Maritime Services (Miscellaneous Amendments) Regulation 2003 (NSW)
2003 No 347
New South Wales
Maritime Services (Miscellaneous
Amendments) Regulation 2003
under the
Maritime Services Act 1935
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Maritime Services Act 1935.
MICHAEL COSTA, M.L.C.,
Minister for Transport Services
Explanatory note
The object of this Regulation is to amend the Management of Waters and Waterside
Lands Regulations—N.S.W.:
| (a) | to create an offence of climbing on to or attaching oneself to a vessel in navigable waters without lawful authority or of assisting someone else to do so, and |
| (b) | to create an offence of coming within a specified distance from a naval vessel in navigable waters (with specified exceptions), and |
| (c) | to enable penalty notices to be issued for those new offences and for certain other offences involving causing nuisance or danger to persons or vessels in navigable waters, failing to comply with certain directions or obstructing persons in carrying out their functions under the marine legislation. |
The Regulation also amends the Water Traffic Regulations—N.S.W. to enable penalty notices to be issued for certain other offences involving dangerous navigation of a vessel in navigable waters or causing annoyance, nuisance or danger to persons or vessels in navigable waters.
This Regulation is made under the Maritime Services Act 1935, including sections 30D and 38 (the general regulation-making power).
| Published in Gazette No 100 of 19 June 2003, page 5769 | Page 1 |
| 2003 No 347 | |
| Clause 1 | Maritime Services (Miscellaneous Amendments) Regulation 2003 |
Maritime Services (Miscellaneous Amendments)
Regulation 2003
under the
Maritime Services Act 1935
1 Name of Regulation
This Regulation is the Maritime Services (Miscellaneous
Amendments) Regulation 2003.
2 Amendment of Management of Waters and Waterside Lands Regulations—N.S.W.
The Management of Waters and Waterside Lands Regulations—
N.S.W. are amended as set out in Schedule 1.
3 Amendment of Water Traffic Regulations—N.S.W.
The Water Traffic Regulations—N.S.W. are amended as set out in
Schedule 2.
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Maritime Services (Miscellaneous Amendments) Regulation 2003
| Amendment of Management of Waters and Waterside Lands Regulations— | Schedule 1 | |
| N.S.W. | ||
| Schedule 1 | Amendment of Management of Waters and | |
|
[1] Regulation 4 Definitions
Insert in alphabetical order:
naval vessel means a vessel used by an arm of the Defence Force of Australia or by the naval, military or air forces of a country other than Australia.
[2] Regulation 8 Security of navigation aids, vessels and installations
Insert after Regulation 8 (1):
(1A) A person must not, without lawful authority:
(a) climb on to or attach oneself to a vessel in navigable waters, or (b) assist any person to climb on to or attach himself or herself to any vessel in navigable waters. [3] Regulation 8 (2A)
Insert after Regulation 8 (2):
(2A) Despite clause (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. [4] Regulation 8 (4)
Insert after Regulation 8 (3):
(4) Clause (2A) does not apply to a person on board any of the
following vessels:
(a)
a vessel that has the consent of the master of the naval vessel concerned to be closer than the distances specified in that clause,
(b)
a vessel operated by the State Transit Authority for the carriage of passengers that is on its usual route or timetable for the day,
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Maritime Services (Miscellaneous Amendments) Regulation 2003
| Schedule 1 | Amendment of Management of Waters and Waterside Lands Regulations— N.S.W. |
(c) a vessel that is compelled by circumstances to be closer than the distances specified in that clause.
[5] The Fifth Schedule
Omit the heading. Insert instead “The Fifth Schedule—Penalty notice offences and penalties under these Regulations”.
[6] The Fifth Schedule
Insert in appropriate order in the Columns in the Schedule:
7 (2) 550 8 (1A): (a) where the vessel concerned is a naval vessel
or a seagoing vessel 1,500 (b)
in any other case 550
8 (2A) 1,500 14 (1): (a) where the offence involves causing annoyance,
nuisance or danger to a person on board a naval vessel or a seagoing vessel
or involves causing danger
to such a vessel 1,500 (b)
in any other case 550
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Maritime Services (Miscellaneous Amendments) Regulation 2003
| Amendment of Management of Waters and Waterside Lands Regulations— | Schedule 1 |
| N.S.W. |
14 (2):
(a) where the offence involves causing annoyance,
nuisance or danger to a person on board a naval vessel or a seagoing vessel
or involves causing danger
to such a vessel 1,500 (b)
in any other case 550 15 550
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Maritime Services (Miscellaneous Amendments) Regulation 2003
| Schedule 2 | Amendment of Water Traffic Regulations—N.S.W. |
| Schedule 2 | Amendment of Water Traffic Regulations— N.S.W. |
(Clause 3)
[1] Regulation 2 Definitions
Insert in alphabetical order:
naval vessel means a vessel used by an arm of the Defence Force of Australia or by the naval, military or air forces of a country other than Australia.
[2] Regulation 20 Application of section 30D of the Maritime Services Act 1935
Omit “the Second Schedule” wherever occurring in Regulation 20 (3) and (4).
Insert instead “Schedule 2”.
[3] Schedule 2 Prescribed offences and penalties for the purposes of section 30D of the Maritime Services Act 1935
Insert in appropriate order in the Columns in the Schedule:
3 (1):
• where the offence involves 1,500 causing, or the likelihood
of causing, injury,
annoyance, nuisance or
danger to a person on
board a naval vessel or a
seagoing vessel or
involves causing, or the
likelihood of causing,
danger or damage to such a
vessel• in any other case 550
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Maritime Services (Miscellaneous Amendments) Regulation 2003
| Amendment of Water Traffic Regulations—N.S.W. | Schedule 2 |
5:
• where the offence involves 1,500 causing annoyance,
nuisance or danger to a
person on board a naval
vessel or a seagoing vessel
or involves causing danger
to such a vessel• in any other case 550
BY AUTHORITY
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