Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Amendment Regulations 2009

2009/415

Crest

Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Amendment Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of December 2009

Present:
His Excellency the Governor-General in Council

Pursuant to section 699A(2) of the Local Government Act 1974, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

4 New Schedule 1 substituted
  • Schedule 1 is revoked and the Schedule 1 set out in the Schedule of these regulations is substituted.


Schedule 
New Schedule 1 substituted in principal regulations

r 4

Schedule 1
Infringement offences and fees under Wellington Regional Navigation and Safety Bylaws

r 4

ProvisionDescription of offenceFee
($)
cl 2.1.1Failing to carry lifejackets as required100
cl 2.1.5Towing person who is not wearing lifejacket or failing to wear lifejacket while being towed100
cl 2.1.7Failing to ensure all persons in a vessel under 6 metres are wearing a life jacket100
cl 2.1.8Failing to require persons on board to wear lifejackets where danger or risk to their safety200
cl 2.2.1Diving or swimming around wharves or ramps without permission100
cl 2.2.2Failing to display flag A when diving or swimming around wharves or ramps200
cl 2.3.1Operating propulsion system of vessel at wharf or ramp in way that may cause damage or injury100
cl 2.3.2Failing to take specified precautions when testing propulsion system100
cl 2.4.1Failing to keep vessel in seaworthy condition100
cl 2.4.4Operating an unseaworthy vessel200
cl 2.5Impeding seaplane when it is landing or taking off200
cl 2.6.1Anchoring vessel so as to cause obstruction or hazard100
cl 2.6.2Cutting, breaking, destroying, or unlawfully detaching mooring or fastening100
cl 2.6.3Failing to provide safe means of access to vessel200
cl 2.6.4Failing to ensure vessel securely fastened or to have person keep watch if required100
cl 2.7Anchoring in prohibited anchorage100
cl 2.8.1Obstructing access by water to wharf, landing place, boat ramp, slipway, or mooring100
cl 2.8.2Placing obstruction in water if liable to restrict navigation or cause damage or injury200
cl 2.9.1Operating a vessel in breach of Part 22 of the Maritime Rules (Collision Prevention)200
cl 2.10.1Failing to notify Harbourmaster of collision or accident200
cl 2.11.1Tying up to navigation aid or warning without permission100
cl 2.11.2Damaging, removing, defacing, or interfering with navigation aid or warning200
cl 2.11.3Erecting, maintaining, or displaying navigation aid without permission200
cl 2.12.1Using flashing light without permission100
cl 2.13Sounding whistle in breach of requirements100
cl 2.14.1Making distress signal in breach of requirements200
cl 2.15Not having a means of attracting attention if in distress100
cl 3.1.2Allowing under-aged person to operate powered vessel100
cl 3.2.1Exceeding 5 knots close to person, structure, shore, or other vessel200
cl 3.2.2Exceeding 5 knots while persons have portion of body extended over side of vessel100
cl 3.2.3Exceeding 5 knots while being towed close to person, structure, shore, or other vessel200
cl 3.2.4Failing to recover water ski100
cl 3.2.8Failing to ensure wake does not cause unnecessary danger or risk of damage to other person, vessel, or structure200
cl 3.3.3Showing navigation lights that do not comply with requirements200
cl 3.4.1Diving from vessel without flag A being displayed200
cl 3.4.2Failing to display flag A while diving from vessel in progress200
cl 3.4.3Displaying flag A of less than required size100
cl 3.5.1Towing person without lookout100
cl 3.5.2Being towed without lookout100
cl 3.6.1Towing person between sunset and sunrise200
cl 3.6.2Being towed between sunset and sunrise200
cl 3.7.1Failing to take most direct route through access lane100
cl 3.7.3Proceeding dangerously in access lane200
cl 3.7.4Obstructing person in access lane200
cl 3.7.5Using access lane improperly100
cl 3.9.1Obstructing person in reserved area200
cl 3.9.2Using reserved area for purpose other than reserved purpose200
cl 3.10.2Carrying out an activity in a flagged area other than the activity for which the area has been flagged200
cl 3.12.1Placing mooring without licence100
cl 3.12.10Disposing of mooring or allowing other vessel to use mooring without permission100
cl 4.1.1Failing to comply with requirements for a vessel carrying or intending to load explosives200
cl 4.2Vessel carrying Dangerous Goods not displaying flag B or red light100
cl 4.3Approaching within 200 metres of vessel showing flag B or red all-round light100
cl 4.4.2Failing to comply with duties of a Master of a tanker100
cl 4.6.1Failing to obtain permit before carrying out hot work200
cl 4.6.2Failing to take appropriate precautions when carrying out hot work200
cl 4.6.3Commencing hot work without having seen and understood current permit200
cl 4.6.5Commencing hot work before Harbourmaster satisfied that conditions of permit met200
cl 4.7.1Discharging or dropping cargo that constitutes a hazard to navigation200
cl 5.4.1Operating certain commercial vessels without commercial vessel licence100
cl 5.4.2Operating certain commercial vessels while commercial licence suspended100
cl 6.1.1Failing to comply with radio reporting requirements200
cl 6.1.3Transiting harbour entrance during hours of darkness or restricted visibility without ability to communicate with Wellington Harbour Radio200
cl 6.1.4Failing to follow recommended tracks200
cl 6.1.5Failing to join leading line or leading lights as required200
cl 6.1.7Failing to keep listening watch when transiting entrance200
cl 6.2.1Failing to maintain listening watch on commercial vessel200
cl 6.2.2Failure to keep listening watch in restricted visibility or darkness200
cl 6.2.3Failing to comply with specified requirements for navigating in Wellington Harbour200
cl 6.2.4Failing to use all fitted navigational aids200
cl 6.2.5Having insufficient bridge crew200
cl 6.2.8Failing to keep sufficient distance off Kau Point and/or Point Gordon200
cl 6.2.9Failing to make sound signal before leaving berth100
cl 6.3.1Navigating small vessel so as to impede navigation of any vessel of 500 gross tonnage or more200
cl 6.3.2Anchoring too close to recommended tracks100
cl 6.4.1Failing to call prior to planned departure200
cl 6.4.2Failing to report that berth or anchorage cleared200
cl 6.4.3Failing to report that secured at different berth or anchorage100
cl 6.6Failing to use specified navigational document in certain parts of Wellington Harbour200
cl 6.7Failing to report before entering Evans Bay if height of vessel exceeds 24 metres200
cl 6.8.1Exceeding speed limit in Lambton Harbour area200
cl 6.8.3Failing to comply with Harbourmaster's instruction not to exceed specified speed200
cl 6.9Operating non-commercial vessel in commercial area without permission100

Rebecca Kitteridge,
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 the day after the date of their notification in the Gazette, substitute a new Schedule 1 in the Local Government (Infringement Fees for Offences: Wellington Regional Navigation and Safety Bylaws) Regulations 2006, which specifies which breaches of the bylaws are infringement offences for the purposes of section 699A(2) of the Local Government Act 1974. The schedule also specifies the infringement fees for those infringement offences.


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

Date of notification in Gazette: 17 December 2009.

These regulations are administered by the Department of Internal Affairs.