New South Wales Consolidated Regulations

MANAGEMENT OF WATERS AND WATERSIDE LANDS REGULATIONS--N.S.W. - REG 4

4 Definitions

(1) In these Regulations, except in so far as the context or subject matter otherwise indicates or requires:
"Act" means the Maritime Services Act 1935 .
"Blast" means a loud and distinctive sound produced by a whistle, siren, fog horn or similar instrument.
"Carry" means to have on board, whether as cargo or fuel for any engine or machine, but does not include the keeping of any substance, in accordance with general maritime practice and with all proper precautions, in the magazine of a vessel or the keeping or use of any substance, in accordance with general practice and with all proper precautions, in a vessel’s galley, hospital or dispensary.
"Channel" means that part of an area of navigable waters which is best suited for the navigation through such area of vessels, or as the case may require of a vessel of the class concerned, whether or not such channel is indicated by navigation marks and whether or not the same has been provided by dredging.
"Dredger" means any vessel used for the purpose of removing from the bed of waters any material or article, whether for the purpose of deepening such waters or otherwise, and includes any vessel secured in any navigable waters for the purposes of carrying out works therein.
"Enclosed water" means any port or any inland navigable water within the State of New South Wales, and includes any building or other structure erected therein.
"Fairway" means that part of an area of navigable waters which is usually used by vessels, or as the case may require by vessels of the class concerned, for navigation through such area.
"Floating object" includes timber or other floating cargo or goods and any raft or any aggregation of timber, floating cargo or goods.
"Holder", in relation to any licence or registration certificate issued under these Regulations, includes the legal personal representative of the holder.
"Houseboat" means a vessel or floating object, other than a seagoing ship or a visiting small craft (within the meaning of Regulation 34A), inhabited as a dwelling in the course of any six consecutive months for a period exceeding:

(a) one period of not more than twenty-one consecutive days,

(b) two periods of not more than ten consecutive days each,

(c) a number of periods:

(i) each of not less than one day,

(ii) none of which exceeds three days,

(iii) each of which is separated from any other by an interval of at least three clear days,

the total of which is not more than thirty-one days,

(d) notwithstanding paragraphs (a), (b) and (c):

(i) one period of not more than twenty-one consecutive days, and

(ii) a number of periods calculated in accordance with paragraph (c) the total of which is not more than thirty-one days, or

(e) notwithstanding paragraphs (a), (b) and (c):

(i) two periods of not more than ten consecutive days each, and

(ii) a number of periods calculated in accordance with paragraph (c) the total of which is not more than thirty-one days.

"Lighter" includes a floating crane, floating sheerlegs and other floating plant.
"Long blast" means a blast continued for from four to six seconds.
"Managed land" means any land vested in the Board or under its control or management, and includes any building or other structure erected thereon.
"Mooring apparatus" means a mooring, or a structure or an apparatus used to secure any floating object or apparatus in navigable waters whether or not that structure or apparatus is itself beyond the shores of the water, and whether or not that structure or apparatus is, or is proposed to be, used for any other purpose.
"naval vessel" means a vessel used by an arm of the Defence Force of Australia or by the naval, military or air forces of a country other than Australia.
"Notice" means a notice in writing and, when expressed to be given by the Board, means a notice signed by the Secretary of the Board.
"Obstruction to navigation" means:

(a) a wharf, bridge, breakwater, heavy mooring buoy, dolphin, pile or buoy in, on or over the bed of any navigable waters, or

(b) any other structure or floating object that the Board considers to be a hazard to navigation on any navigable waters.

"Occupation licence" means a licence issued by the Board for the occupation of a specified locality in navigable waters by any floating object, apparatus or vessel of a specified class.
"Oil" includes any kind of liquid, viscid, unctuous, inflammable, chemically neutral substance which is lighter than and insoluble in water and soluble in alcohol and ether, and includes any derivatives of oil and oil mixed with water.
"Pittwater locality" means the body of water lying south of a line commencing at the northernmost point of Barrenjoey Head and running west to a point on the eastern shore of the Lambert Peninsula in the vicinity of West Head, including the waters of all tidal bays, rivers and their tributaries connected or leading to that body of water bounded by mean high water mark.
"Public wharf" means any wharf open to or used by the public and includes any shipping wharf in a special port.
"Seagoing ship" means a vessel of length more than 45.72 m which carries persons or goods on a voyage to or from a port from or to another port.
"Secure" in relation to a vessel, floating object or apparatus means to retain in a location by an anchor, or by attachment to any object, structure or physical feature which is in, on the bed of, or in the vicinity of the shore of, any waters, and "secured" has a corresponding meaning.
"Shipping area" means any shipping wharf in a special port area and any managed land in or in the vicinity of a special port area used for any shipping operation.
"Shipping berth" means a wharf, dolphin, or other installation or mooring used by a seagoing ship for the shipment or unshipment of persons or goods.
"Shipping mooring" means a buoy, dolphin or other mooring provided for seagoing ships.
"Shipping wharf" means a wharf used by seagoing ships.
"Short blast" means a blast sounded for about one second.
"Ski-free" means a vessel which is propelled by mechanical power and which is capable of towing a water skier or aquaplaner who is able to operate the vessel by remote control.
"Special port" means:

(a) the Port of Sydney,

(b) the Port of Newcastle,

(c) the Port of Botany Bay,

(d) the Port of Port Kembla,

(e) the port of Richmond River,

(f) the port of Clarence River,

(g) the port of Coffs Harbour, and

(h) the port of Twofold Bay.

"Special port area" means a special port and any managed land adjoining or adjacent to such port.
"Structure" includes any post, pile, stake, fence, pipe, chain, cable or wire, that is fixed to the soil or to anything fixed to the soil, any rubble or reclamation, and any other article, material or thing that is so fixed.
"Substance" means any solid, liquid or gas.
"Sydney Harbour (Eastern) locality" means all those parts of Sydney, North and Middle Harbours, commencing at the southernmost point of North Head, then southerly, by an imaginary line to the northernmost point of South Head, then generally southerly by mean high water mark to, and then along in a northerly direction the line of the face of the eastern side of the Sydney Harbour Bridge, to the mean high water mark at Kirribilli, then generally easterly and northerly, by mean high water mark, to, and then along in a northerly direction the line of the eastern face of the Spit Bridge to the mean high water mark at Seaforth, then by mean high water mark, generally easterly, to the point of commencement.
"Sydney Harbour locality" means the waters of Sydney Harbour, including the waters of all tidal bays, rivers and their tributaries connected or leading to the Harbour bounded by mean high water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head.
"Sydney Harbour (Western) locality" means:

(a) all those parts of Middle Harbour below mean high water mark which lie upstream of the line of the face of the eastern side of the Spit Bridge, and

(b) all those parts of Sydney Harbour which lie below mean high water mark, together with the Parramatta, Lane Cove and Duck Rivers and all of the tidal rivers, creeks, bays and tributaries of those rivers, which lie upstream of the line of the eastern face of the Sydney Harbour Bridge.

"Tanker" means a vessel constructed or adapted for carrying a cargo of liquid or gas in bulk.
"Tug" means any vessel used to tow a vessel or a floating or submerged object.
"Wharf" includes pier, jetty, landing stage, dock, slip and platform.

(2) Where a Regulation requires a number or other symbols to be painted on a vessel, structure or sign, that requirement shall be satisfied if the number is securely and permanently affixed in the form of figures or symbols composed of a durable plastic or similar material attached in a manner satisfactory to an officer of the Board.

(3) A reference in these Regulations to navigable waters is taken to include a reference to any building or other structure erected in or on those waters.