Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 (Qld)

Queensland Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 46 made under the TransportOperations(MarineSafety)Act1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 127A (Speed limit for personal watercraft operating in particular places) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 204A (Appointment of shipping inspectors) . . . 2 6 Replacement of s 222A (Marine zones) . . . . . . . . . . . . . . . . . . . . 2 222A Marine zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Replacement of sch 14A (Marine zones) . . . . . . . . . . . . . . . . . . . 3 Schedule 14A Marine zones 1 Tallebudgera Creek . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Noosa River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new sch 14C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 14C Areas of Noosa River where water skiing is allowed between 8am and 5pm 9 Amendment of sch 15 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 7

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 . 2 Commencement This regulation commences on 1 July 2009. 3 Regulation amended This regulation amends the Transport Operations (Marine Safety) Regulation 2004. 4 Amendment of s 127A (Speed limit for personal watercraft operating in particular places) (1) Section 127A(4)— renumber as section 127A(5). (2) Section 127A— insert— ‘(4) The collision regulations apply to the personal watercraft despite subsection (2)(b)(ii) or (iii).’. 5 Amendment of s 204A ( Appointment of shipping inspectors ) Section 204(c), after ‘SunWater’— insert— ‘Limited ACN 131 034 985’. 6 Replacement of s 222A (Marine zones) Section 222A— omit, insert— Page 2 2009 SL No. 46

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 7] ‘222A Marine zones ‘(1) An area is a marine zone if schedule 14A states it is a marine zone. ‘(2) A person who is the owner or master of a ship must not operate the ship in a marine zone in contravention of a requirement mentioned in schedule 14A for the marine zone. Maximum penalty—200 penalty units. ‘(3) However, a person who is the owner or master of a ship may operate the ship in a marine zone if the ship is owned and operated by either of the following entities and is being operated in the course of the entity’s rescue, lifesaving or emergency activities— (a) a volunteer marine rescue association or a surf lifesaving association accredited by the emergency services department; (b) the emergency services department.’. 7 Replacement of sch 14A (Marine zones) Schedule 14A— omit, insert— ‘Schedule 14A Marine zones section 222A ‘1 Tallebudgera Creek ‘(1) The area of Tallebudgera Creek is a marine zone. ‘(2) The requirement for the marine zone is that a personal watercraft must not be operated in the marine zone. 2009 SL No. 46 Page 3

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 7] ‘2 Noosa River ‘(1) The area of the Noosa River and the area of adjoining waters including Lake Cootharaba, Lake Cooroibah, Doonella Lake and Lake Weyba are a marine zone. ‘(2) However, the area of each creek, other than Cooloothian Creek, Cooroibah Creek or Weyba Creek, adjoining the waters of the Noosa River is not part of the marine zone. ‘(3) The requirements for the marine zone are as follows— (a) a ship must not be operated in the marine zone to freestyle, surf or wave jump; (b) a personal watercraft must not be operated in the marine zone; (c) a ship must not be operated in the marine zone to water ski, other than between 8am and 5pm in an area of the Noosa River described in schedule 14C; (d) a hovercraft or airboat must not be operated in the marine zone; (e) an aircraft must not be operated in the marine zone to take off or land on water. ‘(4) However subsection (3)(a) or (b) does not apply if the ship is— (a) a personal watercraft registered as a commercial ship; and (b) operating in the waters of the Noosa River where, under section 221(2), the general manager has, by gazette notice, stated that the anchoring, berthing, mooring or operating of a ship, other than a personal watercraft registered as a commercial ship, endangers marine safety (the commercial PWC area ). Editor’s note — A copy of the current gazette notice describing those waters, and the associated map, are available on Maritime Safety Queensland’s website at < ‘(5) Also, subsection (3)(b) does not apply if— Page 4 2009 SL No. 46

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 7] (a) the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (7); and (b) the owner or master uses the personal watercraft to move through the waters— (i) to travel to or from the commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or (ii) on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and (c) the owner or master— (i) is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or (ii) uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or (iii) uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore. Examples of activities for this subsection — 1 A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay. 2 A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville. ‘(6) The collision regulations apply to the personal watercraft despite subsection (5)(b) or (c). ‘(7) For subsection (5)(a), the waters are as follows— (a) the waters of the Noosa River downstream of a direct line between latitude 26°23.836' south, longitude 153°03.273' east and latitude 26°23.585' south, longitude 153°03.273' east ending at a direct line between latitude 26°22.847' south, longitude 2009 SL No. 46 Page 5

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 8] 153°04.856' east and latitude 26°22.787' south, longitude 153°04.601' east; (b) the waters of Weyba Creek downstream of a direct line between latitude 26°23.842' south, longitude 153°04.509' east and latitude 26°23.916' south, longitude 153°04.393' east; (c) the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b). ‘(8) For subsection (7)(b), the shore of Weyba Creek between the following points is taken to be a direct line between the points— (a) latitude 26°23.964' south, longitude 153°04.651' east; (b) latitude 26°23.955' south, longitude 153°04.599' east. ‘(9) In this section— transit voyage means— (a) a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (7); or (b) a voyage between a point in the waters mentioned in subsection (7) and a point seaward of the marine zone.’. 8 Insertion of new sch 14C After schedule 14B— insert— ‘Schedule 14C Areas of Noosa River where water skiing is allowed between 8am and 5pm schedule 14A, section 2(3)(c) 1 The area of the Noosa River at Tewantin within the following boundary— Page 6 2009 SL No. 46

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 9] • starting at latitude 26°23.265' south, longitude 153°02.664' east along the eastern shore of the Noosa River • to latitude 26°22.755' south, longitude 153°02.836' east • a direct line to latitude 26°22.710' south, longitude 153°02.763' east • along the eastern shore of Makepeace Island to latitude 26°22.952' south, longitude 153°02.785' east • a direct line to latitude 26°22.994' south, longitude 153°02.738' east • along the eastern shore of the Sheep Island to latitude 26°23.194' south, longitude 153°02.564' east • a direct line to the starting point 2 The area of the Noosa River at Tewantin within the following boundary— • starting at latitude 26°22.266' south, longitude 153°02.350' east along the eastern shore of the Noosa River • to latitude 26°21.596' south, longitude 153°02.404' east • a direct line to latitude 26°21.605' south, longitude 153°02.324' east • along the western shore of the Noosa River to latitude 26°22.326' south, longitude 153°02.267' east • a direct line to the starting point’. 9 Amendment of sch 15 (Dictionary) (1) Schedule 15— insert— ‘ airboat means a watercraft, other than an aircraft, designed to be propelled by an aircraft-type propeller. ship , for section 222A and schedule 14A, includes an aircraft when it is on water, or is taking off or landing on water.’. 2009 SL No. 46 Page 7

Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2009 [s 9] (2) Schedule 15, definitions freestyle , surf and wave jump , ‘personal watercraft’— omit, insert— ‘ship’. ENDNOTES 1 Made by the Governor in Council on 30 April 2009. 2 Notified in the gazette on 1 May 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2009 Page 8 2009 SL No. 46