New South Wales Consolidated Acts

MARINE SAFETY ACT 1998 - SECT 12

12 Restrictions on operation of vessels in navigable waters during special events by publication of notice

(1) In this section, "special event" means a major race for vessels or other event that may affect the safety of navigation in any particular waters.

(2) The Minister may prohibit or regulate the operation of vessels in specified navigable waters during a special event by public notice.

(3) Such a notice is to be published:

(a) in a newspaper circulating throughout the State or, if the Minister approves in a particular case or class of cases, in a newspaper circulating in the locality concerned, and

(b) in such other manner as the Minister considers appropriate.

(4) The Minister may, by such a notice, exclude vessels from specified areas during the event concerned and impose any other restrictions of a kind that may be imposed under section 11.

(5) An authorised officer may direct a person to cease operating a vessel to which such a notice applies in contravention of the notice.

(6) A person who continues to operate the vessel in contravention of the notice after being directed by an authorised officer to cease doing so is guilty of an offence.

Maximum penalty: 10 penalty units.

(7) Nothing in this section affects any regulation or notice under section 11 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 publication of a notice in accordance with this section is not required until evidence is given to the contrary.