Marine Safety Act 1998

A person is not required to hold an aquatic licence to conduct an exempt aquatic activity in or over navigable waters if the conduct of the activity—

will not—

substantially affect navigation in the waters by members of the public or vessel operators, or

cause an increased risk of danger to the public or vessel operators, and

for an aquatic activity declared to be an exempt aquatic activity—complies with conditions to which the conduct of the exempt aquatic activity is subject.

The Minister may, by notice published in the Gazette, declare an aquatic activity to be an exempt aquatic activity if the Minister reasonably considers that the aquatic activity would not substantially affect navigation in the waters.

A declaration may include conditions.

In this section—

an aquatic activity for which the only vessels used are surfboards or other similar craft, including stand-up paddleboards,

recreational swimming or a swimming competition,

recreational fishing or a fishing competition,

an aquatic activity conducted by Surf Life Saving New South Wales or an affiliated surf life saving club, if all the participants in the activity are current members of Surf Life Saving New South Wales or the club conducting the aquatic activity,

an aquatic activity the Minister declares under this section to be an exempt aquatic activity,

another aquatic activity prescribed by the regulations.