New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 11

11 Speed limits, no wash zones and other restrictions on operation of vessels in navigable waters by display of notice

(1) The Minister may prohibit or regulate the operation of vessels in navigable waters by a notice displayed in or in the vicinity of those waters.

(2) The Minister may, by such a notice, impose any restriction considered appropriate for the safety of the public or for the protection of vessels or other property. In particular, the Minister may impose restrictions on:

(a) the speed of vessels, or

(b) the creation of wash by vessels, or

(c) the mooring or anchoring of vessels, or

(d) the use of vessels for particular purposes.

(3) A notice under this section may apply:

(a) to vessels generally or to any class of vessels specified in the notice, and

(b) at all times or at such times as may be specified in the notice, and

(c) in any other circumstances specified in the notice.

(4) A person who operates a vessel to which a notice under this section applies in contravention of the notice is guilty of an offence.

Maximum penalty:

(a) in the case of a notice restricting the creation of wash by vessels-50 penalty units, or

(b) in any other case-10 penalty units.

(5) The regulations may exempt vessels from compliance with a notice under this section.

(6) The regulations may make provision for or with respect to the admission in evidence and the effect of certificates, in proceedings for offences against this section, of the measurement of the speed or other matter relating to the use of vessels by measuring devices.

(7) Nothing in this section affects any regulation that prohibits or regulates the operation of vessels or any power relating to the navigation or other use of vessels conferred on any person or body by the marine legislation.

(8) In any proceedings for an offence against this section, proof of the display of a notice in accordance with this section is not required until evidence is given to the contrary.