New South Wales Repealed Regulations

This legislation has been repealed.

WATER TRAFFIC REGULATIONS--N.S.W. - REG 15AAA

15AAA Personal watercraft excluded from Sydney Harbour

(1) The driver of a personal watercraft is guilty of an offence against this regulation if the driver drives the personal watercraft on any navigable waters in a personal watercraft exclusion zone.

(2) The owner of a personal watercraft is guilty of an offence against this regulation if the owner permits a person to drive the personal watercraft on any navigable waters in a personal watercraft exclusion zone.

(3) Clauses (1) and (2) do not apply to a personal watercraft that is being driven in accordance with the conditions of an aquatic licence.

(4) Clauses (1) and (2) do not apply to any of the following:

(a) an officer, employee or member of staff of the Waterways Authority constituted by the Ports Corporatisation and Waterways Management Act 1995 acting in the course of his or her employment or duties,

(b) a police officer acting in the exercise of his or her duties,

(c) any other person or class of persons specified by order of the Minister published in the Gazette in circumstances so specified.

(5) A person who commits an offence under clause (1) is disqualified from holding any licence under Part 3A:

(a) for the first such offence-for a period of 2 years after the commission of the offence, or

(b) for the second such offence-for a period of 4 years after the commission of the offence, or

(c) for the third or subsequent such offence-at any time during the life of the person.

The disqualification is in addition to any penalty imposed for the offence.

(6) Clause (5) applies only to offences committed after the commencement of this Regulation.

(7) For the purposes of clause (5), a person is taken to have committed an offence at the time that the person:

(a) is convicted of the offence by a court, or

(b) pays the penalty required by a penalty notice served on the person under section 30D of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the Fines Act 1996 ).

(8) In this regulation:
"personal watercraft exclusion zone" means the waters of Sydney Harbour, and includes the waters of all tidal bays, rivers and their tributaries connected or leading to Sydney Harbour bounded by 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.