Navigable Waters Amendment Regulations (No. 2) 1993 (WA)

6912	GOVERNMENT GAZETTE, WA	[31 December 1993
TR303

SHIPPING AND PILOTAGE ACT 1967

JETTIES ACT 1926

WESTERN AUSTRALIAN MARINE ACT 1982

NAVIGABLE WATERS AMENDMENT REGULATIONS (NO. 2) 1993

Made by His Excellency the Governor in Executive Council.

Citation

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

Regulations (No. 2) 1993.

Commencement

2. These regulations come into operation on 1 March 1994.

Principal regulations

3. In these regulations the Navigable Waters Regulations* are referred to

as the principal regulations.

(* Reprinted as at 8 November 1989.

For amendments to 7 December 1993 see 1992 Index to Legislation of Western Australia, Table 4, pp. 243-4, and Gazette of 29 June 1993.)

Regulation 49A repealed and a regulation substituted

4. Regulation 49A of the principal regulations is repealed and the following

regulation is substituted —

CC

Minimum age for drivers and operators of motor boats

49A. (1) Subject to subreg-ulations (2), (3) and (4) —

(a) a person under the age of 17 years must not drive or
operate a motor boat;

31 December 19931 GOVERNMENT GAZETTE, WA 6913

(b)	the owner or person having the control of a motor boat must not knowingly permit or suffer the motor boat to be driven or operated by a person under the age of 17 years otherwise than in accordance with this regulation.
(2)	A person who is under the age of 17years but not under
Proficiency in the Operation of Pleasure Vessels, issued under	the age of 14 years, who holds a current and valid Certificate of
regulation 27A of the WA. Marine (Certificates of Competency
and Safety Manning) Regulations 1983, may drive or operate a motor boat.
or operate a motor boat with a motor not exceeding 4.5 kilowatts (3) A person who is not under the age of 10 years may drive
brakepower.
provided that if the person is under the age of 17 years and does (4) A person of any age may drive or operate a motor boat
not hold a certificate referred to in subregulation (2), he or she is under the direct supervision of an adult.
An owner and any person who contravenes this regulation commits an offence.	to

(5)

Regulation 51D inserted

5.     After regulation 51C of the principal regulations the following regulation

is inserted -

Certain vessels to be equipped with bilge pumps

51D. (1) The owner of a vessel of 7 metres length or over	must ensure that the vessel is fitted with an efficient and
operational bilge pump.
(2)	A pump referred to in subregulation (1) must -
(a)	have the capacity to pump not less than 4 kilolitres per hour; and
(b)	if it is automatic or electric, be wired so that an

indicator shows when the pump is working.

The owner of a vessel of under 7 metres length which is

not fitted with a bilge pump must ensure that the vessel carries a
bucket or bailer.

(3)

(4) An owner who contravenes this regulation commits an

offence. ,,

Regulation 52 amended

6. Regulation 52 of the principal regulations is amended by deleting

paragraph (a) and substituting the following paragraph -

it

(a) any vessel fitted with an inboard engine;

Regulation 52B amended

7.     Regulation 52B of the principal regulations is amended -

(a) subregulations - by repealing subregulation (1) and substituting the following

1.

The owner of a vessel must ensure that the vessel, while being navigated outside protected waters, is equipped with the following distress signals -

(1)

6914 GOVERNMENT GAZETTE, WA {31 December 1993

(a)

not less than -

(i)	2 red hand held flares; or
(ii)	2 parachute distress rockets;

and

(b)

not less than -

(i)	2 hand held orange smoke signals; or
(ii)	one orange smoke canister.

(la) The owner of a vessel thatproceeds more than 5 nautical miles from the mainland, or more than one nautical mile from an island situated more than 5 nautical miles from the mainland must ensure that the vessel is equipped with the following distress signals -

(a) not less than 2 parachute distress

rockets; and

(b)	not less than -
(i) 2 hand held orange smoke signals;

or

(ii)      one orange smoke canister.

and

(b) by inserting after subregulation (2) the following

subregulation -

'I

(3) An owner who contravenes this regulation

commits an offence. ,,

Regulations 52BAA and 52BAB inserted

8. After regulation 52B of the principal regulations the following

regulations are inserted -

'C

Certain vessels must be equipped with a marine transceiver

52BAA. (1) The owner of a vessel that proceeds more than 5 nautical miles from the mainland or more than one nautical mile	from an island situated more than 5 nautical miles from the
mainland, must ensure that the vessel is equipped with a marine transceiver approved by the Spectrum Management Authority of the Commonwealth.
in subregulation (1) must, when not used for other transmission, (2)
Whilst the vessel is underway the transceiver referred to remain switched on and tuned to the emergency distress calling
frequency or the working frequency of the shore station with which the vessel is logged on.
offence. (3) An owner who contravenes this regulation commits an
Certain vessels must carry Electronic Position Indicating Radio Beacons
30 nautical miles from the mainland or more than one nautical 52BAB. (1) The owner of a vessel which proceeds more than
mile from an island situated more than 30 nautical miles from the mainland, must ensure that the vessel is equipped with an Electronic Position Indicating Radio Beacon approved by the Spectrum Management Authority of the Commonwealth.

31 December 1993] GOVERNMENT GAZEITh, WA 6915

(2) An owner who contravenes this regulation commits an

offence.

Regulation 52BA amended

9.   Regulation 52BA of the principal regulations is amended —

(a) in subregulation (1) by deleting "52, 52A and 52B" and substituting the following —
"	51D, 52, 52A, 52B, 52BAA, 52BAB and 52G	"; and

(b) in subregulation (3) by deleting "52, 52A, 52B and 52C" and

substituting the following —

fl.

" 51D, 52, 52A, 52B, 52BAA, 52BAB, 52C and 52G

Regulation 52G repealed and a regulation substituted

10. Regulation 52G of the principal regulations is repealed and the

following regulation is substituted —

<4

Navigation lights

52G. (1) The owner of a vessel must ensure that the vessel, while operating between sunset and sunrise, displays the navigation lights prescribed under the Prevention of Collisions at Sea Regulations 1983.

(2) An owner who contravenes this regulation commits an

offence. IP

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.