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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