Navigable Waters Amendment Regulations (No. 2) 1990 (WA)

3 August 1990] GOVERNMENT GAZETTE, WA 3753

WESTERN AUSTRALIAN MARINE ACT 1982; JETTIES ACT 1926:
SHIPPING AND PILOTAGE ACT 1967
NAVIGABLE WATERS AMENDMENT REGULATIONS (No. 2) 1990

Made by His Excellency the Lieutenant-Governor and Administrator in Execu- tive Council.

Citation

1. These regulations may be cited as the Navigable Waters Amendment

Regulations (No. 2) 1990.

Principal regulations
2. In these regulations the Navigable Waters Regulations* are referred to as
the principal regulations.

[*Reprinted in the Gazette on 21 December 1981 at pp. 5283-5306. For amendments to 3 April 1990 see pp. 358-359 of Index to Legislation of Western Australia and the Gazettes of 13 January, 30 June and 25 August 1989.1

Regulation 3A inserted
3. The principal regulations are amended by inserting after regulation 3 the

following regulation—

When emergency vessels exempt

It

3A. A provision of these regulations does not apply to a vessel if it—

(a) has been declared to be an emergency vessel under regulation

19H;

(b) is being used as an emergency vessel in accordance with the

terms of that declaration; and

(c) the provision is one from which the vessel is exempt under

regulation 19H (2) (b). ".

Regulations 19H and 191 inserted
4. The principal regulations are amended by inserting after regulation 19G the

following regulations—

Declaration of emergency vessel
19H. (1) The General Manager may, by notice published in the Govern-
ment Gazette, declare a specific vessel to be an emergency vessel for the

purposes of these regulations.

(2) A declaration under subregulation (1) may specify—

(a) the areas within which the vessel may operate as an emergency

vessel;

(b) that these regulations, or specified provisions of these regula-

tions, do not apply, in any circumstances or in specified circum- stances, to that vessel while it. is being used as an emergency vessel;

(c) when a lamp displaying intermittent blue flashes may be used

on that vessel;

By His Excellency's Command, G. PEARCE, Clerk of the Council.

(d) the persons entitled to operate the vessel under emergency

conditions; and

such other matters as the General Manager considers expedient. (3) The General Manager may amend or revoke a declaration made under subregulation (1) by the publication of a subsequent notice in the Government Gazette.

(e)

Flashing blue lamps
191. (1) A person shall not fit to a vessel a lamp that is capable of
intermittent blue flashes unless that vessel has been declared to be an
emergency vessel under regulation 19H.

Penalty: $200.

(2) A person shall not cause a lamp displaying intermittent blue flashes

to be used on a vessel unless—

(a) that vessel has been declared to be an emergency vessel under

regulation 19H; and

(b) the lamp is used in accordance with the terms of that declara-

tion.

Penalty: $200. ".