New South Wales Consolidated Regulations

MARINE SAFETY (GENERAL) REGULATION 2009 - REG 3

3 Definitions

(1) In this Regulation:
"aerial equipment" means equipment by means of which a person is towed, whether by a vessel or otherwise, over water.
"alpine waters" means:

(a) the waters of:

(i) Lake Burrinjuck, and

(ii) Lake Eucumbene, and

(iii) Lake Jindabyne, and

(iv) Khancoban Pondage, and

(v) the Swampy Plains River, and

(vi) Mannus Lake, and

(vii) Googong Reservoir, and

(viii) Blowering Reservoir, and

(b) all navigable waters within the boundaries of the Kosciuszko National Park.

"appropriate lifejacket" -see clause 83.
"approved" means approved by the Maritime Authority.
"aquatic activity" has the same meaning as in section 18 of the Act.
"aquatic licence" means an aquatic licence issued in accordance with Part 4.
"boat driving licence" means a marine safety licence referred to in section 29 (e) of the Act and issued under Part 4 as any of the following:

(a) a general boat driving licence,

(b) a young adult general boat driving licence,

(c) a personal watercraft driving licence,

(d) a young adult personal watercraft driving licence.

"channel" means an area of navigable waters that, whether or not indicated by navigation marks, provides a passage for vessels.
"council" has the same meaning as in the Local Government Act 1993 .
"current first aid certificate" means a first aid certificate of a type approved by the Maritime Authority that is in force.
"diver" means a person using or carrying self-contained underwater breathing apparatus (scuba) or any other form of breathing apparatus either under or on the surface of the water.
"dolphin" means a free standing pile or cluster of piles, acting as a fender or mooring point.
"dragon boat" means a paddle craft that is carvel constructed and consists of a single hull and a keel tunnel, and is propelled forward by a crew of paddlers using single bladed paddles.
"enclosed waters" means navigable waters within the land mass of New South Wales such as inland and coastal rivers, inland and coastal lakes and similar waters, and enclosed coastal bays and harbours and includes the waters specified in Schedules 1 and 2 to the Marine Safety (Commercial Vessels) Regulation 2010 .
"EPIRB" means an emergency position indicating radio beacon.
"fairway" means that part of an area of navigable waters that is usually used by vessels for navigation through the area.
"ferry" has the same meaning as in the Passenger Transport Act 1990 .

Note: The Passenger Transport Act 1990 currently contains the following definition of "ferry":
"ferry" means a vessel which seats more than 8 adult persons, and includes a vessel of any class prescribed by the regulations for the purposes of this definition.

"fishing vessel" means a vessel that is authorised by the appropriate authority of the State or the Commonwealth or of another State or a Territory to be used wholly or principally for:

(a) the taking, catching or capturing of fish or other living resources of the water for sale, or

(b) the processing or carrying of fish or other living resources of the water so taken, caught or captured.

"floating object" includes any floating cargo, goods or things.
"fuel" means any solid, liquid or gaseous matter intended for use as a fuel in powering a vessel, or carrying out any function on a vessel.
"hull identification number" means a hull identification number referred to in clause 63.
"kiteboard" means any craft used for kitesurfing or an activity that is similar to kitesurfing in which a person is situated on or over water on a board, a ski or skis, and the power of the wind on a controlled kite or similar equipment is used to propel the craft across the water.
"kitesurfing" means an activity in which a person is situated on or over water on a board, a ski or skis or a vessel and the power of a controllable kite, or similar equipment, is used to propel the person across the surface of the water and includes kiteboarding, flysurfing, kitesailing and the like.
"label" includes a sticker or a plate.
"length" of a vessel means the centreline measurement of the hull of the vessel taken from a point at the top of the stern to the top of the bow (but excluding any extension that is not an integral part of the hull, such as a bowsprit, outboard motor bracket or outboard motor pod).
"marine legislation" means any of the following Acts (and the regulations and other instruments made under any of those Acts):

(a) the Act,

(b) Ports and Maritime Administration Act 1995 ,

(c) Marine Pollution Act 1987 ,

(d) Maritime Services Act 1935 ,

(f) Marine Pilotage Licensing Act 1971 ,

(g) Navigation Act 1901 .

"mooring" means an apparatus or structure to which a vessel or floating object may be secured.
"off-the-beach vessel" means an unballasted, sail-only vessel, including a centreboard dinghy, skiff or multihull vessel, but not including a vessel with a cabin or a fixed keel.
"open waters" means navigable waters that are not enclosed waters.
"outrigger canoe" means a single file canoe which possesses a float and lateral support on one or both sides of the main hull and which is designed to carry not more than 6 persons.
"passenger" means any person on board a vessel who is neither the operator nor a member of the crew.
"personal watercraft" means a power-driven vessel that:

(a) has a fully enclosed hull, and

(b) does not retain water taken on if it capsizes, and

(c) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel,

and includes a jet powered surfboard.
"port" means any port (within the meaning of section 84 of the Act) for which the Minister has appointed a harbour master, or a person to exercise the functions of a harbour master, under the Act.
"power-driven vessel" means a vessel powered by mechanical means but does not include a vessel propelled by oars or paddles.
"public wharf" means any wharf open to, or permitted to be used by, the public.
"registered vessel" means a vessel that is the subject of a vessel registration certificate in force under this Regulation.
"relevant fee", in relation to a matter referred to in this Regulation, means the fee specified in Schedule 1 in relation to the matter.
"row boat" means a vessel propelled by oars or paddles that is not a canoe, kayak or rowing shell.
"sailboard" means any craft (other than a kiteboard) used for sailboarding or windsurfing, which is fitted with an apparatus or mechanism that is required to be controlled or operated by the user in order to harness the power of the wind to move the craft.
"sailing vessel" means a vessel operating under sail only.
"seagoing ship" means a commercial vessel of more than 45.72 metres in length that is used or intended to be used to carry cargo or passengers for hire or reward and that normally operates on voyages between ports.
"shipping mooring" means a buoy, dolphin or other mooring provided for seagoing ships.
"special event" has the same meaning as in section 12 of the Act.
"speed" means the speed of a vessel measured by reference to the actual distance travelled over the ground.
"structure" includes any object that is fixed to the earth or seabed, or to another object fixed to the earth or seabed, or any rubble or reclamation.
"tender" means a vessel operating on enclosed waters, other than a canoe or kayak, that is:

(a) not more than 3 metres in length, and

(b) constructed so as to stay afloat when swamped or capsized, and

(c) being used to transport persons or goods for distances of not more than 200 metres between:

(i) the shore and a vessel, or

(ii) the vessel and the shore, or

(iii) vessels.

"the Act" means the Marine Safety Act 1998 .
"tow rope" means a rope or other thing that connects a person being towed, a towing device or a towed apparatus to a power-driven vessel.
"tow-in surfing" means an activity in which a personal watercraft is used to tow a person on a surfboard onto a wave.
"underway" means not at anchor or secured to the shore or ground, and includes drifting.
"vessel in chains" means a ferry, or similar vessel, operating in chains, ropes or cables across a waterway.
"vessel registration label" for a vessel means the vessel registration label issued for the vessel under Division 2 of Part 4.
"wash" means the movement of water created by a vessel.
"wear", in relation to a lifejacket, means wear with all closing or fastening devices such as zippers, buckles and tapes correctly secured.
"wharf" includes a pier, jetty, landing stage, dock, slip or platform.

(2) For the purpose of this Regulation, a recreational vessel being transferred from one location to another is not a commercial vessel (regardless of whether or not money, or other consideration, is received for the transfer) if fare-paying passengers are not being carried on the vessel.

(2A) For the purposes of this Regulation, an outrigger canoe is categorised by the number of persons the canoe carries and a category constitutes one of the following:

(a) OC1 (one person),

(b) OC2 (two persons),

(c) OC4 (four persons),

(d) OC6 (six persons).

(3) In calculating the number of persons on board a vessel for the purpose of this Regulation, children under the age of one year are to be disregarded.

(4) Notes included in this Regulation do not form part of this Regulation.