r 6	16.9.1999
Pt 8 Div 2
r 79
r 79(3)	varied by 182/1999 r 7	16.9.1999
r 79(4)	inserted by 43/2006 r 4	27.4.2006
r 80	substituted by 182/1999 r 8	16.9.1999
r 80(1a)	inserted by 43/2006 r 5	27.4.2006
Pt 8 Div 3
r 84
r 84(1)	varied by 267/2000 r 12	23.12.2000
r 84(1a)	inserted by 257/2001 r 4	20.12.2001
r 87
r 87(2)	varied by 267/2000 r 13	23.12.2000
r 87A	inserted by 267/2000 r 14	23.12.2000
r 87A(5)	substituted by 64/2008 r 4	1.7.2008
Pt 8 Div 4
r 88	varied by 219/1998 Sch	17.12.1998
substituted by 182/1999 r 9	16.9.1999
r 88(3)	inserted by 267/2000 r 15	23.12.2000
r 89
r 89(1)	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 10(a), (b)	16.9.1999
varied by 267/2000 r 16	23.12.2000
r 89(2)	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 10(c)	16.9.1999
r 89(3)	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 10(d)	16.9.1999
r 90
r 90(1)	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 11(a)—(d)	16.9.1999
r 90(2)	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 11(e)—(g)	16.9.1999
r 91	varied by 219/1998 Sch	17.12.1998
substituted by 182/1999 r 12	16.9.1999
Pt 8 Div 5
r 92	varied by 219/1998 Sch	17.12.1998
r 92(1)	r 92 varied and redesignated as r 92(1) by 182/1999 r 13(a), (b)	16.9.1999
r 92(2)	inserted by 182/1999 r 13(b)	16.9.1999
varied by 231/1999 r 5	1.12.1999
r 92(3)	inserted by 182/1999 r 13(b)	16.9.1999
Pt 8 Div 6
r 93	varied by 219/1998 Sch	17.12.1998
varied by 182/1999 r 14	16.9.1999
r 94	varied by 219/1998 Sch	17.12.1998
substituted by 182/1999 r 15	16.9.1999
Pt 9
heading	substituted by 249/2007 r 5	4.2.2008
Pt 9 Div 1
r 97
r 97(1)	varied by 267/2000 r 17	23.12.2000
r 97(2)	varied by 219/1998 Sch	17.12.1998
r 97A	inserted by 267/2000 r 18	23.12.2000
r 97A
r 97A(8)—(10)	inserted by 74/2001 r 3	1.7.2001
r 100
r 100(1a)	inserted by 172/2001 r 3	1.9.2001
varied by 231/2004 r 6(1)	1.12.2004
r 100(1b)	inserted by 231/2004 r 6(2)	1.12.2004
r 101(2)	varied by 172/2001 r 4	1.9.2001
r 101(3)	varied by 219/1998 Sch	17.12.1998
r 104
r 104(7) and (8)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 105
r 105(1a)	inserted by 40/2009 r 4	16.4.2009
r 105(3) and (4)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 106
r 106(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 106(2)	varied by 231/2004 r 7(1)	1.12.2004
r 106(2a)	inserted by 231/2004 r 7(2)	1.12.2004
r 108
r 108(2)	varied by 219/1998 Sch	17.12.1998
r 110	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
Pt 9 Div 1A	inserted by 172/2001 r 5	1.9.2001
Pt 9 Div 2
r 115
r 115(2)	varied by 219/1998 Sch	17.12.1998
r 115A	inserted by 267/2000 r 19	23.12.2000
r 117
r 117(1) and (2)	varied by 219/1998 Sch	17.12.1998
Pt 9 Div 3
r 119
r 119(3)	inserted by 64/2008 r 5(1)	1.7.2008
r 120
r 120(2) and (3)	varied by 219/1998 Sch	17.12.1998
Pt 9 Div 4
r 123A	inserted by 256/2008 r 5	25.9.2008
Pt 9 Div 6	inserted by 249/2007 r 6	4.2.2008
r 125E	varied by 9/2008 r 4	4.2.2008
Pt 10
Pt 10 Div 1
r 126
r 126(2)	varied by 219/1998 Sch	17.12.1998
varied by 231/2004 r 8(1)	1.12.2004
r 126(3) and (4)	inserted by 231/2004 r 8(2)	1.12.2004
r 127
r 127(2)	varied by 219/1998 Sch	17.12.1998
varied by 231/2004 r 9(1)	1.12.2004
r 127(3) and (4)	inserted by 231/2004 r 9(2)	1.12.2004
r 128
r 128(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1996
varied by 219/1998 Sch	17.12.1998
r 128(2)—(7)	varied by 219/1998 Sch	17.12.1998
varied by 231/2004 r 10	1.12.2004
Pt 10 Div 2
r 129
r 129(1)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 231/1999 r 6(b)	1.12.1999
(c) and (d) deleted by 231/1999 r 6(a)	1.12.1999
r 129(2)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 129(3)	deleted by 226/2001 r 17	31.10.2001
r 129(4)	inserted by 231/1999 r 6(c)	1.12.1999
Pt 10 Div 3
r 131	varied by 219/1998 Sch	17.12.1998
Pt 10 Div 4
r 132	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 20	23.12.2000
varied by 231/1999 r 7	1.12.1999
varied by 20/2001 r 3	22.3.2001
r 132A	inserted by 231/1999 r 8	1.12.1999
r 132B
r 132B(1)	inserted by 231/1999 r 8	1.12.1999
varied by 272/2000 r 3(a)	7.12.2000
r 132B(1a)	inserted by 272/2000 r 3(b)	7.12.2000
r 133	varied by 219/1998 Sch	17.12.1998
r 134
r 134(1)	varied by 219/1998 Sch	17.12.1998
substituted by 267/2000 r 21(a)	23.12.2000
r 134(2)	varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 21(b)	23.12.2000
r 134(3)	inserted by 267/2000 r 21(c)	23.12.2000
Pt 10 Div 5
r 135	varied by 219/1998 Sch	17.12.1998
r 136
r 136(2)	substituted by 172/2008 r 7	1.7.2008
r 136(2a)	inserted by 172/2008 r 7	1.7.2008
r 136(3)	varied by 267/2000 r 22	23.12.2000
r 136(4)	varied by 219/1998 Sch	17.12.1998
rr 137 and 138	varied by 219/1998 Sch	17.12.1998
Pt 10 Div 6
r 139
r 139(1)	varied by 13/1999 r 3(a)	25.2.1999
r 139(1a)	inserted by 13/1999 r 3(b)	25.2.1999
r 139(2)	varied by 29/1997 r 4	13.3.1997
r 139(6a)	inserted by 13/1999 r 3(c)	25.2.1999
r 139
r 139(7)	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 13/1999 r 3(d)	25.2.1999
r 140	varied by 267/2000 r 23	23.12.2000
r 141	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
r 141(1)	r 141 varied by and redesignated as r 141(1) by 267/2000 r 24(a), (b)	23.12.2000
(c) deleted by 267/2000 r 24(a)	23.12.2000
r 141(2)	inserted by 267/2000 r 24(b)	23.12.2000
r 142	varied by 259/1996 r 3 (Sch cl 12)	3.2.1997
varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 25	23.12.2000
Pt 10 Div 7
r 143
r 143(1)—(6)	varied by 219/1998 Sch	17.12.1998
Pt 10 Div 8
r 144	varied by 199/2009 r 6	13.7.2009
r 148	varied by 219/1998 Sch	17.12.1998
Pt 10 Div 9
r 149
r 149(1)	varied by 155/1995 r 3	1.10.1995
substituted by 152/2008 r 6(1)	4.8.2008
r 149(2)	varied by 219/1998 Sch	17.12.1998
substituted by 152/2008 r 6(2)	4.8.2008
r 149(4)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 6(3), (4)	4.8.2008
r 149(5)—(8)	inserted by 152/2008 r 6(5)	4.8.2008
rr 149AA and 149AB	inserted by 152/2008 r 7	4.8.2008
r 149A	inserted by 257/2001 r 5	20.12.2001
r 149A(2)	varied by 152/2008 r 8(1)	4.8.2008
r 149A(3)	varied by 152/2008 r 8(2)	4.8.2008
r 149A(4)	varied by 152/2008 r 8(3)	4.8.2008
r 149A(5)	varied by 152/2008 r 8(4)	4.8.2008
r 149A(6)	varied by 152/2008 r 8(5)	4.8.2008
r 149A(7)	varied by 152/2008 r 8(6), (7)	4.8.2008
r 149A(8)	deleted by 152/2008 r 8(8)	4.8.2008
r 149B	inserted by 152/2008 r 9	4.8.2008
r 150
r 150(1)	varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 26(a)	23.12.2000
r 150(2)	varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 26(b)	23.12.2000
varied by 152/2008 r 10(1)	4.8.2008
r 150(3)	varied by 219/1998 Sch	17.12.1998
varied by 267/2000 r 26(c)	23.12.2000
deleted by 152/2008 r 10(2)	4.8.2008
r 150(4)	deleted by 267/2000 r 26(d)	23.12.2000
r 150(5)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(3)	4.8.2008
r 150(6)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(4)	4.8.2008
r 150(7)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(5)	4.8.2008
r 150(8)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(6)	4.8.2008
r 150(9)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(7)	4.8.2008
r 150(10)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(8)	4.8.2008
r 150(11)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(9)	4.8.2008
r 150(12)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 10(10), (11)	4.8.2008
r 150(13)	deleted by 152/2008 r 10(12)	4.8.2008
r 151
r 151(1)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 11(1)	4.8.2008
r 151(3)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 11(2), (3)	4.8.2008
r 151(4)	varied by 219/1998 Sch	17.12.1998
varied by 152/2008 r 11(4)	4.8.2008
Pt 10 Div 10
r 151A	inserted by 180/1995 r 3	31.8.1995
r 151A(3)	varied by 219/1998 Sch	17.12.1998
r 151B	inserted by 114/1999 r 3	3.6.1999
r 151C	inserted by 1/2007 r 5	18.1.2007
r 151C(5)
prescribed transhipment point	varied by 172/2008 r 8	1.7.2008
r 152	varied by 219/1998 Sch	17.12.1998
r 153
r 153(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 154
r 154(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 154A	inserted by 267/2000 r 27	23.12.2000
r 155
r 155(1)	varied by 219/1998 Sch	17.12.1998
r 156
r 156(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 156 (3)	inserted by 226/2001 r 18	31.10.2001
r 157
r 157(1)	varied by 219/1998 Sch	17.12.1998
r 157(3)	varied by 172/2008 r 9	1.7.2008
r 158
r 158(1)	varied by 219/1998 Sch	17.12.1998
varied by 172/2008 r 10	1.7.2008
varied by 152/2008 r 12	4.8.2008
r 158(2)	deleted by 226/2001 r 19	31.10.2001
Pt 11
r 160	substituted by 267/2000 r 28	23.12.2000
Pt 14
Pt 14 Div 1
r 165
r 165(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 166
r 166(1) and (2)	varied by 219/1998 Sch	17.12.1998
r 170	varied by 219/1998 Sch	17.12.1998
r 171
r 171(4)	varied by 219/1998 Sch	17.12.1998
r 171A	inserted by 172/2008 r 11	1.7.2008
Pt 14 Div 2
172
r 172(2)	varied by 219/1998 Sch	17.12.1998
r 173
r 173(2)	varied by 219/1998 Sch	17.12.1998
Pt 14 Div 3
r 174
r 174(2)	deleted by 64/2008 r 6	1.7.2008
r 176	deleted by 64/2008 r 7	1.7.2008
r 177	substituted by 220/2001 r 3	20.9.2001
Pt 14 Div 4	deleted by 259/1996 r 3 (Sch cl 12)	3.2.1997
Pt 14 Div 5
r 179	varied by 219/1998 Sch	17.12.1998
Sch 1	varied by 159/1999 r 4(b) (Sch 2 cl 1)	29.7.1999
varied by 267/2000 r 29	23.12.2000
Sch 3	varied by 2/1995 r 5	5.1.1995
varied by 75/1996 r 3	23.5.1996
varied by 226/2001 r 20	31.10.2001
varied by 231/2004 r 11	1.12.2004
varied by 263/2005 r 4(1), (2)	8.12.2005
Sch 3A	inserted by 226/2001 r 21	31.10.2001
Ardrossan	inserted by 39/2002 r 3	6.6.2002
varied by 231/2004 r 12	1.12.2004
Port Adelaide	varied by 263/2005 r 5	8.12.2005
substituted by 269/2007 r 4	29.11.2007
substituted by 216/2008 r 4	14.8.2008
Sch 4
cl 1
cl 1(2)
Item 1	varied by 206/1999 r 4(a)	25.10.1999
Item 7A	inserted by 207/2002 r 3(a)	7.11.2002
Item 8A	inserted by 231/2004 r 13(1)	1.12.2004
Item 9A	inserted by 231/2004 r 13(2)	1.12.2004
Item 10	inserted by 38/1996 r 3(a)	14.3.1996
Items 10A and 10B	inserted by 207/2002 r 3(b)	7.11.2002
Item 11	inserted by 149/1996 r 3(a)	13.6.1996
varied by 231/1999 r 9	1.12.1999
Item 12	inserted by 257/2001 r 6(a)	20.12.2001
cl 2	varied by 195/1994 r 3	24.11.1994
varied by 198/1995 r 3	26.10.1995
varied by 234/1995 r 3	21.12.1995
varied by 38/1996 r 3(b)	14.3.1996
varied by 149/1996 r 3(b)—(d)	13.6.1996
varied by 39/1997 r 3	21.4.1997
varied by 223/1997 r 3(a)	1.12.1997
varied by 26/1998 r 3(a)	30.3.1998
varied by 3/1999 r 3	14.1.1999
varied by 199/1999 r 3	1.11.1999
varied by 206/1999 r 4(b)	25.10.1999
varied by 232/1999 r 3	13.12.1999
varied by 272/2000 r 4	7.12.2000
varied by 267/2000 r 30(a)	23.12.2000
varied by 20/2001 r 4	22.3.2001
varied by 257/2001 r 6(b), (c)	20.12.2001
varied by 207/2002 r 3(c)	7.11.2002
varied by 231/2004 r 13(3)—(7)	1.12.2004
varied by 280/2005 r 4	15.12.2005
varied by 45/2006 r 4	4.5.2006
varied by 197/2006 r 4	10.8.2006
varied by 172/2008 r 12(1), (2)	1.7.2008
varied by 199/2009 r 7	13.7.2009
cl 3	inserted by 223/1997 r 3(b)	1.12.1997
varied by 231/2004 r 13(8)	1.12.2004
cl 4	inserted by 26/1998 r 3(b)	30.3.1998
deleted by 267/2000 r 30(b)	23.12.2000
cl 5	inserted by 206/1999 r 4(c)	25.10.1999
deleted by 257/2001 r 6(d)	20.12.2001
Sch 5
Delineation Ardrossan	varied by 231/2004 r 14(1), (2)	1.12.2004
Delineation Blanchetown
Area 2	inserted by 39/1997 r 4(a)	21.4.1997
Currency Creek	inserted by 149/1996 r 4(a)	13.6.1996
East Wellington	inserted by 234/1995 r 4(a) (Sch 1)	21.12.1995
Fisherman Bay	inserted by 3/1999 r 4	14.1.1999
Fleurieu Reef	inserted by 207/2002 r 4	7.11.2002
Glenelg	inserted by 195/1994 r 4	24.11.1994
Goolwa	substituted by 149/1996 r 4(b)	13.6.1996
Area 2	varied by 231/2004 r 14(3)	1.12.2004
Area 3	substituted by 206/1999 r 5(a)	25.10.1999
Area 4	varied by 12/1998 r 3(a)	29.1.1998
Area 7	substituted by 12/1998 r 3(b)	29.1.1998
Area 8	inserted by 206/1999 r 5(b)	25.10.1999
substituted by 231/2004 r 14(4)	1.12.2004
Map — Areas 2 and 3	substituted by 206/1999 r 5(c)	25.10.1999
substituted by 231/2004 r 14(5)	1.12.2004
Map — Areas 4, 5 and 6	substituted by 12/1998 r 3(c) (Sch 1)	29.1.1998
Map — Area 7	substituted by 12/1998 r 3(d) (Sch 2)	29.1.1998
Map — Area 8	inserted by 206/1999 r 5(c)	25.10.1999
substituted by 231/2004 r 14(5)	1.12.2004
Lake Bonney (Barmera Areas 1 and 2)	substituted by 272/2000 r 5	7.12.2000
Meningie
Area 1	Area redesignated as Area 1 by 172/2008 r 13(1)	1.7.2008
Area 2	inserted by 172/2008 r 13(2)	1.7.2008
Map—Area 2	inserted by 172/2008 r 13(2)	1.7.2008
Nildottie	inserted by 3/1999 r 4	14.1.1999
Port Bonython	inserted by 223/1997 r 4	1.12.1997
Point Turton before substitution by 225/2005
Area 1	Area redesignated as Area 1 by 231/2004 r 14(6)	1.12.2004
Area 2	inserted by 231/2004 r 14(7)	1.12.2004
Map—Area 2	inserted by 231/2004 r 14(8)	1.12.2004
Point Turton	substituted by 225/2005 r 4(1)	20.10.2005
Port Adelaide	inserted by 231/2004 r 14(9)	1.12.2004
substituted by 263/2005 r 6	8.12.2005
substituted by 199/2009 r 8	13.7.2009
Port Elliot	inserted by 149/1996 r 4(c)	13.6.1996
Porter Bay	inserted by 39/1997 r 4(b)	21.4.1997
Port Hughes	inserted by 231/2004 r 14(10)	1.12.2004
Port Neill	inserted by 234/1995 r 4(b) (Sch 2)	21.12.1995
Port Vincent	inserted by 232/1999 r 4	13.12.1999
Map—Areas 1 and 2	substituted by 225/2005 r 4(2)	20.10.2005
Area 2	substituted by 231/2004 r 14(11)	1.12.2004
Robe	inserted by 199/1999 r 4	1.11.1999
Swanport	inserted by 172/2008 r 13(3)	1.7.2008
Map	inserted by 172/2008 r 13(3)	1.7.2008
Swan Reach	substituted by 17/1997 r 3	20.2.1997
Thevenard	inserted by 198/1995 r 4	26.10.1995
Thistle Island	inserted by 38/1996 r 4	14.3.1996
substituted by 225/2005 r 4(3)	20.10.2005
Area 2	substituted by 45/2006 r 5	4.5.2006
Tumby Bay
Area 4	inserted by 234/1995 r 4(c), (d) (Sch 3)	21.12.1995
Area 5	inserted by 20/2001 r 5(a)	22.3.2001
Map — Area 5	inserted by 20/2001 r 5(b)	22.3.2001
Victor Harbor	inserted by 257/2001 r 7	20.12.2001
Wallaroo Bay	inserted by 231/2004 r 14(12)	1.12.2004
West Beach	inserted by 26/1998 r 4	30.3.1998
Whyalla
Area 2	varied by 280/2005 r 5(1)	15.12.2005
Area 2A	inserted by 280/2005 r 5(2)	15.12.2005
Areas 4 and 5	inserted by 231/2004 r 14(13)	1.12.2004
Map
Areas 1, 2 and 3	substituted by 280/2005 r 5(3)	15.12.2005
Areas 4 and 5	inserted by 231/2004 r 14(14)	1.12.2004
Yatco Lagoon	inserted by 231/2004 r 14(15)	1.12.2004
substituted by 225/2005 r 4(4)	20.10.2005
Sch 8
cl 5
cl 5(4)	varied by 267/2000 r 31(a)	23.12.2000
cl 9	varied by 267/2000 r 31(b)	23.12.2000
cl 13
cl 13(3)	varied by 172/2008 r 14	1.7.2008
cl 16
cl 16(2)	varied by 257/2001 r 8(a)	20.12.2001
cl 17
cl 17(6)	varied by 257/2001 r 8(b)	20.12.2001
Sch 9
Pt 1	heading substituted by 267/2000 r 32(a)	23.12.2000
cl 1	substituted by 267/2000 r 32(b)	23.12.2000
cl 6
cl 6(1)	varied by 20/1996 r 3(a)—(c)	1.2.1996
varied by 29/1997 r 5(a), (b)	13.3.1997
varied by 267/2000 r 32(c)—(i)	23.12.2000
varied by 256/2008 r 6(1)	25.9.2008
cl 6(2)	varied by 20/1996 r 3(d)—(f)	1.2.1996
varied by 29/1997 r 5(c)	13.3.1997
varied by 223/1997 r 5	1.12.1997
varied by 267/2000 r 32(j)—(p)	23.12.2000
varied by 256/2008 r 6(2)	25.9.2008
cl 6(4)	inserted by 196/1994 r 3	24.11.1994
substituted by 20/1996 r 3(g)	1.2.1996
Map — Spencer Gulf and Gulf St. Vincent	inserted by 20/1996 r 3(g)	1.2.1996
cl 7
cl 7(3)	varied by 267/2000 r 32(q)	23.12.2000
cl 7(3a)	inserted by 267/2000 r 32(r)	23.12.2000
cl 7(4)	varied by 231/1999 r 10	1.12.1999
cl 7(5)	substituted by 267/2000 r 32(s)	23.12.2000
cl 7(7)	varied by 3/1999 r 5	14.1.1999
cl 9A	inserted by 249/2007 r 7	4.2.2008
cl 13	varied by 267/2000 r 32(t)—(v)	23.12.2000
Pt 4
cl 20
cl 20(3)	deleted by 256/2008 r 6(3)	25.9.2008
cl 22
cl 22(1)	substituted by 172/2008 r 15(1)	1.7.2008
cl 22(2)	varied by 172/2008 r 15(2), (4), (6)	1.7.2008
(b)(i)(A) deleted by 172/2008 r 15(3)	1.7.2008
(b)(i)(E), (F) deleted by 172/2008 r 15(5)	1.7.2008
Sch 10	varied by 2/1995 r 6	5.1.1995
varied by 223/1997 r 6	1.12.1997
varied by 219/1998 r 4	17.12.1998
varied by 13/1999 r 4	25.2.1999
varied by 231/1999 r 11	1.12.1999
substituted by 272/2000 r 6	7.12.2000
cl 1	(b) varied by 145/2002 r 3(a)	18.7.2002
(d) deleted 257/2001 r 9(a)	20.12.2001
(d) inserted by 145/2002 r 3(b)	18.7.2002
varied by 172/2008 r 16	1.7.2008
cl 2	varied by 257/2001 r 9(b)	20.12.2001
varied by 145/2002 r 3(c)	18.7.2002
varied by 231/2004 r 15	1.12.2004
varied by 225/2005 r 5(1), (2)	20.10.2005
varied by 197/2006 r 5(1)—(4)	10.8.2006
varied by 64/2007 r 4	31.5.2007
varied by 152/2008 r 13	4.8.2008
cl 3	varied by 257/2001 r 9(c)	20.12.2001
Sch 11	varied by 267/2000 r 33	23.12.2000
varied by 172/2008 r 17	1.7.2008
Sch 12	varied by 74/2001 r 4	1.7.2001
varied by 232/2006 r 4	12.10.2006
Sch 13	deleted by 259/1996 r 3 (Sch cl 12)	3.2.1997
Sch 13	inserted by 152/2008 r 14	4.8.2008
Sch 14	heading substituted by 172/2008 r 18	1.7.2008
varied by 84/1995 r 3	1.7.1995
varied by 217/1995 r 3	1.1.1996
substituted by 122/1996 r 3	1.7.1996
varied by 104/1997 r 3	1.7.1997
substituted by 90/1998 r 3	1.7.1998
varied by 139/1998 r 3	1.7.1998
varied by 93/1999 r 3	1.7.1999
substituted by 98/2000 r 3	1.7.2000
varied by 267/2000 r 34	23.12.2000
substituted by 74/2001 r 5	1.7.2001
varied by 172/2001 r 6	1.9.2001
varied by 220/2001 r 4	20.9.2001
substituted by 114/2002 r 3	1.7.2002
substituted by 122/2003 r 4	1.7.2003
substituted by 84/2004 r 4	1.7.2004
varied by 98/2005 r 4	1.7.2005
substituted by 131/2006 r 4	1.7.2006
varied by 232/2006 r 5	12.10.2006
substituted by 81/2007 r 4	1.7.2007
varied by 64/2008 r 8(1), (2)	1.7.2008
varied by 172/2008 r 19(1), (2)	1.7.2008
substituted by 81/2009 r 4	1.7.2009

Transitional etc provisions associated with regulations or variations

Regulations Variation (Common Expiation Scheme) Regulations 1996 (No 259 of 1996)

4—Transitional provision

A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

No 220 of 2001

5—Transitional provision relating to the Boating Facility Advisory Committee

On the commencement of regulation 177 of the principal regulations as substituted by these regulations—

(a)a person who, immediately prior to that commencement, was a member of the Boating Facility Advisory Committee, will be taken to be appointed under that substituted regulation as a member of the Committee for the balance of his or her term of office; and

(b)a person who, immediately prior to that commencement, was a proxy member of the Committee, will be taken to be appointed under that substituted regulation as a deputy member of the Committee; and

(c)the member who, immediately prior to that commencement, was the presiding member of the Committee, will be taken to be appointed under that substituted regulation as the presiding member.

Historical versions

Reprint No 1—1.12.1997

Reprint No 2—29.1.1998

Reprint No 3—30.3.1998

Reprint No 4—21.5.1998

Reprint No 5—1.7.1998

Reprint No 6—17.12.1998

Reprint No 7—14.1.1999

Reprint No 8—25.2.1999

Reprint No 9—3.6.1999

Reprint No 10—1.7.1999

Reprint No 11—29.7.1999

Reprint No 12—23.9.1999

Reprint No 13—1.11.1999

Reprint No 14—13.12.1999

Reprint No 15—1.7.2000

Reprint No 16—7.12.2000

Reprint No 17—23.12.2000

Reprint No 18—22.3.2001

Reprint No 19—1.7.2001

Reprint No 20—1.9.2001

Reprint No 21—20.9.2001

Reprint No 22—31.10.2001

Reprint No 23—20.12.2001

Reprint No 24—6.6.2002

Reprint No 25—1.7.2002

Reprint No 26—18.7.2002

Reprint No 27—7.11.2002

Reprint No 28—1.7.2003

Reprint No 29—24.11.2003

1.7.2004

1.12.2004

1.7.2005

20.10.2005

8.12.2005 (electronic only)

15.12.2005

27.4.2006 (electronic only)

4.5.2006

1.7.2006

10.8.2006

12.10.2006

18.1.2007

31.5.2007

1.7.2007

29.11.2007

4.2.2008

1.7.2008

4.8.2008

14.8.2008

25.9.2008

16.4.2009

1.7.2009