HARBORS AND NAVIGATION ACT 1993 - SECT 4
HARBORS AND NAVIGATION ACT 1993 - SECT 4
(1) In this Act,
unless the contrary intention appears—
"Adelaide Dolphin Sanctuary" has the same meaning as in the
Adelaide Dolphin Sanctuary Act 2005 ;
"adjacent land" means—
(a) land
extending from the low water mark on the seashore to the nearest road or
section boundary, or to a distance of 50 metres from high water mark
(whichever is the lesser distance); or
(b) land
extending from the edge of any other navigable waterway or body of water in
the State to the nearest road or section boundary or for a distance of 50
metres (whichever is the lesser),
(but does not include land vested in fee simple in any person other than the
Minister or land withdrawn from the Minister under the transitional
provisions);
"alcotest" means a test by means of apparatus approved for the purpose of
conducting alcotests under the Road Traffic Act 1961 ;
"analyst" means a person who is an analyst for the purposes of the
Road Traffic Act 1961 ;
"approved blood test kit" means a kit of a kind declared under the
Road Traffic Act 1961 to be an approved blood test kit;
"authorised person" means a person appointed under Part 2 or a police officer;
"boat operator's licence" means a boat operator's licence issued under Part 7;
"breath analysing instrument" means apparatus of a kind approved as a
breath analysing instrument under the Road Traffic Act 1961 ;
"breath analysis" means an analysis of breath by means of a
breath analysing instrument;
"category 1 offence" means an offence against section 70(2) involving a
concentration of alcohol of less than .08 grams in 100 millilitres of blood;
"category 2 offence" means an offence against section 70(2) involving a
concentration of alcohol of not less than .08 grams but less than .15 grams in
100 millilitres of blood;
"category 3 offence" means an offence against section 70(2) involving a
concentration of alcohol of not less than .15 grams in 100 millilitres of
blood;
"CE" means the chief executive of the Department;
"commercial vessel" means—
(a) a
domestic commercial vessel; and
(b) a
vessel used for commercial, governmental or research purposes; and
(c) any
other vessel of a class declared by the regulations to be included in the
ambit of this definition,
but does not include a vessel, or a vessel of a class, declared by the
regulations to be excluded from the ambit of this definition;
"crew", of a vessel, includes—
(a) the
operator of the vessel; and
(b) any
other person, or person of a class, declared by the regulations to be a member
of the vessel's crew,
but does not include a person, or a person of a class, declared by the
regulations to be excluded from the ambit of this definition;
"department" means the administrative unit of the Public Service that is,
under the Minister, responsible for the administration of this Act;
"domestic commercial vessel" has the same meaning as in the Marine Safety
(Domestic Commercial Vessel) National Law ;
"drug screening test" means a test by means of an apparatus of a kind approved
under the Road Traffic Act 1961 for the purpose of conducting
drug screening tests;
"excluded vessel" means an excluded vessel within the meaning of
section 6A;
"expiable offence" means an offence against this Act declared by regulation to
be an expiable offence;
"harbor" means—
(a) any
of the harbors mentioned in Schedule 1 (unless declared by regulation not to
be a harbor); or
(b) a
place—
(i)
at which facilities exist for the loading or mooring of
vessels or at which such facilities might be conveniently established; and
(ii)
declared by regulation to be a harbor;
"hospital" means an institution declared under the Road Traffic Act 1961
to be a hospital for the purposes of section 47I of that Act;
"interest" in land means—
(a) any
legal or equitable estate or interest in the land; or
(b) any
easement, right, power, or privilege in, under, over, affecting, or in
connection with, the land;
"jurisdiction" means—
(a) the
State (and, in particular, the navigable waters within its limits); and
(b) so
much of the territorial sea of Australia as is adjacent to the State; and
(c) any
other navigable waters declared by regulation to be within the jurisdiction,
but does not include navigable waters declared by regulation not to be within
the jurisdiction;
"land" includes an interest in land;
"marine park" has the same meaning as in the Marine Parks Act 2007 ;
"master" means the person in charge of a commercial vessel but does not
include a licensed pilot acting as such;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"misconduct" includes negligence;
"navigation" of a vessel includes any movement of the vessel from place to
place whether or not the vessel moves or is moved under its own power;
"navigational aid" means—
(a) a
lighthouse, beacon, buoy, or other mark or structure (whether equipped with a
light or not) intended to be an aid to navigation; or
(b) a
radio beacon or other device intended to be an aid to navigation;
"operator", of a vessel, means—
(a) in
the case of a domestic commercial vessel or any other commercial
vessel—the master of the vessel; or
(b) in
the case of any other vessel—the person in charge of the vessel while
the vessel is underway;
"oral fluid" includes saliva;
"oral fluid analysis" means the analysis of a person's oral fluid to determine
whether a prescribed drug is present in the oral fluid;
"owner", of a vessel, includes—
(a) in
the case of a registered vessel—a person registered on the register as
the owner of the vessel; and
(b) in
the case of a commercial vessel—a charterer of the vessel or an agent of
the charterer and a person who takes the vessel on hire;
"personal watercraft" means a device that—
(a) is
propelled by a motor; and
(b) has
a fully enclosed hull; and
(c) is
designed not to retain water if capsized; and
(d) is
designed to be operated by a person who sits astride, stands, or kneels on the
device,
and includes the device commonly referred to as a jet ski;
"pilot" means a person, who although not a member of a vessel's crew,
temporarily takes control (subject however to the master's overriding
authority) of the vessel's navigation;
"port" means land and waters (which must comprise or include the whole or some
of the land and waters constituting a harbor) constituted as a port by the
regulations;
"port management officer" means—
(a) a
port management officer appointed under section 29; or
(b) an
authorised person;
"port operator" means—
(a) a
person authorised by a port operating agreement to operate a port; or
(b) if
there is no such person—the Minister;
"prescribed alcohol or drug offence" means an offence against Part 10 Division
4;
"prescribed circumstances"—a requirement to submit to an alcotest or
breath analysis under section 71, or a direction to stop a vessel for the
purpose of making such a requirement, is made or given in
prescribed circumstances if the authorised person who makes the requirement or
gives the direction believes on reasonable grounds that the person of whom the
requirement is, or is to be, made has, within the preceding
8 hours—
(a)
committed an offence of a prescribed class; or
(b)
behaved in a manner that indicates that the person's ability to do the
following is impaired:
(i)
operate a vessel; or
(ii)
as a member of the crew of a vessel, engage in duties
affecting the safe navigation, operation or use of the vessel; or
(c) been
involved in an accident as—
(i)
the operator of a vessel; or
(ii)
a member of the crew of a vessel who was, or ought to
have been, engaged in duties affecting the safe navigation, operation or use
of the vessel;
"prescribed concentration of alcohol" means a concentration of .05 grams or
more in 100 millilitres of blood;
"prescribed drug" means a substance declared under the Road Traffic
Act 1961 to be a prescribed drug;
"registered nurse" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the nursing profession as a nurse (other than as a student); and
(b) in
the registered nurses division of that profession;
"subjacent land" means land underlying navigable waters within the
jurisdiction;
"speed", in relation to a vessel, means speed with reference to a stationary
horizontal plane (as distinct from speed through water which may itself be in
motion);
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"vessel" means—
(a) a
craft for use, or that is capable of being used, in navigation by water,
however propelled or moved (including an air cushion vehicle, a barge, a
lighter, a submersible, a ferry in chains and a wing in ground effect craft);
and
(b) a
surf board, wind surf board, personal watercraft, water skis or other similar
device on which a person rides through water; or
(c) a
structure that is designed to float in water and is used for commercial,
industrial or scientific purposes; and
(d) any
other thing declared by the regulations to be included in the ambit of this
definition,
but does not include a craft or other thing declared by the regulations not to
be included in the ambit of this definition;
"wreck" includes an abandoned vessel.
(2) For the purposes
of this Act, a person is taken to operate a vessel if that person—
(a)
rides on a surfboard or water skis or other similar device; or
(b) is
towed by a vessel.
(3) For the purposes
of this Act, the length of a vessel is to be determined in accordance with the
regulations.