Lakes (Amendment) Ordinance 1992 (ACT)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2009B00016 Not in force Legislative Instrument

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AUSTRALIAN CAPITAL TERRITORY

Lakes (Amendment) Ordinance 1992

No. 1 of 1992

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 27 February 1992

Bill Hayden

Governor-General

By His Excellency’s Command,

Wendy Fatin

Minister of State for the Arts and Territories

___________________________

An Ordinance to amend the Lakes Ordinance 1976

1 Short title

This Ordinance may be cited as the Lakes (Amendment) Ordinance 1992.[1]

2 Principal Ordinance

In this Ordinance, Principal Ordinance means the Lakes Ordinance 1976.[2]

3 Closing of parts of a lake for regattas etc.

Section 22 of the Principal Ordinance is amended by adding at the end the following subsections:

‘(3) The Minister may, in an authority under subsection (2), specify the conditions, if any, to which the authority is subject.

‘(4) An authority under subsection (2) applies to the members of the association of persons to whom it is given and to all other persons to whom it is expressed to apply.’.

4 Conduct of regattas etc.

Section 23 of the Principal Ordinance is amended by omitting paragraphs (1) (a), (b) and (c) and substituting the following paragraphs:

‘(a) a member of the association; or

(b) a person to whom the authority is expressed to apply;’.

5 Lake Burley Griffin

Section 36 of the Principal Ordinance is amended by adding at the end the following subsection:

‘(2) Subsection (1) does not apply to a person to whom an authority in force under subsection 22 (2) applies.’.

6 Lights to be carried on large power boats

Section 38 of the Principal Ordinance is amended:

(a) by omitting from subsection (5) ‘subsections (2) and (3)’ and substituting ‘subsections (3) and (4)’;

(b) by omitting from subsection (6) ‘subsections (2) and (3)’ and substituting ‘subsections (3) and (4)’; and

7 Substitution

Section 39 of the Principal Ordinance is repealed and the following sections are substituted:

39 Light to be carried by small power boat

‘A power boat that is:

(a) less than 5 metres long; and

(b) under way, or anchored, on a lake between the hours of sunset and sunrise;

shall show a white light visible at a distance of 1.50 kilometres.

39A Lights to be carried by sailing vessels

‘Subsections 38 (3), (4), (5) and (6) apply in relation to a sailing vessel that is under way, or anchored, on a lake between the hours of sunset and sunrise as if that vessel were a boat to which section 38 applies.’.

8 Appeals

Section 51 of the Principal Ordinance is amended:

(a) by omitting paragraphs (1) (a) and (b) and substituting the following paragraphs:

‘(a) making a determination under subsection 14 (2);

(b) refusing to approve the anchoring of a buoy or the erection of a wharf or jetty under subsection 19 (1);

(d) refusing to authorise or approve the conduct of a function under subsection 22 (2);

(e) imposing conditions on an authority under subsection 22 (2);

(f) refusing to grant or renew a permit to moor a boat under section 25;

(g) refusing to authorise the use of a power boat under subsection 26 (1);

(h) imposing conditions on an authority under subsection 26 (1);

(i) imposing further conditions, or varying or revoking a condition imposed, on an authority under subsection 26 (2);

(j) revoking an authority under subsection 26 (3);

(k) refusing to grant a permit to use a hovercraft under subsection 29 (1); or

(l) imposing conditions on the grant of a permit under subsection 29 (1).’; and

(b) by omitting subsection (2) and substituting the following subsections:

‘(2) Where the Minister makes a decision referred to in subsection (1), the Minister shall, within 28 days, cause notice in writing of the decision to be given to the person whose interests are affected by the decision.

‘(3) A notice under subsection (2) shall:

(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 of the Commonwealth, application may be made to the Commonwealth Administrative Appeals Tribunal for review of the decision to which the notice relates; and

(b) except where subsection 28 (4) of that Act applies-include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 28 of that Act.

‘(4) The validity of a decision referred to in subsection (1) shall not be taken to be affected by a failure to comply with subsection (3).’.\

NOTE

[1] Notified in the Commonwealth of Australia Gazette on 11 March 1992

[2] Ordinance No. 65, 1976 as amended by No. 4, 1978; Act No. 74, 1981; No. 31, 1983; No. 15, 1985; No. 49, 1987; No. 67, 1988; No. 39, 1989.

Overview

The Lakes (Amendment) Ordinance 1992 was enacted by the Australian Capital Territory to amend the Lakes Ordinance 1976. This legislative instrument addresses the need for updated regulations governing the management and use of lakes within the Territory, particularly focusing on the conduct of regattas and other functions, the specification of conditions for authorities, and the safety requirements for power boats and sailing vessels. The Ordinance was introduced to ensure that the administration of lakes is effective and compliant with contemporary safety and operational standards. The enacting body, the Governor-General, exercised powers under the Seat of Government (Administration) Act 1910 to implement these amendments, reflecting a commitment to maintaining orderly and safe recreational activities on the Territory's lakes.

Scope and Application

The Lakes (Amendment) Ordinance 1992 amends the Lakes Ordinance 1976 to regulate the conduct of regattas and other functions on the lakes within the Australian Capital Territory. The amendments introduce provisions that allow the Minister to specify conditions for authorities permitting the closure of parts of a lake for regattas and other functions, and these authorities apply to members of the association and others to whom they are expressed to apply. The Ordinance also revises the conduct of regattas to ensure they are carried out by members of the association or individuals to whom the authority applies. Additionally, the Ordinance specifies that certain subsections do not apply to individuals who hold a valid authority under section 22(2), ensuring clarity in the application of these provisions. Furthermore, the Ordinance mandates that lights must be carried on large power boats and certain sailing vessels during specified hours, and it outlines the procedures for appeals against ministerial decisions related to various aspects of lake use, including the granting and conditions of permits and authorities.

Key Provisions

The Lakes (Amendment) Ordinance 1992 introduces several significant amendments to the Lakes Ordinance 1976. Section 22(3) and (4) provide the Minister with the authority to close parts of a lake for activities such as regattas, and to specify any conditions under which such closures can occur. The authority granted by these subsections extends to members of an association as well as any other persons to whom the authority is expressed to apply (section 22(4)). Section 23 modifies the conditions under which regattas and other activities can be conducted, now limiting participation to members of the association or persons to whom the authority applies (section 23(a) and (b)). Section 36(2) exempts individuals who hold a valid authority under section 22(2) from the general prohibitions on activities in Lake Burley Griffin. Section 38 has been amended to clarify the application of lighting requirements for boats, substituting references to subsections (3) and (4) for previous references to subsections (2) and (3) (section 38(a), (b) and (c)). Additionally, sections 39 and 39A introduce new requirements for the lighting of small power boats and sailing vessels during night-time hours (sections 39 and 39A). The obligations imposed by the Ordinance are primarily on the Minister, who has been granted extensive powers to regulate activities on the lakes, including the ability to close parts of the lakes, issue authorities, and impose conditions on such activities (section 22). The Minister is also required to notify individuals of decisions made under the Ordinance and inform them of their right to appeal to the Commonwealth Administrative Appeals Tribunal (section 51). The Ordinance imposes specific obligations on individuals participating in activities such as regattas, requiring them to comply with the conditions specified by the Minister (section 22(4)). Additionally, owners and operators of boats must ensure that their vessels are equipped with the appropriate lighting as specified in sections 38, 39, and 39A. Breaches of the Ordinance can result in both civil and criminal penalties. Although specific penalties are not detailed in the text, the Ordinance references the Administrative Appeals Tribunal Act 1975 for the review of decisions and the potential for further legal action. The Ordinance also implies that non-compliance with the Minister’s directions and conditions could result in legal consequences, including fines or other sanctions as might be applicable under relevant laws. The failure to comply with the notice requirements specified in section 51(3) does not affect the validity of the Minister’s decisions, indicating that procedural errors do not invalidate the substantive decisions made under the Ordinance.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Reporting & Disclosure Obligations; Licensing & Registration; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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