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reg 23

Minimum distance requirements

In force
Part 4Safe operation of boats

23 Minimum distance requirements

(1)

A person commits an offence if—

(a)

the person operates a boat on a lake at a speed of 10 knots or more; and

(b)

the boat is less than 60m from—

(i)

a person on or in the lake; or

(ii)

another boat (other than a power boat or a boat that is moored or anchored).

Maximum penalty: 30 penalty units.

(2)

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

(a)

it was not possible for the boat to be 60m or more from the person or other boat; and

Example

The land in all navigable directions was less than 60m from the person or other boat.

(b)

the defendant operated the boat at a safe distance from—

(i)

the person; or

(ii)

the other boat.

(3)

A person commits an offence if—

(a)

the person operates a boat on a lake at a speed of 10 knots or more; and

(b)

the boat is less than 30m from—

(i)

a power boat; or

(ii)

a boat that is moored or anchored.

Maximum penalty: 20 penalty units.

(4)

A person commits an offence if—

(a)

the person operates a boat on a lake at a speed of 10 knots or more; and

(b)

the boat is less than 30m from any land, structure or other thing.

Maximum penalty: 20 penalty units.

Examples—structure or other thing

 diving platform

 fountain

 pontoon

(5)

It is a defence to a prosecution for an offence against subsection (3) or (4) if the defendant proves that—

(a)

it was not possible for the boat to be 30m or more from the other boat, land, structure, or other thing; and

Example

The land in all navigable directions was less than 30m from the other boat.

(b)

the defendant operated the boat at a safe distance from the other boat, land, structure, or other thing.

(6)

In this section:

safe distance means, when taking into account all relevant safety factors including the weather, visibility, and speed—

(a)

for subsection (2) (b) (i)—a distance at which the boat could not cause danger or injury to the person; and

(b)

for subsection (2) (b) (ii) or (5)—a distance at which the boat could not cause damage to the other boat, land, structure, or other thing.

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