New South Wales Consolidated Regulations
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MARINE SAFETY REGULATION 2016
- Made under the Marine Safety Act 1998
- As at 8 March 2024
- Reg 308 of 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
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