Justices Act 1902 Maritime (Short Description of Offences) Amendment Regulation 1997 (1997-30) [GG No 13 of 31.1.1997, p 304] (NSW)

1997 No 30

New South Wales

Maritime (Short Description of

Offences) Amendment Regulation

1997

under the

Justices Act 1902

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

P C Scully

Minister for Ports

Explanatory note

Short descriptions of offences are the descriptions that, by virtue of section 145B of the Justices Act 1902, may be used to describe summary offences (or indictable offences that may be dealt with summarily) in any information, complaint, summons, warrant, notice, order or other document. The object of this Regulation is to prescribe the short descriptions of certain offences under the Boating (Safety Equipment) Regulation—N.S. W and the Water Traffic Regulations—N.S.W. made under the Maritime Services Act 1935. This Regulation is required because of the making of the Maritime Regulations Amendment (Personal Watercraft) Regulation 1997, which creates offences specifically relating to personal watercraft and repeals and remakes certain provisions of the Water Traffic Regulations—N.S.W.

This Regulation also inserts a savings provision relating to the amendment or repeal of short descriptions.

This Regulation is made under the Justices Act 1902, and, in particular, under section 145B.

Published in Gazette No 13 of 31 January 1997, page 304 Page 1

1997 No 30

Clause 1 Maritime (Short Description of Offences) Amendment Regulation 1997

Maritime (Short Description of Offences)

Amendment Regulation 1997

1 Name of Regulation

This Regulation is the Maritime (Short Description of Offences)

Amendment Regulation 1997.

2 Commencement

This Regulation commences on 1 February 1997.

3 Amendment of Maritime (Short Description of Offences) Regulation 1987

The Maritime (Short Description of Offences) Regulation 1987 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]       Clause 2 Short description of summary offences

Insert at the end of clause 2:

(2)	If a choice of words is indicated in Column 2 of Schedule 1, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.
(3)	For the purposes of any proceedings for an offence created by a provision referred to in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.
(4)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed.
(5)	Subclause (4) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

[2]       Schedule 1

Omit from the matter relating to the Maritime Services Act 1935 the
matter relating to section 13SA.
Insert instead:

Section 13SA—personal watercraft	PWC/non-PWC vessel exceed
or other vessel exceed by not more	specified speed by not more than
than 10 knots the speed limit	10 knots

specified by notification published
in the Gazette

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Schedule 1 Amendments

Section 13SA—personal watercraft	PWC/non-PWC vessel exceed
or other vessel exceed by more	specified speed by more than 10
than 10 knots the speed limit	knots
specified by notification published in the Gazette

1. Schedule 1 Matter under heading “Boating (Safety Equipment) Regulation—N.S.W.”

   Insert before the matter relating to clause 17 in Columns 1 and 2 respectively:

Clause 12A ( 1 )—driver or	driver/passenger PWC enclosed
passenger of personal watercraft not	waters not wear PFD 1, 2 or 3

wear PFD 1, PFD 2 or PFD 3 in
enclosed waters

Clause 12A (2)—driver or	driver/passenger PWC open waters
passenger of personal watercraft not	not wear PFD 1 or 2

wear PFD 1 or PFD 2 in open
waters

1. Schedule 1 Matter under heading “Water Traffic Regulations— N.S.W.”

   Omit the matter relating to clause 6 . Insert instead:

Regulation 6 (1 )—navigate on	PWC tow more than 3 water
navigable waters a vessel (being a	skiers/aquaplaners

personal water craft) towing more than 3 water skiers or aquaplaners at the same time without the

permission of the Minister

Regulation 6 (1 )—navigate on	non-PWC vessel tow more than 3
navigable waters a vessel (not	water skiers/ aquaplaners

being a personal water craft)
towing more than 3 water skiers or
aquaplaners at the same time
without the permission of the
Minister

1 9 9 7 N o 3 0

Maritime (Short Description of Offences) Amendment Regulation 1997

Amendments Schedule 1

Regulation 6 (2) (a)—navigate on	PWC tow water skier/aquaplaner
navigable waters a vessel (being a	before sunrise
personal water craft) towing a water skier or aquaplaner before sunrise
Regulation 6 (2) (a)—navigate on	non-PWC vessel tow water skier/
navigable waters a vessel (not	aquaplaner before sunrise
being a personal watercraft) towing a water skier or aquaplaner before sunrise
Regulation 6 (2) (b)—navigate on	PWC tow water skier/aquaplaner
navigable waters a vessel (being a	after sunset
personal water craft) towing a water skier or aquaplaner after sunset without licence or
permission
Regulation 6 (2) (b)—navigate on	non-PWC vessel tow water skier/
navigable waters a vessel (not	aquaplaner after sunset
being a personal water craft) towing a water skier or aquaplaner after sunset without licence or permission
Regulation 6 (2) (c)—navigate on	PWC tow water skier/aquaplaner
navigable waters a vessel (being a	without observer
personal water craft) towing a water skier or aquaplaner without an observer
Regulation 6 (2) (c)—navigate on	non-PWC vessel tow water skier/
navigable waters a vessel (not	aquaplaner without observer
being a personal water craft) towing a water skier or aquaplaner without an observer
Regulation 6 (3) (a) (i)—navigate	towing PWC in surf zone/
personal watercraft towing a water	swimming area/water skier/
skier or aquaplaner so that personal	aquaplaner towed by PWC in surf
watercraft or person being towed is	zone/swimming area
in designated surf zone or swimming area

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Schedule 1 Amendments

Regulation 6 (3) (a) (ii)—navigate	towing PWC water skier/aquaplaner
personal watercraft towing a water	near boundary surf zone/swimming
skier or aquaplaner so that personal	area/water skier/aquaplaner towed
watercraft or person being towed	by PWC near boundary surf zone/
passes within 60 metres of such of	swimming area
the boundaries of designated surf zone or swimming area as run perpendicular to the shore
Regulation 6 (3) (b)—navigate	towing vessel near person in water/
vessel towing a water skier or	water skier/aquaplaner towed by
aquaplaner so that vessel or person	vessel near person in water
being towed passes within 60 metres of person in the water
Regulation 6 (4)—navigate vessel	towing non-PWC vessel/water skier/
(not being a personal watercraft)	aquaplaner towed near vessel
towing a water skier or aquaplaner so that vessel or person being towed passes within 30m from other vessel not engaged in water skiing or aquaplaning activities
Regulation 6 (4)—navigate vessel	towing non-PWC vessel near pile/
(not being a personal watercraft)	structure/bank/shore/jetty/landing
towing a water skier or aquaplaner	stage/pontoon/pump inlet/water
so that vessel or person being	skier/aquaplaner towed near pile/
towed passes within 30m from pile	structure/bank/shore/jetty/landing
or structure or river bank, shore,	stage/pontoon/pump inlet
jetty, landing stage, pontoon or pump inlet
Regulation 6 (4A) (a)—navigate	towing PWC near small vessel/
personal watercraft towing a water	canoe/kayak/rowing shell/water
skier or aquaplaner so that personal	skier/aquaplaner towed by PWC
watercraft or person being towed	near small vessel/canoe/kayak/
passes within 60 metres of a vessel	rowing shell
of 4 metres or less, or a canoe or kayak, that does not have means of mechanical propulsion, or a rowing shell

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Amendments Schedule 1

Regulation 6 (4A) (b)—navigate	towing PWC near vessel/pile/
personal watercraft towing a water	structure/bank/shore/jetty/landing
skier or aquaplaner so that personal	stage/pontoon/pump inlet/water
watercraft or person being towed	skier/aquaplaner towed near vessel/
passes within 30 metres of other	pile/structure/bank/shore/jetty/landing
vessel not engaged in water skiing	stage/pontoon/pump inlet
or aquaplaning activities or from pile or structure or river bank, shore, jetty, landing stage, pontoon or pump inlet

[5]       Schedule 1 Matter under the heading “Water Traffic Regulations—N.S.W.”

Omit the matter relating to clause 14.

[ 6 ] Schedule 1 Matter under t h e heading “Water Traffic

Regulat ions—N.S.W.”

Omit the matter relating to Regulation 15 (4). Insert instead:

Regulation 15 (4) (a)—navigate	fast PWC near small vessel/canoe/
personal watercraft at a speed of or	kayak/rowing shell

exceeding 10 knots within 60
metres of a vessel of 4 metres or
less, or a canoe or kayak, that does
not have means of mechanical
propulsion, or a rowing shell

Regulation 15 (4) (b)—navigate	fast PWC near vessel/pile/structure/
personal watercraft at a speed of or	bank/shore/jetty/landing stage/
exceeding 10 knots within 30	pontoon/pump inlet

metres of vessel other than vessel referred to in regulation 15 (4) (a) or of pile or structure or river

bank, shore, jetty, landing stage,
pontoon or pump inlet

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Schedule 1 Amendments

[7]      Schedule 1 Matter under the heading “Water Traffic Regulations—N.S.W.”

Insert before the matter relating to Regulation 15A:

Regulation 15AA (a)—drive	drive PWC in surf zone/swimming
personal watercraft on navigable	area

waters in a designated surf‘ zone or
swimming area

Regulation 15AA (1) (b)—drive	drive PWC near surf zone/
personal watercraft on navigable	swimming area

waters within 60 metres of
boundary of designated surf zone
or swimming area

[8]       Schedule 1 Matter under the heading “Water Traffic Regulations—N.S.W.”

Insert at the end of the matter:

Regulation 15E (1)—being the	own PWC driven by unlicensed
owner or the driver of a personal	driver/drive PWC when unlicensed

watercraft driven on navigable
waters by unlicensed driver

Regulation 15E (2)—being the	own vessel driven fast by
owner or the driver of a vessel	unlicensed driver/drive vessel fast
other than a personal watercraft	when unlicensed

driven at a speed of or exceeding 10 knots on navigable waters by unlicensed driver

Regulation 15F (a)—holder of	young PWC/general licensee drive
young adult general licence or	in race/display/regatta/exhibition/
young adult personal watercraft	event

licence drive vessel on navigable
waters in race, display, regatta,
exhibition or similar event without
the Minister’s consent

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Amendments Schedule 1

Regulation 15F (b)—holder of	young PWC/general licensee tow
young adult general licence or	water skier
young adult personal watercraft licence drive vessel towing water skier on navigable waters

Regulation 15F (c)-holder of young PWC/general licensee drive

young adult general licence or	vessel very fast
young adult personal watercraft licence drive vessel at speed of more than 20 knots on navigable
waters
Regulation 15F (d) (i)—holder of	young PWC/general licensee drive
young adult general licence or	vessel fast before sunrise
young adult personal watercraft licence drive vessel at speed of or exceeding 10 knots on navigable waters before sunrise
Regulation 15F (d) (ii)—holder of	young PWC/general licensee drive
young adult general licence or	vessel fast after sunset
young adult personal watercraft licence drive vessel at speed of or exceeding 10 knots on navigable waters after sunset
Regulation 15F (d) (iii)—holder of	young PWC/general licensee tow
young adult general licence or	aquaplaner fast
young adult personal watercraft licence drive vessel towing aquaplaner at speed of or exceeding 10 knots on navigable waters
Regulation 15F (d) (iv)—holder of	young licensee drive PWC fast
young adult general licence or	without adult PWC licensee/drive
young adult personal watercraft	vessel fast without adult licensee
licence drive vessel at speed of or exceeding 10 knots on navigable waters when there is not present in the vessel a person who holds a general licence (or a personal watercraft licence, if the vessel is a
personal watercraft)

1997 No 30

Maritime (Short Description of Offences) Amendment Regulation 1997

Schedule 1 Amendments

Regulation 15G (1)—driver of	driver PWC/non-PWC vessel not
vessel at speed of or exceeding 10	stop/produce licence/authority
knots on navigable waters, or driver of personal watercraft at any speed, on navigable waters not stop on request of authorised person or not produce his or her licence or authority for inspection
Regulation 15G (2)—person present	supervising licensee not produce
for purposes of regulation 15F (d)	licence
(iv) in vessel driven at speed of or exceeding 10 knots, or in personal watercraft driven at any speed, on navigable waters not produce
licence
Regulation 15K (2)—drive vessel	drive vessel contrary to condition
on navigable waters in	of licence
contravention of condition of licence