Northern Territory Repealed Regulations

This legislation has been repealed.

MARINE (SMALL CRAFT) REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

MARINE (SMALL CRAFT) REGULATIONS

As in force at 7 August 2002

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 7 August 2002. Any amendments that commence after that date are not included.

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MARINE (SMALL CRAFT) REGULATIONS

Regulations under the Marine Act

1. Citation

These Regulations may be cited as the Marine (Small Craft) Regulations.

1A Definitions

In these Regulations, unless the contrary intention appears:

diver means a person underwater using diving aids or equipment but does not include a person using a snorkel.

small craft has the same meaning as in section 210(2) of the Act.

1. Closure of Northern Territory waters

(1) The Minister may, by notice in the Gazette, declare, for the purposes of holding a regatta, competition, carnival or other event, except an owner of a small craft whose entry has been accepted by the persons holding the regatta, competition, carnival or other event, for a period of not more than 48 hours, any Northern Territory waters to be closed to any other small craft.

(2) A member of the Police Force may prevent a small craft from entering or remove a small craft from any Northern Territory waters which have been, by a notice under subregulation (1), closed.

(3) A person, other than the owner of a small craft whose entry has been accepted by the persons holding a regatta, competition, carnival or other event, shall not navigate a small craft in Northern Territory waters which have been, by a notice under subregulation (1), closed.

Penalty: 100 penalty units.

1. Reckless navigation

A person must not navigate or use a small craft carelessly, negligently, recklessly or at a speed or in a manner that is dangerous to or likely to cause injury to a person or damage to property (including the small craft).

Penalty: 30 penalty units.

1. Divers

(1) A diver operating from a vessel must ensure, at all times while the diver is in the water, that there is displayed on the vessel, so as to be visible to a person approaching the vessel from any direction, a rigid replica of the International Code Flag "A" denoting that a diver is operating in the area.

(2) A diver operating from a vessel must ensure at all times while the diver is in the water that there is a person on the vessel.

(3) A person referred to in subregulation (2) must maintain a proper watch at all times while a diver is in the water.

(4) A diver who is not operating from a vessel must, at all times while the diver is in the water, tow a float displaying a rigid replica of the International Code Flag "A" denoting that a diver is operating in the area.

(5) A diver must not display a rigid replica of the International Code Flag "A" denoting that a diver is operating in an area unless the dimensions of the flag are:

(a) in respect of a flag displayed under subregulation (1) – not less than 100 centimetres x 100 centimetres; or

(b) in respect of a flag displayed under subregulation (4) – not less than 25 centimetres x 25 centimetres.

Penalty: 20 penalty units.

1. Restricted areas

A person must not navigate a small craft:

(a) at a speed exceeding 5 nautical miles per hour within 30 metres of a person bathing;

(b) at a speed exceeding 5 nautical miles per hour within 150 metres of the water's edge at the time at a beach between the following specified points:

(i) Nightcliff Beach – between the northwesterly prolongation of the northeastern boundary of Lot 1842 Town of Nightcliff and the northwesterly prolongation of the northeastern boundary of Banksia Street;

(ii) Fannie Bay – between a line southwest from Dudley Point and a line bearing 288 degrees true from a point at the intersection of the westerly prolongation of the southern boundary of Gregory Street and high water mark;

(iii) Mindil Beach – between a line due west from the northwestern corner of Lot 5670 Town of Darwin and a line due north from the most northern corner of Lot 6394 at Myilly Point;

(c) at a speed exceeding 5 nautical miles per hour through or in a mooring area or within 30 metres of a moored vessel;

(d) at a speed exceeding 5 nautical miles per hour within 100 metres of a jetty, wharf or commercial shipping and cargo area; or

(e) at speed that the wash from the vessel endangers the safety of a person, boat or structure.

Penalty: 10 penalty units.

1. Anchoring

(1) The master or other person in charge of a small craft must not anchor or permit the small craft to be anchored:

(a) in a shipping channel except in an emergency;

(b) in a declared pilotage area outside the Port of Darwin except in an emergency;

(c) near or at the approach to a wharf or jetty in a position that obstructs another vessel approaching or leaving the wharf or jetty; or

(d) within 100 metres of a water ski jump.

(2) The master or other person in charge of a small craft must not anchor or permit the small craft to be anchored in a position that obstructs the passage of another vessel.

Penalty: 20 penalty units.

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 LIST OF AMENDMENTS

r 1A ins No. 23, 2002, r 1

r 2 amd No. 16, 2001

rr 3 – 6 ins No. 23, 2002, r 2