Maritime Services Act 1935 Water Traffic Amendment (Major Events) Regulation 1998 (1998-538) [GG No 132 of 11.9.1998, p 7371] (NSW)

New South Wales

under the

aritime Services

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

1935.

KIM YEADON, M.P.,
Minister for Ports

The Water Traffic Regulations-NSW currently provide that an aquatic licence that is issued by the Minister for the use of navigable waters for an aquatic event operates to exclude recreational vessels but not commercial vessels from those waters during that event.

The object of this Regulation is to extend the exclusion of vessels from waters the subject of a licence to commercial vessels during certain Olympic competition and test events and other major aquatic events. However, the exclusion of commercial vessels does not apply to vessels under pilotage unless, in relation to Olympic competition and test events. the harbour master approves the exclusion of those vessels.

The Regulation also makes other minor amendments. section 38 (the general regulation-making power). in particular section 38

(2) (b).

Published in Gazette No 132 of 11 September 1998, page 7371 Page 1

1998 No 538

Clause 1 Water Traffic Amendment (Major Events) Regulation 1998

ame of Regulation

This Regulation is the Water Traffic Amendment (Major Events)

Regulation 1998.

2 Amendment of Water Traffic Regulations-NSW

The Water Traffic Regulations-NSW are amended as set out in

Schedule 1.

The explanatory note does not form part of this Regulation.

Water Traffic Amendment (Major Events) Regulation 1998

Amendments Schedule 1

(Clause 2)

Omit regulation 9 (3) (c).

Insert instead:

(c) any vessel specially authorised by the Minister that operates in accordance with the terms of that authority.

Insert after regulation 9 (3):

(4)

Despite clause (3), but subject to clause (5), this regulation applies to a person who navigates a vessel as referred to in clause (3) (a) or (b) if:

(a)	the aquatic licence relates to a major event, and
(b)	the aquatic licence provides that the exclusive rights conferred by the licence extend to that person, and
(c)	the notice published under clause (2) states that i t extends to that person.

(5)

This regulation does not apply to a person who navigates a vessel under compulsory pilotage under Part 6 of the Ports Corporation and Waterways Management Act 1995, or a vessel that would be required to be under compulsory pilotage but for the fact that the master of

that vessel is the holder of a pilotage exemption

certificate under the Marine Pilotage Licensing Act 1971

in relation to that vessel, unless:

(a) the activity to which the aquatic licence relates is a 2000 Olympics aquatic event, or an aquatic event that SOCOG declares to be a test event for the 2000 Olympics, and

1998 No 53

Water Traffic Amendment (Major Events) Regulation 1998

Schedule 1 Amendments

(b) the harbour master for the port concerned has given written approval to the notice referred to in clause (2) in relation to the application of the notice to such vessels prior to the notice being published.

(6)

In this regulation:

major event means:

(a)	a 2000 Olympics aquatic event, or
(b)	an aquatic event that SOCOG declares to be a test event for the 2000 Olympics, or
(c)	the Sydney to Hobart yacht race, or
(d)	any other similar aquatic event the Minister declares to be a major event for the purposes of this definition.

SOCOG means the Sydney Organising Committee for the Olympic Games constituted by the Sydney Organising Committee for the Olympic Games Act 1993.