Maritime Services Act 1935 Management of Waters and Waterside Lands Amendment (Penalty Notices Offences) Regulation 1996 (1996-357) [GG No 91 of 2.8.1996] (NSW)

1996 No 357

New South Wales

Management of Waters and

Waterside Lands Amendment

(Penalty Notice Offences) Regulation

1996

under the

Maritime Services Act 1935

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Maritime Services Act 1935.

CARL SCULLY

Minister for Ports

Explanatory note

The object of this Regulation is to enable authorised officers to issue penalty notices to owners and masters of vessels for offences relating to the failure to exhibit lights in accordance with the Navigation (Collisions) Regulations 1983. The penalty payable for such offences if they are dealt with by issue of a penalty notice is $100.

This Regulation is made under section 30D of the Maritime Services Act

1935 (Penalty notices for certain offences).

Published in Gazette No 91 of 2 August 1996, page 4461 Page 1

1996 No 357

Clause 1 Management of Waters and Waterside hands Amendment (Penalty Notice Offences) Regulation 1996

Management of Waters and Waterside Lands
Amendment (Penalty Notice Offences)

Regulation 1996

1 Name of Regulation

This Regulation is the Management of Waters and Waterside Lands Amendment (Penalty Notice Offences) Regulation 1996.

2 Commencement

This Regulation commences on 2 August 1996.

3     Amendment of Management of Waters and Waterside Lands Regulations-NSW.

The Management of Waters and Waterside Lands Regulations-

N.S.W are amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Schedule 1 Amendment of Management of Waters
and Waterside Lands Regulations—
N.S.W.

(Clause 3)

[1] Clause 121

Insert after clause 120:

121 Application of section 30D—prescribed offences under

the Navigation (Collision) Regulations 1983

(1)

For the purposes of section 30D of the Act:

(a) an offence under section 1 13 of the Navigation Act 1901, being an offence arising under a provision of the Navigation (Collision) Regulations 1983 specified in Column 1 of the Seventh Schedule that is committed by the owner or master of a vessel referred to in section 30D (1) (d) of the Maritime Services Act 1935 and that relates to a failure to exhibit lights in accordance with those Regulations, is a prescribed offence, and

1996 No 357

Management of Waters and Waterside Lands Amendment (Penalty Notice Offences) Regulation 1936

Amendment of Management of Waters and Waterside Lands Regulations—N.S.W. Schedule 1

(b)	the amount shown in Column 2 of the Seventh Schedule opposite the provision of the Navigation (Collision) Regulations 1983 specified in Column 1 of that Schedule is the amount of penalty prescribed for an offence arising under the provision if dealt with under section 30D of the Maritime Services Act 1935, and
(c)	any officer who is authorised by the Minister to be a prescribed officer for the purposes of that section is a prescribed officer.
(2)	In this Regulation: officer means a delegate of the Minister or an officer of such a delegate or any person authorised, by the Crown or by a statutory authority or by the trustees or other persons in charge of any area used for public recreation, to supervise the activities of the public.

[2]         Seventh Schedule

Insert after the Sixth Schedule:

Seventh Schedule Prescribed offences and
penalties for the purposes of
section 30D (offences under the
Navigation Act 1901)

(Clause 121)

Column 1 Column 2

Navigation (Collision) Regulations 1983	Penalty
All offences arising under:	$
Schedule 1. Rule 23	100
Schedule 1, Rule 24	100
Schedule 1, Rule 25	100
Schedule 1, Rule 26	100
Schedule 1, Rule 27	100
Schedule 1. Rule 29	100
Schedule 1, Rule 30	100

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