South Australian Numbered Regulations

HARBORS AND NAVIGATION REGULATIONS 2009 (NO 226 OF 2009)

- under the Harbors and Navigation Act 1993

TABLE OF PROVISIONS

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Incorporation of codes and standards
   5.      Application of Commonwealth Act

   PART 2--Administration

   6.      Approvals
   7.      Exclusion of property from vesting in Minister

   PART 3--Exemptions and exclusions from certain provisions of Act

   8.      Royal Australian Navy vessels
   9.      Licences for aquatic activities--River Murray, Adelaide Dolphin Sanctuary and marine parks

   PART 4--Vessels

   10.     Determination of length of vessels

   PART 5--Restricted areas and restrictions on use of certain waters

   11.     Restricted areas
   12.     Special rule in relation to sailing on Port Adelaide River
   13.     Certain vessels not to be operated in unprotected waters

   PART 6--Activities in relation to wharves other than in harbors

           Division 1--Preliminary

   14.     Interpretation

           Division 2--General activities

   15.     Obstructions on wharves
   16.     Obstruction of landing places
   17.     Unauthorised activity on wharf

           Division 3--Vehicles and pedestrians

   18.     Application of Division
   19.     Traffic signs
   20.     Traffic and other directions
   21.     Parking signs and markings
   22.     Removal of vehicles
   23.     Signs
   24.     Permits
   25.     Evidence

   PART 7--Harbors and Ports

           Division 1--Preliminary

   26.     Interpretation
   27.     Definition of harbor boundaries
   28.     Constitution of ports

           Division 2--General activities

   29.     Obstructions on wharves
   30.     Obstruction of landing places
   31.     Unauthorised activity on wharf
   32.     Use of rail trolley
   33.     Removal of stevedoring gear after use
   34.     Directions relating to dangerous or objectionable cargo
   35.     Damage etc caused by cargo
   36.     Discharge of liquid on wharves
   37.     Abandoned cargo
   38.     Unauthorised entry to wharf or contiguous land
   39.     Watch officers in harbors
   40.     Tugs
   41.     Fuel in vehicles etc
   42.     Operation of motors in cargo spaces
   43.     Mooring lines in harbors
   44.     Use of vessel engines in harbors
   45.     Mooring and unmooring of vessels in certain harbors
   46.     Swimming in harbors

           Division 3--Vehicles and pedestrians

   47.     Application of Division
   48.     Traffic signs
   49.     Traffic and other directions
   50.     Parking signs and markings
   51.     Removal of vehicles
   52.     Signs
   53.     Permits
   54.     Evidence

           Division 4--Records

   55.     Notice of entry
   56.     Certain papers to be produced
   57.     Notice of leaving
   58.     Cargo manifests
   59.     Production of documents relating to cargo

           Division 5--Pilotage

   60.     Licensing of pilots--qualifications
   61.     Duration of pilot's licence
   62.     Pilotage exemption certificates
   63.     Duration and renewal of pilotage exemption certificates
   64.     Application for pilot's licence or pilotage exemption certificate
   65.     Replacement licences and certificates
   66.     Obligations of pilot or master
   67.     Records to be kept by holder of pilotage exemption certificate
   68.     Compulsory pilotage

   PART 8--Crewing

           Division 1--Preliminary

   69.     Interpretation
   70.     Positions of responsibility
   71.     Key positions on vessels
   72.     Vessels to which crewing requirements apply

           Division 2--Fishing vessels

   73.     Minimum crewing for fishing vessels
   74.     Breach by crew of minimum qualifications requirement

           Division 3--Trading vessels

   75.     Breach by crew of minimum qualifications requirement

           Division 4--Applications for exemptions

   76.     Application for exemption from crewing requirements

   PART 9--Certificates of competency etc

           Division 1--Preliminary

   77.     Vessels in relation to which certificates of competency required
   78.     Classes of certificates of competency

           Division 2--Applications under this Part

   79.     Applications under this Part

           Division 3--Provisions applying to certificates of competency for recreational vessels and special permits

   80.     Exemptions from section 47 of the Act
   81.     Requirements for applicants for boat operator's licence
   82.     Endorsement of boat operator's licence
   83.     Special permits
   84.     Issue of temporary boat operator's licence
   85.     Obligations of holder of boat operator's licence or special permit
   86.     Replacement boat operator's licence or special permit

           Division 4--Provisions applying to certificates of competency for commercial vessels

   87.     Requirements for applicants for certificates of competency
   88.     Duration of certificate of competency of a class appropriate to a trading vessel
   89.     Re-validation of certificates of competency of a class appropriate to a trading vessel
   90.     Endorsement of certificates of competency
   91.     Obligations of holder of certificate of competency
   92.     Replacement certificate of competency

           Division 5--Recognition of experience and qualifications etc

   93.     Equivalent experience and qualifications etc
   94.     Recognition of other qualification as equivalent of certificate of competency

   PART 10--Hire and drive vessels

           Division 1--Preliminary

   95.     Interpretation
   96.     Application of Part 8 of the Act
   97.     Exemptions from certain provisions of Act

           Division 2--Licences

   98.     Application for licence
   99.     Limitations etc on granting licence
   100.    Duration of licence
   101.    Transfer of licence
   102.    Replacement licence

           Division 3--Certificate of inspection

   103.    Inspections of hire and drive houseboats
   104.    Application for inspection
   105.    Inspections
   106.    Certificate of inspection
   107.    Cancellation of certificate of inspection

           Division 4--Obligations of owners of hire and drive vessel

   108.    Records etc to be kept available for inspection
   109.    Vessel not to be hired out nor possession handed over in certain circumstances
   110.    Information and instructions to be given to hirers
   111.    Duties of licence holder
   112.    Duty to report certain incidents to CEO

           Division 5--Obligations of hirer of hire and drive vessel

   113.    Use of hire and drive vessels

   PART 11--Registration, certificates of survey, loadline certificates and Australian Builders Plates

           Division 1--Preliminary

   114.    Interpretation

           Division 2--Provisions applying to recreational vessels

              Subdivision 1--Registration of vessels

   115.    Application for registration
   116.    Grant of registration
   117.    Certificate of registration and registration label
   118.    Marking of vessel
   119.    Registration label
   120.    Transfer of registration
   121.    Refund of registration fees
   122.    Replacement certificates of registration and registration labels
   123.    Notification of change of address

              Subdivision 2--Temporary registration

   124.    Temporary registration

              Subdivision 3--Cancellation of registration etc

   125.    Cancellation of registration
   126.    Return of certificate of registration or registration label

              Subdivision 4--Exemptions from requirement that vessel be registered

   127.    Application for exemption
   128.    Exemptions from requirement to be registered and marked

              Subdivision 5--Trade plates

   129.    Trade plates
   130.    Return of trade plates, certificates of issue of trade plates or trade plate labels
   131.    Replacement trade plates, certificates of issue of trade plates or trade plate labels

              Subdivision 6--Hull identification numbers (HIN)

   132.    Interpretation
   133.    Fixing HIN plates to vessels
   134.    Unauthorised removal of a HIN plate
   135.    Appointment of boat code agents
   136.    Boat code examiners
   137.    Adding letters and numbers to HIN
   138.    Forming a HIN into the fabric of a vessel
   139.    Interim boat code certificate
   140.    Boat code certificate
   141.    Register of HINs and vessels

              Subdivision 7--Australian Builders Plate

   142.    Interpretation
   143.    Vessels to which Part 9 Division 4 of Act applies
   144.    Australian Builders Plate
   145.    Certain vessels declared to be constructed before commencement of section 64B of the Act
   146.    Modification of ABP Standard

           Division 3--Provisions relating to commercial vessels

              Subdivision 1--Certain commercial vessels to be registered

   147.    Certain commercial vessels to be registered

              Subdivision 2--Certificates of survey

   148.    Vessels requiring certificate of survey
   149.    Application for certificate of survey
   150.    Certificate of survey to be displayed
   151.    Replacement certificates of survey
   152.    Notification of change of address etc
   153.    Application for consent to alter vessel
   154.    Application for exemption from requirement to be surveyed

              Subdivision 3--Loadline certificates

   155.    Vessels requiring a loadline certificate
   156.    Application for loadline certificate
   157.    Loadline certificate to be kept on board
   158.    Replacement loadline certificates
   159.    Marking requirements
   160.    Application for exemption from requirement to have a loadline certificate

              Subdivision 4--Miscellaneous

   161.    Equivalent requirements
   162.    Recognition of other certificates etc as certificates of survey and loadline certificates

   PART 12--Safety

           Division 1--Structural and equipment requirements

   163.    Structural and equipment requirements for vessels
   164.    Emergency position indicating radio beacons (EPIRBs)

           Division 2--General rules of navigation

   165.    Navigation at sea
   166.    Navigation in inland waters
   167.    Navigation in rivers and channels

           Division 3--Speed restrictions

   168.    Speed restrictions

           Division 4--Rules of special application to recreational vessels

   169.    Personal flotation devices to be worn on certain recreational vessels
   170.    Personal watercraft must display approved notice
   171.    Personal watercraft only to be used during certain hours
   172.    Means of escape from recreational vessel
   173.    Excess persons on recreational vessel

           Division 5--Communication rules for commercial vessels

   174.    Communication with coast station
   175.    Radio watch
   176.    Log-book of distress calls received

           Division 6--Water skiing and similar activities

   177.    Obligations of person towed by vessel
   178.    Obligation of person being towed
   179.    Obligation of operator of vessel towing a person
   180.    Obligation of operator of vessel around water skiers etc
   181.    Operating another vessel too close to person being towed

           Division 7--Diving signals

   182.    Signal when divers working

           Division 8--Fishing nets, yabbie pots and set lines

   183.    Interpretation
   184.    Mesh nets and set lines
   185.    Drop nets, drum nets, hoop nets, shrimp traps and yabbie pots
   186.    Positioning of fishing apparatus
   187.    Offence of using fishing apparatus contrary to this Division

           Division 9--Rules for certain bridges

   188.    Birkenhead Bridge
   189.    Port River Expressway Bridges
   190.    Exemptions
   191.    Hindmarsh Island Bridge
   192.    Jervois Bridge
   193.    Kingston Bridge
   194.    Paringa Bridge

           Division 10--Miscellaneous

   195.    Vessels excluded from vicinity of oil rigs
   196.    Vessels excluded from vicinity of vessels engaged in transfer of petroleum
   197.    Vessels excluded from vicinity of transhipment points in Spencer Gulf
   198.    Nuisance
   199.    Use of spot lights
   200.    Emissions and discharges
   201.    Work involving flame or flash
   202.    Misuse of signals
   203.    Smoking and use of combustion equipment in hold
   204.    Gangways
   205.    Anchors not to be used in certain areas
   206.    General defence

   PART 13--Accidents

   207.    Minor accidents involving vessels need not be reported
   208.    Particulars required in accident report

   PART 14--Boat havens

   209.    Interpretation
   210.    Moorings not to be laid without approval
   211.    Permit to moor vessel in boat haven
   212.    Cancellation of permits
   213.    Orders
   214.    Removal of vessel and disposal of vessel if unclaimed

   PART 15--Recreational Boating Facilities Fund

   215.    Facilities levy
   216.    Recreational Boating Facilities Fund
   217.    Boating Facility Advisory Committee

   PART 16--Miscellaneous

   218.    Discharging ballast water prohibited in specified waters
   219.    Directions relating to ballast water
   220.    Court of Marine Enquiry assessors
   221.    False statements
   222.    Notices
   223.    Signs
   224.    Waiver, remission and reduction of fees and payment in instalments
           SCHEDULE 1--Smooth and partially smooth waters
           SCHEDULE 2--Operational areas for restricted vessels
           SCHEDULE 3--Definition of harbor boundaries
           SCHEDULE 4--Ports
           SCHEDULE 5--Restricted areas
           SCHEDULE 6--Minimum requirements as to the number and respective qualifications of crew of fishing
           SCHEDULE 7--Certificates of competency--trading vessels operating solely on River Murray or inland
           SCHEDULE 8--Structural and equipment requirements for hire and drive houseboats
           SCHEDULE 9--Structural and equipment requirements for vessels
           SCHEDULE 10--Speed restrictions in certain waters
           SCHEDULE 11--Recreational vessels without compliance plate: maximum number of persons
           SCHEDULE 12--Boat havens
           SCHEDULE 13--Notice requirements
           SCHEDULE 14--Fees and levies