Western Australian Marine (Infringements) Amendment Regulations 1992 (WA)

2380	GOVERNMENT GAZETTE, WA	[9 June 1992
MH302

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

WESTERN AUSTRALIAN MARINE ACT 1982

WESTERN AUSTRALIAN MARINE (INFRINGEMENTS)

AMENDMENT REGULATIONS 1992

Made by His Excellency the Governor in Executive Council.

Citation

1.    These regulations may be cited as the Western Australian Marine

(Infringements) Amendment Regulations 1992.

Commencement

9 June 19921 GOVERNMENT GAZETTE, WA 2381

Schedule 1 substituted

3. Schedule 1 of the Western Australian Marine (Infringements) Regulations

1985* is repealed and the following Schedule is substituted -

SCHEDULE 1

MODIFIED PENALTIES

Navigable Modified Penalty

Item Waters Description of offence $

Regulation Proposed

1 14A(a) Navigating vessel so as to endanger safety of vessel or person 100

2 14A(b) Navigating vessel so as to obstruct, impede or interfere with

other vessel ........................................ 80

3	14B	Permitting person to expose portion of body to risk of injury
beyond hull limits of vessel ............................ 60
4	15(1)	Motor boat towing more than one vessel through or under
bridge............................................ 60
5	19(2)	Navigating vessel less than 3.75 metres long more than 5 nautical miles from nearest point at low water mark on
mainland shore ..................................... 100
6	19A	Vessel exceeding speed of 10 knots between sunset sunrise - and

(a) by not more than 10 knots ................. 80

(b) by more than 10 knots ................... 100

7 19B Using or setting off signal, flare, rocket or other distress

signals, except in case of emergency or vessel in distress, without prior written permission of Department ............ 100

8 19C Failing to exhibit on vessel required diving flag ............ 100

9	19E	Failing to maintain distance of 50 metres between vessel and buoy or other vessel displaying diving flag or failing to reduce speed of vessel to slowest navigable speed whilst passing within
50 metres of buoy or other vessel ....................... 100
10	42(a)	Anchoring or mooring vessel in fairway or channel when not in
distress........................................... 60
11	42(c)	Placing cable or rope or other obstruction across fairway or
channel without written permission of Department .......... 100
12	43(a)	Obstructing channel or fairway with net or buoyed objects 60
13	45B(lXa)	Using or having on navigable waters unregistered registrable
vessel ............................................ 100
14	45B(lXb)	Failing to have current boat registration label properly affixed
tovessel .......................................... 80
15	45B(7)	Failing to have registrable vessel legibly marked with
registration number ................................. 80
16	45B(8)	Registrable vessel failing to have required identification
marking when proceeding north of Geraldton .............. 60
17	45BA(4)(c)	Use of vessel with incorrectly affixed dealer plates .......... 60
18	45D(lXa)	Failing to produce certificate of registration of vessel within
specified time ...................................... 40
19	45D(lXb)	Failing to notify Department of change of registered
particulars, or of address of owner, of vessel within 15 days . 60
20	45E(lXa)	Failing to furnish purchaser of vessel with registration
certificate......................................... 60
21	45E(lXb)	Failing to notify Department of sale or disposal of registered
vessel within 7 days ................................. 60
22	45E(2Xa)	Failin to apply for transfer of registration within 15 days of acquisition of registered vessel ......................... 60
23	45E(3)	Failing to notify Department of loss of registered vessel within
15 days ........................................... 60
24	48(b),(c)	Driving motor boat at speed exceeding 8 knots -

or (d) (a) in or through mooring area ................ 80

(b)	within 15 metres of vessel under weigh .......	80
(c)	within 45 metres of -

(i)	moored vessel	.....................	80
(ii)	person in water	...................	100

(iii) jetty or wharf ..................... 80

25	48A(2)	Driving motor boat towing water skier in area not set aside for
purpose........................................... 100
2649(l)	Towing water skier without observer in towing speed boat	80
27	49(2)	Driver of or observer in speed boat towing water skier failing to
maintain constant lookout or watch ...................... 60
28	49A(lXb)	Owner or person in control of speed beat allowing person under
17 to drive or operate speed boat ........................ 100
29	49C	Failing to drive speed boat at least 45 metres behind water
skier or other boat ................................... 60
30	49D	Driver of boat about to take off failing to yield right of way to
speed boat landing water skier ......................... 60
31	49E	Trailing ski rope within 30 metres of shore in water ski area . 60
32	49G	Failing to keep speed boat towing water skier at least 30 metres from shore when not engaged in landing or taking off
water skier

........................................ 60

2382 GOVERNMENT GAZETTE, WA [9 June 1992

Navigable Modified Penalty

Item Waters Description of offence $

Regulation Proposed

33	49H	Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere
with or obstruct other boat towing water skier 60
34	491	Driver of speed boat failing to maintain distance of 25 metres
from shore when landing water skier 60
35	49J	Sitting on gunwale or back of driving seat when driving speed
boat 60
36	49K	Water skier failing to retrieve water ski 60
37	49M(1)(a) or (b)	Using navigable waters for purpose of slalom course or ski-
jump —

(a)	without prior written permission of Department	100
(b)	without required marker buoys and pennants	60

38	50	Driving motor boat towing water skier between sundown and 8 a.m. on Swan River or between sundown and 9 a.m. on Canning River	100
39	51	Using motor boat not fitted with efficient silencer approved by

Department 80

40

51A

Causing or permitting motor boat to emit smoke or vapour

causing danger, nuisance or annoyance 80

41

52

Failing to equip motor boat with approved fire extinguisher 80

42

52A

Failing to equip vessel with required number of approved life

jackets whilst being navigated outside protected waters 100

43

52B

Failing to equip vessel with required number of distress signals

whilst being navigated outside protected waters 80

44

52BA(1Xa)

Failing to maintain items of safety equipment of vessel in

serviceable condition 80

45

52BA(lXb)

Failing to have safety equipment of vessel readily accessible to

all persons on board 80

46

52BA(3)

Failing to produce items of safety equipment to officer of

Department on demand 80

47

52C

Vessel not carrying efficient anchor and line whilst outside

protected waters 80

48

52G

Failing to display navigation lights on small motor boat as

required 100

Western Australian Marine Act Section

49

67

Exceeding S/Ihnit by more than 3 knots but less than 5.	50
5 knots but less than 10 knots	80
By more than 10 knots.	100

[* Published in the Gazette of 4 October 1985 at pp. 3866-3870.	For amendments to 2 April 1992 see 1990 Index to Legislation of
Western Australia, p. 414.]

By His Excellency's Command, M. C. WAUCHOPE, Clerk of the Council.