Navigable Waters Amendment Regulations (No. 4) 1992 (WA)

4238 GOVERNMENT GAZETTE, WA [28 August 1992

MARINE AND HARBOURS

MH301

SHIPPING AND PILOTAGE ACT 1967

JETTIES ACT 1926

2. These regulations shall come into operation on 1 September 1992.

WESTERN AUSTRALIAN MARINE ACT 1982

NAVIGABLE WATERS AMENDMENT REGULATIONS (NO. 4) 1992

Made by His Excellency the Lieutenant-Governor and Administrator in

Executive Council.

Citation

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

Regulations (No. 4) 1992.

Commencement

28 August 19921 GOVERNMENT GAZETTE, WA 4239

Principal regulations

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

to as the principal regulations.

[* Reprinted in the Gazette of 8 November 1989 at pp.4001-39.

For amendments to 11 August 1992 see 1991 Index to Legislation of Western Australia, pp.486-7 and Gazettes of 10 April 1992 and 30 June 1992.1

Regulation 2 amended

4.      Regulation 2 of the principal regulations is amended by inserting, in the

appropriate alphabetical positions, the following definitions -

"authorized person" means a person appointed under section

117 (2) of the Western Australian Marine Act 1982;

"diving operations" means any activity where any person
is engaged in diving, skin diving, scuba diving, snorkell-

ing or any similar activity whether from a vessel or not;

"inspector" means a person appointed under section 117 (1) of

the Western Australian Marine Act 1982;

"personal powered watercraft" means any vessel which is propelled by means of an inboard or outboard motor or is air cushion supported and which is designed to be steered by means of handlebars by a person sitting, standing or kneeling in or on the vessel;

Regulation 6A inserted

5.      After regulation 6 of the principal regulations the following regulation is

inserted -

Owner of vessel shall comply
with directions

6A. The owner of a vessel shall, at all times, comply with any directions given by an officer of the department, an authorized person, an inspector or a police officer.

Penalty: $500

Regulation 12 amended

6.     Regulation 12 of the principal regulations is amended by deleting

paragraph (b).

Regulations 19C amended

7.      Regulation 19C of the principal regulations is amended by inserting after

subregulation (2) the following subregulation -

(3) The master or person in charge of •a vessel that is engaged in diving operations during the hours of darkness shall cause to be displayed on the vessel, in a vertical line where they can best be seen, 3 all round lights (having a visibility of not less than 2 miles) the highest and lowest of which shall be red and the middle light shall be white.

4240 GOVERNMENT GAZETTE, WA [28 August 1992

Regulation 19D repealed and a regulation substituted

S. Regulation 19D of the principal regulations is repealed and the following regulation is substituted -

44

Person shall display signal from buoy

19D. (1) Where a person is engaged in diving operations

other than from a vessel, the person shall cause to be displayed from a personal buoy, so as to be clearly visible to all approaching vessels, the International Code Flag "A'.

(2) The International Code Flag "A" referred to in subregulation (1) shall be not less than 300 millimetres in length and not less than 200 millimetres in width.

Regulation 45B amended

9. Regulation 45B of the principal regulations is amended in subregulation

(a) "(a)' the following - inparagraph (a) by inserting after the paragraph designation

subject to subparagraph (aa)

(b) by inserting after paragraph (a) the following paragraphs -

(aa)1 where the owner of a registered vessel is -

(i) a company, the full name of a natural together with the addresses and telephone numbers at which the natural person or partners, as the case may be, may be contacted both during normal business hours and outside of those hours;	person nominated by the company; or
(ii)	a partnership, the full name of each
partner,

(ab) where applicable to the hull of the vessel, the	manufacturers serial number;
(ac) the engine number of any motor fitted to the	vessel;

Regulation 45D amended

10. Regulation 45D of the principal regulations is amended in
subregulation (1) by deleting paragraph (b) and substituting the following	paragraph -
44
(b) notify the department in a form approved by the Minister of or the address of the owner or any of the nominated persons referred to in regulation 45B (3) (aa), within 15	any change in any of the registered particulars of the vessel
days of any such change occurring. ".

Regulation 46 amended

11. Regulation 46 (2) of the principal regulations is amended -

(a)	by inserting before the definition of "trick water ski-ing" the following definition -
" "para-sailing" means the sport or exercise where a person is towed over water by a motor boat and with the aid of a kite, parachute or similar apparatus becomes airborne;

and

28 August 19921 GOVERNMENT GAZETTE, WA 4241

(b) in the definition of "water ski-ing" by inserting after "water" the
following -

it

at a speed of 8 knots or more,

Regulation 48 amended

12. Regulation 48 of the principal regulations is amended by deleting "or

water ski -" and substituting the following -

" water ski or para-sail -

Regulation 48A amended

13. Regulation 48A of the principal regulations is amended—

(a)	in subregulation (1) (c) by inserting after "purposes of" the	following -
44

para-sailing or "; and

(b)	in subregulation (2) -
(i) by inserting after "towing a" the following -

44

para-sailor or a "; and

(ii)     by inserting after "speed boats," the following -

44

on para-sailing

Regulation 49 amended

14. Regulation 49 of the principal regulations is amended -

(a) in subregulation (1) by inserting after "towing a" the following -

para-sailor or a "; and

(b)	in subregulation (2) -
(i) by inserting after "towing a" the following -

it

para-sailor or a "; and

(ii)     by inserting after "over the" the following -

para-sailor or para-sailors or the

Regulation 49A amended

15. Regulation 49A of the principal regulations is amended in subregulation

(2) (a) by deleting "21" and substituting the following -

it 11

18

Regulation 52 repealed and a regulation substituted

16. Regulation 52 of the principal regulations is repealed and the following

regulation is substituted -

it

Certain vessels shall be equipped

with fire extinguishers

52. The owner of -

(a) a motor boat (other than a motor boat propelled by an	outboard motor of 7.5 kilowatt brake power or less);
or

4242 GOVERNMENT GAZETTE, WA [28 August 1992

any vessel which is fitted with hydrocarbon cooling or

(b) heating appliances,

shall ensure that the motor boat or vessel is equipped with a fire extinguisher that bears the stamp of the Standards Association of Australia and conforms to one of the following standards issued by that body -

(c)	AS 1841.1 and AS 1841.4 (foam);
(d)	AS 1841.1 and A51841.5 (powder type);
(e)	AS 1841.1 and AS 1841.6 (carbon dioxide); or
(f)	AS 1841.1 and AS1841.7 (vaporising liquid).

Regulation 52CAB repealed and a regulation substituted

17. Regulation 52CAB of the principal regulations is repealed and the

following regulation is substituted -

64

Personal powered watercraft and sailboards

exempted from certain regulations

52CAB. (1) Regulation 52 does not apply to a personal	powered watercraft.
powered watercraft or a sailboard being used within 400 metres (2) Regulations 52A and 52B do not apply to a personal
of the shore.

Regulation 52C does not apply to a personal powered watercraft or a sailboard.'

(3)

relevant vessel is a personal powered watercraft. (4) In any dispute the General Manager shall decide if the

Various penalties amended

18. The principal regulations are amended by deleting in the provisions referred to in Column 1 of the Table to this regulation the penalties

respectively set out in Column 2 of the Table and substituting in each case the penalty set out in Column 3 of the Table. TABLE

Column 1 Provision	Column 2	Column 3
Deleted penalty	S u b s t it u t e d penalty
Regulation 19 (2)	$40	$500
Regulation 19B	$200	$500
Reguiaton 19F	$200	500
Regulation 191 (1)	$200	$500
Regulation 191 (2)	200	$500
Regulation 20	$200	$500
Regulation 36	200	$500
Regulation 40	200	$500
Regulation 45	200	$500
Regulation 45F	$200	$500
Regulation 53 (1)	$200	500
Regulation 53 (2)	$200	$500

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.