MARINE SAFETY ACT 1998 - SECT 11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters

MARINE SAFETY ACT 1998 - SECT 11

11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters

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

(2) The Minister may, by such a notice, impose any restriction considered appropriate for--

(a) the safety of the public, or

(b) the protection of vessels or other property, or

(c) the protection of the environment, or

(d) the amenity of other users of the specified waters or occupiers of land adjoining those waters.

(2A) In particular, the Minister may impose restrictions on--

(a) the speed of vessels, or

(b) the creation of wash by vessels, or

(c) the creation of noise by vessels, or

(d) the mooring or anchoring of vessels, or

(e) the use of vessels for particular purposes, or

(f) the use of vessels in particular areas (including the exclusion of vessels from particular areas).

(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 or the National law.

(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.