Harbors and Navigation Variation Regulations 2010 (SA)

South Australia

Harbors and Navigation Variation Regulations 2010

under the Harbors and Navigation Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Harbors and Navigation Regulations 2009

4            Variation of regulation 3—Interpretation

5            Variation of regulation 13—Certain vessels not to be operated in unprotected waters

6            Variation of regulation 164—Emergency position indicating radio beacons (EPIRBs)

7           Variation of regulation 168—Speed restrictions

8            Variation of regulation 169—Personal flotation devices to be worn on certain recreational vessels

9            Variation of Schedule 9—Structural and equipment requirements for vessels

10          Variation of Schedule 12—Boat Havens

Part 1—Preliminary

1—Short title

These regulations may be cited as the Harbors and Navigation Variation Regulations 2010.

2—Commencement

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

3—Variation provisions

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

Part 2—Variation of Harbors and Navigation Regulations 2009

4—Variation of regulation 3—Interpretation

1. Regulation 3—delete "PFD 1" wherever occurring and substitute in each case:

   PFD Type 1

2. Regulation 3—delete "PFD 2" wherever occurring and substitute in each case:

   PFD Type 2

3. Regulation 3—delete "PFD 3" wherever occurring and substitute in each case:

   PFD Type 3

4. Regulation 3(11)—after "immersion" insert:

   , or to be inflated by the use of a gas cylinder that forms part of the device,

5—Variation of regulation 13—Certain vessels not to be operated in unprotected waters

Regulation 13(1)—delete subregulation (1) and substitute:

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

Maximum penalty: $1 250.

Expiation fee: $160.

6—Variation of regulation 164—Emergency position indicating radio beacons (EPIRBs)

1. Regulation 164(1)—after paragraph (a) insert:

   (ab)canoes, kayaks, rowboats or other similar small human‑powered recreational vessels being operated in unprotected waters;

2. Regulation 164—after subregulation (1) insert:

   (1a)However, a canoe, kayak, rowboat or other similar small human‑powered recreational vessel being operated in unprotected waters is exempt from the requirement to carry an EPIRB if—

   (a)the vessel is in the company of—

   (i)at least 2 similar vessels; or

   (ii)a support vessel; and

   (b)at least 1 of the other vessels referred to in paragraph (a) is equipped with an EPIRB; and

   (c)the vessel remains within 50 metres of the vessel so equipped at all times.

7—Variation of regulation 168—Speed restrictions

Regulation 168—after subregulation (1) insert:

(1a)Despite subregulation (1)(a), but subject to any other provision of the Act, a person may operate a vessel within the marked channel in the Port MacDonnell Boat Haven at a speed not exceeding 7 knots.

8—Variation of regulation 169—Personal flotation devices to be worn on certain recreational vessels

1. Regulation 169(1)(d)—delete "or other similar small human‑powered vessel (other than a rowboat)" and substitute:

   , rowboat or other similar small human‑powered vessel

2. Regulation 169(1)(h)—delete "—a PFD Type 1" and substitute:

   —

   (i)if the vessel is a canoe, kayak, rowboat or other similar small human‑powered vessel—a PFD Type 1 or PFD Type 2; or

   (ii)in any other case—a PFD Type 1; or

3. Regulation 169(1)(i)—after "watercraft" insert:

   or rowboat

4. Regulation 169(1)(m)—after "case" insert:

   (other than a rowboat)

9—Variation of Schedule 9—Structural and equipment requirements for vessels

Schedule 9 clause 7(2)—delete subclause (2) and substitute:

(2)Subject to subsection (2a), a canoe, kayak, rowboat or other similar small human‑powered recreational vessel may, instead of being equipped as required by clause 6, be equipped with the following:

(a)if the vessel is being operated in protected or semi‑protected waters—

(i)1 PFD Type 1, PFD Type 2 or PFD Type 3 for each person carried on the vessel;

(ii)unless the vessel is constructed of permanently enclosed pontoon hulls, a bailer or other suitable device for removing water;

(iii)if the vessel is operated between the hours of sunset and sunrise—1 torch or lantern;

(b)if the vessel is being operated in unprotected waters—

(i)1 PFD Type 1 or PFD Type 2, with whistle attached, for each person carried on the vessel;

(ii)unless the vessel is constructed of permanently enclosed pontoon hulls, a bailer or other suitable device for removing water;

(iii)if the vessel is operated between the hours of sunset and sunrise—1 torch or lantern;

(iv)a spare paddle;

(v)a V distress sheet;

(vi)a tow line, at least 15 metres in length, of sufficient strength to allow the vessel to be towed in any conditions;

(vii)2 hand held red flares;

(viii)2 hand held orange smoke signals;

(ix)1 compass;

Note—

This requirement is not satisfied by GPS or satellite navigation systems (or similar electronic devices)—see clause 8 of this Schedule.

(x)1 map or chart of the operational area;

(xi)1 litre of fresh water.

(2a)A canoe, kayak, rowboat or other similar small human‑powered recreational vessel being operated in unprotected waters is exempt from a requirement to be equipped with any or all of the equipment referred to in subclause (2)(b)(vii), (viii), (ix) or (x), if—

(a)the canoe, kayak, rowboat or other vessel is in the company of—

(i)at least 2 similar vessels; or

(ii)a support vessel; and

(b)at least 1 of the other vessels referred to in paragraph (a) is equipped with all of the equipment referred to in those subparagraphs; and

(c)the canoe, kayak, rowboat or other vessel remains within 50 metres of the vessel so equipped at all times.

10—Variation of Schedule 12—Boat Havens

Schedule 12, item relating to Port MacDonnell Boat Haven, map—delete the map and substitute:

Note—

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

Made by the Governor

with the advice and consent of the Executive Council

on 2 December 2010

No 243 of 2010

MTR10/034