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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Marine Safety Legislation (Lakes Hume
and Mulwala) Bill 2001
Contents
Page
Part 1 Preliminary
1 Name and purpose of Act 2
2 Commencement 2
3 Definitions 2
4 Laws associated with marine safety legislation 4
Part 2 Area transferred to Victorian jurisdiction
5 Application of marine safety legislation of Victoria and
associated Victorian laws in transferred New South Wales
area 5
6 Conferral of functions and jurisdiction on Victoria 5
7 Provisions of marine safety legislation of Victoria with
specific application not to apply 5
8 Exclusion of applicable provisions by regulation 6
Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001
Contents
Page
Part 3 Area transferred to New South Wales jurisdiction
9 Application of marine safety legislation of New South
Wales and associated New South Wales laws in
transferred Victorian area 7
10 Conferral of functions and jurisdiction on New South
Wales 7
Part 4 Miscellaneous
11 Appointment of interstate officers 8
12 Act to bind Crown 8
13 Regulations 8
14 Savings and transitional provisions 8
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Marine Safety Legislation (Lakes Hume
and Mulwala) Bill 2001
Act No , 2001
An Act to rationalise the application of the marine safety legislation of New South
Wales and Victoria in Lake Hume and Lake Mulwala on the Murray River border;
and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name and purpose of Act
(1) This Act is the Marine Safety Legislation (Lakes Hume and Mulwala)
Act 2001.
(2) The purpose of this Act is to rationalise the application of the marine
safety legislation of New South Wales and Victoria in Lake Hume and
Lake Mulwala on the Murray River border, which has been submerged
by the creation of those Lakes. Under the combined operation of this
Act and the corresponding Victorian Act, the marine safety legislation
is to have effect as if the border:
(a) included within Victoria all the waters of Lake Hume
downstream of the Bethanga Bridge, and
(b) included within New South Wales all the waters of Lake Hume
upstream of that bridge, and all the waters of Lake Mulwala
(including the waters of the Ovens River north of the Murray
Valley Highway Bridge).
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Definitions
In this Act:
associated laws has the meaning given by section 4.
Bethanga Bridge means the bridge by that name over the Murray
River as at the commencement of this Act, but if that bridge is replaced
after that commencement, means the replacement bridge.
corresponding Victorian Act means the Marine Safety Legislation
(Lakes Hume and Mulwala) Act 2001 of Victoria.
exercise includes perform.
function includes a power, duty or authority.
Page 2
Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001 Clause 3
Preliminary Part 1
Lake Hume means the lake by that name on the Murray River,
comprising the waters from the Hume Weir upstream to the imaginary
line across the Murray River at longitude 147 degrees and 30 minutes
east.
Lake Mulwala means the lake by that name on the Murray River,
comprising:
(a) the waters from the Yarrawonga Weir upstream to the
imaginary line across the Murray River at longitude 146
degrees and 15 minutes east, and
(b) the waters of the Ovens River north of the Murray Valley
Highway Bridge.
law includes unwritten law.
marine safety legislation means the marine safety legislation of New
South Wales and the marine safety legislation of Victoria.
marine safety legislation of New South Wales means the provisions
of the Marine Safety Act 1998 of New South Wales, and the
regulations and other instruments made under that Act, as in force
from time to time.
marine safety legislation of Victoria means the provisions of the
Marine Act 1988 of Victoria, and the regulations and other
instruments made under that Act, as in force from time to time.
Murray Valley Highway Bridge means the bridge, on the Murray
Valley Highway, over the Ovens River as at the commencement of
this Act, but if that bridge is replaced after that commencement, means
the replacement bridge.
transferred New South Wales area means so much of the area
covered for the time being by the waters of Lake Hume downstream
of the Bethanga Bridge as is within the territorial limits of New South
Wales.
transferred Victorian area means:
(a) so much of the area covered for the time being by the waters of
Lake Hume upstream of the Bethanga Bridge, and
(b) so much of the area covered for the time being by the waters of
Lake Mulwala (including the waters of the Ovens River north
of the Murray Valley Highway Bridge),
as are within the territorial limits of Victoria.
Page 3
Clause 4 Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001
Part 1 Preliminary
4 Laws associated with marine safety legislation
(1) For the purposes of this Act, associated laws, in relation to the marine
safety legislation of a State, are the provisions of any laws of that State
concerning a matter arising under that legislation.
(2) Matters arising under marine safety legislation include, for example
(but without limitation) the following:
(a) the investigation and prosecution of offences under that
legislation (including the issue of infringement or penalty
notices), and the arrest, bail, trial and conviction of offenders,
(b) the jurisdiction of courts and tribunals under that legislation,
(c) the procedure before courts and tribunals exercising jurisdiction
under that legislation (including with respect to evidence,
appeals and review),
(d) the payment and recovery of fines, penalties, fees and other
money under that legislation,
(e) the jurisdiction of the Ombudsman with respect to the conduct
of public officials under that legislation,
(f) the access to information held by public officials under that
legislation,
(g) the interpretation of that legislation.
Page 4
Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001 Clause 5
Area transferred to Victorian jurisdiction Part 2
Part 2 Area transferred to Victorian jurisdiction
5 Application of marine safety legislation of Victoria and associated
Victorian laws in transferred New South Wales area
(1) The marine safety legislation of Victoria, and the associated laws of
Victoria, apply in and in relation to the transferred New South Wales
area as if that area were within the territorial limits of Victoria.
(2) The marine safety legislation of New South Wales, and the associated
laws of New South Wales, do not apply in or in relation to the
transferred New South Wales area.
6 Conferral of functions and jurisdiction on Victoria
(1) All persons who have functions conferred or imposed on them for the
purposes of or in connection with the marine safety legislation of
Victoria (or the associated laws of Victoria) have and may exercise
those functions for the purposes of or in connection with that
legislation or those laws, as applying in and in relation to the
transferred New South Wales area by virtue of this Part.
(2) The several courts of Victoria are invested with jurisdiction in all
matters arising under the marine safety legislation of Victoria (or the
associated laws of Victoria), as applying in and in relation to the
transferred New South Wales area by virtue of this Part.
7 Provisions of marine safety legislation of Victoria with specific
application not to apply
(1) Nothing in this Part renders a provision of the marine safety legislation
of Victoria applicable in a particular place:
(a) in so far as the provision is incapable of applying in or in
relation to that place, or
(b) if that legislation expressly provides that the provision does not
extend or apply in or in relation to that place, or
(c) if that legislation expressly provides that the provision applies
only in a specified locality that does not include that place.
(2) A provision of the marine safety legislation of Victoria is not taken to
be a provision to which subsection (1) applies merely because it is
limited in its application to acts, matters or things within the waters
(however described) of Victoria.
Page 5
Clause 8 Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001
Part 2 Area transferred to Victorian jurisdiction
8 Exclusion of applicable provisions by regulation
The regulations under this Act:
(a) may exclude particular provisions of the marine safety
legislation of Victoria or the associated laws of Victoria from
applying in and in relation to the transferred New South Wales
area by virtue of this Part, and
(b) may provide that particular provisions of the marine safety
legislation of New South Wales or the associated laws of New
South Wales are not excluded from applying in or in relation to
the transferred New South Wales area by virtue of this Part.
Page 6
Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001 Clause 9
Area transferred to New South Wales jurisdiction Part 3
Part 3 Area transferred to New South Wales jurisdiction
9 Application of marine safety legislation of New South Wales and
associated New South Wales laws in transferred Victorian area
This Part has effect for the purposes of the provisions of the
corresponding Victorian Act that apply the marine safety legislation of
New South Wales, and any associated laws of New South Wales, in
and in relation to the transferred Victorian area as if that area were
within the territorial limits of New South Wales.
10 Conferral of functions and jurisdiction on New South Wales
(1) All persons who have functions conferred or imposed on them for the
purposes of or in connection with the marine safety legislation of New
South Wales (or the associated laws of New South Wales) have and
may exercise those functions for the purposes of or in connection with
that legislation or those laws, as applying in and in relation to the
transferred Victorian area by virtue of the corresponding Victorian Act.
(2) The several courts of New South Wales are invested with jurisdiction
in all matters arising under the marine safety legislation of New South
Wales (or the associated laws of New South Wales), as applying in and
in relation to the transferred Victorian area by virtue of the
corresponding Victorian Act.
Page 7
Clause 11 Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001
Part 4 Miscellaneous
Part 4 Miscellaneous
11 Appointment of interstate officers
(1) A power under the marine safety legislation of New South Wales to
appoint or authorise a person for the purposes of the enforcement of
that legislation in New South Wales or in the transferred Victorian area
extends to the appointment or authorisation of a person who is a
member of the police force of Victoria or who is employed under
Part 3 of the Public Sector Management and Employment Act 1998 of
Victoria.
(2) A person who is police officer of New South Wales or a member of
the staff of the Waterways Authority of New South Wales (or of any
other authority of New South Wales) may be appointed or authorised
under the marine safety legislation of Victoria for the purposes of the
enforcement of that legislation in Victoria or in the transferred New
South Wales area.
12 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far
as the legislative power of the Parliament of New South Wales permits,
the Crown in all its other capacities.
13 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
14 Savings and transitional provisions
(1) Nothing in this Act limits any other law that provides for the
application of the laws of the State, or any part of those laws, beyond
the limits of the State.
(2) If the Marine Safety Act 1998 of New South Wales has not
commenced before the commencement of this Act, a reference in this
Act to the marine safety legislation of New South Wales is, until that
Act commences, taken to be a reference to the Acts and regulations to
be repealed by Schedule 2 to that Act.
Page 8
Marine Safety Legislation (Lakes Hume and Mulwala) Bill 2001 Clause 14
Miscellaneous Part 4
(3) The regulations may contain other provisions of a savings or
transitional nature consequent on the enactment of this Act.
Page 9
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