Marine Safety (General) Regulation 2009 (NSW)
This Regulation is the Marine Safety (General) Regulation 2009.
This Regulation takes effect on 30 March 2009 and is required to be published on the NSW legislation website.
In this Regulation:
(a) the waters of:
(i) Lake Burrinjuck, and
(ii) Lake Eucumbene, and
(iii) Lake Jindabyne, and
(iv) Khancoban Pondage, and
(v) the Swampy Plains River, and
(vi) Mannus Lake, and
(vii) Googong Reservoir, and
(viii) Blowering Reservoir, and
(ix) Pejar Dam, and
(x) Yass River, and
(xi) Lake Oberon, and
(b) all navigable waters within the boundaries of the Kosciuszko National Park.
(a) a general boat driving licence,
(b) a young adult general boat driving licence,
(c) a personal watercraft driving licence,
(d) a young adult personal watercraft driving licence.
The Passenger Transport Act 1990 currently contains the following definition of
(a) the taking, catching or capturing of fish or other living resources of the water for sale, or
(b) the processing or carrying of fish or other living resources of the water so taken, caught or captured.
(a) the Act,
(b) Ports and Maritime Administration Act 1995,
(c) Marine Pollution Act 1987,
(d) Maritime Services Act 1935,
(e) (Repealed)
(f) Marine Pilotage Licensing Act 1971,
(g) Navigation Act 1901.
(a) has a fully enclosed hull, and
(b) does not retain water taken on if it capsizes, and
(c) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel,
and includes a jet powered surfboard.
(a) is used only to transport goods or persons between the shore and its parent vessel or between its parent vessel and another vessel, and
(b) does not operate further from its parent vessel than 1nm, and
(c) is less than 7.5 metres in length.
For the purpose of this Regulation, a recreational vessel being transferred from one location to another is not a commercial vessel (regardless of whether or not money, or other consideration, is received for the transfer) if fare-paying passengers are not being carried on the vessel.
For the purposes of this Regulation, an outrigger canoe is categorised by the number of persons the canoe carries and a category constitutes one of the following:
(a) OC1 (one person),
(b) OC2 (two persons),
(c) OC4 (four persons),
(d) OC6 (six persons).
For the purposes of this Regulation, a reference to a specified class of vessel is a reference to that class of service category as described in Clause 3.5 of Chapter 3 of Part B of the document titled the National Standard for Commercial Vessels adopted by the Australian Transport Council and as in force from time to time.
Notes included in this Regulation do not form part of this Regulation.
Any craft used on water that is capable of being used underwater is declared to be a vessel.
Any pontoon, airdock, floating dock or similar apparatus, or any floating apparatus used as an accessory in surfing or bathing or used as flotation equipment by a person being towed by a vessel, is declared not to be a vessel unless it is a kiteboard or a sailboard.
Schedule 2 contains international regulations for preventing collisions at sea adopted by this Regulation under section 10 (2) of the Act with modifications set out in that Schedule.
Section 10 (2) of the Act enables the regulations to adopt (with or without modification) international regulations for preventing collisions at sea. The provisions set out in Schedule 2 are the International Regulations for Preventing Collisions at Sea with modifications set out under the headings “NSW special Rule”. Section 10 (3) of the Act provides that the master or other person concerned in the operation of a vessel is guilty of an offence if he or she contravenes those regulations or causes them to be contravened.
A person on board a vessel, or in the vicinity of any navigable waters, must not use distress signalling equipment or make any distress signal, except for the purpose of indicating distress.
A person must not, without proper cause, display or make any light or other visual signal, or any sound signal, that is used as a warning or guide to vessels.
The operator of a vessel must ensure that each person on board the vessel complies with this clause.
Maximum penalty: 50 penalty units.
In this clause:
A person must not operate a vessel that displays an emergency patrol signal unless:
(a) the display has been authorised in writing by RMS for the purpose of enabling the carrying out of emergency patrol duty, or
(b) the vessel is operated on behalf of RMS, the NSW Police Force, the Ambulance Service of NSW or a fire service for the purpose of carrying out an emergency patrol duty.
An operator of a vessel carrying out an emergency patrol duty must ensure that an emergency patrol signal is displayed in a clearly visible position if directed to do so by RMS.
An operator of a vessel must comply with any direction concerning the manner of navigation of the vessel given by the operator or any crew member of another vessel displaying an emergency patrol signal in accordance with this clause.
Maximum penalty: 50 penalty units.
The operator of a power-driven vessel must not permit any person on board the vessel to extend any part of that person’s body outside the perimeter of the vessel while the engine of the vessel is turned on.
A person on board a power-driven vessel must not extend any part of the person’s body outside the perimeter of the vessel while the engine of the vessel is turned on.
The operator of a power-driven vessel that is making way must not permit any person to sit on, ride on or hang onto a swim ladder, swim platform or transom attached to the vessel, except with the written approval of RMS.
A person on board a power-driven vessel that is making way must not sit on, ride on or hang onto a swim ladder, swim platform or transom attached to the vessel, except with the written approval of RMS.
This clause does not apply to a person who is:
(a) anchoring, fishing, mooring or casting off, or
(b) involved in any activity relating to securing the safety of any person or property, or
(c) the operator of, or a passenger on, a personal watercraft.
In this clause, a reference to a vessel making way is a reference to the vessel being underway and propelled by the vessel’s machinery.
Maximum penalty: 50 penalty units.
An authorised person for a commercial vessel may give a direction to a person not to board or remain on board the vessel if the authorised person is of the opinion that the direction is necessary to ensure that the maximum number of persons that the vessel is authorised to carry is not exceeded.
An authorised person for a commercial vessel may give a direction to a person not to enter or remain in a part of the vessel if the authorised person is of the opinion that the direction is necessary to ensure that the maximum number of persons authorised to be carried in that part of the vessel is not exceeded.
An authorised person for a commercial vessel may give a direction to a person who is a passenger or special personnel on the vessel to move to or from a part of the vessel, or cease an activity in which the person is engaged on the vessel, if the authorised person is of the opinion that the direction is necessary to ensure the proper and orderly management, operation or navigation of the vessel.
A person must not fail to comply with any reasonable direction given to the person under this clause.
Maximum penalty: 50 penalty units.
An authorised person may not give a direction under this clause to a relevant officer who is exercising his or her functions as a relevant officer.
In this clause:
(a) a police officer, or
(b) an officer of a Department of the New South Wales Government or the Commonwealth Government, or
(c) an officer of a statutory authority created under the law of New South Wales or of the Commonwealth.
A passenger on a commercial vessel must not:
(a) be in a part of the vessel if there is a notice displayed at each place on the vessel designed for entry to that part that prohibits the passenger’s entry to that part, or
(b) be on any roof, awning or mast on the vessel.
A person on a commercial vessel must not:
(a) obstruct a person engaged in the navigation or other operation of the vessel, or
(b) wilfully damage, or use for a purpose for which it was not intended, any part of the vessel or any equipment on the vessel, or
(c) remove, damage or deface any sign or notice on the vessel that relates to the vessel’s safe and proper use or any survey plate.
Maximum penalty: 50 penalty units.
The operator of a vessel must not drive the vessel through the space provided by the lifting or lateral movement of the opening span of a bridge unless the vessel is a power-driven vessel or is being towed or pushed by a power-driven vessel.
The operator of a vessel must not cause wash that damages or impacts unreasonably on:
(a) any dredge or floating plant, or
(b) any construction or other works in progress, or
(c) any bank, shore or waterside structure, or
(d) any other vessel, including a vessel that is moored.
The operator of a vessel approaching a dredge or other vessel restricted in its ability to manoeuvre must pass on the side of the dredge or vessel that is displaying the shapes or lights indicating safe passage as specified in Rule 27 and clause 4 of Annex I in Schedule 2.
Maximum penalty: 50 penalty units.
The operator of a vessel must not operate the vessel at a speed of more than 60 knots if any person under the age of 18 years is on board the vessel.
Maximum penalty: 50 penalty units.
This clause does not apply to a vessel operated in accordance with an aquatic licence.
The owner and master of a vessel are each guilty of an offence if the vessel is operated while having a motor that exceeds:
(a) the power rating specified for the vessel by the manufacturer, or
(b) if there is no power rating specified for the vessel by the manufacturer or the power rating is not apparent:
(i) in the case of a vessel with an outboard motor, the maximum power capacity as calculated in accordance with section 2.6 of AS 1799.1—2009Small craft—General requirements for power boats, or
(ii) in any other case, the power rating (if any) approved by RMS for vessels of that kind.
Maximum penalty: 50 penalty units.
The operator of a vessel engaged in towing or pushing another vessel or object must ensure that the vessel or object being towed or pushed is:
(a) safely secured to the towing or pushing vessel during the period of the tow, and
(b) positioned so that the vessel or object, or anything on the vessel or object, does not obscure visibility from the towing or pushing vessel unless a person appropriately positioned is providing safety instructions to the operator.
Maximum penalty: 50 penalty units.
A person must not engage in kitesurfing in any waters specified in Part 1 of Schedule 3.
A person must not engage in sailboarding in any waters specified in Part 2 of Schedule 3.
Maximum penalty: 50 penalty units.
The following vessels are exempt from compliance with a notice displayed under section 11 of the Act:
(a) a vessel operated by a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions,
(b) a vessel operated in waters or in a manner that does not comply with the notice in order to avoid an immediate risk of injuring persons or damaging property.
A vessel that is not a power-driven vessel is exempt from compliance with a notice displayed under section 11 of the Act to the extent that the notice contains restrictions on the speed of vessels.
If a vessel or any equipment associated with a vessel is a potential obstruction to navigation (within the meaning of section 16 of the Act) or danger to other vessels, the operator of the vessel must ensure that adequate warning is given to other vessel operators of the potential obstruction or danger.
Maximum penalty: 50 penalty units.
The operator of a vessel must not:
(a) obstruct, or restrict or impede access to, any fairway or channel, or
(b) obstruct the approach to, or restrict or impede the proper use of, any wharf, jetty or other landing place, or any boatshed, slip, launching ramp or courtesy or emergency mooring.
Maximum penalty: 50 penalty units.
A person must not obstruct or in any way impede:
(a) the launching, removal from the water or securing of a vessel, or
(b) the handling of cargo or the embarking or disembarking of passengers in respect of a vessel, or
(c) the safe navigation of a vessel.
Maximum penalty: 50 penalty units.
A person must not cause any object or apparatus to float on, extend over or be in any navigable waters if it:
(a) obstructs, or is likely to obstruct, navigation, or
(b) causes, or is likely to cause, nuisance or danger to any person, or
(c) causes, or is likely to cause, damage to any property.
A person must not throw or otherwise project into, or cause to extend over or into, any navigable waters any object or apparatus that:
(a) obstructs, or is likely to obstruct navigation, or
(b) causes, or is likely to cause, any nuisance or danger to any person, or
(c) causes, or is likely to cause, damage to any property.
Maximum penalty: 50 penalty units.
In this clause,
The owner of any obstruction to navigation must ensure that it is marked and lit so that it does not cause a danger to navigation.
RMS may, in writing, direct the owner of an obstruction to navigation to mark or light the obstruction in the time and manner specified in the direction and to maintain the marking or lighting in good condition.
The owner of an obstruction to navigation to whom a direction is given under subclause (3) must comply with that direction.
The owner of an obstruction to navigation to whom a direction is given under subclause (3) must notify RMS as soon as the owner becomes aware of any defect in relation to the marking or lighting of the obstruction.
If the owner of any obstruction to navigation fails to comply with a direction under subclause (3), RMS may take action to cause the obstruction to be marked or lit.
RMS may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by RMS in the exercise of its powers under subclause (6) from the owner of the obstruction to navigation.
Maximum penalty: 50 penalty units.
The Minister may dispose of any obstruction to navigation removed under section 16 of the Act in accordance with this clause.
Section 16 of the Act enables the Minister to direct the owner or person responsible for an obstruction to navigation to remove the obstruction. If the person fails to do so, the Minister may remove or authorise the removal of the obstruction.
The Minister is to take reasonable steps to determine who is the owner or person responsible for the obstruction to navigation unless the obstruction has been destroyed as referred to in section 16 (3) of the Act or the Minister considers the obstruction has no appreciable market value.
If the Minister considers that the obstruction to navigation has no appreciable market value, the Minister may direct that the obstruction be disposed of, kept, repaired or treated in any way that the Minister considers appropriate.
If the Minister considers that the obstruction to navigation has some appreciable market value, the obstruction is to be returned to a person who:
(a) establishes to the satisfaction of the Minister that the person is the owner or person responsible for the obstruction, and
(b) pays to the Minister the amount of reasonable costs and expenses incurred by the Minister as referred to in section 16 (5) of the Act.
If the Minister is unable to establish who is the owner or person responsible for the obstruction to navigation or recover the amount of reasonable costs and expenses incurred by the Minister, the Minister may, after a reasonable period of time has passed, sell or otherwise dispose of the obstruction or keep the obstruction.
The proceeds of any sale referred to in subclause (5) are to be applied towards reducing the amount of reasonable costs and expenses incurred by the Minister. If those proceeds are more than that amount and the Minister has established who is the owner or person responsible for the obstruction to navigation, the balance remaining after that amount is deducted is to be paid to that person on application in writing by that person.
A person must not, without lawful authority:
(a) be on or in or damage or interfere with any lighthouse, lightship or dolphin, or
(b) secure any vessel to any navigation aid or bridge.
A person must not, without lawful authority:
(a) be within 30 metres of any moored or anchored seagoing ship, sunken or stranded vessel, moored or anchored dredge, floating crane or plant, or site on which construction work is being carried on by or for RMS or any other public or local authority, or
(b) be within 100 metres of any wharf or installation used for the shipment, unshipment or storage of any oil, inflammable liquids, dangerous goods or explosives.
Subclause (2) does not apply to:
(a) a person or a class of persons authorised to enter or be in the area by an officer of RMS, the owner or master of the vessel concerned or a person in charge of the plant, site, installation, wharf or site concerned, or
(b) a person on board a vessel that is operated by a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions, or
(c) a person who is within the distances referred to in that subclause because of an emergency or in order to avoid an immediate risk of injuring persons or damaging property.
A person must not, without lawful authority:
(a) climb onto or attach oneself to a vessel in navigable waters, or
(b) assist any person to climb onto or attach himself or herself to any vessel in navigable waters.
Despite subclause (2) (a), a person, whether or not conveyed in a vessel, must not, in navigable waters, be any closer than:
(a) 200 metres from the bow and 60 metres from the sides and stern of a naval vessel that is underway, or
(b) 60 metres from a naval vessel that is moored, anchored or berthed.
Subclause (5) does not apply to:
(a) a person on board a vessel that has the consent of the master of the naval vessel concerned to be closer than the distances specified in that subclause, or
(b) a person on board a ferry providing a regular passenger service (within the meaning of the Passenger Transport Act 1990) that is on its usual route or timetable for the day, or
(c) a person (whether or not on board a vessel) who is within the distances referred to in that subclause because of an emergency or in order to avoid an immediate risk of injuring persons or causing significant damage to property.
Maximum penalty: 100 penalty units.
A person must not cut, break, destroy, cast off, untie or detach any rope, cable, chain or other means by which a vessel is secured, unless authorised to do so by the owner or operator of the vessel.
A person must not untie or detach any safety equipment located in the vicinity of navigable waters except for the purpose of securing the safety of any person or preventing the loss of, or damage to, any property.
Maximum penalty: 50 penalty units.
Clauses 24–26 apply to vessels of 30 metres or more in length, except for the following:
(a) ferries providing regular passenger services (within the meaning of the Passenger Transport Act 1990), including ferries being brought into position for the provision of those services,
(b) a vessel operated by a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions.
Clause 26A applies to all vessels, except a vessel operated by a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions.
Nothing in this Division requires a person to operate a vessel in waters to which a notice under section 11 of the Act applies at a speed lower than any speed restriction imposed by the notice.
This clause applies to the navigable waters between a line from the stone pillar at Bradley’s Head to Hermit Point and a line from Balls Head to Ballast Point.
A person must not operate a vessel in navigable waters to which this clause applies at a speed of more than 10 knots.
Maximum penalty (subclause (2)): 10 penalty units.
This clause applies to the navigable waters between a line from Inner South Head to Inner North Head and a line from the stone pillar at Bradley’s Head to Hermit Point and including Middle Harbour and North Harbour.
A person must not operate a vessel in navigable waters to which this clause applies at a speed of more than 12 knots.
Maximum penalty (subclause (2)): 10 penalty units.
This clause applies to the navigable waters of the Port of Sydney including all rivers and creeks connecting with the Port west of a line from Balls Head to Ballast Point extending to Silverwater Bridge.
A person must not operate a vessel in navigable waters to which this clause applies at a speed of more than 6 knots.
Maximum penalty (subclause (2)): 10 penalty units.
This clause applies to the navigable waters of Sydney Cove within the meaning of Schedule 3A.
A person must not operate a vessel in Sydney Cove at a speed of more than 8 knots.
Maximum penalty: 50 penalty units.
For the purposes of this Division, a
The operator of a vessel (other than a parasailing vessel) that is travelling at a speed of 10 knots or more or that is towing a person by any means on, over or under water must ensure that the vessel, any towing equipment and any person being towed maintain:
(a) a distance of not less than 60 metres from persons in or on the water and vessels (except power-driven vessels or vessels that are towing persons) or, if that is not possible, a safe distance, and
(b) a distance of not less than 30 metres from power-driven vessels (except vessels that are towing persons), land, structures, moored or anchored vessels and other things or, if that is not possible, a safe distance, and
(c) a safe distance from any vessel that is towing a person.
Maximum penalty: 50 penalty units.
The operator of a parasailing vessel must ensure that the vessel, any towing equipment and any person being towed maintain a distance of at least 200 metres from any other vessel and any overhead structure or apparatus erected or suspended above navigable waters.
Maximum penalty: 50 penalty units.
A person must not operate a vessel in a swimming area unless permitted to do so by a notice erected or authorised to be erected by the Minister.
A person must not operate a power-driven vessel within 60 metres of a swimming area unless permitted to do so by a notice erected or authorised to be erected by the Minister.
A person must not use a vessel to tow another person by any means if the other person is in, or within 60 metres of, a swimming area.
Subclauses (1)–(3) do not apply to a vessel that is operated by a local council, Surf Life Saving New South Wales or professional lifeguards for the purpose of undertaking rescues or surf rescue training or patrolling.
For the purposes of this clause, a
(a) in the case of surf beaches—the area of navigable waters designated for use by swimmers by the display of surf patrol flags or signs erected by a public or local authority authorised to do so, being an area having boundaries comprising:
(i) the shore between the flags or signs, and
(ii) imaginary lines running from the flags or signs perpendicular to the shore for a distance of 500 metres from the shore (or for such shorter distance from the shore as is indicated on the flags or signs), and
(iii) an imaginary line running between the ends of those lines, or
(b) in any other case—any area of navigable waters designated for use by swimmers by the display of signs erected by a public or local authority authorised to do so, being an area having boundaries comprising:
(i) the shore between the signs (or, if 3 or more such signs are erected on the shore, the shore between the 2 outermost signs), and
(ii) imaginary lines, running from the signs, perpendicular to the shore for a distance of 60 metres from the shore (or for such shorter distance from the shore as is indicated on the signs), and
(iii) an imaginary line running between the ends of those lines.
Maximum penalty: 50 penalty units.
The operator of a vessel that is passing or crossing a vessel in chains that is underway must:
(a) operate at a speed of 4 knots or less when within 100 metres of the chains, ropes or cables being used by the vessel in chains, and
(b) disengage power when crossing the chains, ropes or cables being used by the vessel in chains, except when it is unsafe to do so, and
(c) pass at a safe distance astern from the vessel in chains.
Maximum penalty: 50 penalty units.
The operator of a vessel must not tow more than 3 persons at the same time (regardless of the number of devices used or their capacity), except with the written approval of RMS or in accordance with an aquatic licence.
Maximum penalty: 50 penalty units.
The operator of a vessel must not tow any person between sunset and sunrise, except with the written approval of RMS or in accordance with an aquatic licence.
Maximum penalty: 50 penalty units.
The operator of a vessel must not tow any person unless:
(a) the operator has designated another person who is on board the vessel to act as an observer in accordance with this clause, and
(b) the operator has explained the duties of an observer (as set out in subclause (3)) to the other person, and
(c) the other person is qualified to act as an observer, and
(d) the other person is not under the influence of alcohol or a drug.
For the purposes of subclause (1) (c), a person is qualified to act as an observer if that person:
(a) has attained the age of 16 years, or
(b) is the holder of a young adult boat driving licence or a young adult personal watercraft driving licence.
An observer has the following duties:
(a) to face and watch the person being towed,
(b) to report to the operator of the vessel all matters affecting the safety of the person being towed and the safety of any other person affected by the towing operation.
Subclause (1) does not apply to a personal watercraft in any of the following circumstances:
(a) while the personal watercraft is operated by Surf Life Saving New South Wales or professional lifeguards for the purpose of undertaking rescues or surf rescue training,
(b) while the personal watercraft is being operated in open waters for tow-in surfing and there are no paddle surfboard riders present, so long as the conditions set out in subclause (5) are being complied with.
For the purposes of subclause (4) (b), the following conditions must be complied with:
(a) the personal watercraft must be equipped with:
(i) a quick release floating tow rope with a minimum length of 7 metres, and
(ii) a two-way communication device, and
(iii) a rescue sled, and
(iv) a second kill switch lanyard wrapped around the handlebars, and
(v) a toolkit, and
(vi) a bow tow-line with a minimum length of 7 metres, and
(b) the operator of the vessel:
(i) must hold a current first aid certificate, and
(ii) must have passed a course or examination approved by RMS for the purposes of this paragraph, and
(iii) must carry dive fins and a safety knife on his or her person, and
(iv) must give right of way to all other boating and recreational activities, and
(v) must remain at least 200 metres from all other vessels and persons in the water, and
(vi) must not tow more than one person at a time, and
(c) in a case where the personal watercraft is being operated for tow-in surfing, the surfboard rider:
(i) must hold a current personal watercraft driving licence, and
(ii) must hold a current first aid certificate, and
(iii) must wear an appropriate lifejacket, and
(iv) must have passed a course or examination approved by RMS for the purposes of this paragraph.
Maximum penalty: 50 penalty units.
The operator of a vessel must ensure that any rope, object or other apparatus trailing from the vessel does not cause any obstruction to navigation, danger to any person or damage to any property.
Maximum penalty: 50 penalty units.
The operator of a power-driven vessel must ensure that the tow rope or towing device used to tow a person ensures that the person being towed is not less than 7 metres behind the vessel.
Maximum penalty: 50 penalty units.
This clause does not apply if:
(a) the tow rope or towing device used to tow a person is a training bar, and
(b) the person, while being towed, is:
(i) learning how to barefoot ski or use a water ski or similar device, and
(ii) at least one metre from the side of the vessel, and
(iii) at least one metre forward of the vessel’s exhaust port.
In this clause,
(a) is fitted to a vessel and extends perpendicular to the centreline of the vessel, and
(b) can be held directly or by means of a short rope by a person being towed.
The owner of a personal watercraft must ensure that the personal watercraft is not operated by any person unless it has a behaviour label firmly affixed to it that:
(a) is issued by RMS, and
(b) is not in any way defaced, obliterated or concealed, and
(c) is clearly visible from the steering position at all times.
Maximum penalty: 20 penalty units.
A behaviour label is a label that contains a description of certain requirements to be complied with under the Act or this Regulation.
The operator of a personal watercraft must not operate the personal watercraft on any navigable waters in a personal watercraft exclusion zone.
Maximum penalty: 50 penalty units.
The owner of a personal watercraft must not permit a person to operate the personal watercraft on any navigable waters in a personal watercraft exclusion zone.
Maximum penalty: 50 penalty units.
Subclauses (1) and (2) do not apply to a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions.
A person who commits an offence under subclause (1) is disqualified from holding or obtaining a boat driving licence:
(a) for the first such offence—for a period of 2 years after the commission of the offence, or
(b) for the second such offence—for a period of 4 years after the commission of the offence, or
(c) for the third or subsequent such offence—at any time during the life of the person.
The disqualification is in addition to any penalty imposed for the offence.
Subject to subclause (6), the responsible licensing official may at any time remove, or reduce the period of, a disqualification imposed by subclause (4).
A disqualification imposed by subclause (4) does not operate to the extent to which it is inconsistent with any order of a court, or any decision of the responsible licensing official under section 38 of the Act, that disqualifies the person concerned from holding or obtaining a licence.
For the purposes of subclause (4), a person is taken to have committed an offence:
(a) at the time that the person is found guilty of the offence by a court, or
(b) at the time that the person pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996).
In this clause:
A person must not operate a personal watercraft in an irregular manner on any navigable waters in the personal watercraft restriction zone that are within 200 metres of a river bank or shore.
Maximum penalty: 50 penalty units.
A person must not operate a personal watercraft in an irregular manner on any navigable waters outside the personal watercraft restriction zone that are within 200 metres of a river bank or shore, if one or more dwellings are:
(a) located on land within 200 metres of the river bank or shore adjacent to the waters, and
(b) visible from those waters.
Maximum penalty: 50 penalty units.
This clause does not apply to any of the following:
(a) the operator of a personal watercraft that is towing a person,
(b) a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions.
In this clause,
(a) driving it in a circle or other pattern, or
(b) weaving or diverting, or
(c) surfing down, or jumping over or across, any swell, wave or wash,
but does not include making any necessary jump, turn or diversion.
In this clause,
A person must not operate a personal watercraft in navigable waters between sunset and sunrise, except with the written approval of RMS or in accordance with an aquatic licence.
The owner of a personal watercraft must not permit a person to operate the personal watercraft in navigable waters between sunset and sunrise unless the watercraft is operated with the written approval of RMS or in accordance with an aquatic licence.
This clause does not apply to a police officer, or an officer or member of staff of RMS, acting in the exercise of his or her functions.
Maximum penalty: 50 penalty units.
This Division does not apply to the following vessels:
(a) a personal watercraft,
(b) a vessel propelled by oars or paddles and that does not have an engine,
(c) a vessel used solely for the purpose of racing or competition,
(d) a sailing vessel with or without an engine,
(e) a commercial vessel operating in accordance with a certificate of survey in force under the National law,
(f) a vessel that has been in State waters for less than 3 months and:
(i) that is not ordinarily operated in State waters, and
(ii) that is registered under the law of another State or Territory or of another country, and
(iii) that is operated in accordance with the requirements (if any) of the law of that State, Territory or country relating to the maximum safe loading level of vessels, the labelling of vessels in relation to maximum safe loads and the maximum number of persons that the vessel may carry.
The owner of a vessel must ensure that a label (a
Maximum penalty: 50 penalty units.
The safety label must be in a form approved by RMS.
The safety label must show the maximum safe load (comprising the total weight of persons and equipment) that the vessel may carry in calm water, or the maximum number of persons the vessel may carry in calm water, and such other safety information as determined by RMS.
The information to be displayed on the safety label relating to the maximum safe load and maximum number of persons that the vessel may carry must be calculated in accordance with:
(a) Australian Standard AS 1799.1—1992, Small Pleasure Boats Code, Part 1: General requirements for power boats as in force from time to time, or
(b) a standard approved in writing by RMS, or
(c) the ABP Standard (within the meaning of Part 3).
The safety label must be firmly affixed to the vessel:
(a) in a position that is clearly visible from each steering position on the vessel and complies with any instructions on the label relating to positioning, or
(b) in such other position as is approved in writing by RMS.
The safety label must not be defaced, obliterated or concealed.
The owner and operator of a vessel must ensure that:
(a) the vessel is not loaded with persons or equipment (or both), the total weight of which exceeds the maximum safe load displayed on the safety label, and
(b) the number of persons on the vessel does not exceed the maximum number of persons the vessel may carry, as displayed on the safety label.
Maximum penalty (subclause (7)): 50 penalty units.
In calculating the number of persons on board a vessel for the purposes of this clause, children under the age of one year are to be disregarded.
In this Division,
The master of a commercial adventure vessel must not operate the vessel in Port Jackson at a speed exceeding:
(a) 20 knots in the waters west of a straight line drawn between the starboard lateral marker at Bradley’s Head and Woollahra Point, or
(b) 30 knots in the waters east of that line.
Maximum penalty: 50 penalty units.
This clause does not apply to the following waters:
(a) Sydney Cove,
(b) any of the waters of Port Jackson for which a notice is displayed in accordance with section 11 of the Act that imposes restrictions on the speed of vessels in those waters.
Clauses 23 (1A) and (2) and 26A contain provisions relating to speed limits for Sydney Cove.
The master of a commercial adventure vessel must ensure that, when operating the vessel in an irregular manner, the vessel maintains:
(a) a distance of not less than 200 metres from any person in the water, and
(b) a distance of not less than 200 metres from any other vessel, and
(c) a distance of not less than 100 metres from any fixed object, and
(d) when coming to an abrupt stop, a distance of at least 500 metres in front of any ferry that is underway on the same path.
Maximum penalty: 50 penalty units.
In this clause,
(a) driving it in a circle or other pattern, or
(b) weaving or diverting, or
(c) surfing down, or jumping over or across, any swell, wave or wash,
but does not include making any necessary jump, turn or diversion.
The owner and master of a Class 1 or Class 2 commercial vessel are each guilty of an offence if the vessel departs Lord Howe Island and is operated in open waters:
(a) between sunset and sunrise, or
(b) when the wind speed exceeds 25 knots, or
(c) when the wind is in the segment 150 degrees to 320 degrees and exceeds 21 knots.
Maximum penalty: 50 penalty units.
The owner and master of a Class 1 or Class 2 commercial vessel are each guilty of an offence if the vessel is operated in enclosed waters within Lord Howe Island Lagoon between sunset and sunrise and for the whole period during which the vessel is operated:
(a) the wind speed exceeds 15 knots, or
(b) tidal conditions do not exceed 300 millimetres from the low water mark.
Maximum penalty: 50 penalty units.
The master of a vessel must ensure that the requirements of Schedule 3A are complied with in relation to the vessel.
Maximum penalty: 50 penalty units.
In this Part:
(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.
(a) supply for sale, or
(b) supply in furtherance of a trade or business, or
(c) offer or display for sale.
This Part applies to all vessels except the following vessels:
(a) a second hand vessel,
(b) an amphibious vehicle, being a vessel that is also a motor vehicle and that is required to be registered within the meaning of the Road Transport Act 2013,
(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 subclause (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, and
(ii) an inflatable boat to which ISO 6185Inflatable boats, as in force from time to time, does not apply,
(m) an inflatable boat to which ISO 6185Inflatable boats, as in force from time to time, applies and which complies with subclause (4),
(n) a vessel that is required to be surveyed under the Act,
(o) a vessel used only for the purpose of racing in organised events.
This Part does not apply to a vessel that, before 1 July 2006, 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 one per cent of the mass of all structural material of the proposed completed vessel, whichever is the lesser.
This Part does not apply to a vessel that is a personal watercraft 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.
In calculating the number of persons on board a vessel for the purposes of subclause (3) (b), children under the age of one year are to be disregarded.
This Part does not apply to a vessel that is an inflatable boat referred to in subclause (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 from time to time) that certifies that the vessel complies with the requirements of that Handbook.
For the purposes of 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 the name of the person referred to in clause 47 who approves the information and the capacity in which the person approves the information.
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 on the plate is correct at the time of the sale, and
(d) the plate has been fixed to the vessel in accordance with the requirements of the ABP Standard.
Maximum penalty: 50 penalty units.
It is a defence to a prosecution for an offence against clause 45 if the defendant establishes that 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 first registered.
It is a defence to a prosecution for an offence against clause 45 if the defendant establishes that:
(a) the defendant was not the builder of the vessel, and
(b) there was a plate fixed to the vessel when it was sold by the defendant and the defendant reasonably believed that the plate was a builders plate for the vessel, and
(c) the defendant had no reason to believe that the information on the plate was incorrect, and
(d) the defendant was not aware of any modification of the vessel that would affect the accuracy of the information on the plate.
It is a defence to a prosecution for an offence against clause 45 if the defendant establishes that the vessel was to be exported overseas.
For the purposes of this Part, the information on a builders plate fixed to or to be fixed to a vessel may only be approved by any of the following persons:
(a) the builder of the vessel so long as the builder of the vessel is not an owner builder,
(b) a person who is approved by RMS for the purposes of this clause,
(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.
This clause applies to a vessel that is required to have a builders plate fixed to it under this Part when sold in New South Wales.
A person must not fix a builders plate to a vessel to which this clause applies if:
(a) the person has reason to believe that the information on the builders plate is incorrect or does not comply with the ABP Standard, or
(b) the information on the plate has not been approved by a person referred to in clause 47.
A person must not alter the information on a builders plate that is fixed to a vessel to which this clause applies if:
(a) the person has reason to believe that the information will be incorrect if so altered or will not comply with the ABP Standard, or
(b) the information as so altered has not been approved by a person referred to in clause 47.
Maximum penalty: 50 penalty units.
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 when sold in New South Wales unless:
(a) the person is a person referred to in clause 47, and
(b) the information is correct and complies with the ABP Standard.
Maximum penalty: 50 penalty units.
A person must not alter, deface, conceal, remove or obliterate a builders plate that is fixed to a vessel in accordance with this Part unless the person is, or is authorised to do so by, a person referred to in clause 47.
Maximum penalty: 50 penalty units.
RMS may refuse to register for the first time a vessel to which a builders plate is required to be fixed under this Part when sold in New South Wales if:
(a) a builders plate is not fixed to the vessel in accordance with the ABP Standard, or
(b) RMS has reason to believe the information on a builders plate fixed to the vessel is incorrect.
In this Part:
The website of Transport for NSW is authority means:
(a) in the case of Newcastle Harbour—the Newcastle Port Corporation, or
(b) in the case of Port Kembla Inner and Outer Harbours—the Port Kembla Port Corporation, or
(c) in the case of Botany Bay and Sydney Harbour—the Sydney Ports Corporation, or
(d) in the case of the ports of Eden and Yamba—the Minister.
This Part applies to the following marine safety licences:
(a) a vessel registration certificate—being a marine safety licence for a vessel that is required by Division 2 of Part 5 of the Act,
(b) a boat driving licence—being a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5 of the Act,
(c) an aquatic licence declared to be a marine safety licence by subclause (2),
(d) a marine pilot’s licence—being a marine safety licence to act as pilot of a vessel in any port that is required by Part 6 of the Act,
(e) a marine pilotage exemption certificate—being a marine safety licence exempting a vessel from compulsory pilotage under Part 6 of the Act,
(f) a certificate of local knowledge—being a marine safety licence exempting a vessel whose master is the holder of the certificate from compulsory pilotage under Part 6 of the Act,
(g) a bar crossing licence declared to be a marine safety licence by subclause (2).
For the purposes of all of the provisions of the Act, the following licences are declared to be marine safety licences under section 29 (h) of the Act:
(a) an aquatic licence,
(b) a bar crossing licence.
An application for a marine safety licence must:
(a) be made to the responsible licensing official in the approved form, and
(b) be accompanied by the particulars and documents required by the responsible licensing official (including, for example, medical assessments), and
(c) be accompanied by such proof of identity documentation as is required by the responsible licensing official, and
(d) be accompanied by the relevant fee, and
(e) comply with any other requirements of this Part in relation to applications for the type of marine safety licence concerned.
A reference in this Division to an application for a marine safety licence includes a reference to an application for a further marine safety licence whether or not made before or after the expiry of the previous licence.
The responsible licensing official may waive any of the requirements of this Regulation in relation to an application for a further marine safety licence.
A marine safety licence may be granted only to a natural person.
Subclause (1) does not apply to the following marine safety licences:
(a) a vessel registration certificate,
(b) an aquatic licence.
A marine safety licence may be granted only to a single natural person or other legal entity.
An application for a marine safety licence may be refused in any of the following circumstances:
(a) if any information provided by the applicant is found to be false or misleading in a material particular or is, in the opinion of the responsible licensing official, inadequate to enable the application to be assessed properly,
(b) if the applicant is not, in the opinion of the responsible licensing official, a fit and proper person to hold the licence,
(c) if the applicant has been issued with a penalty notice in relation to, or been found guilty of, an offence against the marine legislation,
(d) in the case of an application for a further licence, if the applicant has failed to comply with any condition of a current or previous licence,
(e) in the case of an application for a further licence, if any fees for, or in connection with, a current or previous licence are overdue and have been overdue for a period of at least 14 days,
(f) if the responsible licensing official determines that it is in the public interest to do so,
(g) if the applicant is not eligible for the licence under this Regulation.
In addition to the circumstances in which the responsible licensing official may refuse to issue a licence under subclause (1), the responsible licensing official may refuse to issue a vessel registration certificate if:
(a) the holder of the certificate fails to comply with any of the requirements of Division 2 in relation to the vessel, or
(b) the vessel is an unsafe vessel (within the meaning of section 44 of the Act), or
(c) the responsible licensing official is of the opinion that the vessel may cause damage to any property or the environment, or
(d) the holder of the certificate ceases to own the vessel.
In addition to the circumstances in which the responsible licensing official may refuse to issue a licence under subclause (1), the responsible licensing official may refuse to issue a boat driving licence if the applicant for the licence is, in the opinion of the responsible licensing official, incapable of safely operating a vessel of the type to which the licence relates, or is physically or medically unfit to operate such a vessel.
If the responsible licensing official refuses to issue a marine safety licence, the responsible licensing official is to give notice in writing of the decision, and the reasons for the decision, to the applicant concerned.
For the purposes of section 38 (1) (c) of the Act, the prescribed circumstances in which the responsible licensing official may suspend or cancel a marine safety licence are as follows:
(a) any information provided by the holder of the licence for the purposes of the marine legislation is found to be false, misleading or inadequate in a material particular,
(b) the holder of the licence is not, in the opinion of the responsible licensing official, a fit and proper person to hold the licence,
(c) the holder of the licence has failed to comply with any condition of the licence,
(d) the holder of the licence has committed an offence against any provision of the marine legislation or section 52B of the Crimes Act 1900 or any provision of the law of the Commonwealth or of another State or a Territory that the responsible licensing official considers is similar to a provision of the marine legislation or that section,
(e) if the responsible licensing official determines that it is in the public interest to do so,
(f) the holder of the licence requests that the licence be suspended or cancelled.
In addition to the circumstances in which the responsible licensing official may suspend or cancel a licence under subclause (1), the responsible licensing official may suspend or cancel a vessel registration certificate if:
(a) the holder of the certificate fails to comply with any of the requirements of Division 2 or of the responsible licensing official in relation to the vessel, or
(b) the vessel is an unsafe vessel (within the meaning of section 44 of the Act), or
(c) the responsible licensing official is of the opinion that the vessel may cause damage to any property or the environment, or
(d) the holder of the certificate ceases to own the vessel.
In addition to the circumstances in which the responsible licensing official may suspend or cancel a licence under subclause (1), the responsible licensing official may suspend or cancel a boat driving licence if:
(a) the holder of the licence is, in the opinion of the responsible licensing official, incapable of safely operating a vessel of the type to which the licence relates or is physically or medically unfit to operate such a vessel, or
(b) the holder of the licence fails to provide any medical or eyesight assessment or report required by the responsible licensing official, or
(c) the holder of the licence fails to undertake any further courses or seminars required by the responsible licensing official, or
(d) the holder has had a similar licence or authorisation suspended or cancelled under the laws of the Commonwealth or another State or a Territory for disciplinary reasons.
In addition to the circumstances in which the responsible licensing official may suspend or cancel a licence under subclause (1), the responsible licensing official may suspend or cancel a marine pilot’s licence, a marine pilotage exemption certificate or a certificate of local knowledge if:
(a) the holder of the licence or certificate is, in the opinion of the responsible licensing official, incapable of safely operating a vessel of the type to which the licence or certificate relates or is physically or medically unfit to operate such a vessel, or
(b) the holder of the licence or certificate fails to provide any medical or eyesight assessment or report required by the responsible licensing official, or
(c) the holder of the licence or certificate has failed to satisfactorily complete any further courses or training required by the responsible licensing official, or
(d) the holder has had a similar licence or certificate suspended or cancelled under the laws of the Commonwealth or another State or a Territory for disciplinary reasons.
If the responsible licensing official suspends or cancels a marine safety licence, the responsible licensing official is to give notice in writing of the decision and (except in the case where the holder of the licence has requested the suspension or cancellation) the reasons for the decision to the holder of the licence.
The suspension or cancellation of a marine safety licence by the responsible licensing official (except in accordance with section 111 of the Act) takes effect on the day on which notice of it is given as referred to in subclause (4) or on a later day specified in the notice.
For the purposes of subclause (1) (d), a person is taken to have committed an offence at the time that the person:
(a) is found guilty of the offence by a court, or
(b) pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996).
The responsible licensing official may disqualify a person from holding or obtaining a marine safety licence for a specified period (not exceeding 2 years) if the person has committed an offence against the marine legislation.
For the purposes of this clause, a person is taken to have committed an offence at the time that the person:
(a) is found guilty of the offence by a court, or
(b) pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996).
The holder of a marine safety licence must notify RMS in writing, or in another manner acceptable to RMS, of each of the following events within 14 days of the event occurring:
(a) any change in the licence holder’s particulars recorded on the licence, including any change of name or address,
(b) any change in the vessel particulars recorded on the licence, including any change in the vessel name, proposed use of the vessel or proposed area of operation,
(c) any change in the vessel’s ownership or control, including the date of any such change and the name or address of the person to whom ownership or control has passed,
(d) any advice received from a medical practitioner that casts doubt on the person’s fitness to hold the marine safety licence.
Maximum penalty: 20 penalty units.
If a marine safety licence or vessel registration label is lost, stolen, damaged, destroyed or defaced, the holder of the licence or label must, within 14 days, inform RMS in writing.
Maximum penalty: 20 penalty units.
RMS may, on payment of the relevant fee, issue a replacement marine safety licence or vessel registration label to a person if satisfied that the person is the holder of a licence or label that has been lost, stolen, damaged, destroyed or defaced.
RMS may send a notice of renewal to the holder of a marine safety licence.
A notice of renewal is a notice:
(a) addressed to a holder of a marine safety licence, and
(b) stating that, if the marine safety licence is not renewed on or before a specified date, the marine safety licence will expire.
If RMS fails to send a notice of renewal, that failure does not affect:
(a) the expiry of the marine safety licence, or
(b) the obligation of a holder of a marine safety licence to renew the licence if a licence is required by or under the Act.
RMS may request in writing the holder of a marine safety licence to return the licence and any specified relevant labels and documentation for a vessel to RMS:
(a) to enable amendment of any conditions associated with the licence, or endorsement of conditions on or in association with the licence or label, or
(b) for the purpose of issuing a different licence, or
(c) if the licence contains a photograph of the holder of the licence and RMS considers that the photograph is no longer a true likeness of the holder, to enable a new photograph to be taken.
The holder of a marine safety licence to whom a request is made under this clause must not, without reasonable excuse, fail to comply with the request within the time specified in the request.
Maximum penalty (subclause (2)): 20 penalty units.
An applicant for a marine safety licence must not cheat in any examination associated with the marine safety licence.
Maximum penalty: 10 penalty units.
A person must not:
(a) forge a marine safety licence, or
(b) alter a marine safety licence without proper authorisation, or
(c) use a forged marine safety licence, or
(d) use a marine safety licence that has been altered without proper authorisation.
Maximum penalty: 10 penalty units.
A person who commits an offence under subclause (1) or (2) is disqualified from holding or obtaining any licence under this Part for a period of 12 months after the commission of the offence. The disqualification is in addition to any penalty imposed for the offence.
A disqualification imposed by subclause (3) does not operate to the extent to which it is inconsistent with any order of a court, or any decision of the responsible licensing official under section 38 of the Act, that disqualifies the person concerned from holding or obtaining a licence.
For the purposes of subclause (3), a person is taken to have committed an offence at the time that the person is found guilty of the offence by a court.
For the purposes of section 50 (3) of the Act, the following classes of vessel are exempt from registration:
(a) vessels that:
(i) are not power-driven vessels, and
(ii) are less than 5.5 metres in length, and
(iii) are not the subject of an occupation licence under the Management of Waters and Waterside Lands Regulations—N.S.W. or wet berthed at a marina or moored or berthed in accordance with a lease granted by RMS, and
(iv) are not occupying any navigable waters by direction of, or with the permission of, the Crown or any person or body lawfully entitled to give such a direction or permission,
(b) vessels that:
(i) are less than 5.5 metres in length, and
(ii) are fitted with an engine having a power rating of less than 4.0 kilowatts, and
(iii) are not the subject of an occupation licence under the Management of Waters and Waterside Lands Regulations—N.S.W. or wet berthed at a marina or moored or berthed in accordance with a lease granted by RMS, and
(iv) are not occupying any navigable waters by direction of, or with the permission of, the Crown or any person or body lawfully entitled to give such a direction or permission,
(c) off-the-beach vessels that:
(i) are not the subject of an occupation licence under the Management of Waters and Waterside Lands Regulations—N.S.W. or wet berthed at a marina, and
(ii) are not occupying any navigable waters by direction of, or with the permission of, the Crown or any person or body lawfully entitled to give such a direction or permission,
(d) passive craft,
(e) seaplanes,
(f) a vessel that is in the charge of a trader and is being used for purposes connected with the manufacture, alteration, repair, testing, sale or demonstration of a commercial purpose of the vessel or of a trade article and is displaying a trade plate,
(g) a vessel that is authorised to be used by a hire and drive licence that is in force under the Act.
For the purposes of section 50 (3) of the Act, a vessel owned by a prescribed body is exempt from registration if:
(a) the vessel clearly displays a unique identification number for the body on each side of the forward half of the vessel in block letters of at least 150 mm in height or, in the case of a personal watercraft, at least 100 mm in height, and
(b) the vessel is operated only by personnel of the body authorised by the body to do so and only in the course of official duties, and
(c) particulars of the vessel (including its identification number, make, model and colour) are listed on a database maintained by the body and to which access is available to the responsible licensing official on request.
In this clause:
(a) in relation to the State Emergency Service, operating a vessel as authorised under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989, including for the purpose of carrying out authorised training activities, and
(b) in relation to Surf Life Saving New South Wales, operating a vessel while carrying out rescue or lifesaving activities, including authorised training activities.
An initial vessel registration certificate granted by the responsible licensing official in relation to a vessel is to contain a vessel registration number and be accompanied by a vessel registration label.
A vessel registration certificate is not to be issued or transferred in respect of a vessel unless a hull identification number approved by RMS is affixed to the vessel in a form, manner and location that is in accordance with:
(a) International Standard No ISO 10087—1995 (E), Small Craft—Hull Identification—Coding system published by the International Organization for Standardization and as in force from time to time, or
(b) directions given in writing by RMS.
This clause does not apply to the following vessels:
(a) any commercial vessel more than 7.5 metres in length for which there is a survey certificate that is in force under the Act,
(b) a vessel in chains,
(c) a dumb barge (being a barge that is not self-propelled and requires towing or pushing for the purpose of moving from one place to another).
Despite subclause (1), a vessel registration certificate may, with the approval of the responsible licensing official, be issued or transferred without a hull identification number being affixed to the vessel. It is a condition of vessel registration that the number is affixed to the vessel within the period specified in the approval.
RMS may authorise a person to issue and affix hull identification numbers for the purposes of clause 63.
A person authorised under this clause must comply with any written directions of RMS in relation to the issuing or attaching of hull identification numbers.
Maximum penalty (subclause (2)): 50 penalty units.
| |
Personal flotation device Type 2 | A personal flotation device that complies with:
|
Personal flotation device Type 3 | A personal flotation device that complies with:
|
Red hand-held distress flare | A red hand-held distress flare that complies with Australian Standard AS: 2092—2004, Pyrotechnic marine distress flares and signals for pleasure craft (as in force from time to time) as it relates to such distress signals. |
V-sheet (distress signal) | A fluorescent orange-red coloured sheet of dimensions not less than 1.8 metres × 1.2 metres with a black V superimposed on the sheet in the position shown. The letter “V” on the sheet must be of a width no more than 150 millimetres. Lanyard (rope) must be tied to each corner of the sheet. |
Waterproof torch | A water resistant, floating type torch in operational order that is capable of being used to signal. |
(Clause 84)
Essential items | Quantity | Area of operation | |
Enclosed | Open | ||
Anchor with chain/line | 1 | Yes | Yes |
Appropriate lifejacket | 1 for each person on board the vessel | Yes | Yes |
Appropriate map or chart | 1 | No | Yes |
Bailer/bucket/fire bucket | 1 | Yes | Yes |
Bilge pump (B1) | (B2) | Yes | Yes |
Compass | 1 | No | Yes |
Orange smoke hand-held distress signal | 2 | No | Yes |
Red hand-held distress flare | 2 | No | Yes |
EPIRB | 1 | No | Yes, but only if vessel is more than 2 nautical miles from nearest shore |
Fire extinguisher (F1) | (F2) | Yes | Yes |
Fresh drinking water | 2 litres per person | No | Yes |
Marine radio | 1 | No | Yes, but only if vessel is more than 2 nautical miles from nearest shore |
Paddles or oars/rowlocks | (P1) | Yes | Yes |
Sound signal (airhorn/whistle/bell) | 1 | Yes | Yes |
V-sheet (distress signal) | 1 | No | Yes |
Waterproof torch | 1 | Yes | Yes |
(B1): To be provided on vessels with covered bilges or closed under-floor compartments other than airtight void spaces. For all other vessels a bailer is to be carried.
(B2): Is to be capable of draining each compartment (other than airtight void spaces). May require more than one bilge pump to be fitted.
(F1): All vessels with an electric start motor, gas installation, fuel stove or battery.
(F2): At least one. More are to be carried if potential sources of fire and the size of the vessel require it.
(P1): Paddles or oars/rowlocks are to be carried on boats under 6 metres in length unless a second means of propulsion is fitted.
A sailing vessel, less than 6 metres in length and operating on enclosed waters, is not required to carry an anchor.
A sailing vessel with a permanently enclosed, self draining hull is not required to carry a bucket or bailer.
A sailing vessel engaged in a sail training session organised by a club, school or other similar organisation is not required to carry safety equipment specified in Part 1 if a power driven vessel, capable of use for rescue purposes, is in attendance.
A vessel of less than 6 metres in length, with two or more independent means of propulsion, is not required to carry a paddle or a pair of oars.
For the purposes of subclause (1), two or more sails, are considered to be one means of propulsion.
This clause applies to tenders that:
(a) are operating on enclosed waters, and
(b) are operating within 200 metres of the shore, and
(c) are less than 3 metres in length.
A tender to which this clause applies is not required to carry safety equipment specified in Part 1 if the tender carries the following safety equipment:
(a) a paddle or a pair of oars,
(b) a waterproof torch if operating between sunset and sunrise,
(c) a bucket, bailer or bilge pump.
A personal watercraft, kayak or canoe (other than an outrigger canoe) on open waters is not required to carry safety equipment specified in Part 1.
A row boat, dinghy or inflatable boat is not required to carry safety equipment specified in Part 1 if the vessel is:
(a) less than 3 metres in length, and
(b) not a tender, and
(c) not carrying an engine or fuel, and
(d) not more than 200 metres from the nearest shore, and
(e) operating between sunrise and sunset, and
(f) operating on enclosed waters, and
(g) built so as to float if swamped or capsized.
An off-the-beach vessel is not required to carry safety equipment specified in Part 1 if the vessel does not have sufficient storage room to carry the safety equipment specified in that Part in relation to the vessel.
An outrigger canoe is not required to carry safety equipment specified in Part 1 while operating on open waters if:
(a) each person on board has undergone a safety drill in respect of possible emergencies arising on the vessel, and
(b) the vessel is operating between sunrise and sunset, and
(c) (Repealed)
(d) the vessel is built so as to float if swamped or capsized, and
(e) the vessel is returned to shore or a safe haven if the weather or water conditions become, or are predicted to become, unsuitable for canoeing, and
(f) the vessel is carrying the following equipment:
(i) an appropriate lifejacket for each person on board,
(ii) flares or a mobile telephone (in a water tight container),
(iii) if the vessel is an OC4 or OC6 outrigger canoe:
(A) at least 2 buckets (bailers) with a lanyard attached to each, and
(B) at least one spare paddle, and
(C) a rope of at least 25 metres in length and 12 millimetres in diameter of the type known as “silver rope”, securely attached to the forward canoe spreader or lashing point (the “wae”) for towing,
(iv) if the vessel is an OC1 or OC2 outrigger canoe, a leg rope.
An outrigger canoe is not required to carry safety equipment specified in Part 1 while operating on enclosed waters if:
(a) each person on board has undergone a safety drill in respect of possible emergencies arising on the vessel, and
(b) the vessel is displaying a white strobe light on a one metre pole or 2 fixed white lights, one mounted at each end of the canoe, when operating between sunset and sunrise if that vessel is an OC4 or OC6 outrigger canoe, and
(c) the vessel has 1 all round white light affixed to the highest point of the vessel, when operating between sunset and sunrise, if that vessel is an OC1 or OC2 outrigger canoe, and
(d) the vessel is built so as to float if swamped or capsized, and
(e) the vessel is returned to shore or a safe haven if the weather or water conditions become, or are predicted to become, unsuitable for canoeing, and
(f) the vessel is carrying the following equipment:
(i) an appropriate lifejacket for each person on board,
(ii) flares or a mobile telephone (in a water tight container), where the vessel is operating between sunset and sunrise,
(iii) if the vessel is an OC4 or OC6 outrigger canoe:
(A) at least 2 buckets (bailers) with a lanyard attached to each, and
(B) at least one spare paddle, and
(C) a rope of at least 25 metres in length and 12 millimetres in diameter of the type known as “silver rope”, securely attached to the forward canoe spreader or lashing point (the “wae”) for towing,
(iv) if the vessel is an OC1 or OC2 outrigger canoe, a leg rope.
A dragon boat is not required to carry safety equipment specified in Part 1 while operating on enclosed waters if:
(a) each person on board has undergone a safety drill in respect of possible emergencies arising on the vessel, and
(b) the vessel is displaying appropriate lights when operating between sunset and sunrise, and
(c) the vessel is operating not more than 400 metres from the nearest shore, and
(d) the vessel is built so as to float if swamped or capsized, and
(e) the vessel is returned to shore or a safe haven if the weather or water conditions become, or are predicted to become, unsuitable for boating, and
(f) the vessel is not rowed in the middle of a channel and is rowed on the starboard side (bow side) of the channel, and
(g) the vessel is carrying the following equipment:
(i) at least 1 bucket (bailer) with a lanyard attached,
(ii) (Repealed)
(iii) a rope of at least 25 metres in length and 12 millimetres in diameter of the type known as “silver rope”, securely attached to the dragon boat for towing,
(iv) flares or a mobile telephone (in a water tight container) when the vessel is operating between sunset and sunrise.
(Clauses 80J, 80K and 86)
Name of coastal bar | General description of bar location |
Bellinger River | Located near the town of Urunga in the vicinity of the confluence of the Bellinger and Kalang Rivers and the Tasman Sea. |
Boambee Creek | Located near the town of Toormina in the vicinity of the confluence of Boambee Creek with the Tasman Sea. |
Bonville Creek | Located near the town of Sawtell in the vicinity of the confluence of Bonville Creek with the Tasman Sea. |
Brunswick River | Located near the town of Brunswick Heads in the vicinity of the confluence of the Brunswick River with the Coral Sea. |
Camden Haven River | Located near the town of North Haven in the vicinity of the confluence of the Camden Haven Inlet with the Tasman Sea. |
Clarence River | Located near the town of Yamba in the vicinity of the confluence of the Clarence River with the Coral Sea. |
Corindi River | Located near the town of Red Rock in the vicinity of the confluence of the Corindi River with the Tasman Sea. |
Cudgen Creek | Located near the town of Kingscliff in the vicinity of the confluence of Cudgen Creek with the Coral Sea. |
Cudgera Creek | Located near the town of Hastings Point in the vicinity of the confluence of Cudgera Creek with the Coral Sea. |
Evans River | Located near the town of Evans Head in the vicinity of the confluence of the Evans River with the Coral Sea. |
Hastings River | Located near the town of Port Macquarie in the vicinity of the confluence of the Hastings River with the Tasman Sea. |
Killick Creek | Located near the town of Crescent Head in the vicinity of the confluence of Killick Creek with the Tasman Sea. |
Korogoro Creek | Located near the town of Hat Head in the vicinity of the confluence of Korogoro Creek with the Tasman Sea. |
Macleay River | Located near the town of South West Rocks in the vicinity of the confluence of the Macleay River with the Tasman Sea. |
Manning River | Located near the town of Harrington in the vicinity of the confluence of the Manning River with the Tasman Sea. |
Manning River | Located near the town of Old Bar in the vicinity of the confluence of Farquhar Inlet with the Tasman Sea. |
Mooball Creek | Located near the town of Pottsville in the vicinity of the confluence of Mooball Creek with the Coral Sea. |
Moonee Creek | Located near the town of Moonee Beach in the vicinity of the confluence of Moonee Creek with the Tasman Sea. |
Nambucca River | Located near the town of Nambucca Heads in the vicinity of the confluence of the Nambucca River with the Tasman Sea. |
Richmond River | Located near the town of East Ballina in the vicinity of the confluence of the Richmond River with the Coral Sea. |
Sandon River | Located near the town of Sandon in the vicinity of the confluence of the Sandon River with the Coral Sea. |
South West Rocks Creek | Located near the town of South West Rocks in the vicinity of the confluence of South West Rocks Creek with the Tasman Sea. |
Tweed River | Located near the town of Tweed Heads in the vicinity of the confluence of the Tweed River with the Coral Sea. |
Wallis Lake | Located near the towns of Forster-Tuncurry in the vicinity of the confluence of Wallis Lake with the Tasman Sea. |
Wooli River | Located near the town of Wooli in the vicinity of the confluence of the Wooli River with the Coral Sea. |
Swansea Channel | Located near the suburb of Swansea in the vicinity of the confluence of Lake Macquarie’s Swansea Channel with the Tasman Sea. |
Tuggerah Lake | Located near the town of The Entrance in the vicinity of the confluence of Tuggerah Lake with the Tasman Sea. |
Brisbane Water | Located near the town of Umina in the vicinity of the confluence of Brisbane Water with Broken Bay and west of the port hand lateral markers. |
Burrill Lake | Located near the town of Dolphin Point in the vicinity of the confluence of Burrill Lake with the Tasman Sea. |
Clyde River | Located near the town of Batemans Bay in the vicinity of the confluence of the Clyde River and Batemans Bay. |
Lake Conjola | Located near the town of Lake Conjola in the vicinity of the confluence of Lake Conjola with the Tasman Sea. |
Crookhaven River | Located near the town of Crookhaven in the vicinity of the confluence of the Crookhaven River with the Tasman Sea. |
Currarong Creek | Located near the town of Currarong in the vicinity of the confluence of Currarong Creek with the Tasman Sea. |
Durras Lake | Located near the town of Durras North in the vicinity of the confluence of Durras Lake with the Tasman Sea. |
Kianinny Bay | Located near the town of Tathra in the vicinity of the confluence of Kianinny Bay with the Tasman Sea. |
Lake Illawarra | Located near the town of Warilla in the vicinity of the confluence of Lake Illawarra with the Tasman Sea. |
Merimbula Lake | Located near the town of Merimbula in the vicinity of the confluence of Merimbula Lake with the Tasman Sea. |
Minnamurra River | Located near the town of Minnamurra in the vicinity of the confluence of the Minnamurra River with the Tasman Sea. |
Mogareka Inlet | Located approximately 2 km north of the town of Tathra in the vicinity of the confluence of Mogareka Inlet with the Tasman Sea. |
Moruya River | Located near the town of Moruya Heads in the vicinity of the confluence of the Moruya River with the Tasman Sea. |
Narrawallee Inlet | Located near the town of Narrawallee in the vicinity of the confluence of Narrawallee Inlet with the Tasman Sea. |
Pambula River | Located near the town of Pambula Beach in the vicinity of the confluence of the Pambula River with the Tasman Sea. |
Sussex Inlet | Located near Jervis Bay and Cudmirrah National Parks in the vicinity of the confluence of Sussex Inlet with the Tasman Sea. |
Tomaga River | Located near the towns of Mossy Point and Tomakin in the vicinity of the confluence of the Tomaga River with the Tasman Sea. |
Tuross Inlet | Located near the town of Tuross Head in the vicinity of the confluence of Tuross Lake with the Tasman Sea. |
Wagonga Inlet | Located near the town of Narooma in the vicinity of the confluence of the Wagonga Inlet with the Tasman Sea. |
Wonboyn River | Located near the town of Wonboyn in the vicinity of the confluence of the Wonboyn River with the Tasman Sea. |
(Clause 93 (1))
Column 1—Offences | Column 2—Level of penalty |
Section 10 (3) in respect of a contravention of Part B or Part C of Schedule 2 to this Regulation | 2 |
Section 10 (3) in respect of a contravention of Part D of Schedule 2 to this Regulation | 1 |
Section 11 (4) exceed notified speed limit by less than 10 knots where vessel concerned is not a personal watercraft | 1 |
Section 11 (4) exceed notified speed limit by less than 10 knots where vessel concerned is a personal watercraft | 2 |
Section 11 (4) exceed notified speed limit by 10 knots or more where vessel concerned is not a personal watercraft | 2 |
Section 11 (4) exceed notified speed limit by 10 knots or more where vessel concerned is a personal watercraft | 3 |
Section 11 (4) create wash in contravention of notice | 3 |
Section 11 (4) any other contravention of notice | 2 |
Section 12 (6) | 3 |
Section 13 (1) where vessel concerned is a commercial vessel | 5 |
Section 13 (1) where vessel concerned is a recreational vessel | 3 |
Section 13 (2) | 3 |
Section 14, 15, 15A (2) or 16 (2) | 3 |
Section 32 | 1 |
Section 35 (1) or (2) | 3 |
Section 45 (1) or (2), 47 (1), (2) or (3) | 5 |
Section 47 (4) or 51 (1) or (2) | 2 |
5 | |
Section 63 where vessel concerned is not a personal watercraft | 2 |
Section 63 where vessel concerned is a personal watercraft—first offence | 3 |
Section 63 where vessel concerned is a personal watercraft—second offence | 4 |
Section 63 where vessel concerned is a personal watercraft—third and subsequent offence | 5 |
Section 91 (1) | 5 |
Section 91 (2) | 3 |
Section 92 (5) or 97 (4) | 1 |
Section 102 (a) | 3 |
Section 125 (2) | 3 |
Section 125D or 125E (3) | 5 |
Clause 6 (1), (2) or (3) | 3 |
Clause 7 (2), (3) or (4) | 3 |
Clause 8 (1) or (2) | 1 |
Clause 8 (3) or (4) | 2 |
Clause 8A (4) | 2 |
Clause 8B (1) | 2 |
Clause 8B (2) | 2 |
Clause 9 (1) or (3) | 1 |
Clause 9 (2) | 2 |
Clause 10 (1) | 3 |
Clause 11 | 3 |
Clause 12 | 1 |
Clause 13 (1) or (2) | 1 |
Clause 15 | 1 |
Clause 16 | 2 |
Clause 17 | 2 |
Clause 18 (1) or (2) | 2 |
Clause 19 (2), (4) or (5) | 2 |
Clause 21 (1) | 2 |
Clause 21 (2) | 1 |
Clause 21 (4) or (5) | 5 |
Clause 22 (1) or (2) | 3 |
Clause 24 (2), 25 (2) or 26 (2) | 3 |
Clause 26A | 3 |
Clause 28 (1) where vessel concerned in not a personal watercraft | 1 |
Clause 28 (1) where vessel concerned is a personal watercraft | 2 |
Clause 28 (2) | 1 |
Clause 29 (1) where vessel operated is not a personal watercraft | 1 |
Clause 29 (1) where vessel operated is a personal watercraft | 2 |
Clause 29 (2) where vessel operated is not a personal watercraft | 1 |
Clause 29 (2) where vessel operated is a personal watercraft | 2 |
Clause 29 (3) where vessel operated is not a personal watercraft | 1 |
Clause 29 (3) where vessel operated is a personal watercraft | 2 |
Clause 30, 31 or 32 | 1 |
Clause 33 (1) where vessel operated is not a personal watercraft | 2 |
Clause 33 (1) where vessel operated is a personal watercraft | 3 |
Clause 34 | 2 |
Clause 35 or 36 | 1 |
Clause 37 (1) first offence | 3 |
Clause 37 (1) second offence | 4 |
Clause 37 (1) third or subsequent offence | 5 |
Clause 37 (2) | 3 |
Clause 38 (1) or (2) | 2 |
Clause 39 (1) | 3 |
Clause 39 (2) | 2 |
Clause 41 (1) or (7) (a) | 1 |
Clause 41 (7) (b) | 2 |
Clause 41B (1) | 3 |
Clause 41C (1) | 3 |
Clause 41D (1) | 3 |
Clause 41D (2) | 3 |
Clause 41E | 3 |
Clause 45, 48 (2) or (3), 49 or 50 | 3 |
Clause 57, 58 (1) or 59 (2) | 1 |
Clause 64 (2) | 3 |
Clause 65 | 5 |
Clause 66 (1) or (2) or 68 (1), (2) or (5) (a) | 1 |
Clause 66A | 1 |
Clause 68 (5) (b) | 2 |
Clause 69 | 1 |
Clause 71 | 3 |
Clause 72 (1) | 5 |
Clause 79 | 1 |
Clause 80J (1) | 3 |
Clause 80J (2) | 3 |
Clause 80K (1) | 3 |
Clause 80K (2) | 3 |
Clause 84 (1) in respect of one item of equipment or one lifejacket | 1 |
Clause 84 (1) in respect of more than one item of equipment or more than one lifejacket | 2 |
Clause 84 (2) in respect of one item of equipment or one lifejacket | 1 |
Clause 84 (2) in respect of more than one item of equipment or more than one lifejacket | 2 |
Clause 84 (3) in respect of one item of equipment or one lifejacket | 1 |
Clause 84 (3) in respect of more than one item of equipment or more than one lifejacket | 2 |
Clause 84 (4) in respect of one item of equipment or one lifejacket | 1 |
Clause 84 (4) in respect of more than one item of equipment or more than one lifejacket | 2 |
Clause 84 (5) in respect of one item of equipment or one lifejacket | 1 |
Clause 84 (5) in respect of more than one item of equipment or more than one lifejacket | 2 |
Clause 84 (6) in respect of equipment (other than where more than one lifejacket involved) | 1 |
Clause 84 (6) where more than one lifejacket involved | 2 |
Clause 84 (7) or (7A) | 1 |
Clause 84 (9) | 2 |
Clause 85 (1) or (2) | 1 |
Clause 86 (1) or (4) or 87 (1) or (2) | 2 |
Clause 87A (2) or clauses 87B–87G | 1 |
Clause 88 | 1 |
Clause 90 (2) | 1 |
Clause 90 (3) | 3 |
Clause 91 | 2 |
Clause 91B (3) | 5 |
Clause 95 |
3 |
(Clause 93 (1A))
Column 1—Offences | Column 2—Level of penalty for natural persons | Column 3—Level of penalty for corporations |
Section 15 (1) | 6 | 6 |
Section 16 (1) | 6 | - |
Section 16 (2) | 6 | 6 |
Section 17 | 6 | 6 |
Section 26 (1) | 6 | 6 |
Section 27 (1) | 4 | 5 |
Section 28 | 4 | 5 |
Section 29 (1) | 6 | 6 |
Section 30 (1) | 6 | - |
Section 30 (2) | 6 | 6 |
Section 31 | 6 | 6 |
Section 43 (1) | 2 | 3 |
Section 44 | 2 | 3 |
Section 45 (1) | 5 | 6 |
Section 46 (1) | 5 | - |
Section 46 (2) | 5 | 6 |
Section 47 | 5 | 6 |
Section 53 (1) | 5 | 6 |
Section 54 (1) | 5 | - |
Section 54 (2) | 5 | 6 |
Section 55 | 5 | 6 |
Section 60 (1) | 5 | 6 |
Section 61 (1) | 5 | - |
Section 61 (2) | 5 | 6 |
Section 62 | 5 | 6 |
Section 68 (1) or (2) | 5 | 6 |
Section 69 (1) or (2) | 5 | 6 |
Section 70 (1) or (2) | 5 | 6 |
Section 71 (1) or (2) | 5 | 6 |
Section 72 (2) | 5 | 6 |
Section 73 | 5 | 6 |
Section 74 (1) or (2) | 5 | 5 |
Section 78 (1) | 4 | 4 |
Section 79 | 4 | 4 |
Section 80 | 4 | 5 |
Section 81 | 4 | 5 |
Section 82 | 4 | 4 |
Section 87 (1) | 6 | - |
Section 88 | 6 | - |
Section 89 | 6 | - |
Section 90 (1) or (2) | 6 | 6 |
Section 91 (1) | 6 | 6 |
Section 92 (1) or (2) | 6 | 6 |
Section 93 | 6 | 6 |
Section 95 (1) | 5 | 5 |
Section 100 (1) | 5 | 5 |
Section 104 | 4 | 4 |
Section 107 (1) | 4 | 4 |
Section 110 (1) | 4 | 4 |
Section 113 (1) | 5 | 6 |
Section 116 | 4 | - |
Section 117 (1) or (2) | 4 | - |
Section 119 | 4 | - |
Section 120 | 4 | 5 |
Section 121 (1) or (2) | 4 | 5 |
Section 122 | 4 | - |
Section 124 | 4 | 5 |
Section 127 | 4 | - |
Section 128 (1) or (2) | 4 | - |
Section 130 | 4 | - |
Section 131 | 4 | 5 |
Section 132 (1) or (2) | 4 | 5 |
Section 133 | 3 | - |
Section 135 (1) | 3 | 4 |
Section 136 | 3 | 4 |
Section 140 | 3 | - |
Section 141 (1) or (2) | 4 | - |
Section 143 | 4 | - |
Section 144 | 3 | 4 |
Section 145 (1) or (2) | 3 | 4 |
Section 146 | 3 | - |
Section 150 (1) | 4 | - |
Section 150 (2) | 4 | 5 |
Section 150 (3) | 1 | 1 |
Section 151 (1) | 4 | - |
Section 151 (2) | 4 | 5 |
Section 151 (3) | 1 | 1 |
Section 152 (1) | 4 | - |
Section 152 (2) | 4 | 5 |
Section 152 (3) | 1 | 1 |
Section 157 | 1 | 2 |
Section 158 | 1 | 2 |
Section 160 | 2 | 3 |
Section 161 (1) | 2 | 3 |
Section 163 | 2 | 3 |
Section 164 | 2 | 3 |
Section 172 (1) | 5 | 6 |
Section 174 (1) | 5 | 6 |
Section 175 | 5 | 6 |
Section 177 (1) | 5 | 6 |
Section 181 | 6 | 6 |
Section 187 (1) | 5 | 6 |
Section 193 (4) | 5 | 6 |
Section 195 (5) | 5 | 5 |
Section 198 | 5 | 6 |
Section 200 (5) | 5 | 5 |
Section 202 | 5 | 6 |
Section 209 (1) | 5 | 6 |
Section 222 (1) | 5 | 6 |
Section 231 (b) | 5 | 5 |
Clause 7 (2) | 2 | - |
Clause 10 (2) | 2 | - |
Clause 14 (1) or (2) | 5 | 6 |
Clause 15 (2) or (3) | 5 | 6 |
Clause 16 | 5 | 6 |
Clause 17 | 5 | 6 |
Clause 18 | 4 | 5 |
Clause 30 | 5 | 6 |
Clause 32 | 5 | 6 |
Clause 34 (1) | 5 | 6 |
Clause 35 | 5 | 6 |
Clause 36 (1) or (2) | 5 | 6 |
Clause 37 (3) | 5 | 6 |
Clause 39 (2) | 5 | 6 |
Clause 45 (1) | 5 | - |
Clause 46 (1) | 5 | - |
Clause 47 (1) | 5 | - |
Clause 48 (1) or (2) | 5 | 6 |
Clause 49 (1) | 5 | 6 |
Clause 50 (1) or (2) | 5 | 6 |
Clause 51 | 5 | 6 |
In this Schedule:
A reference in clause 37 (4) to an offence committed under subclause (1) includes a reference to an offence committed under Regulation 15AAA (1) of the former Water Traffic Regulations.
A disqualification under Regulation 15AAA (5) or 15E (4) of the former Water Traffic Regulations is taken to continue to have effect in relation to a licence issued or taken to have been issued under this Regulation.
A reference in clause 37 (7) (b) to section 126 of the Act includes a reference to section 30D of the Maritime Services Act 1935.
A reference in clause 80 (1) to an offence committed under section 63 of the Act includes a reference to an offence committed under regulation 15E (1) of the former Water Traffic Regulations.
A reference, in any provision of the Act that has commenced and in clause 80 of this Regulation, to a marine safety licence includes, until such time as the whole of Part 4 of the Act commences, a reference to a registration, licence, certificate or other authority in force under any Act or regulation specified in Schedule 2 to the Act.
(Repealed)
Despite the definition of
(Repealed)
On and from the commencement of this clause, a reference in:
(a) the definition of
boat in clause 3 (1) of the Registration of Interests in Goods Regulation 2004 to a registrable vessel within the meaning of the Water Traffic Regulations—N.S.W. that is registered under those Regulations is to be read as a reference to a registrable vessel within the meaning of the Marine Safety Act 1998 that is registered under that Act, and(b) the definition of
hull identification number in clause 8 of the Registration of Interests in Goods Regulation 2004 to the Water Traffic Regulations—N.S.W. is to be read as a reference to this Regulation, and(c) the definition of
registration number in clause 8 of the Registration of Interests in Goods Regulation 2004 to the Water Traffic Regulations—N.S.W. is to be read as a reference to the Marine Safety Act 1998, and(d) the definition of
tender in clause 7A (2) of the Threatened Species Conservation Regulation 2002 to the Boating (Safety Equipment) Regulation—N.S.W. is to be read as a reference to this Regulation.(e), (f) (Repealed)
Until 30 March 2010, a vessel exempt from the requirements of clauses 6, 7 and 8 of the Boating (Safety Equipment) Regulation—N.S.W. by a direction pursuant to section 38 (4A) of the Maritime Services Act 1935 and published in the Gazette on 17 September 1999 (at page 9075) is exempt from the provisions of Part 5 of this Regulation, but only while the vessel is being operated in accordance with the conditions set out in that direction.
Any act, matter or thing that, immediately before the repeal of the former Water Traffic Regulations, had effect under those Regulations continues to have effect under this Regulation.
A form of evidence certificate that was prepared in accordance with former clause 27 (6) or 29 (3) of Schedule 1 to the Act before the relevant day so that it could be used under that subclause when completed:
(a) is taken to be, and is to be construed as, a form of evidence certificate prepared in accordance with new clause 27 (6) or 29 (3) of Schedule 1 to the Act, and
(b) may, during the transitional period, be completed in accordance with and used under that subclause.
In this clause:
0
0
0