Harbors and Navigation Regulations 2023 (SA)

South Australia

Harbors and Navigation Regulations 2023

under the Harbors and Navigation Act 1993

Part 1Preliminary1Short title

These regulations may be cited as the Harbors and Navigation Regulations 2023.

3Interpretation

(1)
In these regulations—
Act means the Harbors and Navigation Act 1993;
certificate of registration, in relation to a vessel, means—
(a)
a certificate of registration issued in respect of the vessel under regulation 82; or
(b)
in the case of a vessel registered in another jurisdiction—a corresponding certificate or other document issued in respect of the vessel by the marine authority of that jurisdiction,
(and a reference to a certificate of registration will be taken to include, if the context permits, a reference to a replacement certificate of registration issued under these regulations);
channel, in relation to a harbor, means an area within the harbor regularly used as a course for vessels entering, leaving or moving within the harbor;
coast station means a shore‑based facility—
(a)
approved by the Minister for the purposes of communications by radio with vessels and maintaining a radio watch; or
(b)
approved by the Minister by notice in the Gazette for the purposes of this definition;
Code means the Uniform Shipping Laws Code endorsed by the Australian Transport 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 reloaded into the crate, box, tank, flat or cylinder; and
(c)
to facilitate transportation by means of more than 1 mode of transport; and
(d)
with devices so as to enable it to be readily handled between 1 mode of transport and another; and
(e)
to carry a load the volume of which is at least 1 cubic metre;
EPIRB means an emergency position indicating radio beacon;
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);
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; or
(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 Navigation Act 2012 of the Commonwealth;
identification mark, in relation to a vessel that is registered under these regulations, means the identification mark assigned to the vessel under regulation 83;
Note—
A HIN on a HIN plate affixed to a vessel in accordance with Part 9 Division 2 Subdivision 6 is not an identification mark within the meaning of this definition.
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;
kiteboard means a vessel (being a surfboard or similar item) propelled by a kite tethered to the vessel or the operator of the vessel;
lifejacket level 50 means a lifejacket that complies with any of the following requirements:
(a)
AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 buoyancy;
(b)
AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 buoyancy;
(c)
AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 50 buoyancy;
(d)
until 31 December 2024—Lifejacket Type—2 AS 1499—1996, as in force on 1 January 2008;
(e)
European Standard EN393‑1993 Lifejackets‑50N, as in force from time to time;
(f)
ISO 12402‑5, as in force from time to time;
(g)
any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph;
lifejacket level 50S means a lifejacket that complies with any of the following requirements:
(a)
AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy;
(b)
AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy;
(c)
AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy;
(d)
until 31 December 2024—Lifejacket Type—3 AS 2260—1996, as in force on 1 January 2008;
(e)
any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph;
lifejacket level 100 or above means—
(a)
a lifejacket that complies with any of the following requirements:
(i)
AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more);
(ii)
AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more);
(iii)
AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more);
(iv)
until 31 December 2024—Lifejackets—Type 1 AS 1512—1996, as in force on 1 January 2008;
(v)
appendix R of section 10 of the Code;
(vi)
European Standard EN399‑1993 Lifejackets‑275N, as in force from time to time;
(vii)
European Standard EN396‑1993 Lifejackets‑150N, as in force from time to time;
(viii)
European Standard EN395‑1993 Lifejackets‑100N, as in force from time to time;
(ix)
ISO 12402‑2, as in force from time to time;
(x)
ISO 12402‑3, as in force from time to time;
(xi)
ISO 12402‑4, as in force from time to time;
(xii)
in the case of a lifejacket intended for use—
(A)
by adults—Canadian General Standards Board CAN/CGSB‑65.11‑M88, as in force from time to time;
(B)
by children—Canadian General Standards Board CAN/CGSB‑65.15‑M88, as in force from time to time;
(xiii)
Underwriters Laboratories Standards UL1180 Fully inflatable lifejackets, as in force from time to time;
(xiv)
New Zealand Standard NZ5823:2001 Type 401, as in force from time to time;
(xv)
any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph; or
(b)
a lifejacket that complies with the requirements of Australian Maritime Safety Authority Marine Orders Part 25 related to the type of lifejackets required to be carried on Australian registered ships;
long blast means a blast of a whistle approximately 5 seconds in 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 CE 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;
motorised canoe or kayak means a canoe or kayak fitted with an electric motor—
(i)
manufactured with a capacity of no more than 150 newtons; and
(ii)
fitted and maintained to the manufacturer's specifications; and
(iii)
containing a power source with a marine grade closed cell 12 volt battery;
National Standard for Commercial Vessels or NSCV means the National Standard for Commercial Vessels endorsed by the Australian Transport Council, as in force from time to time (and includes any standard as in force from time to time referred to in the NSCV);
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;
owner of cargo or goods includes the consignor and consignee of the cargo or goods;
paddle board includes a stand up paddle board;
to park a vehicle includes to leave the vehicle standing;
partially smooth water—the waters specified in Schedule 1 Part 2 are partially smooth waters;
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;
planing attitude, in relation to a vessel, means the attitude of the vessel when buoyancy has ceased to be its sole support and a proportion of its weight is supported by the dynamic lift resulting from the speed of the vessel through the water;
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 Convention has the same meaning as in the Navigation Act 2012 of the Commonwealth;
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 CE (formed after consultation with the relevant port operator), been satisfactorily completed; and
(c)
that has been undertaken not more than 1 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 CE (formed after consultation with the relevant port operator), been satisfactorily completed; and
(c)
that has been undertaken not more than 1 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;
Editorial Note—
The fact that a person is recorded as the registered owner of a vessel does not, in itself, confer proprietary rights on the person in respect of the vessel.
relevant port operator, in relation to a harbor, means the port operator (if any) operating a port comprising or including the whole or some of the land and waters constituting the harbor;
restricted area means an area of water identified in Schedule 5 Part 1;
repealed regulations means the Harbors and Navigation Regulations 2009;
semi‑protected waters means waters inshore of a line 2 nautical miles seaward of the Low Water Mark of a coast or of the banks of Lakes Alexandrina and Albert;
short blast means a blast of a whistle approximately 1 second in duration;
smooth water—the waters specified in Schedule 1 Part 1 are smooth waters;
surveyor means a surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law;
underway, in relation to a vessel, means that the vessel is not moored or aground;
unprotected waters means waters offshore of a line 2 nautical miles seaward of the Low Water Mark of a 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 m by 1.2 m in size; and
(b)
that is fluorescent orange‑red in colour; and
(c)
on which is displayed the letter V in black, the V being not less than 0.8 m in height and the strokes forming the V being not less than 130 mm 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.
(2)
For the purposes of these regulations, a reference in the Code or the NSCV to the Authority will be taken to be a reference to the CE.
(3)
For the purposes of these regulations, a reference to a vessel of a particular class is a reference to a vessel of that class as defined in Part B of the NSCV.
(4)
For the purposes of these regulations, unless the contrary intention appears, a reference to a harbor includes a reference to a port.
(5)
For the purposes of these regulations, vessels will be regarded as in sight of one another only when 1 can be observed visually from the other.
(6)
For the purposes of these regulations, a reference to a particular Australian Standard will, unless the contrary intention appears, be taken to be a reference to that standard as in force from time to time.
(7)
For the purposes of these regulations, a requirement to wear a lifejacket will be taken to include a requirement that the device be of an appropriate size and properly adjusted for the person who is wearing, or will be wearing the lifejacket.
(8)
For the purposes of these regulations, a reference to a lifejacket will, in relation to a lifejacket worn or required to be worn by a child—
(a)
less than 12 years of age; or
(b)
weighing less than 40 kg,
be taken not to include a reference to a lifejacket that is designed to be inflated manually.
(9)
For the purposes of these regulations, a requirement that a person wear, or that a vessel be equipped with, a lifejacket will, in the case of a lifejacket that is designed to inflate automatically on immersion, or to be inflated by the use of a gas cylinder that forms part of the lifejacket, and that has been so inflated, be taken to include a requirement that—
(a)
the lifejacket has been serviced in accordance with the manufacturer's instructions; and
(b)
has not been inflated since being so serviced.
(10)
For the purposes of these regulations, a requirement that a vessel be equipped, for each person on the vessel, with a lifejacket will be taken to include a requirement that the device be of an appropriate size for the wearer and properly adjusted.
(11)
For the purposes of the definitions of semi‑protected waters and unprotected waters, a reference to a coast will be taken to be a reference to—
(a)
the coast of the mainland; and
(b)
the coast of Kangaroo Island.
(12)
For the purposes of paragraph (b) of the definition of crew in section 4(1) of the Act, an observer (as contemplated by regulation 122(5)) in a vessel towing a person is declared to be a member of the vessel's crew.

4Incorporation 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)
If 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.

Part 2Administration5Approvals

(1)
An application for an approval of the CE or a port operator under these regulations must be made in a manner and form determined by the CE or port operator (as the case requires).
(2)
An applicant under this regulation must provide to the CE or port operator such information and records as the CE or port operator reasonably requires.
(3)
An approval given by the CE or a port operator 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 CE or port operator (including a condition fixing a fee to be paid to the CE or port operator); and
(c)
may be varied or revoked by the CE or port operator (as the case requires) at any time.
(4)
If the CE or a port operator gives approval subject to a condition, the person to whom approval is given must not contravene the condition.
Maximum penalty: $5 000.
(5)
In any legal proceedings, a certificate apparently signed by the CE or a port operator certifying an approval or lack of approval under these regulations is, in the absence of proof to the contrary, proof of the matter certified.

6Exclusion of property from vesting in Minister

For the purposes of section 15(3)(c) of the Act, the following real property is excluded from the ambit of that section:
(a)
all subjacent land underlying, and land adjacent to—
(i)
the River Murray upstream of the sea mouth; and
(ii)
all lakes, lagoons and channels connected with the River Murray;
(b)
all subjacent land underlying, and land adjacent to—
(i)
the Onkaparinga River upstream of the seaward boundary of the area of the City of Onkaparinga; and
(ii)
all lakes, lagoons and channels connected with the Onkaparinga River;
(c)
all subjacent land underlying, and land adjacent to—
(i)
the Patawalonga Creek upstream of the seaward boundary of the area of the City of Holdfast Bay; and
(ii)
all lakes, lagoons and channels connected with the Patawalonga Creek;
(d)
all subjacent land underlying, and land adjacent to, the Glenelg River in the Hundred of Caroline, County of Grey;
(e)
all subjacent land underlying, and land adjacent to, any other inland waters except Lake Butler;
(f)
the land adjacent to the seashore situated above the 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;
(g)
all wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land constructed after the commencement of the Act.

Part 3Exemptions and exclusions from certain provisions of Act7Pilotage of Royal Australian Navy vessels

Section 35 of the Act does not apply in relation to vessels belonging to the Royal Australian Navy.

8Licences for aquatic activities – River Murray, Adelaide Dolphin Sanctuary and marine parks

Pursuant to section 26(2c) of the Act, 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 km of the river, and the number of motorised support vessels (if any) will not exceed 2.

Part 4Vessels9Determination of length of vessels

(1)
Pursuant to section 4(3) of the Act, the length of a vessel is to be determined as follows:
(a)
in the case of a commercial vessel—in accordance with Part B of the NSCV;
(b)
in the case of a vessel constructed of pontoons (not being a commercial vessel)—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 (for example 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 (for example a fender, sponson or rubbing strip).

Part 5Restricted areas and restrictions on use of certain waters10Restricted areas

(1)
A person who, without the approval of the CE, contravenes, in a restricted area, a control applying in the area under Schedule 5 is guilty of an offence.
Maximum penalty: $1 250.
(2)
It is a defence to a charge of an offence against subregulation (1) if the defendant proves that they were taking part in—
(a)
a rescue operation or otherwise acting in an emergency; or
(b)
a surf lifesaving activity conducted by a surf lifesaving club.
(3)
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.
Maximum penalty: $1 250.
(4)
It is a defence to a charge of an offence against subregulation (3) if the owner proves that the vessel was operated in the manner constituting the offence without the owner's consent.
(5)
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.
(6)
This regulation does not apply in relation to an authorised person operating a vessel if—
(a)
the authorised person is acting in the course of official duties; and
(b)
in the circumstances, the authorised person is taking reasonable care.

11Special rule in relation to sailing on Port Adelaide River

(1)
A person must not, without the approval of the CE, operate a vessel under sail power alone in the waters of the Port Adelaide River—
1. (a)
  west of the Birkenhead Bridge; or
2. (b)
  in No 1 Dock.

Maximum penalty: $1 250.

(2)
It is a defence to a charge of an offence against 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.
(4)
In this regulation—

No 1 Dock means the waters of the Port Adelaide River east of a line being the prolongation generally south of the western boundary of Piece 118 of Deposited Plan 79638.
Editorial Note—
The following map is provided for convenience of reference only.

12Special rule in relation to swimming etc near Glenelg breakwaters

(1)
A person must not, without lawful excuse, swim, bathe or dive (including scuba dive) in the waters of Gulf St. Vincent that are within 40 m of any part of—
1. (a)
  the northern breakwater or southern breakwater associated with the mouth of the Patawalonga Creek at Glenelg; or
2. (b)
  the breakwater located approximately 165 m south‑west of the southern breakwater associated with the mouth of the Patawalonga Creek at Glenelg.

Maximum penalty: $1 250.

(2)
It is a defence to a charge of an offence against subregulation (1) for the defendant to prove that—
1. (a)
  the defendant was taking part in a rescue operation or otherwise acting in an emergency; or
2. (b)
  the defendant was taking part in a surf lifesaving activity conducted by a surf lifesaving club.

13Certain vessels not to be operated in unprotected waters

(1)
A person must not, without the approval of the CE, operate a personal watercraft in unprotected waters.

Maximum penalty: $1 250.

(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 6Activities in relation to wharves other than in harborsDivision 1Preliminary14Interpretation

In this Part—
wharf means a wharf under the care, control and management of the Minister that is not within a harbor.

Division 2General activities15Obstructions on wharves

(1)
A person must not, without the approval of the CE, 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, onto or from the wharf; or
(c)
impede the free passage of any vehicle or pedestrian on the wharf.
Maximum penalty: $1 250.
(2)
If an item is placed on a wharf in contravention of subregulation (1), an authorised person may—
(a)
direct—
(i)
the owner of the item; or
(ii)
the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded,
to remove the item 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 the CE.

16Obstruction of landing places

(1)
A person must not, without the approval of the CE, moor a vessel at or near a landing place for longer than—
(a)
if the CE has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or
(b)
if a direction is given by the CE or an authorised person—the period specified in the direction; or
(c)
in any other case—a total of 4 hours in any day.
Maximum penalty: $1 250.
(2)
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.
(3)
In this regulation—
landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels.

17Unauthorised activity on wharf

A person must not, without the approval of the CE—
(a)
undertake any work on a wharf that is not related to the loading 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 a notice erected on a wharf by the CE 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.

Division 3Vehicles and pedestrians18Application of Division

This Division applies in relation to the following places:
(a)
all adjacent land vested in the Minister that is not within a harbor;
(b)
all wharves, docks, jetties or other structures vested in the Minister that are not within a harbor.

19Traffic signs

(1)
The CE may erect signs on a place to which this Division applies giving directions for any 1 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.
(3)
The CE may issue a permit exempting the holder from directions specified in the permit.
(4)
A person who contravenes 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 CE exempting the person from the directions and the person complied with the terms of the permit.
Maximum penalty: $1 250.

20Traffic 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 immediately for weighing by portable apparatus; or
(b)
to take the vehicle by the shortest practicable route to a specified weighbridge.

21Parking signs and markings

(1)
The CE 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 CE may be parked.
(2)
A person must not, without the approval of the CE, 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.
Maximum penalty: $1 250.
(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 CE 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.

22Removal 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 by the CE as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division.

23Signs

(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 CE, the Minister or the department on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations 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 CE under this Division.

24Permits

(1)
The CE may issue permits for the purposes of this Division subject to such conditions as the CE thinks fit (including a condition fixing a fee to be paid to the CE).
(2)
The CE may cancel a permit issued under this Division by written notice 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 immediately or at a specified place and within a specified period.

25Evidence

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.

Part 7Harbors and portsDivision 1Preliminary26Interpretation

In this Part (except Division 3 and Division 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 that is within a harbor.

27Definition of harbor boundaries

For the purposes of Schedule 1 of the Act, Schedule 3 defines the boundaries of the harbors referred to in clause 1(1) of that Schedule.

28Constitution of ports

For the purposes of the definition of port in section 4(1) of the Act, each area of land and water described in Schedule 4 is constituted as a port.

Division 2General activities29Obstructions on wharves

(1)
A person must not, without the approval of the CE or the relevant port operator, 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, onto or from the wharf; or
(c)
impede the free passage of any vehicle or pedestrian on the wharf.
Maximum penalty: $1 250.
(2)
If an item is placed on a wharf in contravention of subregulation (1), a port management officer may—
(a)
direct—
(i)
the owner of the item; or
(ii)
the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded,
to remove the item 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 port management officer was an officer or employee of the relevant port operator (other than the Minister)—the port operator; or
(b)
in any other case—the CE.

30Obstruction of landing places

(1)
A person must not, without the approval of the CE or the relevant port operator, moor a vessel at or near a landing place for longer than—
(a)
if the CE or relevant port operator has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or
(b)
if a direction is given by the CE, the relevant port operator or a port management officer—the period specified in the direction; or
(c)
in any other case—a total of 4 hours in any day.
Maximum penalty: $1 250.
(2)
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.
(3)
In this regulation—
landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels.

31Unauthorised activity on wharf

A person must not, without the approval of the CE or the relevant port operator—
(a)
undertake any work on a wharf that is not related to the loading 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 a notice erected on a wharf by the CE or the relevant port operator or in contravention of a direction of a port management officer; 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.

32Use of rail trolley

(1)
A person must not, without the approval of the CE or the relevant port operator, 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.
(2)
A person must not propel a trolley at a dangerous speed or in a dangerous manner.
Maximum penalty: $1 250.
(3)
A person who is propelling a trolley must give other persons effective warning of the approach of the trolley.
Maximum penalty: $1 250.
(4)
A port management officer 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.

33Removal of stevedoring gear after use

The 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.

34Directions relating to dangerous or objectionable cargo

If a port management officer 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 port management officer may give directions to the operator or owner of the vessel or the owner of the cargo—
(a)
prohibiting the unloading of the cargo on to the wharf; or
(b)
prohibiting the storage of the cargo on the wharf; or
(c)
regulating the manner in which the cargo is to be unloaded or stored on the wharf.

35Damage etc caused by cargo

(1)
If cargo on a wharf or contiguous land—
(a)
causes death or injury to a person; or
(b)
causes damage to the wharf or anything on the wharf or contiguous land; or
(c)
creates a nuisance or causes offence; or
(d)
hinders work on the wharf or contiguous land,
(whether by spillage, leakage or otherwise) the owner of the cargo must—
(e)
report the matter to—
(i)
if the wharf or contiguous land is within a port—the relevant port operator; or
(ii)
in any other case—the CE; and
(f)
remove the cargo from the wharf or contiguous land, clean up any spillage and repair any damage to the wharf.
Maximum penalty: $1 250.
(2)
If a person fails to take the action required by subregulation (1)(f), a port management officer 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 port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or
(b)
in any other case—the CE.

36Discharge of liquid on wharves

The 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.

37Abandoned cargo

The CE or relevant port operator may take possession of cargo remaining on a wharf or contiguous land for more than 6 months and may deal with the cargo under the Unclaimed Goods Act 1987.

38Unauthorised entry to wharf or contiguous land

A person must not, without the approval of the CE or the relevant port operator, enter or remain in an area of a wharf or contiguous land to which the Minister or relevant port operator has restricted access by the erection of signs, barriers or by other means.
Maximum penalty: $1 250.

39Watch officers in harbors

(1)
A vessel that is 35 m or more in length and is moored in a harbor must, unless the CE or relevant port operator approves otherwise, have at least 1 person on board for the purposes of communication with the CE, the port operator or a port management officer.
(2)
If subregulation (1) is contravened, the master or operator of the vessel is guilty of an offence.
Maximum penalty: $1 250.

40Tugs

(1)
The operator of a tug that is attending a vessel being navigated under the control or at the direction of a licensed pilot must comply with the directions of the pilot.
Maximum penalty: $5 000.
(2)
The operator 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: $5 000.

41Fuel in vehicles etc

(1)
Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel with a flashpoint 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 flashpoint 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 5 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: $1 250.
(4)
However, subregulation (3) does not apply to the carriage of a vehicle, vessel or machine on an open deck of—
(a)
a ferry; or
(b)
a punt that crosses a river or fairway by means of ropes or cables.
(5)
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 m of any such structure; or
(d)
within 15 m of any cargo; or
(e)
on a vessel or within 15 m of any vessel.
Maximum penalty: $1 250.
(6)
Subregulation (5) does not apply to the transfer of petroleum or other liquid fuel into the tank of a vehicle, vessel or machine—
(a)
in accordance with any sign erected by the CE or a port operator; or
(b)
in accordance with any guidelines published by the CE or the relevant port operator for the purposes of this subregulation.

42Operation 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 Order Part 32—Cargo Handling Equipment under the Navigation Act 2012 of the Commonwealth; or
(b)
an 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.

43Mooring lines in harbors

(1)
The operator of a vessel moored by lines to a wharf or other structure in a harbor must ensure that—
(a)
the vessel is safely moored at all times; and
(b)
the mooring lines are in good condition and properly adjusted.
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 CE or the relevant port operator may authorise a person to interfere with a line in a manner that would otherwise constitute a contravention of subregulation (2).

44Use of vessel engines in harbors

(1)
The engine of a vessel that is more than 35 m in length and is moored at a wharf in a harbor must not, without the approval of the CE or the relevant port operator—
(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 2 hours; or
(b)
be operated so as to turn a propeller or propellers.
(2)
If the engine of a vessel is interfered with or operated in contravention of subregulation (1), the operator of the vessel is guilty of an offence.
Maximum penalty: $1 250.

45Mooring and unmooring of vessels in certain harbors

(1)
A person must not, unless authorised for the purpose by the CE or the relevant port operator, 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 the following vessels:
1. (a)
  a tug, barge or lighter ordinarily used within a harbor to which this regulation applies;
2. (b)
  a vessel with a gross tonnage of less than 1 000 tonnes—
  1. (i)
    ordinarily employed in trading or going between ports or places in the State; or
  2. (ii)
    ordinarily used as a pleasure yacht in South Australian waters;
3. (c)
  a vessel belonging to the Royal Australian Navy.
(3)
Nothing in these regulations prevents a fee being charged for services provided by a person authorised by the CE or the relevant port operator under this regulation.

46Swimming in harbors

A person must not, without the approval of the CE or the relevant port operator, swim or dive in any harbor—
(a)
within 200 m of a vessel that is 15 m 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 m of a vessel that is 15 m 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.

Division 3Vehicles and pedestrians47Application of Division

This Division applies in relation to the following places:
(a)
all adjacent land vested in the Minister that is within a harbor;
(b)
all wharves, docks, jetties or other structures vested in the Minister or a port operator that are within a harbor.

48Traffic signs

(1)
The CE or relevant port operator may erect signs on a place to which this Division applies giving directions for any 1 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.
(3)
The CE or the relevant port operator may issue a permit exempting the holder from directions specified in the permit.
(4)
A person who contravenes 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 CE or the relevant port operator exempting the person from the directions and the person complied with the terms of the permit.
Maximum penalty: $1 250.

49Traffic and other directions

(1)
A port management officer 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)
A port management officer 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 immediately for weighing by portable apparatus; or
(b)
to take the vehicle by the shortest practicable route to a specified weighbridge.

50Parking signs and markings

(1)
The CE or relevant port operator 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 CE or port operator may be parked.
(2)
A person must not, without the approval of the CE or the relevant port operator, 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.
Maximum penalty: $1 250.
(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 CE or the relevant port operator 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.

51Removal of vehicles

(1)
If a vehicle is parked in contravention of this Division and a port management officer 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 port management officer may cause the vehicle to be removed to a convenient place (but this does not empower the port management officer 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 port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or
(b)
in any other case—the CE.

52Signs

(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 CE, the Minister, the department or a port operator on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations 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 CE or a port operator under this Division.

53Permits

(1)
The CE or relevant port operator may issue permits for the purposes of this Division subject to such conditions as the CE or port operator thinks fit (including a condition fixing a fee to be paid to the CE or port operator).
(2)
The CE or relevant port operator may cancel a permit issued under this Division by written notice 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)
A port management officer may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection immediately or at a specified place and within a specified period.

54Evidence

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 4Records55Notice of entry

(1)
The owner or operator of a commercial vessel must, as soon as practicable after arrival of the vessel at a port, deliver a notice of entry to the relevant port operator.
Maximum penalty: $1 250.
(2)
A notice of entry—
(a)
must be made in a manner and form determined by the relevant port operator; and
(b)
must be signed by the operator of the vessel.

56Certain papers to be produced

(1)
The operator of a commercial vessel must, at the request of a port management officer, produce the prescribed papers in respect of the vessel to the relevant port operator.
Maximum penalty: $1 250.
(2)
Subregulation (1) does not apply in relation to a vessel that trades only within the jurisdiction if the prescribed papers in respect of the vessel have been produced to the relevant port operator in the previous 6 months.
(3)
In this regulation—
prescribed papers means—
(a)
in the case of an Australian registered vessel—the certificate of survey issued in respect of the vessel; or
(b)
the certificate of registration issued in respect of the vessel; or
(c)
in the case of a foreign registered vessel—a document issued in respect of the vessel corresponding to a certificate of survey.

57Notice of leaving

A person must not, without the approval of the relevant port operator, remove a commercial vessel of more than 35 m in length from a wharf, mooring or anchorage in a port.
Maximum penalty: $1 250.

58Cargo manifests

(1)
A manifest relating to cargo unloaded from a commercial vessel in a port must be given to the relevant port operator within 3 days after arrival of the vessel.
(2)
A manifest relating to cargo loaded on to a commercial vessel in a port must be given to the relevant port operator within 7 days after departure of the vessel.
(3)
A manifest—
(a)
must be made in a manner and form determined by the relevant port operator; 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 relevant port operator so requires, by reference to codes or descriptions specified by the port operator):
(i)
the name of the vessel and the number assigned to the vessel by the International Maritime Organization;
(ii)
a description of the voyage being undertaken by the vessel;
(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 port operator in respect of the cargo;
(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;
(v)
in the case of a container or other cargo unloaded from the vessel in the port—
(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 restored on the vessel in the port (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 port—a statement to that effect;
(vi)
in the case of a container or other cargo loaded onto the vessel in the port (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 port—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 operator or owner of the vessel.
(4)
Any alteration or correction of a manifest must be notified to the relevant port operator as soon as possible.
(5)
If an alteration or correction of a manifest is notified to the relevant port operator 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 port operator in respect of the cargo.
(6)
If a manifest is not received by the relevant port operator in accordance with this regulation, the charges payable to the port operator in respect of the cargo may be calculated on an estimate by the port operator 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 relevant port operator in accordance with this regulation, the operator 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.

59Production of documents relating to cargo

(1)
The operator or owner of a commercial vessel must, at the request of a port management officer—
(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)
A 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 5Pilotage60Licensing of pilots – qualifications

(1)
For the purposes of section 33 of the Act, a person is qualified to be licensed as a pilot if—
(a)
the person holds—
(i)
a certificate of competency under the Marine Safety (Domestic Commercial Vessel) National Law of a kind specified by the CE for the purposes of this paragraph that is in force; or
(ii)
a seafarer's certificate under the Navigation Act 2012 of the Commonwealth; or
(iii)
a qualification under the law of some other place recognised under the Marine Safety (Domestic Commercial Vessel) National Law or the Navigation Act 2012 of the Commonwealth as equivalent to such a certificate of competency or seafarer's certificate; and
(b)
the person has such experience or knowledge in relation to the operation of vessels in the harbor in respect of which the application is made as may be required by the CE, after consultation with the relevant port operator, for the purposes of this paragraph; and
(c)
the person's eyesight complies with the following requirements:
(i)
in the case of a person who does not use corrective lenses—the person must be able to read without the aid of corrective lenses all letters on the fifth line of a letter card based on the Snellen principle;
(ii)
in the case of a person who uses corrective lenses—
(A)
the person must be able to read with the aid of corrective lenses all letters on the sixth line of the letter card based on the Snellen principle and read without the aid of corrective lenses all letters on the fourth line of the card; and
(B)
the sight in the person's better eye must not be worse than 6/6 on the basis of the Snellen principle;
(iii)
the person must not suffer from a progressive eye disorder;
(iv)
the person must be able to easily distinguish variously coloured lanterns; and
(d)
the person does not suffer any mental or physical impairment that may, in the opinion of the CE (formed after consultation with the relevant port operator), affect their ability to perform the duties of a pilot.
(2)
For the purposes of determining whether a person—
(a)
has the required knowledge in relation to the operation of vessels in the harbor in respect of which an application for a licence is made; or
(b)
can easily distinguish variously coloured lanterns,
the CE may require the person to satisfactorily pass an examination set by the CE.
(3)
A pass in an examination remains valid for the purposes of this regulation for a period of 12 months from the date of the examination, unless the CE determines otherwise.
(4)
If a person fails an examination, the CE may determine that no further attempt may be made by that person for a specified period.

61Duration of pilot's licence

A pilot's licence remains in force until—
(a)
the licensee ceases to be qualified, in accordance with regulation 60, to hold a pilot's licence; or
(b)
the licensee dies; or
(c)
the licence is surrendered or cancelled,
whichever occurs first.

62Pilotage exemption certificates

(1)
Pilotage exemption certificates will be of the following categories:
(a)
category 1—for vessels up to 65 m in length;
(b)
category 2—for vessels up to 155 m in length;
(c)
category 3—for vessels up to 185 m in length.
(2)
Subject to this regulation, the CE may issue a pilotage exemption certificate to the operator of a vessel in respect of a particular harbor or harbors if—
(a)
the operator holds a certificate of competency for a vessel of the length appropriate to the category of certificate applied for; and
(b)
the operator has undertaken a qualifying voyage or voyages as follows:
(i)
in the case of an applicant for a category 1 certificate who does not hold a current pilotage exemption certificate of any category—the operator has undertaken, as operator of a vessel over 35 m in length—
(A)
2 qualifying entry voyages during daylight hours; and
(B)
2 qualifying exit voyages during daylight hours;
(ii)
in the case of an applicant for a category 2 or 3 certificate who does not hold a current pilotage exemption certificate of any category—either—
(A)
the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours; and
•
1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and
•
1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or
(B)
the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category—
•
2 qualifying entry voyages during daylight hours; and
•
2 qualifying exit voyages during daylight hours,
and, as first mate (actively on duty on the bridge of the vessel) of such a vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours;
(iii)
in the case of an operator who holds a current pilotage exemption certificate of another category—the operator has undertaken, as operator of a vessel of at least the length appropriate to the new category sought—
(A)
2 qualifying entry voyages during daylight hours; and
(B)
2 qualifying exit voyages during daylight hours;
(iv)
in the case of an operator who applies for an endorsement for night navigation—
(A)
if the application is for a category 1 certificate—the operator has undertaken—
•
1 further qualifying entry voyage of the kind required for the certificate but during the hours of darkness; and
•
1 further qualifying exit voyage of the kind required for the certificate but during the hours of darkness;
(B)
if the application is for a category 2 or 3 certificate—the operator has undertaken—
•
3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and
•
3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and
(c)
the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot.
(3)
The CE may only issue a pilotage exemption certificate in respect of a harbor for which there is a port operator after consultation with the port operator.
(4)
Without limiting subregulation (2) and subject to this regulation, the CE may issue a pilotage exemption certificate (a special pilotage exemption certificate) to the operator of a vessel in respect of a particular vessel over 185 m in length and in respect of a particular harbor if—
(a)
the operator holds a certificate of competency appropriate to the vessel; and
(b)
the operator has undertaken a qualifying voyage or voyages as follows:
(i)
the operator has undertaken—
(A)
as operator of a vessel of not less than the length of the relevant vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours; and
•
1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and
•
1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or
(B)
as operator of a vessel of not less than the length of the relevant vessel—
•
2 qualifying entry voyages during daylight hours; and
•
2 qualifying exit voyages during daylight hours,
and, as first mate (actively on duty on the bridge of the vessel) of such a vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours;
(ii)
in the case of an operator who holds a current pilotage exemption certificate of category 1, 2 or 3—the operator has undertaken, as operator of a vessel of at least the length of the relevant vessel—
(A)
2 qualifying entry voyages during daylight hours; and
(B)
2 qualifying exit voyages during daylight hours;
(iii)
in the case of an operator who applies for an endorsement for night navigation—the operator has undertaken—
(A)
3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and
(B)
3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and
(c)
the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot.
(5)
The CE may only issue a special pilotage exemption certificate in respect of a harbor for which there is a port operator on the recommendation of the port operator.
(6)
If the CE is satisfied that it is impracticable for an applicant for a category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage.
(7)
The CE may specify in a category 3 pilotage exemption certificate or special pilotage exemption certificate that the certificate is limited to vessels of a lesser length if the CE considers that appropriate in relation to the harbor or section of harbor to which the application for the certificate relates.
(8)
A category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate operates only in respect of navigation during daylight hours unless it is endorsed for night navigation.
(9)
A category 1, 2 or 3 pilotage exemption certificate or special 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 period of not less than—
(a)
in the case of a category 1 certificate—12 months; or
(b)
in the case of a category 2 or 3 certificate—6 months; or
(c)
in the case of a special pilotage exemption certificate—6 months.
(10)
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 period of not less than—
(a)
in the case of a category 1 certificate—12 months; or
(b)
in the case of a category 2 or 3 certificate—6 months; or
(c)
in the case of a special pilotage exemption certificate—6 months,
(but, to avoid doubt, nothing in this subregulation prevents the holder of the certificate from navigating vessels pursuant to the certificate during daylight hours).

63Duration and renewal of pilotage exemption certificates

(1)
Subject to the Act and these regulations, a pilotage exemption certificate remains in force for 2 years and may be renewed, in accordance with any procedure determined by the CE, for successive periods of 2 years.
(2)
The CE must, on application made in accordance with these regulations, renew a pilotage exemption certificate if satisfied—
1. (a)
  that the applicant complies with any eyesight and medical standards required for the issue of a pilot's licence; and
2. (b)
  that the applicant has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force.
(3)
Despite subregulation (2), the CE may renew a pilotage exemption certificate that has ceased to be in force pursuant to regulation 62(9), or that has expired, if—
1. (a)
  less than 2 years has elapsed since the certificate ceased to be in force or expired; and
2. (b)
  subject to this regulation, the CE is satisfied that the applicant has undertaken the following qualifying voyages in the period since the certificate ceased to be in force or expired:
  1. (i)
    if the application relates to a category 1 certificate—the applicant has undertaken, as operator of a vessel over 35 m in length—
    (A)
    1 qualifying entry voyage during daylight hours; and
    (B)
    1 qualifying exit voyage during daylight hours; and
    (C)
    if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness;
  2. (ii)
    if the application relates to a category 2 or 3 certificate—the applicant has undertaken, as operator 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—
    •
    1 qualifying entry voyage during daylight hours; and
    •
    1 qualifying exit voyage during daylight hours; and
    •
    if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness; or
    (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—
    •
    2 qualifying entry voyages during daylight hours; and
    •
    2 qualifying exit voyages during daylight hours; and
    •
    if the application includes an application for an endorsement for night navigation—2 further qualifying entry voyages during the hours of darkness and 2 further qualifying exit voyages during the hours of darkness; or
    (C)
    if the period since the applicant last navigated a vessel pursuant to the certificate is 24 months or more—
    •
    3 qualifying entry voyages during daylight hours; and
    •
    3 qualifying exit voyages during daylight hours; and
    •
    if the application includes an application for an endorsement for night navigation—3 further qualifying entry voyages during the hours of darkness, and 3 further qualifying exit voyages during the hours of darkness; and
3. (c)
  the CE 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 their knowledge of the harbor and traffic in the harbor.
(4)
If the CE is satisfied that it is impracticable for an applicant for renewal of a pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage.

64Application 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—
1. (a)
  must be made to the CE in a manner and form determined by the CE; and
2. (b)
  must specify the harbor or the section of the harbor in respect of which the licence or certificate is sought; and
3. (c)
  in the case of an application for a pilotage exemption certificate or renewal of a pilotage exemption certificate—must specify whether or not the applicant requires endorsement for night navigation; and
4. (d)
  must be accompanied by the fee (if any) fixed by Schedule 11.
(2)
An applicant for a pilot's licence or pilotage exemption certificate must provide to the satisfaction of the CE—
1. (a)
  a reference from a suitable person as to the character of the applicant; and
2. (b)
  proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and
3. (c)
  proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and
4. (d)
  any other information or records that the CE reasonably requires for the purpose of determining the application.
(3)
An applicant for renewal of a pilotage exemption certificate must provide to the satisfaction of the CE—
1. (a)
  proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and
2. (b)
  proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and
3. (c)
  a statement setting out and certifying—
  1. (i)
    the date on which the person last navigated a vessel pursuant to the certificate and giving details of the voyage concerned; and
  2. (ii)
    that the person has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force; and
4. (d)
  any other information or records that the CE reasonably requires for the purpose of determining the application.

65Replacement 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 CE or the CE 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 (if any) fixed by Schedule 11.

66Obligations 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 CE as soon as practicable of—
(i)
any change of their name or address; or
(ii)
any physical or mental impairment that may affect their ability to navigate a vessel.
Maximum penalty: $5 000.

67Records 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 they navigate a vessel pursuant to the certificate (including the dates of the voyages concerned and the name of the vessel navigated).
Maximum penalty: $750.

68Compulsory pilotage

Section 35 of the Act applies in the following harbors:
(a)
Port Adelaide;
Editorial Note—
The pilot station is 2 nautical miles south‑west of the channel entrance beacon latitude 34°48.23′ South, longitude 138°20.81′ East.
(b)
Port Augusta;
Editorial Note—
The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East.
(c)
Port Bonython;
Editorial Note—
The pilot station is 1.1 nautical miles south‑south‑west of the Port Bonython entrance beacon latitude 33°10.00′ South, longitude 137°39.20′ East.
(d)
Port Giles;
Editorial Note—
The pilot station is 2.5 nautical miles east of the seaward end of Port Giles Jetty latitude 35°01.4′ South, longitude 137°49.1′ East.
(e)
Port Lincoln;
Editorial Note—
The pilot station is 1.5 nautical miles east‑south‑east of Boston Point Light latitude 34°39.6′ South, longitude 135°57.85′ East.
(f)
Port Pirie;
Editorial Note—
The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East.
(g)
Thevenard;
Editorial Note—
The pilot station is 1 nautical mile south‑west of the entrance beacon latitude 32°12.6′ South, longitude 133°33.7′ East.
(h)
Wallaroo;
Editorial Note—
The pilot station is 1.5 nautical miles west of the channel entrance beacon latitude 33°54.5′ South, longitude 137°31.6′ East.
(i)
Whyalla.
Editorial Note—
The pilot station is 1.5 nautical miles south‑east of the entrance beacon latitude 33°03.8′ South, longitude 137°38.8′ East.

Part 8Certificates of competency etcDivision 1Applications under this Part69Application for boat operator's licence etc

(1)
This regulation applies to the following applications:
(a)
an application for a boat operator's licence;

Example—
A vessel with a length of 5.5 m and a breadth of 2 m has a capacity of 6 adults.

Table 2—Maximum safe capacity (adults) for conventional vessels with flybridges

Length (m)	4	4.5	5	5.5	6	7	8	9	10
Breadth (m)	4	4.5	5	5.5	6	7	8	9	10
1.5	3	3	4	4	4
2	3	4	4	5	5	6	7	8	8
2.5	5	5	6	7	8	9	9
3	6	7	8	9	10
3.5	9	10	11
4	11	12
4.5	13

Example—
A flybridge vessel with a length of 8 m and a breadth of 2.5 m has a capacity of 8 adults.

Schedule 9—Boat havens

Note—

Unless the contrary intention appears, the maps in this Schedule are provided for convenience of reference only.

North Arm Boat Haven

The portion of the waters of the North Arm of the Port Adelaide River bounded by a line extending generally north and south along the western face of the Wave Screen at the western end and the Grand Trunkway Bridge at the eastern end.

Port MacDonnell Boat Haven

The waters of Port MacDonnell harbor excluding the waters within the area bounded as follows:

(a)
on the south‑east by a line joining the centre of the second turning bay on the breakwater to the seaward end of the jetty;
(b)
on the south‑west by the centre line of the breakwater;
(c)
on the north by the High Water Mark;
(d)
on the north‑east by the production seaward of the north‑eastern boundary of Jefferies Street.

Schedule 10—Notice requirements

A notice required under regulation 134(13) must contain—

(a)
a statement that a copy of the evidence obtained through the operation of a camera installed by the CE on, or in the immediate vicinity of, the Port River Expressway Bridges on which the allegation is based may be viewed on application to the CE;
(b)
a statement that the CE will, in relation to the question of withdrawal of the expiation notice, reminder notice or complaint, give due consideration to any exculpatory evidence that is verified by statutory declaration and furnished to the CE within the period specified in the notice.

Schedule 11—Fees and levies

1—Interpretation

For the purposes of this Schedule—
(a)
when calculating a fee or levy expressed as an amount per metre, part of a metre is to be regarded as a metre; and
(b)
when calculating a fee expressed as an amount per hour, part of an hour is to be regarded as an hour.

2—Fees and levies payable to CE

A fee or levy fixed by this Schedule is payable to the CE.
3—Dishonoured cheque or debit card or credit card transactions
If—
(a)
an amount payable to the CE under the Act or these regulations, or lawfully collected by the CE on behalf of any other person or body, is purportedly paid by the giving of a cheque or use of a debit card or credit card; and
(b)
the cheque is dishonoured on presentation or the amount is not paid to the CE by the body that issued the card or is required to be repaid by the CE,
the CE may, by written notice served personally or by post on the person who is liable to make the payment, require the person to pay to the CE (within a period specified in the notice), the amount payable plus an administration fee of $31.

4—Facilities levy

(1)
The amount of a facilities levy set out in this clause is the amount payable if registration of the vessel is for a 12 month period.
(2)
If a vessel is registered for a period other than 12 months, a pro rata adjustment is to be made to the amount of the facilities levy set out in this clause by applying the proportion that the number of months in the period of registration bears to 12 months and then rounding the amount up to the nearest dollar.

Levies relating to Part 13
Facilities levy for recreational vessel comprised of personal watercraft		$42.00
Facilities levy for any other vessel, according to its length as follows:
(a) if the vessel is not more than 3.1 m		nil
(b) if the vessel is more than 3.1 m but not more than 3.5 m		$42.00
(c) if the vessel is more than 3.5 m but not more than 5 m		$62.00
(d) if the vessel is more than 5 m but not more than 6 m		$75.00
(e) if the vessel is more than 6 m but not more than 7 m		$92.00
(f) if the vessel is more than 7 m but not more than 8 m		$102.00
(g) if the vessel is more than 8 m but not more than 9 m		$112.00
(h) if the vessel is more than 9 m but not more than 10 m		$126.00
(i) if the vessel is more than 10 m but not more than 11 m		$140.00
(j) if the vessel is more than 11 m but not more than 12 m		$152.00
(k) if the vessel is more than 12 m but not more than 13 m		$165.00
(l) if the vessel is more than 13 m but not more than 14 m		$177.00
(m) if the vessel is more than 14 m but not more than 15 m		$187.00
(n) if the vessel is more than 15 m but not more than 16 m		$202.00
(o) if the vessel is more than 16 m but not more than 17 m		$217.00
(p) if the vessel is more than 17 m but not more than 18 m		$227.00
(q) if the vessel is more than 18 m but not more than 19 m		$239.00
(r) if the vessel is more than 19 m but not more than 20 m		$254.00
(s) if the vessel is more than 20 m		$315.00

5—Fees

Fees relating to Part 7
Application for pilotage exemption certificate		$762.00
Application for renewal of pilotage exemption certificate		$379.00
Issue of replacement pilotage exemption certificate		$71.00
Fees relating to Part 8
Written examination (whether first or subsequent attempt)—
(a) for boat operator's licence		$52.00
(b) for special permit		$23.00
Practical test for special permit		nil
Issue of boat operator's licence—
(a) if applicant has held special permit		$20.00
(b) in any other case		$49.00
Issue of special permit		$20.00
Application for exemption from requirement to hold boat operator's licence		nil
Application for endorsement of boat operator's licence		nil
Application for recognition of qualification under law of some other place as equivalent to boat operator's licence		nil
Issue of replacement boat operator's licence or special permit		$20.00
Fees relating to Part 9
Application for registration of vessel Note— Personal watercraft and vessels up to 7 m may be registered for 6 or 12 months but vessels more than 7 m may only be registered for 12 months—see regulation 81(8). (a) for a personal watercraft—		6 months/12 months
• initial registration		$208.00/$413.00
• renewal of registration		$190.00/$379.00
• renewal of registration in different name		$212.00/$401.00
(b) for any other vessel—according to its length as follows:
(i) if the vessel is not more than 3.5 m—
• initial registration		$28.00/$55.00
• renewal of registration		$9.00/$20.00
• renewal of registration in different name		$35.00/$45.00
(ii) if the vessel is more than 3.5 m but not more than 6 m—
• initial registration		$50.00/$102.00
• renewal of registration		$36.00/$68.00
• renewal of registration in different name		$56.00/$93.00
(iii) if the vessel is more than 6 m but not more than 7 m—
• initial registration		$112.00/$222.00
• renewal of registration		$96.00/$187.00
• renewal of registration in different name		$116.00/$212.00
(iv) if the vessel is more than 7 m but not more than 10 m—
• initial registration		not applicable/$222.00
• renewal of registration		not applicable/$187.00
• renewal of registration in different name		not applicable/$212.00
(v) if the vessel is more than 10 m but not more than 15 m—
• initial registration		not applicable/$316.00
• renewal of registration		not applicable/$286.00
• renewal of registration in different name		not applicable/$308.00
(vi) if the vessel is more than 15 m but not more than 20 m—
• initial registration		not applicable/$413.00
• renewal of registration		not applicable/$379.00
• renewal of registration in different name		not applicable/$401.00
(vii) if the vessel is more than 20 m—
• initial registration		not applicable/$476.00
• renewal of registration		not applicable/$445.00
• renewal of registration in different name		not applicable/$465.00
Application for exemption from requirement for vessel to be registered		nil
Trade plates—
(a) application for initial issue		$100.00
(b) application for subsequent issue		$68.00
(c) issue of replacement certificate or label		$20.00
(d) surrender of trade plates		$20.00
Application for assignment of new identification mark		$20.00
Application for transfer of registration of vessel		$20.00
Issue of replacement certificate of registration		$20.00
Application for cancellation of registration		$20.00
Application for appointment as boat code agent		$187.00
Application for further term of appointment as boat code agent		$150.00
Application for approval as boat code examiner		$96.00
Application for further term of approval as boat code examiner		$48.00
Set of 20 HIN plates		$147.00
Pad of 50 interim boat code certificates		$42.00
Duplicate copy of boat code certificate		$20.00
Fees relating to Part 12
Application for permit to moor vessel in boat haven— (a) North Arm Boat Haven
(i) annual permit—
• fishing vessel 9 m and over in length		$99.00 per metre
• fishing vessel less than 9 m in length		$132.00 per metre
• tender vessel		$99.00 per metre
• the above is subject to the following maximum fees:
• fishing vessel and 2 tender vessels		$642.00
• fishing vessel and 3 tender vessels		$725.00
• other vessels 12 m or more in length		$246.00 per metre
• other vessels less than 12 m in length		$2 963.00
(ii) temporary permit (1 week or part of a week)		$90.00
(b) Port MacDonnell Boat Haven
(i) annual permit		$132.00 per metre
(ii) temporary permit (24 hours)		$6.00

Schedule 12—Expiation fees

1—Expiation of alleged offences

(1)
The expiation fees set out in this Schedule are fixed for alleged offences against the regulations specified in this Schedule.
(2)
Text set out in italic type under a heading in this Schedule commencing with the words "Description of offence" is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.

2—Expiation fees

Regulation	Description of offence	Fee
Regulation 10(1)	Contravening a control applying in restricted area	$160
Regulation 10(3)	Contravening a control applying in restricted area—offence for owner	$160
Regulation 10(5)	Contravening a control applying in a restricted area by towed vessel—offence for operator	$160
Regulation 11(1)	Operating a vessel under sail power alone in the waters of the Port Adelaide River	$160
Regulation 12(1)	Swimming, bathing or diving in the waters of Gulf St. Vincent within 40 m of Glenelg breakwater	$160
Regulation 13(1)	Operating personal watercraft in unprotected waters	$160
Regulation 15(1)	Obstructing wharf	$160
Regulation 16(1)	Obstructing landing place	$160
Regulation 17	Undertaking unauthorised activity on wharf	$160
Regulation 19(4)	Contravening direction displayed on traffic sign	$160
Regulation 21(2)	Parking vehicle in area not delineated under regulation	$160
Regulation 21(3)	Parking vehicle in delineated area without displaying permit	$160
Regulation 29(1)	Obstructing wharf in a port	$160
Regulation 30(1)	Obstructing landing place in a port	$160
Regulation 31	Undertaking unauthorised activity on wharf	$160
Regulation 32(1)	Using trolley other than for purposes connected with loading, unloading or maintenance of vessel	$160
Regulation 32(2)	Propelling trolley at dangerous speed or in dangerous manner	$160
Regulation 32(3)	Failing to give person effective warning of approach of trolley	$160
Regulation 33	Failing to remove and store moveable equipment after use in loading or unloading on wharf	$160
Regulation 35(1)	Failing to report damage caused by cargo and remove, clean or repair damage	$160
Regulation 36	Failing to cover outlet on vessel to prevent liquid discharge onto wharf	$160
Regulation 38	Entering area of wharf or contiguous land with restricted access	$160
Regulation 39(2)	Failing of operator or master of vessel to have watch officer	$160
Regulation 41(3)	Failing of consignor of vehicle, vessel or machine to comply with regulation	$160
Regulation 41(5)	Failing to transfer petroleum or fuel in accordance with regulation	$160
Regulation 42	Loading or unloading of cargo on a vessel while operating an internal combustion engine other than in accordance with the requirements of regulation	$210
Regulation 43(1)	Failing of operator to ensure vessel is safely moored by lines	$160
Regulation 43(2)	Interfering with mooring lines	$160
Regulation 44(2)	Operating or interfering with vessel in contravention of regulation	$160
Regulation 45(1)	Making fast or letting go of mooring lines	$160
Regulation 46	Swimming in harbor	$105
Regulation 48(4)	Contravening direction on traffic sign in harbor or port	$160
Regulation 50(2)	Parking a vehicle in area not delineated under regulation	$160
Regulation 50(3)	Parking in a delineated area without displaying permit	$160
Regulation 55(1)	Failing of owner or operator to deliver notice of entry	$160
Regulation 56(1)	Failing of operator of commercial vessel to produce prescribed papers to port operator	$160
Regulation 57	Removing commercial vessel from port without approval of port operator	$160
Regulation 58(7)	Failing by operator or owner of vessel to give manifest to port operator	$160
Regulation 58(8)	Divulging contents of manifest to person other than in course of duties	$160
Regulation 59(1)	Failing of operator or owner of commercial vessel to produce cargo records and documents on request	$160
Regulation 59(2)	Divulging content of record to person other than in course of duties	$160
Regulation 66	Failing of holder of pilot licence or pilotage exemption certificate to notify change of details	$315
Regulation 67	Failing of holder of pilotage exemption certificate to keep records	$105
Regulation 72(3)	Failing of holder of boat operator's licence to comply with licence condition	$105
Regulation 73(5)	Contravening condition of special permit	$105
Regulation 74(3)	Contravening condition of temporary boat operator's licence	$105
Regulation 75(1)	Failing of holder of boat operator's licence to sign licence	$105
Regulation 75(2)	Failing of holder boat operator's licence or special permit to notify CE of change of details	$105
Regulation 83(7)	Marking vessel in contravention of regulation	$105
Regulation 83(8)	Operating vessel marked in contravention of regulation	$105
Regulation 84(1)	Failing to comply with transfer of registration requirements	$105
Regulation 87	Failing of registered owner of vessel to notify CE of change of name or address	$105
Regulation 88(4)	Operating vessel contrary to condition of registration	$105
Regulation 90(2)	Failing to return certificate of registration	$105
Regulation 92(2)	Failing to produce evidence of registration	$105
Regulation 93(7)	Contravening condition of trade plates	$210
Regulation 93(13)	Failing of holder of trade plates to notify CE of ceasing to carry on business	$210
Regulation 94(2)	Failing to return trade plates	$105
Regulation 97(2)	Fixing HIN plate to a vessel by person other than boat code agent or boat code examiner	$210
Regulation 97(3)	Fixing anything appearing to be, but not being, a HIN plate to vessel	$210
Regulation 97(12)	Forming HIN into hull after manufacture	$210
Regulation 97(13)	Failing to return HIN plates to CE	$210
Regulation 97(14)	Failing of boat code agent to inform CE of HIN formed on hull	$210
Regulation 98	Unauthorised removal of HIN plate	$210
Regulation 113(2)	Operating vessel in contravention of Prevention of Collisions Convention	$315
Regulation 113(3)	Fitting and exhibiting navigation lights other than in accordance with Prevention of Collisions Convention	$315
Regulation 114(2)	Operating vessel contrary to section 17 of Code (River Murray Traffic Regulations)	$315
Regulation 114(3)	Fitting and exhibiting navigation lights other than in accordance with section 17 of Code (River Murray Traffic Regulation)	$315
Regulation 115(1)	Failing to keep starboard side of vessel near outer limit of river or channel	$315
Regulation 115(2)	Hampering safe passage of vessel inside channel	$315
Regulation 115(3)	Impeding passage of other vessel navigating within channel if vessel is engaged in fishing	$315
Regulation 115(4)	Anchoring vessel in channel other than in emergency	$315
Regulation 115(5)	Failure to move vessel to side of channel if anchored in emergency	$315
Regulation 115(6)	Overtaking vessel in channel unsafely	$315
Regulation 115(7)	Placing cable, chain, hawser or rope across channel	$315
Regulation 116(1)	Operating vessel at speed in excess of 4 knots	$160
Regulation 116(3)	Operating vessel at speed in excess of applicable speed limit	$160
Regulation 117(1)	Failing of occupant of specified vessel to wear specified lifejacket	$160
Regulation 117(2)	Failure of occupant in open area of vessel to wear specified lifejacket in circumstances of heightened risk	$160
Regulation 117(3)	Failing of operator of specified vessel if occupant fails to wear specified lifejacket	$160
Regulation 117(4)	Failing of operator if occupant of vessel of or under 12 years of age is not wearing specified life jacket at all times	$160
Regulation 117(6)	Failing of occupant of vessel to wear specified lifejacket on specified vessel at direction of operator	$160
Regulation 118(2)	Operating personal watercraft in contravention of regulation	$160
Regulation 119(1)	Operating a personal watercraft other than during certain hours	$160
Regulation 120	Failing of operator to ensure all hatches and doors are unlocked and clear of obstructions	$160
Regulation 121(1)	Failing to ensure not more than maximum number of persons on vessel than can safely be carried	$160
Regulation 121(2)	Causing or permitting load on vessel greater than can be safely carried	$160
Regulation 122(9)	Failing of operator of vessel and person being towed by vessel to comply with towing requirements in regulation	$160
Regulation 123	Failing of person being towed to signal presence after falling into water	$105
Regulation 124(1)	Failing of operator to manouevre vessel as required while towing a person	$315
Regulation 124(2)	Failing of operator to ensure all apparatus used in towing person is not trailing	$315
Regulation 125(1)	Failing of operator to keep vessel clear of other vessel in area towing a person	$315
Regulation 126(1)	Operating a vessel within 100 m behind a person being towed	$315
Regulation 127(1)	Failing of operator of diver vessel over 10 m in length to display International Code Flag A	$160
Regulation 127(2)	Failing of operator of diver vessel 10 m or less in length to display International Code Flag A	$160
Regulation 127(3)	Failing of diver without vessel to display International Code Flag A on buoy or float	$160
Regulation 127(4)	Diver operating independently in harbor used by vessels	$160
Regulation 127(5)	Failing of operator of vessel to navigate to avoid diver	$160
Regulation 127(6)	Failing to illuminate International Code Flag A during darkness	$160
Regulation 132	Failing of person using fishing apparatus in inland waters to comply with Part 10 Division 7	$160
Regulation 133(2)	Failing of operator who requested opening of Birkenhead Bridge to notify that they do not intend to navigate under bridge	$315
Regulation 133(3)	Failing of operator to approach Birkenhead Bridge unless fully open	$315
Regulation 133(4)	Failing to navigate under Birkenhead Bridge within navigation pass	$315
Regulation 133(5)	Failing to safely manoeuver vessel while approaching Birkenhead Bridge and navigational pass	$315
Regulation 133(6)	Failing of operator upstream of Birkenhead Bridge to give navigation pass to vessel proceeding downstream	$315
Regulation 134(4)	Failing of operator who requested opening of Port River Expressway Bridge to notify that they do not intend to navigate under bridge	$315
Regulation 134(5)	Failing of operator to cause a radio watch to be maintained while vessel is within 100 m of Port River Expressway Bridge	$315
Regulation 134(6)	Failing of operator to comply with requirements of regulation	$315
Regulation 134(11)	Failing of vessel to comply with requirements of regulation—offence for owner of vessel	$315
Regulation 134(18)	Interfering with camera installed at Port River Expressway Bridge	$315
Regulation 136(2)

Failing of operator to operate vessel within navigational pass under Hindmarsh Island Bridge	$315
Regulation 136(3)	Failing of operator to proceed with caution in navigational pass under Hindmarsh Island Bridge	$315
Regulation 136(4)	Failing of operator to ensure vessel does not come into contact with support pier of Hindmarsh Island Bridge	$315
Regulation 136(5)	Failing to maintain vessel under safe control in approaching or navigating under Hindmarsh Island Bridge	$315
Regulation 136(6)	Failing of operator of vessel upstream to give priority of passage to vessel downstream if approaching Hindmarsh Island Bridge simultaneously	$315
Regulation 136(7)	Failing of operator of vessel proceeding upstream to wait for vessel proceeding downstream to be clear of Hindmarsh Island Bridge	$315
Regulation 137(1)	Failing of operator to operate within navigational pass under Jervois Bridge	$315
Regulation 137(2)	Failing to maintain vessel under safe control in approaching or navigating under Jervois Bridge	$315
Regulation 137(3)	Failing of operator of vessel upstream to give priority of passage to vessel downstream if approaching Jervois Bridge simultaneously	$315
Regulation 137(4)	Failing of operator of vessel proceeding upstream to wait for vessel proceeding downstream to be clear of Jervois Bridge	$315
Regulation 138(2)	Failing to operate vessel within navigational pass under Kingston Bridge	$315
Regulation 138(3)	Failing to proceed with caution in navigational pass under Kingston Bridge	$315
Regulation 138(4)	Connecting with support pier of Kingston Bridge	$315
Regulation 138(5)	Failing to maintain vessel under safe control in approaching or navigating under Kingston Bridge	$315
Regulation 138(6)	Failing to sound 1 long blast when vessel is within 0.5 nautical miles of Kingston Bridge	$315
Regulation 138(7)	Failing to respond with 1 long blast on hearing a long blast	$315
Regulation 138(8)	Passing another vessel within 0.25 nautical miles of Kingston Bridge	$315
Regulation 138(9)	Failing of operator of vessel upstream to give priority of passage to vessel downstream if approaching Kingston Bridge simultaneously	$315
Regulation 138(10)	Failing of operator of vessel proceeding upstream to wait for vessel proceeding downstream to be clear of Kingston Bridge	$315
Regulation 139(2)	Failing of operator who requested opening of Paringa Bridge to notify that they do not intend to navigate under bridge	$315
Regulation 139(4)	Approaching within 100 m of Paringa Bridge before bridge is fully opened and green light is illuminated	$315
Regulation 139(5)	Failing to operate vessel in navigational pass under Paringa Bridge	$315
Regulation 139(6)	Failing to maintain vessel under safe control in approaching or navigating under Paringa Bridge	$315
Regulation 139(7)	Failing to give way to vessel approaching Paringa Bridge	$315
Regulation 139(8)	Failing of operator of vessel upstream to give priority of passage to vessel downstream if approaching Paringa Bridge simultaneously	$315
Regulation 140(3)	Entering or remaining in waters within 500 m of petroleum exploration	$315
Regulation 141(3)	Entering or remaining in waters within 1 nautical mile of vessel transferring petroleum	$315
Regulation 142(3)	Entering or remaining in waters within 0.5 nautical miles of vessel loading at transhipment point	$315
Regulation 143	Causing nuisance or annoyance to person in or near water	$210
Regulation 144(1)	Directing beam of light from 1 vessel onto another	$160
Regulation 144(2)	Operating vessel from which beam of light is directed	$160
Regulation 145(1)	Emitting smoke or vapour from vessel causing danger to another person	$160
Regulation 145(2)	Discharging offensive material into waters	$315
Regulation 146(1)	Doing work on a vessel by means of device that produces flame or flash other than in accordance with regulation	$105
Regulation 146(2)	Operating vessel on which work is done in contravention of regulation	$105
Regulation 147(1)	Using, displaying or activating a signal other than in circumstances contemplated by regulations	$105
Regulation 148	Smoking or use of combustion equipment in vicinity of open hatch of commercial vessel	$315
Regulation 154(1)	Laying down a mooring except in accordance with approval of CE	$160
Regulation 154(2)	Failing to relocate or remove mooring as required by CE	$160
Regulation 155(3)	Mooring vessel in boat haven other than in accordance with permit	$160
Regulation 155(10)	Contravening condition of permit	$160
Regulation 155(12)	Failing of permit holder to produce or notify matters set out in regulation	$160
Regulation 156(4)	Failing to remove vessel from boat haven if permit is cancelled	$160
Regulation 157(6)	Failing of registered owner to comply with order issued under regulation	$315
Regulation 161(2)	Discharging ballast water from vessel in contravention of regulation	$315
Regulation 162(3)	Failing to comply with direction under regulation	$315
Regulation 164	Making false or misleading statement	$210

Legislative history

Notes

•
This version is comprised of the following:

Part 1	28.3.2024
Part 2	18.7.2024
Part 3	28.3.2024
Part 4	28.3.2024
Part 5	28.3.2024
Part 6	28.3.2024
Part 7	28.3.2024
Part 8	28.3.2024
Part 9	28.3.2024
Part 10	18.7.2024
Part 11	28.3.2024
Part 12	28.3.2024
Part 13	28.3.2024
Part 14	28.3.2024
Schedule 1	16.5.2024
Schedule 2	16.5.2024
Schedule 3	18.7.2024
Schedule 4	18.7.2024
Schedule 5	16.5.2024
Schedule 6	16.5.2024
Schedule 7	16.5.2024
Schedule 8	16.5.2024
Schedule 9	16.5.2024
Schedule 10	16.5.2024
Schedule 11	16.5.2024
Schedule 12	16.5.2024

•
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 revoked by principal regulations
The Harbors and Navigation Regulations 2023 revoked the following:
Harbors and Navigation Regulations 2009
Principal regulations and variations
New entries appear in bold.
Year
No
Reference
Commencement
2023
84
Gazette 10.8.2023 p2682
1.9.2023: r 2
2024
17
Gazette 28.3.2024 p514
28.3.2024: r 2
2024
31
Gazette 16.5.2024 p872
16.5.2024: r 2
2024
71
Gazette 18.7.2024 p2189
18.7.2024: r 2
Provisions varied
New entries appear in bold.
Provision
How varied
Commencement
Pt 1
r 2
omitted under Legislation Revision and Publication Act 2002
28.3.2024
Pt 2
r 6
amended by 71/2024 r 3
18.7.2024
Pt 10
r 142
r 142(1)
amended by 71/2024 r 4(1)
18.7.2024
r 142(4)
amended by 71/2024 r 4(2)
18.7.2024
r 142(5)
TP5
inserted by 71/2024 r 4(3)
18.7.2024
TP6
inserted by 71/2024 r 4(3)
18.7.2024
Sch 3
Lucky Bay
inserted by 71/2024 r 5
18.7.2024
Port Adelaide
substituted by 17/2024 r 3
28.3.2024
Sch 4
Lucky Bay
inserted by 71/2024 r 6(1)
18.7.2024
Port Adelaide
substituted by 17/2024 r 4
28.3.2024
amended by 71/2024 r 6(2), (3)
18.7.2024
Sch 5
Pt 1
cl 1
Yankalilla Bay
will expire by notice: Sch 5 cl 12(1), (2)
Pt 3
cl 3
Yankalilla Bay
will expire by notice: Sch 5 cl 12(1), (2)
cll 11 and 12
will expire by notice: Sch 5 cl 12(1), (2)
Sch 11
cll 4 and 5
substituted by 31/2024 r 3
16.5.2024
Sch 13
omitted under Legislation Revision and Publication Act 2002
28.3.2024
Transitional etc provisions associated with regulations or variations
Harbors and Navigation (Fees) Amendment Regulations 2024 (No 31 of 2024), Pt 3
4—Transitional provision
(1)
The fees prescribed in respect of an application for registration (and any facilities levy payable on the registration) by Schedule 11 of the Harbors and Navigation Regulations 2023, as amended by these regulations, apply where the relevant registration is to take effect on or after 1 July 2024.
(2)
All other fees prescribed by Schedule 11 of the Harbors and Navigation Regulations 2023, as amended by these regulations, apply from 1 July 2024.
(3)
Despite regulation 3 of these regulations—
(a)
the fees prescribed in respect of an application for registration (and any facilities levy payable on the registration) by Schedule 11 of the Harbors and Navigation Regulations 2023, as in force immediately before the commencement of these regulations, continue to apply where the relevant registration is to take effect before 1 July 2024; and
(b)
all other fees prescribed by Schedule 11 of the Harbors and Navigation Regulations 2023, as in force immediately before the commencement of these regulations, continue to apply until 1 July 2024.
Historical versions
28.3.2024
16.5.2024

Year	No	Reference	Commencement
2023	84	Gazette 10.8.2023 p2682	1.9.2023: r 2
2024	17	Gazette 28.3.2024 p514	28.3.2024: r 2
2024	31	Gazette 16.5.2024 p872	16.5.2024: r 2
2024	71	Gazette 18.7.2024 p2189	18.7.2024: r 2

Provision	How varied	Commencement
Pt 1
r 2	omitted under Legislation Revision and Publication Act 2002	28.3.2024
Pt 2
r 6	amended by 71/2024 r 3	18.7.2024
Pt 10
r 142
r 142(1)	amended by 71/2024 r 4(1)	18.7.2024
r 142(4)	amended by 71/2024 r 4(2)	18.7.2024
r 142(5)
TP5	inserted by 71/2024 r 4(3)	18.7.2024
TP6	inserted by 71/2024 r 4(3)	18.7.2024
Sch 3
Lucky Bay	inserted by 71/2024 r 5	18.7.2024
Port Adelaide	substituted by 17/2024 r 3	28.3.2024
Sch 4
Lucky Bay	inserted by 71/2024 r 6(1)	18.7.2024
Port Adelaide	substituted by 17/2024 r 4	28.3.2024
amended by 71/2024 r 6(2), (3)	18.7.2024
Sch 5
Pt 1
cl 1
Yankalilla Bay	will expire by notice: Sch 5 cl 12(1), (2)
Pt 3
cl 3
Yankalilla Bay	will expire by notice: Sch 5 cl 12(1), (2)
cll 11 and 12	will expire by notice: Sch 5 cl 12(1), (2)
Sch 11
cll 4 and 5	substituted by 31/2024 r 3	16.5.2024
Sch 13	omitted under Legislation Revision and Publication Act 2002	28.3.2024