New South Wales Consolidated Regulations

MANAGEMENT OF WATERS AND WATERSIDE LANDS REGULATIONS--N.S.W. - REG 43A

43A Improper use of private mooring apparatus

(1) In this Regulation "licensed vessel" means a vessel in respect of which a class 1, class 2 or class 3 occupation licence is effective.

(2) If any vessel in any navigable waters is secured to mooring apparatus used for securing a licensed vessel and is not the licensed vessel, both the owner and the master of the vessel so secured shall be guilty of an offence against these Regulations whether or not the vessel was so secured with the consent of the holder of the licence concerned and whether or not it was so secured in the course of a normal incident of a voyage.

(2A) If:

(a) any vessel in any navigable waters is secured to mooring apparatus used for securing a licensed vessel and is not the licensed vessel, and

(b) the holder of the licence for the licensed vessel gave consent to the other vessel being so secured,

the holder is guilty of an offence against these Regulations.

(3) Clauses (2) and (2A) do not apply to and in respect of the temporary securing to the mooring apparatus used for securing a licensed vessel of a vessel used to obtain access to that licensed vessel whilst that licensed vessel is used for navigation.