New South Wales Repealed Regulations

This legislation has been repealed.

WATER TRAFFIC REGULATIONS--N.S.W. - REG 9

9 Exclusive use of waters

(1) An aquatic licence may authorise the holder thereof to have the exclusive use of any track or course on, or any area of, the navigable waters specified therein for such period or periods as may be so specified.

(2) Where the holder of an aquatic licence:

(a) is authorised by the licence to have exclusive use of any track or course on, or any area of, navigable waters, and

(b) has, not more than 14 days before the first day on which the authority has effect, caused to be published:

(i) in a newspaper circulating in the district in which the navigable waters are situated, and

(ii) where the navigable waters are situated within 120 kilometres of Sydney, Newcastle or Wollongong-in a daily newspaper circulating in Sydney, Newcastle or Wollongong, as the case may require,

a notice which:

(iii) specifies the track, course or area in respect of which the holder of the licence is authorised to have exclusive use, and

(iv) states the days on which and the times during which the authority has effect,

a person shall not, on the days and during the times specified in the notice, navigate any vessel (other than a vessel concerned in the operation or activity to which the licence relates) upon any part of the track, course, or area so specified.

(3) This regulation shall not apply to any person who navigates:

(a) any vessel (other than a vessel which is hired or used in any way for pleasure or recreation) operating in pursuance of the ordinary or commercial activities of the navigable waters concerned,

(b) any passenger ferry vessel on its usual route or timetable for the day, or

(c) any vessel specially authorised by the Minister that operates in accordance with the terms of that authority.

(4) Despite clause (3), but subject to clause (5), this regulation applies to a person who navigates a vessel as referred to in clause (3) (a) or (b) if:

(a) the aquatic licence relates to a major event, and

(b) the aquatic licence provides that the exclusive rights conferred by the licence extend to that person, and

(c) the notice published under clause (2) states that it extends to that person.

(5) This regulation does not apply to a person who navigates a vessel under compulsory pilotage under Part 6 of the Ports Corporatisation and Waterways Management Act 1995 , or a vessel that would be required to be under compulsory pilotage but for the fact that the master of that vessel is the holder of a pilotage exemption certificate under the Marine Pilotage Licensing Act 1971 in relation to that vessel, unless:

(a) the activity to which the aquatic licence relates is a 2000 Olympics aquatic event, or an aquatic event that SOCOG declares to be a test event for the 2000 Olympics, and

(b) the harbour master for the port concerned has given written approval to the notice referred to in clause (2) in relation to the application of the notice to such vessels prior to the notice being published.

(6) In this regulation:
"major event" means:

(a) a 2000 Olympics aquatic event, or

(b) an aquatic event that SOCOG declares to be a test event for the 2000 Olympics, or

(c) the Sydney to Hobart yacht race, or

(d) any other similar aquatic event the Minister declares to be a major event for the purposes of this definition.

"SOCOG" means the Sydney Organising Committee for the Olympic Games constituted by the Sydney Organising Committee for the Olympic Games Act 1993 .