Navigable Waters Amendment Regulations (No. 2) 2005 (WA)
10 February 2006 GOVERNMENT GAZETTE, WA 667 MX302*
Shipping and Pilotage Act 1967
Jetties Act 1926
Western Australian Marine Act 1982
Navigable Waters Amendment
Regulations (No. 2) 2005
Made by the Lieutenant-Governor and Administrator in Executive
Council.1. Citation
These regulations are the Navigable Waters Amendment
Regulations (No. 2) 2005.2. The regulations amended
The amendments in these regulations are to the Navigable
Waters Regulations*.[* Reprint 11 as at 21 March 2003. For amendments to 6 October 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 375, and Gazette 24 June 2005.] 3. Regulation 1 amended
Regulation 1 is amended by inserting after "Regulations" -
" 19584. Regulation 3 amended
Regulation 3(2) is amended by deleting '5 I B,'.
purpose of regulation 47C(2)(a);
5. Regulations 47 to 471 inserted After regulation 46 the following regulations are inserted
" 47. Interpretation for regulations 47 to 471
(1) In regulations 47 to 471 -
"CEO" means the chief executive officer of the
department;
"examiner" means a person or body approved for the
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"foreign skipper's ticket" means an equivalent of a
recreational skipper's ticket granted outside the CEO's opinion, require a person to meet or exceed the recreational skipper's competency requirements;
[Note: "owner" is defined in regulation 2 to include the master or
person in charge of a vessel.]"recreational skipper's ticket" means a ticket granted
by the CEO under regulation 47C;
"RST vessel" means a vessel that -
(a)
is a registrable vessel for the purposes of Part VA; and
(b)
is propelled by motored power that exceeds 4.5 kilowatts.
(2) For the purposes of regulations 47 to 471 a person
meets the recreational skipper's competency
requirements if he or she has knowledge of, and is able
to demonstrate, the minimum competencies set out in
the Guidelines for Recreational Boat Operator
Competencies published by the National Marine Safety
Committee in 2000.(3) For the purposes of regulation 47 to 471, an applicant
for a recreational skipper's ticket is taken to have
lodged an application if he or she has -
(a) lodged an application with the CEO; or (b) given a completed application to the examiner regulation 47C(3)(c)(ii).
47AA. Who may drive motor boat - before 1 April 2007
(1) This regulation ceases to apply on 1 April 2007.
(2) A person who is under 10 years of age must not drive a
motor boat.(3)
A person who is at least 10, but under 16, years of age must not drive an RST vessel unless he or she is under the direct supervision of a person who is at least
18 years of age. (4) The owner of an RST vessel must not knowingly
permit it to be driven in contravention of
subregulation (2) or (3).(5) A person who contravenes this regulation commits an
offence.
10 February 2006 GOVERNMENT GAZETTE, WA 669
47AB. Who may drive motor boat - 1 April 2007 to 31 March 2008
(1) This regulation applies on and after 1 April 2007 and
ceases to apply on 1 April 2008.
(2) A person who is under 10 years of age must not drive a
motor boat.
(3) A person who is at least 10, but under 14, years of age must not drive an RST vessel unless he or she is under the direct supervision of a person -
(a) who is at least 25 years of age; or (b)
who is at least 18, but under 25, years of age and holds a recreational skipper's ticket.
(4) A person who is at least 14, but under 16, years of age
must not drive an RST vessel unless he or she -
(a) holds a recreational skipper's ticket and is
driving the vessel -
(i) at a speed not exceeding 8 knots; and
(ii) between sunrise and sunset;
or
(b) is under the direct supervision of a person -
(i) who is at least 25 years of age; or
(ii) who is at least 18, but under 25, years of age and holds a recreational skipper's ticket.
(5) A person who is at least 16, but under 25, years of age
must not drive an RST vessel unless he or she -
(a) holds a recreational skipper's ticket; or (b) is under the direct supervision of a person -
(i) who is at least 25 years of age; or (ii) who is at least 18, but under 25, years of age and holds a recreational skipper's ticket.
(6) The owner of an RST vessel must not knowingly
permit it to be driven in contravention of
subregulations (2) to (5).
(7) A person who contravenes this regulation commits an
offence.
47A. Who may drive motor boat - from 1 April 2008 (1) This regulation applies on and after 1 April 2008.
(2) A person who is under 10 years of age must not drive a
motor boat.
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(3) A person who is at least 10, but under 14, years of age must not drive an RST vessel unless he or she is under the direct supervision of a person who holds a
recreational skipper's ticket and is at least 18 years of
age.
(4) A person who is at least 14, but under 16, years of age
must not drive an RST vessel unless he or she -
(a) holds a recreational skipper's ticket and is
driving the vessel -
(i) at a speed not exceeding 8 knots; and
(ii) between sunrise and sunset;
or
(b) is under the direct supervision of a person who
holds a recreational skipper's ticket and is at
least 18 years of age.
(5) A person who is at least 16 years of age must not drive
an RST vessel unless he or she -
(a) holds a recreational skipper's ticket; or (b)
is under the direct supervision of a person who holds a recreational skipper's ticket and is at least 18 years of age.
(6) The owner of an RST vessel must not knowingly
permit it to be driven in contravention of
subregulations (2) to (5).
(7) A person who contravenes this regulation commits an
offence.
47B. Learner deemed to be directly supervised (1) If a learner is driving an RST vessel under the
supervision of an examiner, the learner is taken to be
under the direct supervision of the examiner - (a)
if the vessel is within 400 metres of the examiner; and
(b)
even if the examiner is also instructing or assessing one or more other learners.
(2) In this regulation -
"learner" means a person who is learning to drive an
RST vessel or is being assessed for the purpose of seeking to obtain a recreational skipper's ticket.
47C. Recreational skipper's ticket (1) Subject to regulation 47G, the CEO is to grant a
recreational skipper's ticket to a person who applies in accordance with subregulation (3), if satisfied that the person meets the recreational skipper's competency
requirements.
10 February 2006 GOVERNMENT GAZETTE, WA 671 (2) The CEO may, in satisfaction of the requirement
imposed by subregulation (1) -
(a)
accept evidence from a person or body approved by the CEO for that purpose; or
(b)
accept possession by the applicant of a higher qualification or a foreign skipper's ticket.
(3) An application for a recreational skipper's ticket -
(a) is to be made to the CEO in writing in a form specified by the Minister; (b) is to be accompanied by evidence that the applicant meets the recreational skipper's competency requirements; and (c) may be lodged - (i) by the applicant; or
(ii) if lodged with evidence of the kind referred to in subregulation (2)(a), by the examiner on behalf of the applicant.
(4) If an applicant has lodged an application together with evidence of the kind referred to in subregulation (2)(a), the applicant is taken to hold a recreational skipper's
ticket until he or she receives -
(a) a recreational skipper's ticket; or (b)
written notice that the CEO has refused the application.
(5) The CEO is to issue a replacement recreational
skipper's ticket -
(a)
when the CEO is notified under regulation 471 of a change to the ticket holder's name or address; or
(b) at the request of the ticket holder, if the CEO is satisfied that the original ticket has been lost or destroyed.
(6) The CEO may issue a replacement recreational
skipper's ticket at any other time if the CEO considers
it appropriate.
(7) In this regulation -
"higher qualification" means -
(a) a certificate of competency or certificate of proficiency granted or recognised under the W.A. Marine (Certificates of Competency
and Safety Manning) Regulations 1983 other
than a certificate of competency as -
(i) Coxswain Instructor of commercial
ski-boat;(ii) Marine Engineer Class III;
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(iii) Marine Engine Driver Grade I; or
(iv) Marine Engine Driver Grade II;
or
(b) any other qualification the prerequisites for
which, in the CEO's opinion, require a
person to meet or exceed the recreationalskipper's competency requirements.
47CA. Transitional - prior ownership or qualifications
(1) Ifa person —
(a) has been the owner, or one of the owners, of a registered vessel for all of the 5 years immediately preceding the commencement date; and (b) lodges an application for a recreational skipper's ticket - (i) before 1 April 2007; and
(ii) examiner that the applicant has a
theoretical knowledge of thetogether with evidence from an requirements,
the CEO may accept that ownership and evidence of
theoretical knowledge as evidence in satisfaction of the
requirement imposed by regulation 47C(1).
(2) For the purposes of regulation 47C(2)(b) a person who lodges an application for a recreational skipper's ticket before 1 April 2007 is taken to possess a higher
qualification if the person holds one of the following
qualifications, which he or she obtained before thecommencement date -
(a) a certificate granted by the CEO certifying that the holder has completed the boating safety course known as "BoatSmart"; (b) a National Power Boat Scheme TL3 Certificate granted by the Australian Yachting Federation; (c) a National Motor Cruising Scheme Australian Yachting Federation.
(3) In this regulation -
"commencement date" means the date on which the
Navigable Waters Amendment Regulations
(No. 2)2005 came into operation;
"owner" has the meaning given to that term in
regulation 45A.
10 February 2006 GOVERNMENT GAZETTE, WA 673
47D. Conditions on recreational skipper's ticket (1) The CEO may grant a recreational skipper's ticket
subject to any conditions the CEO considers
appropriate for ensuring the safety of any person or the
public generally.(2) A person who holds a recreational skipper's ticket that
is subject to a condition is taken not to hold a
recreational skipper's ticket if the condition is not
being complied with.(3) The CEO may revoke a condition by giving written
notice to the ticket holder.47E. Interstate or overseas ticket valid for 3 months A person who holds a foreign skipper's ticket and
enters Western Australia, whether as a visitor or with
the intention of permanently residing in the State, is
taken to hold a recreational skipper's ticket until
3 months have elapsed since the person entered the
State.47F. Exemptions
(1) The CEO may exempt a person or class of persons
from all or any of the provisions of regulation 47AA,
47AB or 47A.(2) The CEO may grant an exemption subject to any
conditions the CEO considers appropriate for ensuring
the safety of any person or the public generally.(3) A provision of regulation 47AA, 47AB or 47A in
respect of which an exemption has been granted does
not apply to a person -
(a) to whom the exemption applies; and
(b) who is driving a vessel in accordance with the exemption and any conditions to which it is subject.
47G. Power to refuse, cancel or suspend recreational
skipper's ticket(1) The CEO may refuse an application for, or cancel or
suspend, a recreational skipper's ticket if satisfied that
the applicant or ticket holder -
(a)
is seeking to obtain, or obtained, the ticket by fraud, dishonesty or misrepresentation; or
(b)
should not hold a recreational skipper's ticket because he or she would be likely to be a danger to the public if permitted to be in charge of an RST vessel.
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(2) The CEO must not cancel a recreational skipper's
ticket until the ticket holder has been given a
reasonable opportunity to satisfy the CEO that the
ticket should not be cancelled.(3) If the CEO refuses an application for, or cancels or
suspends, a recreational skipper's ticket the CEO must
give written notice of the refusal, cancellation or
suspension, and the reasons for it, to the applicant or
ticket holder.(4) The power under subregulation (1) to cancel or
suspend a recreational skipper's ticket includes a power
to cancel or suspend the application of regulation 47E
to a person who is taken under that regulation to hold a
recreational skipper's ticket.(5) A person aggrieved by a decision of the CEO under
this regulation may apply to the State Administrative
Tribunal for a review of the decision.47H. Ticket to be produced on request
(1) The holder of a recreational skipper's ticket must
produce it for inspection when requested to do so by an
authorised person (as defined in section 98 of the
Western Australian Marine Act 1982).
(2) A person who is taken under regulation 47C(4) to hold
a recreational skipper's ticket complies with
subregulation (1) if the person produces written
evidence that -
(a)
the person has demonstrated, to the satisfaction of an examiner, that the person meets the recreational skipper's competency requirements; and
(b) accordance with regulation 47C(3). the person has lodged an application in
(3) A person who is taken under regulation 47E to hold a
recreational skipper's ticket complies with subregulation (1) if he or she produces -
(a) his or her foreign skipper's ticket; and (b)
evidence of the date of his or her entry into Western Australia.
(4) A person who contravenes this regulation commits an
offence.
471. Ticket holder to notify change of details
(1) The holder of a recreational skipper's ticket who
changes his or her name or address must give written notice of the change to the CEO within 21 days of the change being made.
10 February 2006 GOVERNMENT GAZETTE, WA 675 (2) A person who contravenes this regulation commits an
offence.
6. Regulation 48 amended
Regulation 48(c) is amended by deleting "weigh" and inserting instead —
44 ,,
way . 7. Regulation 49A repealed
Regulation 49A is repealed.
By Command of the Lieutenant-Governor and Administrator,
G. M. PIKE, Clerk of the Executive Council.
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