Maritime (Offences) Amendment Regulations 2003

2003/14

Maritime (Offences) Amendment Regulations 2003


Note

These regulations are administered in the Ministry of Transport.


Pursuant to section 201 of the Maritime Transport Act 1994, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Maritime (Offences) Amendment Regulations 2003.

    (2) In these regulations, the Maritime (Offences) Regulations 19981 are called the principal regulations.

2 Commencement
  • These regulations come into force on 21 March 2003.

3 Schedule 1 amended
  • Schedule 1 of the principal regulations is amended by adding the items set out in the Schedule to these regulations.


Schedule
Items added to Schedule 1 of principal regulations

r 3

ProvisionBrief DescriptionMaximum penalty on summary conviction for individual ($)Maximum penalty on summary conviction for body corporate ($)Infringement fee for individual($)Infringement fee for body corporate ($)
Part 91Navigation safety rules    
Rule 91.4(1)No person in charge of recreational craft may use craft unless sufficient flotation devices for each person are on board1000100
Rule 91.4(6)No person in charge of recreational craft may use craft where risk of safety to persons on board unless every person on board is wearing properly secured personal flotation device1000100
Rule 91.4(7)No person in charge of vessel may use vessel to tow and no person may be towed unless person being towed wears properly secured personal flotation device1000100
Rule 91.5(2)Owner of power driven vessel that is capable of proper speed exceeding 10 knots must not allow any person under the age of 15 years to be in charge of or propel or navigate the vessel10001000100100
Rule 91.6(1)No person may propel or navigate vessel at proper speed exceeding 5 knots within 50 metres of another vessel or raft or person in water, or within 200 metres of shore or structure, or within 200 metres of vessel or raft flying divers flag2000200
Rule 91.6(2)No person may propel or navigate power driven vessel at proper speed exceeding 5 knots while any person is extended over certain parts of vessel1000100
Rule 91.6(3)No person may allow himself or herself to be towed by vessel at proper speed exceeding 5 knots in any circumstances specified in rule 91.6(1)2000200
Rule 91.6(4)No person in charge of vessel may permit vessel to continue without recovering dropped water ski or similar object, or ensuring dropped ski is clearly visible to other water users1000100
Rule 91.7Person who propels or navigates recreational craft must ensure wake of craft does not cause unnecessary danger or risk of damage to other vessels, persons, or structures1000100
Rule 91.8(1)No person in charge of vessel may use vessel to tow any person at speed exceeding 5 knots unless there is at least 1 other person on board who is looking out for person being towed1000100
Rule 91.8(2)No person may allow himself or herself to be towed by vessel unless there is at least 1 other person on board who is looking out for person being towed1000100
Rule 91.9(1)No person may operate, between sunset and sunrise, vessel that is towing any person on water skis or similar object2000200
Rule 91.9(2)No person may allow himself or herself to be towed in the circumstances described in rule 91.9(1)2000200
Rule 91.10(1)No person may propel, navigate, or manoeuvre vessel in access lane except by most direct route and on side of access lane that lies to starboard side of vessel1000100
Rule 91.10(2)No person may, while being towed by vessel in access lane, allow himself or herself or the object that is being towed to travel except by the most direct route and on side of access lane that lies to starboard side of vessel1000100
Rule 91.10(3)No person within access lane may proceed in manner that is dangerous to any vessel or other person in access lane2000200
Rule 91.10(4)No person may obstruct any other person who is using access lane for proper purpose1000100
Rule 91.10(5)No person may use access lane improperly1000100
Rule 91.12(1)No person may obstruct any person who is using reserved area for proper purpose1000100
Rule 91.12(2)No person may use reserved area for improper purpose1000100
Rule 91.13(1)No person may anchor vessel so as to obstruct other vessels or obstruct approach to wharf, pier, or jetty, or to create hazard to other vessels at anchor1000100
Rule 91.13(2)Owner or master of moored vessel must ensure that vessel is securely fastened to dock, wharf or landing place, and that an adequate and safe means of access to vessel is provided1000100
Rule 91.13(3)No person may place any obstruction in any waters that is likely to restrict navigation, or cause injury or death to any person, or damage any vessel or property1000100
Rule 91.14(1)No person may tie vessel to navigation aid without appropriate written permission1000100
Rule 91.14(2)No person may damage, remove, or interfere with navigation aid2000200
Rule 91.15Master of vessel must not allow vessel to approach within 200 metres of vessel showing flag B by day or red all round light by night or defence area1000100
Rule 91.16(1)Master of vessel under 500 gross tonnage must not impede navigation of vessel of 500 gross tonnage or more if vessels in harbour area2000200
Rule 91.17Person in charge of vessel on river must—
  • (a) ensure vessel keeps to starboard side of river channel; and

  • (b) if going upstream, give way to vessel coming downstream; and

  • (c) not operate vessel unless river and weather conditions permit safe operation of vessel

1000100
Rule 91.18(1)Master of vessel that has on board, or intends to load or unload, 27 kilograms or more of explosives in harbour area must display code flag B by day and all round red light at masthead or where it can best be seen by night1000100
Rule 91.18(2)Master of tanker in harbour area must display code flag B by day and all round red light at masthead or where it can best be seen by night1000100
Rule 91.18(3)Person diving from vessel must ensure that flag A is displayed so it can be clearly identified by watchkeeper of another vessel at distance in excess of 200 metres1000100
Rule 91.18(4)Master of vessel from which dive operations are in progress must ensure flag A is displayed so it can be clearly identified by watchkeeper of another vessel at distance in excess of 200 metres1000100

Marie Shroff,

Clerk of the Executive Council

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 21 March 2003, amend Schedule 1 of the Maritime (Offences) Regulations 1998 by specifying in that schedule—

  • the breaches of provisions in new part 91 of the Maritime Rules (which relates to navigation safety) that constitute offences; and

  • the maximum conviction on summary conviction in respect of each of those offences; and

  • the infringement fee in respect of each of those offences.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 20 February 2003.


  • 1 SR 1998/444