MARINE SAFETY REGULATION 2016

Table of Provisions

PART 1 - PRELIMINARY

• 1 Name of Regulation
• 2 Commencement
• 3 Definitions
• 4 Definition of "vessel" for purposes of Act

PART 2 - SAFETY OF NAVIGATION

Division 1 - Regulations for prevention of collisions at sea or in other navigable waters

• 5 Adoption of international regulations

Division 2 - Other provisions relating to signals and lights on vessels

• 6 Restrictions on making distress signals
• 7 Display of emergency patrol signal

Division 3 - Conduct of persons on board vessels

• 8 Requirements for keeping all parts of the body within a vessel when underway
• 9 Directions to ensure safety of commercial vessel
• 10 Offences by passengers and others on commercial vessels

Division 4 - Provisions relating to operation and securing of vessels

• 11 General provisions that apply to operation of vessels
• 12 Speed restriction where persons under 18 years on vessel
• 13 Requirements in relation to engine power rating
• 14 Requirements when towing or pushing a vessel or object
• 15 Waters in which kitesurfing and sailboarding prohibited
• 16 Exemptions from notices prohibiting or regulating operation of vessels
• 17 Restrictions on wake boats
• 17A Restrictions on time at anchor

Division 5 - Provisions relating to obstruction of navigation

• 18 Obstruction of fairways and channels
• 18A Blocking of channel
• 19 Obstruction of wharves and certain other fixtures
• 20 Restrictions on obstructing vessels
• 21 Restrictions on causing an obstruction, danger or nuisance with objects
• 22 Directions about activities that affect navigation
• 23 Lighting and marking obstructions to navigation
• 24 Disposal of obstructions to navigation
• 25 Obligation on operators if vessels cause an obstruction to navigation
• 26 Obstruction of lighthouses, lightships or dolphins
• 27 Securing vessel to navigation aid or bridge
• 28 Restrictions near certain vessels or machinery
• 29 Restrictions near certain wharves or marine installations
• 30 Restrictions near construction work
• 31 Climbing on vessels
• 32 Restrictions near naval vessels
• 33 Restrictions on securing vessels and interfering with safety equipment

Division 6 - Speed limits for certain areas

• 34 Application of Division where notice applies
• 35 Speed limit for Port of Sydney Central Area
• 36 Speed limit for Port of Sydney Northern Area
• 37 Speed limit for Port of Sydney Western Area
• 38 Speed limit of 8 knots

Division 7 - Requirements relating to distances between vessels and other objects

• 39 Meaning of "safe distance and speed"
• 40 Minimum distances to be maintained
• 41 Restrictions in or near swimming areas
• 42 Special provisions for vessels in the vicinity of vessels operating in chains

Division 8 - Towing, wake boarding and wake surfing

• 43 Towing wake boarders and wake surfers
• 44 Restriction on number of persons being towed, wake boarding or wake surfing
• 45 Restriction on time of day when towing, wake boarding or wake surfing can occur
• 46 Speed restriction where persons being towed is under 18 years
• 47 Observer requirements for towing, wake boarding or wake surfing
• 48 Responsibilities in relation to trailing equipment
• 49 Tow rope and towing device requirements

Division 9 - Personal watercraft

• 50 Personal watercraft behaviour label
• 51 Personal watercraft excluded from Sydney Harbour and its tributaries
• 52 Operation of personal watercraft at any speed
• 53 Operation of personal watercraft between sunset and sunrise

Division 10 - Safe loading of vessels

• 54 Maximum safe loading level of certain vessels
• 55 Maximum safe loading levels for personal watercraft

Division 11 - Impounded recreational vessels

• 55A Storage fee
• 55B Towing fee for impounded vessel
• 55C Disposal of impounded vessels forfeited to the Crown

Division 12 - Alcohol and other drug use

• 55D Analysis of oral fluid, blood and urine samples--prescribed laboratory and authorised laboratory

Division 13 - Miscellaneous safety provisions

• 55E Restrictions on securing vessels near submarine cables
• 55F Diving operations
• 55G Carriage of offensive matter

PART 3 - SPECIAL SAFETY REQUIREMENTS FOR CERTAIN WATERS AND VESSELS

Division 1 - Waterway management

• 56 Operation of commercial vessels in State waters

Division 2 - Navigation requirements for commercial adventure vessels

• 57 Definitions
• 58 Speed requirements for commercial adventure vessels in Port Jackson waters
• 59 Navigation requirements for commercial adventure vessels operating in irregular manner

Division 3 - Requirements for navigation in the vicinity of Lord Howe Island

• 60 Navigation requirements for certain vessels

Division 4 - Requirements for navigation in Sydney Cove

• 61 Requirements for master of vessel operating in Sydney Cove

PART 4 - REQUIREMENTS RELATING TO BUILDERS PLATES FOR CERTAIN RECREATIONAL VESSELS

Division 1 - Preliminary

• 62 Definitions
• 63 Application of Part
• 64 Variation of ABP Standard

Division 2 - Requirements relating to builders plates

• 65 Vessel for sale required to have builders plate
• 66 Builders plate exemptions--available defences
• 67 Persons authorised to approve information on builders plates
• 68 Offences relating to fixing of builders plates on vessels
• 69 Offence relating to approval of information on builders plates
• 70 Builders plate not to be altered unless authorised
• 71 Vessel may not be registered without builders plate

PART 5 - MARINE SAFETY LICENCES

Division 1 - General provisions

• 72 Definition
• 73 Declaration of certain marine safety licences
• 74 Applications for marine safety licences
• 75 Eligibility for licence
• 76 Refusal to issue marine safety licence
• 77 When immediate boat driving licence suspension notice may be issued
• 78 Suspension or cancellation of marine safety licence
• 79 Disqualification of person from holding or obtaining marine safety licence
• 80 Change of particulars to a marine safety licence
• 81 Issue of replacement marine safety licence
• 82 Renewal of marine safety licence
• 83 Return of a marine safety licence
• 84 Cheating or forgery

Division 2 - Vessel registration

• 85 Vessels exempt from registration
• 86 Vessel registration number issued on initial registration of vessel
• 87 Hull identification number requirements
• 88 Boatcode agents
• 89 Alteration of a hull identification number
• 90 Display of vessel registration number
• 91 Removal of vessel registration number
• 92 Personalised vessel registration
• 93 Transfer of registrable vessel ownership
• 94 Disposal of a registrable vessel
• 95 Condition of personal watercraft registration relating to unlicensed operation of watercraft
• 96 Unauthorised operation of vessel

Division 3 - Aquatic licences

• 97 Aquatic activities to be licensed
• 98 Classification of aquatic licences
• 99 Purpose of aquatic licences
• 100 Additional requirements for applications

Division 4 - Boat driving licences

• 101 Classification of boat driving licences
• 102 Certain vessels and persons exempt from requirements relating to boat driving licences
• 103 Licence requirements for hire and drive vessels
• 104 Additional requirements for applications for boat driving licences
• 105 Conditions of boat driving licences
• 106 Restrictions applying to boat driving licence holders under 16 years
• 107 Disqualification of certain persons from holding boat driving licences
• 107A Renewal of boat driving licences

Division 5 - Marine pilot's licences

• 108 Additional requirements for applications for marine pilot's licences
• 109 Conditions of marine pilot's licences

Division 6 - Marine pilotage exemptions

• 109A Recreational vessels exempt from compulsory pilotage
• 110 Additional requirements for applications for marine pilotage exemption certificates
• 111 Conditions of marine pilotage exemption certificates
• 112 Vessels for which marine pilot exemption certificates are not valid

Division 7 - Certificates of local knowledge

• 113 Additional requirements for applications for certificates of local knowledge
• 114 Conditions of certificates of local knowledge
• 115 Vessels for which certificates of local knowledge are not valid

Division 8 - Bar crossings by certain commercial vessels

• 116 Application of Part
• 117 Authorisation required for bar crossings for certain commercial vessels
• 118 Requirements on masters of certain commercial vessels in relation to bar crossings

PART 6 - SAFETY EQUIPMENT AND FACILITIES

Division 1 - Preliminary

• 119 Vessels exempt from certain requirements of Part
• 120 Meaning of "appropriate lifejacket"

Division 2 - Responsibilities of owners and operators of recreational vessels in relation to safety equipment

• 121 Minimum safety equipment to be carried on recreational vessels

Division 3 - Requirements to wear lifejackets

• 122 Application of Division
• 123 Circumstances in which lifejacket must be worn on board certain vessels
• 124 Lifejacket must be worn when crossing coastal bar
• 125 Lifejacket must be worn on personal watercraft
• 126 Lifejacket must be worn by a child less than 12 years of age
• 127 Lifejacket must be worn when being towed by a vessel or when wake boarding or wake surfing
• 128 Lifejacket must be worn when directed by master of a vessel
• 129 General defences

Division 4 - Requirements for hatches and exterior doors

• 130 Hatches and exterior doors--construction
• 131 Hatches and exterior doors--locking

PART 7 - MISCELLANEOUS

• 132 Inspection reports on public ferry wharves
• 133 Maintenance plans for public ferry wharves
134. (Repealed)
• 135 Penalty notice offences and penalties
• 135A Testing and security indicators for approved enforcement devices
• 136 Fees
• 137 No false representation as to whether navigation is restricted in an area
• 138 Exemption on safety or emergency grounds
• 139 Report of certain accidents
• 140 Exemptions by Transport for NSW
• 141 Repeals and savings
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6
• SCHEDULE 7
• SCHEDULE 8
• SCHEDULE 9
• SCHEDULE 10
• SCHEDULE 11
Schedule 12 (Repealed)
• SCHEDULE 13