Navigable Waters Amendment Regulations 2002 (WA)
| 752 | GOVERNMENT GAZETTE, WA | 11 March 2003 |
TR302*
Shipping and Pilotage Act 1967
Jetties Act 1926
Western Australian Marine Act 1982
Navigable Waters Amendment Regulations 2002
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Navigable Waters
Amendment Regulations 2002.2. The regulations amended
The amendments in these regulations are to the Navigable
Waters Regulations*.[* Reprinted as at 3 March 2000. For amendments to 14 June 2002 see 2001 Index to
Legislation of Western Australia, Table 4, p. 310.]
3. Regulation 2 amended
Regulation 2 is amended by deleting the definition of “diving
operations” and inserting the following definition instead —
““diving” means diving using compressed gas for
breathing by means of either surface supplied
breathing apparatus or self-contained underwaterbreathing apparatus;
”.
4. Regulation 19C amended
(1) Regulation 19C(1) is amended as follows:
(a) by deleting “The” and inserting instead — “ Except as provided by subregulation (3), the ”; (b) by deleting “that is engaged in diving operations shall,” “ from which a person is diving must, ”;
(c)
by deleting “so engaged,” and inserting instead — “ being so used, ”.
11 March 2003 GOVERNMENT GAZETTE, WA 753
(2) Regulation 19C(2) is repealed and the following subregulation
is inserted instead —“
(2) The International Code Flag “A” referred to in
subregulation (1) must be —
(a)
a flag of size 6 of the International Flag Code; or
(b)
not less than 750 millimetres in length and not less than 600 millimetres in width.
”.
(3) Regulation 19C(3) is amended as follows:
(a)
by deleting “that is engaged in diving operations during the hours of darkness shall” and inserting instead —
“
from which a person is diving during the hours of
darkness must
”;
(b)
by deleting “where they can best be seen,” and inserting instead —
“
and so as to be clearly visible to all approaching
vessels at all times,
”;
(c) by deleting “2 miles)” and inserting instead — “ 200 metres) ”; (d) by deleting “shall” in the second and third places where “ must ”.
5. Regulation 19D replaced
Regulation 19D is repealed and the following regulation is inserted instead —
“
19D. Person to display certain signals when diving
otherwise than from vessel(1)
A person who is diving otherwise than from a vessel must ensure that there is displayed at the place where he or she is diving, so as to be clearly visible to all
approaching vessels at all times —
(a) the International Code Flag “A”; or (b)
if diving is taking place during the hours of darkness, a yellow or orange flashing light with a visibility of not less than 200 metres.
| 754 | GOVERNMENT GAZETTE, WA | 11 March 2003 |
(2) The International Code Flag “A” referred to in
subregulation (1) must be —
(a) if displayed from a buoy, not less than 200 millimetres in width; or
(b) if otherwise displayed — (i) a flag of size 6 of the International Flag Code; or
(ii) not less than 750 millimetres in length and not less than 600 millimetres in width.
”.
6. Regulation 19E amended
(1) Regulation 19E(1) is amended as follows:
(a)
by deleting “personal buoy” and inserting instead — “ place ”;
(b) by deleting “shall” and inserting instead — “
or, during the hours of darkness, the appropriate signal
must
”;
(c) by deleting “such buoy” in both places where it occurs “ that place ”;
(d)
by deleting “of the buoy or vessel displaying the flag.” and inserting instead —
“
of the place or vessel displaying the flag or the
appropriate signal.
”.
(2) Regulation 19E(2) is amended as follows:
(a)
by deleting “personal buoy” and inserting instead — “ place ”;
(b) after “Flag “A” ” by inserting — “
or the appropriate signal during the hours of darkness
”.
(3) Regulation 19E(3) is amended by deleting “personal buoy” and
inserting instead —“ place ”.
11 March 2003 GOVERNMENT GAZETTE, WA 755
(4) After regulation 19E(3) the following subregulation is
inserted —“
(4) In this regulation —
“appropriate signal” means, as the case requires —
(a)
the 3 all round lights referred to in regulation 19C(3); or
(b)
the yellow or orange flashing light referred to in regulation 19D(1)(b).
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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