New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009

- Made under the Marine Safety Act 1998
- As at 1 November 2011
- Reg 109 of 2009

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Definition of “vessel” for purposes of Act

   PART 2 - SAFETY OF NAVIGATION

           Division 1 - International Regulations for Preventing Collisions at Sea or in other navigable waters

   5.      Adoption of international regulations set out in Schedule 2

           Division 2 - Other provisions relating to signals and lights on vessels

   6.      Restrictions on making distress signals
   7.      Display of emergency patrol signal

           Division 3 - Conduct of persons on board vessels

   8.      Requirements for keeping all parts of the body within a vessel when underway

           Division 4 - Provisions relating to operation and securing of vessels

   9.      General provisions that apply to operation of vessels
   10.     Speed restriction where persons under 18 years on vessel
   11.     Requirements in relation to engine power rating
   12.     Requirements when towing or pushing a vessel or object
   13.     Waters in which kitesurfing and sailboarding prohibited
   14.     Exemptions from notices prohibiting or regulating operation of vessels

           Division 5 - Provisions relating to obstruction of navigation

   15.     Obligation on operators if vessels cause an obstruction to navigation
   16.     Obstruction of fairways and channels
   17.     Restrictions on obstructing vessels
   18.     Restrictions on causing an obstruction, danger or nuisance with objects
   19.     Lighting and marking obstructions to navigation
   20.     Disposal of obstructions to navigation
   21.     Restrictions in relation to lighthouses, navigation aids, vessels and installations
   22.     Restrictions on interfering with machinery, safety equipment and securing vessels

           Division 6 - Speed limits for certain areas

   23.     Application of Division
   24.     Speed limit for Port of Sydney Central Area
   25.     Speed limit for Port of Sydney Northern Area
   26.     Speed limit for Port of Sydney Western Area

           Division 7 - Requirements relating to distances between vessels and other objects

   27.     Meaning of “safe distance”
   28.     Minimum distances to be maintained
   29.     Restrictions in or near swimming areas
   30.     Special provisions for vessels in the vicinity of vessels operating in chains

           Division 8 - Towing of persons

   31.     Restriction on number of persons that can be towed
   32.     Restriction on time of day when towing can occur
   33.     Observer requirements
   34.     Responsibilities in relation to trailing equipment
   35.     Tow rope and towing device requirements

           Division 9 - Personal watercraft

   36.     Personal watercraft behaviour label
   37.     Personal watercraft excluded from Sydney Harbour and its tributaries
   38.     Operation of personal watercraft at any speed
   39.     Operation of personal watercraft between sunset and sunrise

           Division 10 - Safe loading of vessels

   40.     Application of Division
   41.     Maximum safe loading level of certain vessels

   PART 3 - REQUIREMENTS RELATING TO BUILDERS PLATES FOR CERTAIN RECREATIONAL VESSELS

           Division 1 - Preliminary

   42.     Definitions
   43.     Application of this Part
   44.     Variation of ABP Standard

           Division 2 - Requirements relating to builders plates

   45.     Vessel for sale required to have builders plate
   46.     Builders plate exemptions-available defences
   47.     Persons authorised to approve information on builders plates
   48.     Offences relating to fixing of builders plates on vessels
   49.     Offence relating to approval of information on builders plates
   50.     Builders plate not to be altered unless authorised
   51.     Vessel may not be registered without builders plate

   PART 4 - MARINE SAFETY LICENCES

           Division 1 - General provisions

   51A.    Definitions
   52.     Application of Part and declaration of certain marine safety licences
   53.     Applications for marine safety licences
   53A.    Eligibility for licence
   54.     Refusal to issue marine safety licence
   55.     Suspension or cancellation of marine safety licence
   56.     Disqualification of person from holding or obtaining marine safety licence
   57.     Change of particulars to a marine safety licence
   58.     Issue of replacement marine safety licence or vessel registration label
   58A.    Renewal of marine safety licence
   59.     Return of a marine safety licence or label
   60.     Cheating or forgery

           Division 2 - Vessel registration

   61.     Vessels exempt from registration
   62.     Documents issued on initial registration of vessel
   63.     Hull identification number requirements
   64.     Boatcode agents
   65.     Alteration of a hull identification number
   66.     Display of registration number and registration label
   67.     Personalised vessel registration
   68.     Transfer of registered vessel ownership
   69.     Disposal of a registered vessel
   70.     Condition of personal watercraft registration relating to unlicensed operation of vessel
   71.     Unauthorised operation of vessel

           Division 3 - Aquatic licences

   72.     Aquatic activities to be licensed
   73.     Purpose of aquatic licences
   74.     Additional requirements for applications

           Division 4 - Boat driving licences

   75.     Classification of boat driving licences
   76.     Certain vessels and persons exempt from requirements relating to boat driving licences
   77.     Additional requirements for applications for boat driving licences
   78.     Conditions of boat driving licences
   79.     Restrictions applying to young adult licence holders
   80.     Disqualification of certain persons from holding boat driving licences

           Division 5 - Marine pilot’s licences

   80A.    Additional requirements for applications for marine pilot’s licences
   80B.    Conditions of marine pilot’s licences

           Division 6 - Marine pilotage exemption certificates

   80C.    Additional requirements for applications for marine pilotage exemption certificates
   80D.    Conditions of marine pilotage exemption certificates
   80E.    Vessels for which marine pilot exemption certificates are not valid

           Division 7 - Certificates of local knowledge

   80F.    Additional requirements for applications for certificates of local knowledge
   80G.    Conditions of certificates of local knowledge
   80H.    Vessels for which certificates of local knowledge are not valid

   PART 5 - SAFETY EQUIPMENT AND FACILITIES

           Division 1 - Preliminary

   81.     (Repealed)
   82.     Vessels exempt from certain requirements of Part
   83.     Meaning of “lifejacket” and “appropriate lifejacket”

           Division 2 - Responsibilities of owners and operators of recreational vessels in relation to safety equipment

   83A.    Application of this Division
   84.     Minimum safety equipment to be carried on recreational vessels

           Division 3 - Requirements to wear lifejackets

   84A.    Application of this Division
   85.     Circumstances in which lifejacket must be worn on a canoe or kayak
   86.     Lifejacket must be worn when crossing coastal bar
   87.     Lifejacket must be worn on personal watercraft
   87A.    Lifejacket must be worn by a child less than 12 years of age
   87B.    Lifejacket must be worn when being towed by a vessel while engaged in any recreational activity
   87C.    Lifejacket must be worn on vessel in alpine waters
   87D.    Lifejacket must be worn on off-the-beach vessel on open waters
   87E.    Lifejacket must be worn on kiteboard
   87F.    Lifejacket must be worn on small vessel at certain times
   87G.    Lifejacket must be worn when directed by master of a vessel
   88.     Circumstances in which lifejacket must be worn on a sailboard or kiteboard
   89.     General defences
   89A.    Circumstances in which lifejacket Types 2 and 3 will be taken to satisfy requirement for appropriate lifejacket

           Division 4 - Requirements for hatches and exterior doors

   90.     Hatches and exterior doors-construction
   91.     Hatches and exterior doors-locking

   PART 6 - ALCOHOL AND DRUG TESTING

   92.     Security of blood and urine samples taken under Part 2, 3, 4 or 5 of Schedule 1 to the Act

   PART 7 - PENALTY NOTICES

   93.     Penalty notice offences and penalties

   PART 8 - MISCELLANEOUS

   94.     Fees
   95.     No false representation as to whether navigation is restricted in an area
   96.     Report of certain accidents
   97.     Exemption on safety or emergency grounds
   98.     Exemptions by Maritime Authority
   99.     Repeal
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8