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These Regulations may be cited as the Marine (General) Regulations
2013.
These Regulations commence on the commencement of Part 9 of the
Marine Safety (Domestic Commercial Vessel) (National Uniform
Legislation) Act 2013.
In these Regulations:
ABP Standard, for Part 3A, see regulation 18A.
anchor cable, for Schedule 1, means:
a short link chain cable to which an anchor is shackled; or
a rope to which at least 3 m of chain is shackled or spliced between that rope and an anchor.
approved, means approved by the Director.
boating inspector means a person appointed to be a boating inspector under regulation 9(1).
builders plate, for Part 3A, see regulation 18A.
infringement notice, see regulation 29.
infringement notice offence, see regulation 28(1).
length, of a vessel, means the greatest distance between the foremost and aftermost parts of the vessel's hull measured in a straight line parallel to the waterline.
Diagram depicting length of a vessel
mother vessel, for Part 4, see regulation 19.
operator, of a pleasure craft or vessel, means:
the master of the pleasure craft or vessel; or
if a boating inspector cannot readily ascertain who is the master of the pleasure craft or vessel – the person who, in the opinion of the boating inspector, appears to be in control of the pleasure craft or vessel.
overseas voyage, for Part 4, see regulation 19.
owner builder, for Part 3A, see regulation 18A.
personal flotation device, for Part 2, see regulation
4.
personal water craft, see regulation 4.
prescribed amount, see regulation 28(2).
registered EPIRB, for Schedule 1, means an emergency position indicating radio beacon that:
operates on the 406MHz frequency; and
is registered with the Australian Maritime Safety Authority.
serviceable:
in relation to a pleasure craft – means the hull and all fittings of the pleasure craft are:
in sound condition; and
ready for use at any time; and
in relation to an item of safety equipment – means:
in sound condition; and
ready and suitable for use at any time; and
if the item, or a component of the item (for example, a battery), has an expiry date – that date has not passed.
tender, to a pleasure craft (the principal pleasure craft), means a vessel that is smaller than the principal pleasure craft and which is used as an auxiliary to the principal pleasure craft for the following:
a means of transportation between the principal pleasure craft and the shore;
a means of transportation between vessels;
other functions of an auxiliary nature.
towed behind, in relation to a person and a pleasure craft:
means being towed behind the pleasure craft in any of the following, or similar, manners:
on the surface of the water, such as waterskiing, wakeboarding or in or on an inflatable tube or toy;
near the surface of the water, such as foilboarding;
above the surface of the water, such as parasailing; but
except for regulation 7 – does not include being towed behind the pleasure craft on or beneath the surface of the water using a paravane device known variously as a manta board, planer board or sea sled.
V distress sheet, for Schedule 1, means a sheet of canvas or other equally robust material that:
is at least 1.8 m x 1.2 m in size; and
is fluorescent red or orange in colour; and
displays the letter "V" in black, at least 800 mm in height with the strokes forming the V not less than 130 mm wide; and
has corner ties or similar so that the sheet is capable of being fastened down so as to be visible from the air.
vessel, for Part 4, see regulation 19.
Part IIAA of the Criminal Code applies to an offence against these
Regulations.
Note for regulation 3A
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
In this Part:
inland waters means non-tidal rivers, lakes, dams and billabongs.
intermediate waters means tidal rivers, sheltered waters areas (as defined in regulation 2 of the Marine (Sheltered Waters) Regulations 1986) and other coastal waters up to 2 nautical miles from the coastline at low water mark of the lowest astronomical tide.
open waters means waters seaward of intermediate waters.
personal flotation device means a personal flotation device that:
(a) complies with AS4758, published by Standards Australia Limited ABN 85 087 326 690, as in force from time to time; or
is approved by the Director.
personal water craft means a craft:
powered by a water jet engine; and
designed to be ridden on rather than in.
A person commits an offence if:
the person is operating a pleasure craft in inland waters; and
an item of safety equipment specified in Schedule 1, Part A:
is not carried aboard the pleasure craft; or
(ii) although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
A person commits an offence if:
(a) the person is operating a pleasure craft in intermediate waters; and
an item of safety equipment specified in Schedule 1, Part B:
is not carried aboard the pleasure craft; or
(ii) although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
A person commits an offence if:
the person is operating a pleasure craft in open waters; and
an item of safety equipment specified in Schedule 1, Part C:
is not carried aboard the pleasure craft; or
(ii) although carried aboard the pleasure craft – is not serviceable.
Maximum penalty: 50 penalty units.
(4) An offence against any of subregulations (1) to (3) is an offence of strict liability.
(5) The Minister may, by Gazette notice, exempt a person from compliance with this regulation in relation to:
a specified class or type of pleasure craft; or
a specified area of Northern Territory waters.
Note for subregulation (5)
Section 194(1)(b) of the Act sets out the circumstances in which Regulations may be made authorising exemptions from the provisions of the Regulations or the Uniform Shipping Laws Code.
A pleasure craft operating in Northern Territory waters must:
be serviceable; and
be seaworthy:
for the purpose for which it is operated; and
for the waters in which it is operating; and
not be overloaded; and
(d) be provided with a means, or carry equipment, that will enable a person who has fallen overboard from the pleasure craft to reboard it.
A person commits an offence if:
(a) the person is operating a pleasure craft in Northern Territory waters; and
the pleasure craft does not comply with subregulation (1).
Maximum penalty: 50 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Regulation 5A does not apply in relation to a pleasure craft:
that is entered into the event known as the Beer Can Regatta, or another approved event; and
while the craft is being prepared for, taking part in, or being removed from the sea as part of, the Regatta or event.
(1) The following types of vessels are not required to carry safety equipment as specified in Schedule 1:
a tender;
a surf ski;
a racing shell;
a canoe;
a kayak;
a sailboard;
a personal water craft;
(h) a sailing boat under 5 metres in length or with permanently closed hulls.
Note for subregulation (1)(a)
A vessel which is normally used as in an auxiliary role to a principal pleasure craft is taken not to be a tender during any time when it is not being used in an auxiliary role, and must carry, at those times, the appropriate safety equipment specified in Schedule 1 for the waters in which it is operating.
(2) Also, a vessel of a type mentioned in subregulation (1) is not required to comply with regulation 5A(1)(d).
However, a tender must carry:
2 oars fitted with rowlocks or 2 paddles; and
one bailer fitted with a lanyard.
A person commits an offence if:
(a) the person is operating a tender in Northern Territory waters; and
the tender does not comply with subregulation (3).
Maximum penalty: 20 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
A person commits an offence if:
the person is being towed behind a pleasure craft; and
(b) the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person is operating a pleasure craft; and
the person is at least 16 years of age; and
another person is being towed behind the pleasure craft; and
(c) the person being towed is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict liability.
A person commits an offence if:
the person is being towed behind a pleasure craft; and
there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person is operating a pleasure craft; and
another person is being towed behind the pleasure craft; and
there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of absolute liability.
The owner of a pleasure craft commits an offence if:
another person is being towed behind the pleasure craft; and
there is not an observer in the pleasure craft with the operator.
Maximum penalty: 20 penalty units.
(5) An offence against subregulation (4) is an offence of strict liability.
In this regulation:
observer, in relation to a pleasure craft when a person is being towed behind the pleasure craft, means a person who is responsible for watching the towed person at all times and relaying the towed person's signals to the operator of the pleasure craft.
A person commits an offence if:
the person operates a personal water craft; and
(b) the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person operates a personal water craft; and
(b) the safety lanyard for the automatic engine cut-out is not securely attached to the person or the person's clothing.
Maximum penalty: 20 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of absolute liability.
The owner of a personal water craft commits an offence if:
(a) the owner knows the water craft is not fitted with an automatic engine cut-out that is connected to a safety lanyard; and
the owner permits another person to operate the water craft.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person operates a personal water craft; and
(b) the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person is a passenger on a personal water craft; and
the person is at least 16 years of age; and
(c) the person is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
A person commits an offence if:
the person operates a personal water craft; and
the person is at least 16 years of age; and
(c) the personal water craft is carrying a passenger under the age of 16 years; and
(d) the passenger is not wearing a personal flotation device that is appropriate for the activity.
Maximum penalty: 20 penalty units.
(8) An offence against any of subregulations (5) to (7) is an offence of strict liability.
In this regulation:
automatic engine cut-out, in relation to a personal water craft, means a device designed to stop the motor of the personal water craft in the event that the person who is operating it falls off.