{"id":"F2015L00365","name":"Control of Naval Waters Regulation 2015","slug":"control-of-naval-waters-regulation-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"27 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438263,"registerId":"F2015L00365-fast-fetch-1775954757269","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Control of Naval Waters Regulation 2015","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nControl of Naval Waters Regulation 2015\n\n \n\nSelect Legislative Instrument No. 27, 2015\n\nI, the Honourable Alex Chernov AC QC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.\n\nDated 26 March 2015\n\nAlex Chernov\n\nAdministrator\n\nBy His Excellency’s Command\n\nKevin Andrews\n\nMinister for Defence\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Exempt vessels\n\n7 Entry into, or onto the foreshore of, naval waters\n\n8 Removal from naval waters or the foreshore of naval waters\n\n9 Making vessels fast to forts etc.\n\n10 Superintendent of naval waters may place moorings in those waters\n\n11 Vessels not to anchor near Commonwealth moorings\n\n12 Vessels not to anchor near navigable channels in naval waters\n\n13 Vessels not to be near installations etc.\n\n14 Persons not to be near installations etc.\n\n15 Vessel not to approach installations\n\n16 Vessels not to impede approaches to installations\n\n17 Moorings not to be laid in naval waters without permission\n\n18 Vessels not to anchor near electric cables in naval waters\n\n19 Objects hooking moorings etc. to be cleared under directions of superintendent\n\n20 Crew numbers\n\n21 Refuse etc. not to be deposited in or near naval waters\n\n22 Vessels not to be cleaned without permission\n\n23 Speed of vessels in naval waters\n\n24 Guns not to be discharged\n\n25 Vessels with dangerous cargoes not to enter naval waters without permission\n\n26 Vessels carrying dangerous cargoes to display signals\n\n27 Construction in, or on the foreshore of, naval waters\n\n28 Search and inspection of vessels in naval waters\n\n29 Delegation\n\nSchedule 1—Repeals\n\nControl of Naval Waters Regulations 1922\n\n \n\n1  Name\n\n  This is the Control of Naval Waters Regulation 2015.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under the Control of Naval Waters Act 1918.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) exempt vessel;\n\n(b) installation;\n\n(c) naval waters;\n\n(d) superintendent.\n\n  In this instrument:\n\nAct means the Control of Naval Waters Act 1918.\n\n6  Exempt vessels\n\n  A reference in this instrument to a vessel (other than a reference to an exempt vessel) does not include a reference to an exempt vessel.\n\nNote: Exempt vessel is defined in subsection 2(1) of the Act.\n\n7  Entry into, or onto the foreshore of, naval waters\n\n (1) If the superintendent of any naval waters is satisfied that it is in the interests of:\n\n (a) public safety; or\n\n (b) the safety of property; or\n\n (c) the defence of the Commonwealth;\n\nthe superintendent may, by notice:\n\n (d) prohibit or restrict the entry of vessels or persons into those naval waters or any specified part of those naval waters; or\n\n (e) prohibit or restrict the entry of vehicles or persons onto the foreshore of those naval waters or any specified part of that foreshore.\n\n (2) A prohibition or restriction under subsection (1) may be:\n\n (a) absolute; or\n\n (b) subject to any approval given by the superintendent by notice; or\n\n (c) subject to any conditions imposed by the superintendent by notice.\n\n (3) The superintendent of any naval waters must cause a notice under subsection (1) or paragraph (2)(b) or (c) to be given to such person or persons, in such manner, at such time and in such place as is reasonably required for the protection of the public, or any person who may be affected by the use by the Commonwealth of those naval waters, as the case may be, having regard to:\n\n (a) the purpose for which those waters are used by the Commonwealth; and\n\n (b) the time when those waters are so used; and\n\n (c) the risk of injury to persons; and\n\n (d) the risk of damage to, or interference with, Commonwealth or other property; and\n\n (e) the forms of communication and the time available for giving the notice.\n\n (4) A person commits an offence if:\n\n (a) a notice is given under this section; and\n\n (b) the person engages in conduct; and\n\n (c) the conduct is not in accordance with the notice; and\n\n (d) the person is reckless as to the circumstance in paragraph (c).\n\nPenalty: 5 penalty units.\n\n (5) Strict liability applies to paragraph (4)(a).\n\n (6) Nothing in section 9, 11, 12, 13, 15, 16, 18, 19, 23, 25 or 26 affects the operation of this section.\n\n8  Removal from naval waters or the foreshore of naval waters\n\n  The superintendent of any naval waters may cause to be removed from, or from the foreshore of, those waters:\n\n (a) persons who, in those waters or on that foreshore, have contravened a notice given under this instrument; or\n\n (b) persons who, by entering into those waters or onto that foreshore have contravened a notice given under this instrument.\n\n9  Making vessels fast to forts etc.\n\n (1) The master of a vessel commits an offence of strict liability if:\n\n (a) the master causes or permits the vessel to be made fast to any fort, Commonwealth mooring, buoy, breakwater, jetty, pile, vessel, or exempt vessel in naval waters; and\n\n (b) the master does not have permission from the superintendent of the naval waters to do so.\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (3) The superintendent of the naval waters may give or withhold permission under this section. A permission may be given subject to any terms and conditions the superintendent considers appropriate.\n\n (4) The terms and conditions on which permission may be given may, subject to the approval of the Minister, include the imposition of a charge for making a vessel fast to any fort, Commonwealth moorings, buoys, breakwater, jetties, piles, vessels, or exempt vessels, in the naval waters.\n\n (5) The master of a vessel commits an offence of strict liability if:\n\n (a) the master has been given a permission under this section; and\n\n (b) the master contravenes a term or condition of the permission.\n\nPenalty: 5 penalty units.\n\n (6) Subsection (5) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n10  Superintendent of naval waters may place moorings in those waters\n\n  The superintendent of any naval waters may place in those waters moorings for naval ships, mark buoys, and other aids to navigation, and such other buoys as are required for any purposes in connection with naval or military operations from time to time.\n\n11  Vessels not to anchor near Commonwealth moorings\n\n (1) The master of a vessel commits an offence of strict liability if the master causes or permits the vessel to be anchored or moored:\n\n (a) within 180 metres, or another distance specified by the superintendent, from the centre of a mooring placed under section 10; or\n\n (b) in such a position as to be liable to foul an exempt vessel at a mooring placed under section 10.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n12  Vessels not to anchor near navigable channels in naval waters\n\n (1) The master of a vessel commits an offence of strict liability if:\n\n (a) the vessel is more than 10 metres in overall length; and\n\n (b) the master causes or permits the vessel:\n\n (i) to be anchored; or\n\n (ii) to be left at any time without a ship‑keeper;\n\n  in or near any of the navigable channels of naval waters.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n13  Vessels not to be near installations etc.\n\n (1) The master of a vessel commits an offence of strict liability if:\n\n (a) the master causes or permits the vessel to dredge, loiter, or anchor in naval waters within 100 metres of an installation, exempt vessel or any other vessel; and\n\n (b) the master does not have written permission from the superintendent of the naval waters to do so.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (3) The master of a vessel commits an offence of strict liability if:\n\n (a) the master causes or permits the vessel or a person under his or her control to interfere with an installation in naval waters; and\n\n (b) the master does not have written permission from the superintendent of the naval waters to do so.\n\nPenalty: 10 penalty units.\n\n (4) Subsection (3) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n14  Persons not to be near installations etc.\n\n (1) A person commits an offence of strict liability if the person:\n\n (a) enters or remains in:\n\n (i) naval waters within 100 metres of an installation, an exempt vessel, or any other vessel, in the waters or on the foreshore of the waters; or\n\n (ii) the foreshore of such waters; and\n\n (b) the person does not have written permission from the superintendent of the naval waters to do so.\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (3) A person commits an offence of strict liability if:\n\n (a) the person engages in conduct that interferes with an installation in naval waters or on the foreshore of naval waters; and\n\n (b) the person does not have written permission from the superintendent of the naval waters to do so.\n\nPenalty: 10 penalty units.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n15  Vessel not to approach installations\n\n (1) The master of a vessel commits an offence of strict liability if:\n\n (a) the master causes or permits the vessel to approach, in naval waters, within 30 metres of an installation, exempt vessel or any other vessel; and\n\n (b) the vessel is not proceeding on Commonwealth business to or from the installation, exempt vessel or other vessel; and\n\n (c) the master does not have written permission from the superintendent of the naval waters to do so.\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n16  Vessels not to impede approaches to installations\n\n (1) The master of a vessel commits an offence of strict liability if the master causes or permits the vessel to lie, or to be moored or anchored, in naval waters in a position that impedes the approach to an installation.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n17  Moorings not to be laid in naval waters without permission\n\n (1) A person commits an offence of strict liability if:\n\n (a) the person lays a mooring in a position in naval waters; and\n\n (b) the person does not have written permission from the superintendent of the naval waters to lay the mooring in that position.\n\nPenalty: 10 penalty units.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (3) A mooring laid under subsection (1) must, on notice in writing from the superintendent, be removed by the person who is the owner of the mooring.\n\n (4) If:\n\n (a) the superintendent requires, under subsection (3), a mooring in naval waters to be removed; and\n\n (b) the mooring is not removed accordingly;\n\nthe superintendent may remove the mooring, and the owner of the mooring must pay to the superintendent the cost of the removal.\n\n18  Vessels not to anchor near electric cables in naval waters\n\n (1) The master of a vessel commits an offence of strict liability if the master causes or permits the vessel to be anchored within 180 metres of the line of an electric cable laid down in naval waters, and indicated by discernible marks erected on shore.\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n19  Objects hooking moorings etc. to be cleared under directions of superintendent\n\n  If, at any time, the anchor of, or any other object that is part of or attached to, a vessel hooks any Commonwealth moorings, electric cables, or moorings of buoys in naval waters, the master of the vessel:\n\n (a) must not unhook the anchor or other object, but must, as soon as practicable, give notice of the occurrence to the superintendent of the naval waters; and\n\n (b) must comply with the directions of the superintendent as to the method of clearing the moorings or cables.\n\n20  Crew numbers\n\n (1) The master of a vessel at anchor in naval waters must, if required by the superintendent of those waters by notice in writing, at all times have a sufficient number of persons available to perform any services required for the safety of the vessel.\n\n (2) The master of a vessel lying in naval waters must, if required by the superintendent of those waters by notice in writing, have at least one person on watch on deck at all times.\n\n21  Refuse etc. not to be deposited in or near naval waters\n\n (1) Subject to subsection (5), the superintendent of any naval waters may give a notice permitting a person, or a class of persons, to place material of a specified kind in a position:\n\n (a) in those waters; or\n\n (b) nearby those waters, from which the material is likely to be washed into those waters.\n\n (2) A permission under subsection (1) may be subject to conditions.\n\n (3) A person commits an offence of strict liability if:\n\n (a) the person causes or permits material to be placed in or nearby naval waters; and\n\n (b) the placement is not in accordance with a notice under this section.\n\nPenalty: 10 penalty units.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (5) Nothing in this section affects the operation of a law of a State or Territory.\n\n (6) In this section, material includes ballast, stones, sand, earth, clay, refuse, ashes, timber, carcasses, rubbish, dust, fuel, oil, refuse from a quarry, mine or pit, and any other pollutant.\n\n22  Vessels not to be cleaned without permission\n\n (1) The superintendent of any naval waters may permit a vessel to be cleaned in those naval waters.\n\n (2) A permission under subsection (1) may be subject to conditions, including conditions about the place for, or the manner of, the cleaning of the vessel.\n\n (3) A person commits an offence of strict liability if:\n\n (a) the person causes or permits a vessel to be cleaned in naval waters; and\n\n (b) the cleaning is not in accordance with a permission under this section.\n\nPenalty: 10 penalty units.\n\n (4) Subsection (3) does not apply if the person has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (5) In this section, clean includes bream and careen.\n\n23  Speed of vessels in naval waters\n\n (1) If the superintendent of any naval waters is satisfied that it is in the interests of:\n\n (a) public safety; or\n\n (b) the safety of property; or\n\n (c) the defence of the Commonwealth;\n\nthe superintendent may, by notice, give directions concerning the speed of vessels in those naval waters or any specified part of those naval waters.\n\n (2) A direction under subsection (1) may be:\n\n (a) absolute; or\n\n (b) subject to any approval given by the superintendent by notice; or\n\n (c) subject to any conditions imposed by the superintendent by notice.\n\n (3) The superintendent of the naval waters must cause a notice under subsection (1) or paragraph (2)(b) or (c) to be given to such person or persons, in such manner, at such time and in such place as is reasonably required for the protection of the public, or any person who may be affected by the use by the Commonwealth of the naval waters, as the case may be, having regard to:\n\n (a) the purpose for which those waters are used by the Commonwealth; and\n\n (b) the time when those waters are so used; and\n\n (c) the risk of injury to persons; and\n\n (d) the risk of damage to, or interference with, Commonwealth or other property; and\n\n (e) the forms of communication and the time available for giving the notice.\n\n (4) A person commits an offence if:\n\n (a) a notice is given under this section; and\n\n (b) the person engages in conduct; and\n\n (c) the conduct is not in accordance with the notice; and\n\n (d) the person is reckless as to the circumstance in paragraph (c).\n\nPenalty: 5 penalty units.\n\n (5) Strict liability applies to paragraph (4)(a).\n\n24  Guns not to be discharged\n\n (1) A person commits an offence if:\n\n (a) the person engages in conduct; and\n\n (b) the conduct results in a gun, firearm or air‑gun being discharged over naval waters from a boat or vessel or from the shore; and\n\n (c) the person is reckless as to the result in paragraph (b).\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if:\n\n (a) the person is member of the Defence Force, the Australian Federal Police or a Police Force or Service of a State or Territory performing duties in naval waters; and\n\n (b) the conduct is engaged in by the person in the course of his or her duties as such a member.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n25  Vessels with dangerous cargoes not to enter naval waters without permission\n\n (1) The superintendent of any naval waters may give written permission for a vessel carrying explosives or other dangerous goods to enter those naval waters.\n\n (2) A permission under subsection (1) may be subject to conditions, including conditions as to time, berthing and discharge of cargo.\n\n (3) A permission may be cancelled, or its conditions varied, at any time.\n\n (4) The master of a vessel commits an offence of strict liability if:\n\n (a) the vessel is carrying explosives or other dangerous goods; and\n\n (b) the master causes or permits the vessel to enter or stay in naval waters; and\n\n (c) the entry or stay is not in accordance with a permission under this section.\n\nPenalty: 10 penalty units.\n\n (5) Subsection (4) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n (6) The master of a vessel in naval waters commits an offence of strict liability if:\n\n (a) the vessel is carrying explosives or other dangerous goods; and\n\n (b) the master causes or permits anything to be done in relation to the vessel or cargo that is not in accordance with a permission under this section.\n\nPenalty: 10 penalty units.\n\n (7) Subsection (6) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n26  Vessels carrying dangerous cargoes to display signals\n\n (1) The master of a vessel in naval waters commits an offence of strict liability if:\n\n (a) either:\n\n (i) the vessel is carrying explosives or other dangerous goods; or\n\n (ii) explosives or other dangerous goods are loaded onto, or unloaded from, the vessel; and\n\n (b) the master does not cause the vessel to display prominently:\n\n (i) between sunrise and sunset—a large red flag or burgee; and\n\n (ii) between sunset and sunrise—a red light, visible in clear weather for at least 3 kilometres.\n\nPenalty: 5 penalty units.\n\n (2) Subsection (1) does not apply if the master has a reasonable excuse for the relevant conduct.\n\nNote: A defendant bears an evidential burden in relation to the matter in this subsection (see section 13.3 of the Criminal Code).\n\n27  Construction in, or on the foreshore of, naval waters\n\n (1) The Minister may, by notice in writing, prohibit the construction of any jetty, wharf, building, or structure, in, or on the foreshore of, any naval waters.\n\nNote: See section 5 of the Act.\n\n (2) If:\n\n (a) the Minister gives a notice under subsection (1); and\n\n (b) a person constructs in, or on the foreshore of, any naval waters a structure prohibited by the notice;\n\nthe person must remove the structure.\n\n (3) If a person fails to remove a structure as required by subsection (2):\n\n (a) the superintendent of the relevant naval waters may cause the structure to be removed; and\n\n (b) the person who constructed the structure, or caused it to be constructed, must pay to the superintendent the cost of the removal.\n\n28  Search and inspection of vessels in naval waters\n\n  The master of a vessel in naval waters must do all that is possible to facilitate the search or inspection of the vessel by the superintendent of those waters or by a person or persons acting on behalf of the superintendent.\n\n29  Delegation\n\n  The superintendent of any naval waters may, by instrument in writing, delegate to an officer of the Defence Force holding a rank not below that of Lieutenant‑Commander, Major or Squadron‑Leader all or any of his or her powers and functions under this instrument in relation to those waters.\n\n \n\nSchedule 1—Repeals\n\n \n\nControl of Naval Waters Regulations 1922\n\n1  The whole of the Regulations\n\nRepeal the Regulations.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1922 Regulations under the 1918 Act. The scope remains tightly focused on managing access, safety and security in naval waters. The 2015 version modernises language and offence structures (introducing strict liability and standard Commonwealth criminal law concepts) but does not expand beyond the original purpose of regulating vessel conduct and protecting Defence assets in designated waters."},"complexity_factors":["29 sections covering distinct operational matters, but each relatively self-contained","Repetitive structure: many sections follow identical pattern of prohibition + strict liability offence + reasonable excuse exception + evidential burden note","Cross-references to parent Act (Control of Naval Waters Act 1918) for key definitions including 'naval waters', 'installation', 'superintendent', and 'exempt vessel'","Reference to Criminal Code (section 13.3) for evidential burden provisions, repeated 14 times","Conditional permissions system: superintendent may grant permissions subject to terms and conditions (sections 9, 17, 21, 22, 25)","Nested conditions in section 7 and 23: absolute prohibitions, approvals, or conditional approvals with specific notification requirements","Dual mental state standards: most offences are strict liability, but sections 7(4) and 23(4) require recklessness, and section 24 requires recklessness for discharging firearms","Geographic measurements specified (100m, 180m, 30m) creating precise exclusion zones","Interaction with State/Territory laws preserved (section 21(5))"],"plain_english_summary":"This regulation governs conduct in Australian Defence Force–controlled naval waters and adjacent foreshore, affecting vessel operators, people onshore, and the appointed superintendent. It lets the superintendent restrict access, set speed limits, control anchoring and approaches to military assets, regulate dangerous cargo and pollution, and inspect or remove people and vessels.\n\nBreaches carry fines (many strict liability) and the Minister or delegates may impose further controls on foreshore works."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This 2015 instrument primarily modernises, clarifies and codifies operational detail under the existing Control of Naval Waters Act 1918 rather than materially expanding the statute’s geographic or subject‑matter scope. It replaces the 1922 Regulations with up‑to‑date rules (Schedule 1) and adds specific numeric safety distances, penalty levels in penalty units, detailed permission regimes, and delegation mechanics, but those items implement and refine the Act’s existing authority rather than creating a new purpose. Notable refinements include explicit enforcement mechanics (cost recovery for removals), numerical proximity rules, and express delegation thresholds (s.29), and a Ministerial approval step is required if the superintendent imposes a charge for use of Commonwealth moorings (s.9(4)). These are procedural and substantive clarifications rather than a broadening of the instrument’s fundamental scope."},"complexity_factors":["29 substantive regulation sections plus a schedule repealing earlier regulations","Multiple cross‑references to the Control of Naval Waters Act 1918 (s.5) and to the Criminal Code (evidential burden, s.13.3)","Frequent use of strict liability offences (dozens of specific offence provisions across ss.7–26) with a repeated \"reasonable excuse\" defence (defendant bears evidential burden)","Several numeric, rule‑based distance and size metrics creating bright‑line rules (180 m, 100 m, 30 m, vessel >10 m; see ss.11–16, 18, 12)","Discretionary permissions and conditional approvals throughout (ss.7, 9, 13, 17, 22, 23, 25), including ministerial approval requirement for mooring charges (s.9(4))","Enforcement and remedy mechanisms that attach financial liability (penalty units; cost recovery for removal of moorings/structures in ss.17(4), 27(3))","Delegation clause with rank minimums for delegated officers (s.29) which concentrates operational decision‑making but requires a particular officer class","Procedural requirements for giving notice are fact‑sensitive (s.7(3), s.23(3)) and involve multi‑factor reasonableness assessments"],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Gives the superintendent of designated \"naval waters\" wide powers to control use of those waters and adjacent foreshore for reasons of public safety, property safety or defence (see s.7, s.23).\n- Authorises the superintendent to prohibit or restrict entry, set speed limits, place moorings and buoys, and give written permissions or conditions for activities such as mooring, anchoring, cleaning vessels, discharging cargo, and laying moorings (see ss.7, 10, 17, 22, 23, 25).\n- Establishes fixed distance rules and permissions for proximity to Commonwealth moorings, installations, vessels and electric cables (examples: 180 m from Commonwealth moorings or cables, 100 m from installations or vessels, 30 m approach limit) and a size rule for anchoring near navigable channels (10 m vessel length) (see ss.11–16, 18, 12).\n- Creates a set of criminal offences (mostly strict‑liability) for failing to comply with notices, permissions, distance rules, display requirements for dangerous cargoes, obstruction, unauthorised construction and related conduct, with penalties stated in penalty units (see ss.7(4), 9–19, 21–26).\n- Allows removal of people, vessels or structures contravening the rules and recovery of removal costs from owners (see ss.8, 17(3)–(4), 27(2)–(3)).\n- Permits the superintendent to delegate powers to certain Defence Force officers (rank not below Lieutenant‑Commander, Major or Squadron‑Leader) (see s.29).\n- Repeals the earlier 1922 Regulations and replaces them with this modernised instrument (Schedule 1).\n\nWho is affected\n\n- Masters and crews of vessels operating in declared naval waters (commercial and recreational craft). Many duties and offences attach to the master (see multiple sections, e.g. ss.9–16, 26). \n- Owners of privately laid moorings and owners of structures on the foreshore (ss.17, 27).\n- People entering or remaining on the foreshore or in the waters near Defence installations (ss.7, 14).\n- Defence personnel: the superintendent and delegated officers carry decision‑making and enforcement responsibilities (ss.7, 29).\n\nWhy it matters (practical effects and decision rules)\n\n- It centralises operational control in the superintendent: who can prohibit entry, set conditions, require notices, permit activities, and remove persons/objects (see ss.7, 10, 17, 23, 8). That means much day‑to‑day access and activity in these waters requires either prior permission or compliance with rules the superintendent issues.\n- Many offences are strict liability. That lowers the prosecution's burden (no need to prove intent), while defendants must adduce a \"reasonable excuse\" to avoid liability (see the repeated notes and Criminal Code cross‑reference). This increases legal risk for vessel masters and owners for inadvertent breaches.\n- The instrument specifies numeric safety zones and behaviour rules (e.g. 180 m, 100 m, 30 m, vessel >10 m), which translate into clear no‑go or permit zones for navigation and mooring (ss.11–16, 18, 12).\n- It creates administrative compliance tasks: seeking written permission for many activities, displaying signals for dangerous cargoes, complying with conditions attached to permissions, and responding to written notices (ss.9, 13–16, 25–26, 22).\n- Financial consequences are direct and predictable in some cases: penalty unit fines for offences, and recovery of removal costs for unauthorised moorings or structures (ss.9, 11–17, 27).\n\nCosts, incentives and implementation risks (concrete mechanisms)\n\n- Compliance costs fall on vessel masters, owners of moorings/structures, and people using the foreshore: they may need permissions, pay any approved charge for making fast to Commonwealth moorings (s.9(4)), display signals for hazardous cargo (s.26), or pay removal costs (ss.17(4), 27(3)).\n- The superintendent’s discretion to grant, condition or cancel permissions (often in writing) concentrates decision power in a Defence official; the regulation sets procedural guidance on how notice should be given but leaves substance and conditions to the superintendent’s judgment (see ss.7(2)–(3), 23(2)–(3), 25(2)–(3)).\n- There is potential for substitution effects: commercial vessels, charter operators or recreational boaters may have to alter routes, berthing plans, or timing to comply with restricted areas or conditions, which could incur time and cost impacts (see the proximity and anchoring rules in ss.11–16).\n- Enforcement is backed by removal powers and fines; the regulation also authorises search/inspection of vessels and requires masters to facilitate searches (s.28), which raises operational compliance obligations.\n\nLegal mechanics to note\n\n- Multiple provisions impose \"strict liability\" offences while preserving a defence of \"reasonable excuse\"; the defendant bears an evidential burden for that defence (see repeated notes referencing s.13.3 of the Criminal Code).\n- The regulation operates under the Control of Naval Waters Act 1918 and uses expressions defined in that Act (see s.5). Several provisions expressly state they do not affect the operation of certain other sections (e.g. s.7(6)).\n\nBottom line\n\n- Functionally, the instrument modernises and codifies the superintendent’s control over declared naval waters: who may enter, anchor, moor, clean, approach installations, carry dangerous goods, or build on the foreshore; it sets specific distance rules, penalties and administrative powers to control and enforce those rules. The practical effect is more administrative permissions and compliance obligations for vessel masters, owners of moorings/foreshore structures and anyone using the waters near Defence installations (see multiple sections referenced above)."}},"importantCases":[],"_links":{"self":"/api/acts/control-of-naval-waters-regulation-2015","history":"/api/acts/control-of-naval-waters-regulation-2015/history","analysis":"/api/acts/control-of-naval-waters-regulation-2015/analysis","conflicts":"/api/acts/control-of-naval-waters-regulation-2015/conflicts","importantCases":"/api/acts/control-of-naval-waters-regulation-2015/important-cases","documents":"/api/acts/control-of-naval-waters-regulation-2015/documents"}}