Marine (General) Regulations 2013 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

Marine (General) Regulations 2013

As in force at 1 August 2019

Table of provisions NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 August 2019

Marine (General) Regulations 2013

Regulations under the Marine Act 1981

Part 1Preliminary 1Citation

These Regulations may be cited as the Marine (General) Regulations 2013.

2Commencement

These Regulations commence on the commencement of Part 9 of the Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013.

3Definitions

In these Regulations:

ABP Standard, for Part 3A, see regulation 18A.

acting in an official capacity, in relation to a boating inspector, means the inspector is exercising powers or performing functions under, or otherwise related to the administration of, these Regulations.

anchor cable, for Schedule 1, means:

(a)
a short link chain cable to which an anchor is shackled; or
(b)
a rope to which at least 3 m of chain is shackled or spliced between that rope and an anchor.

approved, means approved by the Director.

boating inspector, for Part 2, see regulation 4.

builders plate, for Part 3A, see regulation 18A.

commencement, for Part 3A, see regulation 18A.

infringement notice, see regulation 29.

infringement notice offence, see regulation 28(1).

length, of a vessel, means the greatest distance between the foremost and aftermost parts of the vessel’s hull measured in a straight line parallel to the waterline.

Diagram depicting length of a vessel

mother vessel, for Part 4, see regulation 19.

operator, of a pleasure craft or vessel, means:

(a)
the master of the pleasure craft or vessel; or
(b)
if a boating inspector cannot readily ascertain who is the master of the pleasure craft or vessel – the person who, in the opinion of the boating inspector, appears to be in control of the pleasure craft or vessel.

overseas voyage, for Part 4, see regulation 19.

owner builder, for Part 3A, see regulation 18A.

personal flotation device, for Part 2, see regulation 4.

personal water craft, see regulation 4.

prescribed amount, see regulation 28(2).

registered EPIRB, for Schedule 1, means an emergency position indicating radio beacon that:

(a)
operates on the 406MHz frequency; and
(b)
is registered with the Australian Maritime Safety Authority.

serviceable:

(a)
in relation to a pleasure craft – means the hull and all fittings of the pleasure craft are:
- (i)
  in sound condition; and
- (ii)
  ready for use at any time; and
(b)
in relation to an item of safety equipment – means:
- (i)
  in sound condition; and
- (ii)
  ready and suitable for use at any time; and
- (iii)
  if the item, or a component of the item (for example, a battery), has an expiry date – that date has not passed.

tender, to a pleasure craft (the principal pleasure craft), means a vessel that is smaller than the principal pleasure craft and which is used as an auxiliary to the principal pleasure craft for the following:

(a)
a means of transportation between the principal pleasure craft and the shore;
(b)
a means of transportation between vessels;
(c)
other functions of an auxiliary nature.

towed behind, in relation to a person and a pleasure craft:

(a)
means being towed behind the pleasure craft in any of the following, or similar, manners:
- (i)
  on the surface of the water, such as waterskiing, wakeboarding or in or on an inflatable tube or toy;
- (ii)
  near the surface of the water, such as foilboarding;
- (iii)
  above the surface of the water, such as parasailing; but
(b)
except for regulation 7 – does not include being towed behind the pleasure craft on or beneath the surface of the water using a paravane device known variously as a manta board, planer board or sea sled.

V distress sheet, for Schedule 1, means a sheet of canvas or other equally robust material that:

(a)
is at least 1.8 m x 1.2 m in size; and
(b)
is fluorescent red or orange in colour; and
(c)
displays the letter "V" in black, at least 800 mm in height with the strokes forming the V not less than 130 mm wide; and
(d)
has corner ties or similar so that the sheet is capable of being fastened down so as to be visible from the air.

vessel, for Part 4, see regulation 19.

3AA

Part IIAA of the Criminal Code applies to an offence against these Regulations.

Note for regulation 3A

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2Pleasure craftDivision 1General 4Definitions

In this Part:

boating inspector means a person appointed to be a boating inspector under regulation 9(1).

inland waters means non-tidal rivers, lakes, dams and billabongs.

intermediate waters means tidal rivers, sheltered waters areas (as defined in regulation 2 of the Marine (Sheltered Waters) Regulations 1986) and other coastal waters up to 2 nautical miles from the coastline at low water mark of the lowest astronomical tide.

open waters means waters seaward of intermediate waters.

personal flotation device means a personal flotation device that:

(a)
complies with AS4758, published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time; or
(b)
is approved by the Director.

personal water craft means a craft:

(a)
powered by a water jet engine; and
(b)
designed to be ridden on rather than in.

5Minimum safety equipment requirements for pleasure craft

(1)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft in inland waters; and
- (b)
  an item of safety equipment specified in Schedule 1, Part A:
  - (i)
    is not carried aboard the pleasure craft; or
  - (ii)
    although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
(2)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft in intermediate waters; and
- (b)
  an item of safety equipment specified in Schedule 1, Part B:
  - (i)
    is not carried aboard the pleasure craft; or
  - (ii)
    although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
(3)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft in open waters; and
- (b)
  an item of safety equipment specified in Schedule 1, Part C:
  - (i)
    is not carried aboard the pleasure craft; or
  - (ii)
    although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
(4)
An offence against any of subregulations (1) to (3) is an offence of strict liability.
(5)
The Minister may, by Gazette notice, exempt a person from compliance with this regulation in relation to:
- (a)
  a specified class or type of pleasure craft; or
- (b)
  a specified area of Northern Territory waters.
Note for subregulation (5)
Section 194(1)(b) of the Act sets out the circumstances in which Regulations may be made authorising exemptions from the provisions of the Regulations or the Uniform Shipping Laws Code.

5ASeaworthiness requirements

(1)
A pleasure craft operating in Northern Territory waters must:
- (a)
  be serviceable; and
- (b)
  be seaworthy:
  - (i)
    for the purpose for which it is operated; and
  - (ii)
    for the waters in which it is operating; and
- (c)
  not be overloaded; and
- (d)
  be provided with a means, or carry equipment, that will enable a person who has fallen overboard from the pleasure craft to reboard it.
(2)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft in Northern Territory waters; and
- (b)
  the pleasure craft does not comply with subregulation (1).
Maximum penalty: 50 penalty units.
(3)
An offence against subregulation (2) is an offence of strict liability.

5BException for Beer Can Regatta and other approved events

Regulation 5A does not apply in relation to a pleasure craft:

(a)
that is entered into the event known as the Beer Can Regatta, or another approved event; and
(b)
while the craft is being prepared for, taking part in, or being removed from the sea as part of, the Regatta or event.

5CException for tenders and other vessels

(1)
The following types of vessels are not required to carry safety equipment as specified in Schedule 1:
- (a)
  a tender;
- (b)
  a surf ski;
- (c)
  a racing shell;
- (d)
  a canoe;
- (e)
  a kayak;
- (f)
  a sailboard;
- (g)
  a personal water craft;
- (h)
  a sailing boat under 5 metres in length or with permanently closed hulls.
Note for subregulation (1)(a)
A vessel which is normally used as in an auxiliary role to a principal pleasure craft is taken not to be a tender during any time when it is not being used in an auxiliary role, and must carry, at those times, the appropriate safety equipment specified in Schedule 1 for the waters in which it is operating.
(2)
Also, a vessel of a type mentioned in subregulation (1) is not required to comply with regulation 5A(1)(d).
(3)
However, a tender must carry:
- (a)
  2 oars fitted with rowlocks or 2 paddles; and
- (b)
  one bailer fitted with a lanyard.
(4)
A person commits an offence if:
- (a)
  the person is operating a tender in Northern Territory waters; and
- (b)
  the tender does not comply with subregulation (3).
Maximum penalty: 20 penalty units.
(5)
An offence against subregulation (4) is an offence of strict liability.

Division 2Towed water sports and personal water craft 6Towed water sports

(1)
A person commits an offence if:
- (a)
  the person is being towed behind a pleasure craft; and
- (b)
  the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(2)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft; and
- (aa)
  the person is at least 16 years of age; and
- (b)
  another person is being towed behind the pleasure craft; and
- (c)
  the person being towed is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of strict liability.

7Towed water sports – observer requirement

(1)
A person commits an offence if:
- (a)
  the person is being towed behind a pleasure craft; and
- (b)
  there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
(2)
A person commits an offence if:
- (a)
  the person is operating a pleasure craft; and
- (b)
  another person is being towed behind the pleasure craft; and
- (c)
  there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of absolute liability.
(4)
The owner of a pleasure craft commits an offence if:
- (a)
  another person is being towed behind the pleasure craft; and
- (b)
  there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
(5)
An offence against subregulation (4) is an offence of strict liability.
(6)
In this regulation:
observer, in relation to a pleasure craft when a person is being towed behind the pleasure craft, means a person who is responsible for watching the towed person at all times and relaying the towed person’s signals to the operator of the pleasure craft.

8Personal water craft

(1)
A person commits an offence if:
- (a)
  the person operates a personal water craft; and
- (b)
  the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard.
Maximum penalty: 20 penalty units.
(2)
A person commits an offence if:
- (a)
  the person operates a personal water craft; and
- (b)
  the safety lanyard for the automatic engine cut-out is not securely attached to the person or the person’s clothing.
Maximum penalty: 20 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of absolute liability.
(4)
The owner of a personal water craft commits an offence if:
- (a)
  the owner knows the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard; and
- (b)
  the owner permits another person to operate the water craft.
Maximum penalty: 20 penalty units.
(5)
A person commits an offence if:
- (a)
  the person operates a personal water craft; and
- (b)
  the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(6)
A person commits an offence if:
- (a)
  the person is a passenger on a personal water craft; and
- (b)
  the person is at least 16 years of age; and
- (c)
  the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(7)
A person commits an offence if:
- (a)
  the person operates a personal water craft; and
- (b)
  the person is at least 16 years of age; and
- (c)
  the personal water craft is carrying a passenger under the age of 16 years; and
- (d)
  the passenger is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(8)
An offence against any of subregulations (5) to (7) is an offence of strict liability.
(9)
In this regulation:
automatic engine cut-out, in relation to a personal water craft, means a device designed to stop the motor of the personal water craft in the event that the person who is operating it falls off.

Division 2ARequirements for small sailing vessels 8APersonal flotation device requirements for small sailing vessels

(1)
A person commits an offence if:
- (a)
  the person operates a sailing boat under 5 m in length or with permanently closed hulls; and
- (b)
  the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(2)
A person commits an offence if:
- (a)
  the person is a passenger or crew member on a sailing boat under 5 m in length or with permanently closed hulls; and
- (b)
  the person is at least 16 years of age; and
- (c)
  the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(4)
A person commits an offence if:
- (a)
  the person operates a sailing boat under 5 m in length or with permanently closed hulls; and
- (b)
  the person is at least 16 years of age; and
- (c)
  the sailing boat is carrying a passenger or crew member under the age of 16 years; and
- (d)
  the passenger or crew member is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(5)
An offence against subregulation (1), (2) or (4) is an offence of strict liability.
(6)
In this regulation:
crew member means a person who assists the operator in sailing the boat.

Division 3Boating inspectors and other matters 9Appointment of boating inspectors

(1)
The Minister may, by Gazette notice, appoint a person to be a boating inspector for this Part.
(2)
The Director must issue an identity card to each person appointed under subregulation (1).
(3)
An identity card issued under subregulation (2) must contain:
- (a)
  a photograph of the boating inspector and the inspector’s signature, both verified by the signature of the Director; and
- (b)
  the conditions, if any, of the inspector’s appointment.
(4)
The boating inspector must:
- (a)
  carry the identity card at all times while exercising a power or performing a function conferred or imposed upon the inspector under these Regulations; and
- (b)
  produce it to the operator of a pleasure craft upon request.
(5)
A police officer may exercise a power or perform a function under these Regulations of a boating inspector.

10Powers of boating inspectors

(1)
A boating inspector may, at any time, board and inspect a pleasure craft to ascertain whether it complies with the requirements in Part 2, Division 1.
(2)
For subregulation (1), a boating inspector may give a reasonable direction to the operator of a pleasure craft.
(2A)
The operator of a pleasure craft commits an offence if:
- (a)
  a direction is given to the operator under subregulation (2); and
- (b)
  the operator contravenes the direction.
Maximum penalty: 50 penalty units.
(2B)
An offence against subregulation (2A) is an offence of strict liability.
(2C)
It is a defence to a prosecution for an offence against subregulation (2A) if the defendant has a reasonable excuse.
(3)
For a direction to be reasonable, it is not necessary that the inspector suspects that the vessel is being, or is to be, operated in contravention of these Regulations.

11Obstruction of boating inspector

(1)
A person commits an offence if:
- (a)
  the person obstructs another person; and
- (b)
  the other person is a boating inspector; and
- (c)
  the person knows the boating inspector is acting in an official capacity.
Maximum penalty: 50 penalty units.
(2)
Strict liability applies to subregulation (1)(b).
(3)
In this regulation:
obstruct, includes hinder and resist.

12Protection from liability for boating inspectors

(1)
A boating inspector is not civilly or criminally liable for an act done or omitted to be done by the inspector in good faith in the exercise of a power or performance of a function under this Part.
(2)
Subregulation (1) does not affect any liability the Territory would, apart from that subregulation, have for the act or omission.
(3)
In this subregulation:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.

Part 3Operation of vessels generally 13Reckless navigation

A person must not navigate or use a vessel carelessly, negligently, recklessly or at a speed or in a manner that is dangerous to, or likely to, cause injury to a person or damage to property (including the vessel).

Maximum penalty: 50 penalty units.

14Diving offences

(1)
A diver operating from a vessel must, at all times while the diver is in the water, ensure that a rigid replica of the International Code of Signals Flag "A" is conspicuously displayed on the vessel to indicate there is a diver in the water.
Maximum penalty: 20 penalty units.
(2)
A diver commits an offence if:
- (a)
  the diver enters the water from a vessel; and
- (b)
  there is not another person on the vessel to keep watch over the diver.
Maximum penalty: 20 penalty units.
(3)
If there is another person on the vessel to keep watch over the diver, that person must keep a proper watch over the diver.
Maximum penalty: 20 penalty units.
(4)
A diver who is not operating from a vessel must, at all times while the diver is in the water, tow a float displaying a rigid replica of the International Code of Signals Flag "A" indicating that a diver is operating in the area.
Maximum penalty: 20 penalty units.
(5)
An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.
(6)
It is a defence to a prosecution for an offence against subregulation (1), (2), (3) or (4) if the defendant has a reasonable excuse.
(7)
For this regulation, the rigid replica of the International Code of Signals Flag "A" must have the following dimensions:
- (a)
  for a flag under subregulation (1) – not less than 100 cm x 100 cm;
- (b)
  for a flag under subregulation (4) – not less than 25 cm x 25 cm.
(8)
In this regulation:
diver means a person who:
- (a)
  is using diving equipment underwater; or
- (b)
  has used diving equipment underwater and remains in the water after having done so; or
- (c)
  has entered the water with the intention of using diving equipment underwater.
diving equipment means breathing apparatus other than a snorkel.

15Hire-and-drive vessels

(1)
A person commits an offence if:
- (a)
  the person hires a vessel that is:
  - (i)
    less than 5 m in length and capable of travelling at 12 knots under power; or
  - (ii)
    5 m or greater in length and capable of travelling at 12 knots whether under power or otherwise; and
- (b)
  the person:
  - (i)
    permits a child who is under the age of 12 years to operate the vessel; or
  - (ii)
    permits a child who is under the age of 16 years to operate the vessel without adult supervision.
Maximum penalty: 50 penalty units.
(2)
Strict liability applies to an offence under subregulation (1).

16Anchoring

(1)
The master of a vessel commits an offence if, other than in an emergency, the master anchors or permits the vessel to be anchored in a prohibited place.
Maximum penalty: 20 penalty units.
(2)
The master of a vessel commits an offence if, other than in an emergency, the master anchors, or permits the vessel to be anchored in a place or in a manner that obstructs the passage of other vessels.
Maximum penalty: 20 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of strict liability.
(4)
In this regulation:
prohibited place means the following:
- (a)
  a shipping channel;
- (b)
  an area that is near or at the approach to a wharf or a jetty;
- (c)
  within 100 m of a water ski jump.
17Closure of Northern Territory waters
(1)
The Minister may, by Gazette notice, declare any Northern Territory waters to be closed for a period of not more than 48 hours for the purposes of holding a regatta, competition, carnival or other event.
(2)
The declared waters are closed, for the period of the declaration, to any recreational vessel not entered in the regatta, competition, carnival or event (a non-participating vessel).
(3)
A police officer may prevent a non-participating vessel from entering, or remove it from, the closed waters.
(4)
The master of a non-participating vessel must not operate the vessel in the closed waters.
Maximum penalty: 100 penalty units.
(5)
An offence against subregulation (4) is an offence of strict liability.

18Restricted areas

(1)
The master of a vessel must not operate the vessel at a speed exceeding 5 knots within 30 m of a person in the water.
Maximum penalty: 10 penalty units.
(2)
The master of a vessel must not operate the vessel at a speed exceeding 5 knots within 150 m of the water’s edge at a beach between any of the following points:
- (a)
  Nightcliff Beach – between the northwesterly prolongation of the northeastern boundary of Lot 1842 Town of Nightcliff and the northwesterly prolongation of the northeastern boundary of Banksia Street;
- (b)
  Fannie Bay – between a line 225 degrees true from Dudley Point and a line bearing 288 degrees true from a point at the intersection of the westerly prolongation of the southern boundary of Gregory Street and high water mark;
- (c)
  Mindil Beach – between a line due west from the northwestern corner of Lot 5670 Town of Darwin and a line due north from the most northern corner of Lot 6394 at Myilly Point.
Maximum penalty: 10 penalty units.
(3)
The master of a vessel must not navigate the vessel at a speed exceeding 5 knots through or in a mooring area or within 30 m of a moored vessel.
Maximum penalty: 10 penalty units.
(4)
The master of a vessel must not navigate the vessel at a speed exceeding 5 knots within 100 m of a jetty, wharf or commercial shipping and cargo area.
Maximum penalty: 10 penalty units.
(5)
An offence against subregulation (1), (2), (3) or (4) is an offence of strict liability.
(6)
The master of a vessel commits an offence if:
- (a)
  the master intentionally navigates a vessel; and
- (b)
  the manner in which the master navigates the vessel causes wash that endangers the safety of a person, boat or structure and the master is reckless in relation to that result.
Maximum penalty: 10 penalty units.
(7)
Subregulations (1) to (6) do not apply to the master of a vessel that is being driven or used by a police officer in the execution of that officer’s duty if in the circumstances the officer is:
- (a)
  taking reasonable care; and
- (b)
  it is reasonable that the provision should not apply.
Part 3AAustralian Builders Plate for recreational vessels

18ADefinitions

In this Part:

ABP Standard means the standard titled "National Standard for the Australian Builders Plate for Recreational Boats", published under the authority of the Ministers comprising the Australian Transport Council, as in force at the commencement.

builders plate means a plate fixed to a vessel displaying information about the vessel.

commencement means the commencement of the Marine (General) Amendment Regulations (No. 2) 2015.

owner builder, of a vessel, means an individual who builds the vessel for the person’s own use.

18BApplication of Part

(1)
This Part applies to all recreational vessels except the following:
(a)     a used vessel;
(b)     an amphibious vessel that is also a motor vehicle that would be required to be registered under the Motor Vehicles Act 1949 if it were to be driven on a road or in a public place;
(c)     a canoe, kayak or surf ski or similar vessel designed to be powered by paddle;
(d)     a pedal powered boat;
(e)     a personal watercraft that complies with subregulation (3);
(f)      a rowing shell used for racing or rowing training;
(g)     a sailboard or sail kite or other similar vessel;
(h)     a surf row boat;
(i)      a hydrofoil or hovercraft;
(j)      a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion;
(k)     a submersible, being a powered vessel capable of submerging or operating underwater such as a submarine;
(l)      an aquatic toy, being an object designed primarily for play in or on water, for example:
(i)      an object designed solely to be towed behind a recreational vessel; or
(ii)     an inflatable boat to which ISO 6185 Inflatable boats, as in force on the day these Regulations commence, does not apply;
(m)    an inflatable boat to which ISO 6185 Inflatable boats, as in force at the commencement, applies and which complies with subregulation (4);
(n)     a vessel that is required to be surveyed under the Marine Safety National Law;
(o)     a vessel used only for the purpose of racing in organised events.
(2)
This Part does not apply to a vessel that, before 1 April 2013, had reached a stage of construction of having the keel laid or a stage of construction at which:
(a) the vessel was identifiable as a vessel of a particular type; and
(b) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or 1% of the mass of all structural material of the proposed completed vessel, whichever is the lesser.
(3)
This Part does not apply to a vessel that is a personal water craft if:
(a)     the following information is written on or attached to the vessel in a clearly visible place:
(i)      the total weight of persons and equipment that the vessel may carry in calm water (expressed in kilograms), as recommended by the builder of the vessel;
(ii)     the maximum number of persons the vessel may carry, as recommended by the builder of the vessel; or
(b)     the vessel is designed to carry not more than 2 persons (disregarding children under the age of 12 months).
(4)
This Part does not apply to a vessel that is an inflatable boat mentioned in subregulation (1)(m) if the vessel:
(a) has a plate attached to it in accordance with European Directive 94/25/EC-Recreational Craft Directive (as in force from time to time) that certifies that the vessel complies with the requirements of that Directive; or
(b) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association set out in the NMMA Certification Handbook (as in force at the commencement) that certifies that the vessel complies with the requirements of that Handbook.
(5)
In this regulation:
used vessel means a vessel that has been used otherwise than as follows:
(a)     in the course of being built or tested;
(b)     by the builder only;
(c)     for the purpose of transporting it for the purpose of sale;
(d)     for the purpose of demonstrating it to a purchaser.

18CVariation of ABP Standard

For this Part, a requirement of the ABP Standard to the effect that information on a builders plate for a vessel must include the name of the builder of the vessel is to be read as a requirement that the information must include:

(a)
the name of the person mentioned in regulation 18E who approves the information; and
(b)
the capacity in which the person approves the information.

18DVessel for sale required to have builders plate

(1)
A person must not sell a vessel to which this Part applies unless:
(a) a builders plate is fixed to the vessel in accordance with the ABP Standard; and
(b) the plate contains the information required by the ABP Standard; and
- (c)
  the information is in a form that meets the requirements of the ABP Standard; and
(d) the information on the plate is correct at the time of the sale.
(2)
A person commits an offence if the person contravenes subregulation (1).
Maximum penalty: 50 penalty units.
(3)
An offence against subregulation (2) is an offence of strict liability.
(4)
It is a defence to a prosecution for an offence against subregulation (2) if:
- (a)
  the defendant was an owner builder of the vessel concerned and the vessel was sold more than 5 years after it was first used; or
- (b)
  the defendant establishes that the vessel was to be exported from Australia.
(5)
In this regulation:
sell includes:
(a)     supply for sale; or
(b)     supply as part of a trade or business; or
(c)     offer or display for sale.

18EPersons authorised to approve information on builders plates

For this Part, the information on a builders plate fixed to, or to be fixed to, a vessel may only be approved by the following persons:

(a) the builder of the vessel – provided that the builder of the vessel is not an owner builder;

(b) a person who is approved by the Director for this regulation;

(c) a person who imported the vessel into Australia from overseas;

(d) a person authorised to do so under a corresponding law of another Australian jurisdiction.

18FOffences

(1)
A person commits an offence if:
- (a)
  the person intentionally fixes a builders plate to a vessel that is required to have a builders plate fixed to it under this Part; and
- (b)
  the person is reckless as to the information on the builders plate being incorrect or not complying with the ABP Standard.
Maximum penalty: 50 penalty units.
(2)
A person commits an offence if:
- (a)
  the person intentionally fixes a builders plate to a vessel that is required to have a builders plate fixed to it under this Part; and
- (b)
  the information on the plate has not been approved by a person referred to in regulation 18E.
Maximum penalty: 50 penalty units.
(3)
Strict liability applies to subregulation (2)(b).
(4)
A person commits an offence if:
- (a)
  the person intentionally alters the information on a builders plate fixed to a vessel that is required to have a builders plate fixed to it under this Part; and
- (b)
  the person is reckless as to the information on the builders plate as altered being incorrect or not complying with the ABP Standard.
Maximum penalty: 50 penalty units.
(5)
A person commits an offence if:
- (a)
  the person intentionally alters the information on a builders plate fixed to a vessel that is required to have a builders plate fixed to it under this Part; and
- (b)
  the information on the plate as so altered has not been approved by a person referred to in regulation 18E.
Maximum penalty: 50 penalty units.
(6)
Strict liability applies to subregulation (5)(b).

18GOffence relating to approval of information on builders plate

(1)
A person must not approve any information on a builders plate fixed to, or to be fixed to, a vessel that is required to have a builders plate fixed to it under this Part unless:
(a) the person is a person mentioned in regulation 18E; and
(b) the information is correct and complies with the ABP Standard.
(2)
A person commits an offence if the person contravenes subregulation (1).
Maximum penalty: 50 penalty units.
(3)
An offence against subregulation (2) is an offence of strict liability.

18HBuilders plate not to be altered unless authorised

(1)
A person commits an offence if:
- (a)
  the person alters, defaces, conceals, removes or obliterates a builders plate that is fixed to a vessel in accordance with this Part; and
- (b)
  the person is neither a person mentioned in regulation 18E nor authorised by such a person to do so.
Maximum penalty: 50 penalty units.
(2)
An offence against subregulation (1) is an offence of strict liability.

Part 4Safety 19Definitions

In this Part:

mother vessel means a mother boat as defined in regulation 3(1) of the Fisheries Regulations 1992.

overseas voyage, in relation to a vessel, means a voyage in the course of which the vessel travels between any of the following:

(a)
a port in the Territory and a port outside Australia;
(b)
a port in the Territory and a place in the waters above the continental shelf of a country other than Australia;
(c)
a port outside Australia and a place in the waters above the continental shelf of Australia adjacent to the Territory;
(d)
a place in the waters above the continental shelf of Australia adjacent to the Territory and a place in the waters above the continental shelf of a country other than Australia;
(e)
ports or places outside Australia;
(f)
places beyond the continental shelf of Australia.

vessel does not include any of the following:

(a)
an air-cushioned vehicle;
(b)
a recreational vessel;
(c)
a domestic commercial vessel that is proceeding on an overseas voyage;
(d)
a fishing vessel that is proceeding on an overseas voyage;
(e)
a fishing vessel that is less than 6.2 m in length that is operating in conjunction with a mother vessel and is within 5 nautical miles of the mother vessel;
(f)
a fishing vessel that is less than 6.2 m in length that is operating within 5 nautical miles of the coast;
(g)
an off-shore industry mobile unit;
(h)
an off-shore industry vessel that is a regulated Australian vessel as defined in section 6 of the Navigation Act 2012 (Cth);
(i)
a hire-and-drive vessel that is less than 7 m in length.

20Application of Part

This Part applies to a vessel despite the fact that the vessel may be a vessel to which Part IV of the Act does not apply.

21Construction of Uniform Shipping Laws Code

In construing section 15 of the Uniform Shipping Laws Code, or any standard or other instrument applicable under that section, any definition applicable under the Code to the section, standard or instrument is to be read subject to the Act and these Regulations.

22Safety of navigation

Section 15 of the Uniform Shipping Laws Code extends and applies to all vessels subject to the Act whilst in Northern Territory waters.

24Packing, marking and carriage of dangerous goods

(1)
The Minister may, by Gazette notice, make determinations in relation to:
- (a)
  the methods of packing and stowing dangerous goods in a vessel; and
- (b)
  the marking of dangerous goods in a vessel; and
- (c)
  the carriage of dangerous goods in a vessel.
(2)
The determination may include additional requirements where the vessel is one in which passengers are being, or are going to be, carried.
(3)
This regulation does not apply to a vessel within a designated port.

25Inspection of dangerous goods

(1)
If dangerous goods are being packed for carriage in a vessel, a shipping inspector may:
- (a)
  inspect the place at which the goods are being packed; and
- (b)
  make such visits to the vessel as the inspector considers necessary in relation to the packing, stowage, marking and carriage of the goods.
(2)
The Minister may, by Gazette notice, make determinations in relation to the fees for an inspection.
(3)
The owner, master or agent of the vessel is liable to those fees.

26Stowage plan for dangerous goods

(1)
The owner of a vessel carrying dangerous goods must ensure that a stowage plan setting out the following is kept on board the vessel:
- (a)
  the class and description (including the correct technical name) of any dangerous goods carried on the vessel;
- (b)
  the location in the vessel of each class of dangerous goods carried on the vessel.
Maximum penalty: 50 penalty units.
(2)
The master of a vessel carrying dangerous goods must ensure that a stowage plan setting out the following is kept on board the vessel:
- (a)
  the class and description (including the correct technical name) of any dangerous goods carried on the vessel;
- (b)
  the location in the vessel of each class of dangerous goods carried on the vessel.
Maximum penalty: 50 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of strict liability.
(4)
It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant has a reasonable excuse.
(5)
If a person other than the owner of a vessel is chartering the vessel or is otherwise the operator of the vessel under an agreement with the owner, that other person is taken to be the owner for subregulation (1).

27Marking of mass on heavy packages

(1)
The owner of a vessel must ensure that the gross mass of a package or object that is more than 1 t in gross mass is clearly and durably marked on the package or object before the package or object is loaded onto the vessel.
Maximum penalty: 50 penalty units.
(2)
The master of a vessel must ensure that the gross mass of a package or object that is more than 1 t in gross mass is clearly and durably marked on the package or object before the package or object is loaded onto the vessel.
Maximum penalty: 50 penalty units.
(3)
An offence against subregulation (1) or (2) is an offence of strict liability.
(4)
It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant proves that the defendant took all reasonable steps to ensure the object was marked in accordance with subregulation (1) or (2).
(5)
If a person other than the owner of a vessel is chartering the vessel or is otherwise the operator of the vessel under an agreement with the owner, that other person is taken to be the owner for subregulation (1).
Note for regulation 27
The defendant has an evidential burden in relation to the matters in subregulation (4) (see section 43BU of the Criminal Code).

Part 5Infringement notice offences 28Infringement notice offence and prescribed amount payable

(1)
An infringement notice offence is an offence against a provision specified in Schedule 2.
(2)
The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2.

29When infringement notice may be

If a boating inspector reasonably believes a person has committed an infringement notice offence, the boating inspector may give a notice (an infringement notice) to the person.

30Contents of infringement notice

(1)
The infringement notice must specify the following:
- (a)
  the name and address of the person, if known;
- (b)
  the date the infringement notice is given to the person;
- (c)
  the date, time and place of the infringement notice offence;
- (d)
  a description of the offence;
- (e)
  the prescribed amount payable for the offence;
- (f)
  the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable.
(2)
The infringement notice must include a statement to the effect of the following:
- (a)
  the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
- (b)
  the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
- (c)
  if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following:
  - (i)
    suspending the person’s licence to drive;
  - (ii)
    seizing personal property of the person;
  - (iii)
    deducting an amount from the person’s wages or salary;
  - (iv)
    registering a statutory charge on land owned by the person;
  - (v)
    making a community work order for the person and imprisonment of the person if the person breaches the order.
(3)
Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

31Payment by cheque

If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

32Withdrawal of infringement notice

(1)
The Director may withdraw the infringement notice by written notice given to the person.
(2)
The notice must be given:
- (a)
  within 28 days after the infringement notice is given to the person; and
- (b)
  before payment of the prescribed amount.
33Application of Part
(1)
This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2)
Also, this Part does not:
- (a)
  require an infringement notice to be given; or
- (b)
  affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
- (c)
  prevent more than one infringement notice for the same offence being given to a person.
(3)
If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 6Transitional matters for Marine (General) Amendment Regulations 2015 34Offence provisions – before and after commencement

(1)
The offence provisions, as amended by the Marine (General) Amendment Regulations 2015, apply only in relation to offences committed after the commencement of those Regulations (the commencement).
(2)
The offence provisions, as in force before the commencement, continue to apply in relation to offences committed on or before the commencement.
(3)
For this regulation, if any of the conduct constituting an offence occurred on or before the commencement, the offence is taken to have been committed on or before the commencement.
(4)
In this regulation:
offence provisions means the provisions of Part 2 of these Regulations that create or relate to offences (including in relation to criminal responsibility, defences and penalties).

Part 7Transitional matter for Marine (General) Amendment Regulations (No. 2) 2015 35Exemption for certain imported vessels

(1)
Regulation 18D(1) does not apply in relation to any of the following:
- (a)
  a vessel that was imported into Australia before the commencement;
- (b)
  a vessel that is imported into Australia within 6 months after the commencement.
(2)
In this regulation:
commencement means the commencement of the Marine (General) Amendment Regulations (No. 2) 2015.

Schedule 1Minimum safety equipment requirements for pleasure craft

regulation 5

Part A Inland waters

1
One personal flotation device, appropriate for the activity being undertaken, for each person on board.
2
One anchor and anchor cable of at least 50 m in length.
3
If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion.
4
One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute.
5
2 L of drinking water, in a leak-proof container, for each person on board.
6
One waterproof torch.

Part B Intermediate waters

1
One personal flotation device, appropriate for the activity being undertaken, for each person on board.
2
If the pleasure craft is less than 10 m in length – one anchor and anchor cable of at least 50 m in length. If the pleasure craft is 10 m or more in length – 2 anchors and anchor cables of at least 50 m in length.
3
If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion.
4
One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute.
5
2 L of drinking water, in a leak-proof container, for each person on board.
6
One waterproof torch.
7
2 red flares and 2 orange smoke flares.
8
One V distress sheet.
9
If the pleasure craft is 5 m or more in length – one portable fire extinguisher. If the pleasure craft is 10 m or more in length – 2 portable fire extinguishers.
10
If the pleasure craft is 10 m or more in length – 2 fire buckets of minimum capacity of 9 L and fitted with lanyards.

Part C Open waters

1
One personal flotation device, appropriate for the activity being undertaken, for each person on board.
2
One anchor and anchor cable of at least 50 m in length for vessels less than 10 m in length. 2 anchors and anchor cables of at least 50 m in length for vessels 10 m or more in length.
3
If the pleasure craft is less than 5 m in length – 2 oars fitted with rowlocks or 2 paddles, unless the vessel has 2 or more independent means of propulsion that are appropriate for the size of the vessel, the waters in which the vessel is operating, and the intended role of each means of propulsion.
4
One bailer fitted with a lanyard, or one bilge pump. If the pleasure craft has covered bilges, it must have a bilge pump. If the pleasure craft is 10 m or more in length, it must have a bilge pump of minimum capacity of 100 L per minute.
5
2 L of drinking water, in a leak-proof container, for each person on board.
6
One waterproof torch.
7
2 red flares and 2 orange smoke flares.
8
One V distress sheet.
9
One registered EPIRB.
10
If the pleasure craft is 5 m or more in length – one portable fire extinguisher. If the pleasure craft is 10 m or more in length –2 portable fire extinguishers.
11
If the pleasure craft is 10 m or more in length – 2 fire buckets of minimum capacity of 9 L and fitted with lanyards.
12
One liquid damped compass or operational GPS receiver.
13
One paper chart or electronic chart system displaying the area of operation.
14
If the pleasure craft is 10 m or more in length – one lifebuoy.

Schedule 2Infringement notice offences and prescribed amounts

regulation 28

Provision	Prescribed amount in penalty units
Provision	for individual	for body corporate
Marine (General) Regulations 2013
regulations 5(1), (2) and (3), 5A(2), 5C(4), 6(1) and (2), 7(1) and (2), 8(1), (2), (5), (6) and (7), 8A(1), (2) and (4), 13, 14(1), (2), (3) and (4), 16(a), (b) and (d) and 18	2
regulations 7(4) and 8(4)	2	10

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Marine (General) Regulations (SL No. 25, 2013)
Notified	1 July 2013
Commenced	1 July 2013 (r 2, s 2 Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013 (Act No. 11, 2013) and Gaz S24, 25 June 2013)
Marine (General) Amendment Regulations2015 (SL No. 5, 2015)
Notified	1 May 2015
Commenced	1 May 2015
Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015)
Assent date	22 May 2015
Commenced	pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc; rem: 1 July 2015 (Gaz S57, 9 June 2015, p 2)
Marine (General) Amendment Regulations (No.2) 2015 (SL No. 25, 2015)
Notified	7 October 2015
Commenced	7 October 2015
Statute Law Revision Act 2018 (Act No. 10, 2018)
Assent date	23 May 2018
Commenced	20 June 2018 (Gaz S41, 20 June 2018)
Transport Legislation Amendment Regulations2019 (SL No. 11, 2019)
Notified	1 July 2019
Commenced	1 August 2019 (r 2)

3
GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2, 4, 18B, 19 and 30 and Sch 2.

4
LIST OF AMENDMENTS

r 3 amd No. 5, 2015, r 3; No. 25, 2015, r 3; No. 11, 2019, r 8

r 3A ins No. 5, 2015, r 4

amd No. 25, 2015, r 4; No. 11, 2019, r 9

r 4 amd No. 5, 2015, r 5; No. 11, 2019, r 10

r 5 sub No. 5, 2015, r 6

rr 5A – 5C ins No. 5, 2015, r 6

pt 2

div 2 hdg sub No. 5, 2015, r 6

r 6 sub No. 5, 2015, r 6

amd No. 25, 2015, r 5

r 7 – 8 sub No. 5, 2015, r 6

pt 2

div 2A hdg ins No. 5, 2015, r 6

r 8A ins No. 5, 2015, r 6

amd No. 25, 2015, r 6

r 10 amd No. 5, 2015, r 7; No. 11, 2019, r 11

r 11 sub No. 5, 2015, r 8

rr 14 – 15 sub No. 11, 2019, r 12

r 16 amd Act No. 12, 2015, s 59

sub No. 11, 2019, r 12

rr 17 – 18 sub No. 11, 2019, r 12

r 19 amd No. 11, 2019, r 13

r 23 rep Act No. 12, 2015, s 60

r 24 amd Act No. 12, 2015, s 61

pt 3A hdg ins No. 25, 2015, r 7

rr 18A – 18H ins No. 25, 2015, r 7

rr 26 – 27 sub No. 11, 2019, r 14

pt 5 hdg ins No. 5, 2015, r 9

rr 28 – 33 ins No. 5, 2015, r 9

pt 6 hdg ins No. 5, 2015, r 9

r 34 ins No. 5, 2015, r 9

pt 7 hdg ins No. 25, 2015, r 8

r 35 ins No. 25, 2015, r 8

sch sub No. 5, 2015, r 10

sch 2 ins No. 5, 2015, r 10

amd Act No. 10, 2018, s 6

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Marine (General) Regulations 2013 (NT)

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