New South Wales Repealed Regulations

This legislation has been repealed.

WATER TRAFFIC REGULATIONS--N.S.W. - REG 2

2 Definitions

(1) In these Regulations:
"Aquaplaner" means a person who is being conveyed on, in or above any navigable waters by maintaining himself on flotation or aerial equipment which is attached to towing apparatus connected to a vessel, whether or not such person or equipment is at the time in contact with or directly over such navigable waters.
"Aquatic licence" means a licence referred to in regulation 8 (1).
"Commercial vessel" means a vessel to or in relation to which the Commercial Vessels Act 1979 applies and includes a vessel, or a vessel of a class of vessels, in respect of which an exemption notice has been given or published under section 48 of that Act.
"Designated surf zone" means such part of navigable waters as is within an area designated for use by swimmers, or for users of surfboards and other paddle craft, by means of surf patrol flags or signs, where the boundaries of the zone comprise:

(a) the shore between the flags or signs, and

(b) imaginary lines running from the flags or signs perpendicular to the shore for a distance of 500 metres from the shore, and

(c) an imaginary line running between the ends of those lines.

"Driver" means the person steering a vessel, whether or not such person is also regulating the speed of, and otherwise managing, such vessel.
"Former regulations" means the Control of Navigable Waters and Boating Regulations-N.S.W. published in Government Gazette No 44 of 11 May 1962.
"Holder of the certificate of registration for a vessel" means a person to whom a certificate signifying that a vessel is a registered vessel has been issued by the Minister.
"Hull identification number" means:

(a) a number, in a form and of a size, specified in International Standard No ISO 10087-1995 (E) published by the International Organization for Standardization entitled “ Small craft-Hull identification-Coding system ”, permanently affixed to, and located in the positions on, the hull of a vessel specified by that Standard, or

(b) any other number, approved by the Minister, that is permanently affixed to the hull of a vessel in a form and manner approved by the Minister.

"Length", in relation to a vessel, means the centreline measurement of the hull of the vessel taken from a point at the centre of the top of the bow to a point at the centre of the top of the stern, but excluding bowsprits, outboard motors and other appendages.
"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.
"Officer" means any delegate of the Minister or any officer of such a delegate, and includes any person authorised by the Crown, a Minister of the Crown, or any statutory authority, or by the trustees or other persons in charge of any area used by public recreation, to supervise the activities of the public, and includes any person authorised by the Minister to exercise the powers of an officer in connection with these Regulations.
"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.

"Potential speed" in relation to a power-driven vessel means the greatest speed of which the vessel is capable under its own means of propulsion, when it is carrying only a driver, is in good and efficient condition, mechanically and otherwise, and unaffected by tides, current or winds.
"Registered vessel" means a vessel which at the relevant time is registered pursuant to regulation eleven of these Regulations.
"Registrable vessel" means:

(a) any vessel on navigable waters which is propelled by mechanical power capable of producing a speed of not less than 10 knots,

(b) any sailing vessel or mechanically propelled vessel on navigable waters of not less than 5.5 m in length,

(c) any vessel which is the subject of an occupation licence under the Management of Waters and Waterside Lands Regulations-N.S.W. , or

(d) any vessel occupying any navigable waters by direction of, or with the permission of, the Crown or any person or body lawfully entitled to give such a direction or permission, or

(e) any commercial vessel, or

(f) any personal watercraft,

but does not include any vessel specified in the Fourth Schedule.
"Sailing vessel" means a vessel the primary means of propulsion of which is by sail.
"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.
"Speed" means “speed over the ground”, that is to say, speed measured by reference to the actual distance travelled.
"swimming area" means such part of any port, or of any inland navigable waters, as is within the area designated for use by swimmers and other bathers by signs substantially of the kind illustrated at Figure 1 in Schedule 5, where the boundaries of the area comprise:

(a) the shore between the signs (or, if 3 or more such signs are erected on the shore, the shore between the 2 outmost signs), and

(b) imaginary lines running from the signs perpendicular to the shore for a distance of 60 metres from the shore (or for such shorter distance from the shore as is indicated on the sign), and

(c) an imaginary line running between the ends of those lines.

"Unlicensed" means not at the relevant time licensed under Part 3A.
"Unregistered vessel" means a vessel which at the relevant time is not a registered vessel, whether or not such vessel is registrable.
"Water ski" includes any other vessel used as flotation equipment by a water skier.
"Water skier" means a person who is engaged in maintaining himself in motion on, in, or above any navigable waters by holding to, or attaching himself to a vessel or to towing apparatus connected to a vessel, whether or not such person makes use of any flotation or aerial equipment and whether or not such person or equipment is at the relevant time in contact with or directly over such navigable waters.

(2) Any requirement of these Regulations that a vessel shall have a number painted on it shall be satisfied if the number concerned is securely and permanently affixed to such vessel in the form of figures composed of metal or another strong rigid material and attached to the vessel in a manner satisfactory to any delegate of the Minister or any officer of such a delegate.

(3) A reference in these Regulations to a person who has the control of a vessel is a reference to a person who has the right to decide the possession, disposition and use of the vessel.