Commonwealth Consolidated Acts

CONTROL OF NAVAL WATERS ACT 1918 - SECT 4

(1)

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters and things which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for the purpose of carrying out or giving effect to the control of naval waters, and in particular for the following:

(a)

for regulating the mooring or anchoring of vessels within, or so as not to obstruct navigation into in or out of, naval waters;

(b)

for appropriating any space in naval waters as a mooring place or anchoring ground for the exclusive use of exempt vessels;

(c)

for prohibiting or restricting the entry, into any specified part of any naval waters, of any vessel having explosives, ammunition, tar, oil, or other combustible substance on board, and for regulating the loading and unloading of explosives and ammunition in naval waters;

(d)

for prohibiting or restricting the discharging of explosives and ammunition in any naval waters or part thereof;

(e)

for restricting the use of fire and light on board any vessel in any specified part of any naval waters;

(f)

for regulating the speed at which vessels may be navigated in any specified part of any naval waters;

(g)

for requiring the presence of at least one person at all hours of the day and night on board every vessel above a specified size moored anchored or placed in any specified part of any naval waters;

(h)

for prohibiting or regulating the breaming or careening and cleaning of vessels in any specified part of naval waters or on the foreshore of any specified part of any naval waters;

(i)

for prescribing the lights or signals to be carried or used, and the steps for avoiding collision to be taken, by exempt vessels and other vessels navigating naval waters;

(j)

for conferring upon prescribed persons powers of search and inspection for the purposes of this Act;

(k)

for conferring upon prescribed persons power to remove from, or from the foreshore of, any naval waters persons:

(i)

who, in those waters or on the foreshore of those waters, have contravened the regulations; or

(ii)

who, by entering into those waters or onto the foreshore of those waters, have contravened the regulations;

(l)

for prohibiting, restricting or regulating the entry of:

(i)

vessels or persons into any naval waters or any specified part of any naval waters;

(ii)

aircraft or persons into the airspace over any naval waters or any specified part of any naval waters; or

(iii)

aircraft, vehicles or persons onto the foreshore of any naval waters or any specified part of the foreshore of any naval waters;

(m)

for prohibiting, restricting or regulating the doing of any act or thing:

(i)

in any naval waters or any specified part of any naval waters;

(ii)

in the airspace over any naval waters or any specified part of any naval waters; or

(iii)

on the foreshore of any naval waters or any specified part of the foreshore of any naval waters;

(n)

generally for making provision for the proper protection of:

(i)

installations in, or on the foreshore of, any naval waters; and

(ii)

exempt vessels within any naval waters; and

(o)

for prescribing penalties, not exceeding $1,000 or imprisonment for 6 months, for any contravention of, or failure to comply with, the regulations.

(2)

Without limiting the generality of the power of the Governor-General to make regulations under this section, the regulations may:

(a)

prohibit the doing of an act or thing absolutely; or

(b)

prohibit the doing of an act or thing unless the approval of a specified person to the doing of the act or thing has been obtained.