{"id":"nsw:act-1998-121","name":"Marine Safety Act 1998","slug":"marine-safety-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"121 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105353,"registerId":"nsw-act-1998-121-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to ensure the safe operation of vessels in ports and other waterways,\n> \n> > (b) to promote the responsible operation of vessels in those waters so as to protect the safety and amenity of other users of those waters and the amenity of occupiers of adjoining land,\n> \n> > (b1) to provide an effective framework for the enforcement of marine legislation,\n> \n> > (c) to provide for the investigation of marine accidents and for appropriate action following any such investigation,\n> \n> > (d) to consolidate marine safety legislation.\n> \n> **s 3:** Am 2016 No 28, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) The dictionary in Schedule 5 defines words used in this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) For this Act, a vessel is taken to be proceeding on a voyage from when the vessel gets underway for the voyage until the vessel—\n> > \n> > > (a) is no longer underway, or\n> > \n> > > (b) is anchored, moored or berthed.\n> \n> **s 4:** Am 2006 No 58, Sch 2.33 \\[1\\]; 2006 No 84, Sch 2.8 \\[1\\]; 2008 No 59, Sch 1 \\[1\\]–\\[4\\]; 2011 No 41, Sch 5.22 \\[1\\]; 2012 No 5, Sch 1.3 \\[1\\] \\[2\\]; 2012 No 90, Sch 1 \\[1\\]–\\[3\\]; 2014 No 38, Sch 1.1 \\[1\\]; 2016 No 28, Sch 1 \\[2\\] \\[3\\]; 2016 No 55, Sch 3.20 \\[1\\]; 2020 No 30, Sch 4.42\\[1\\] \\[2\\]; 2021 No 8, Sch 2.4. Subst 2025 No 12, Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “vessel”","content":"#### 5 Meaning of “vessel”\n\n5 Meaning of “vessel”\n\n> > (1) In this Act, vessel—\n> > \n> > > (a) includes the following—\n> > > \n> > > > (i) a water craft of any description capable of being used as a means of transportation on water,\n> > > \n> > > > (ii) a thing prescribed by the regulations as a vessel,\n> > > \n> > > > (iii) a thing subject to a temporary vessel order, but\n> > \n> > > (b) does not include a water craft of a kind prescribed by the regulations as not being a vessel.\n> \n> > (2) Without limiting subsection (1)(a), a vessel includes—\n> > \n> > > (a) a non-displacement craft, and\n> > \n> > > (b) a seaplane, while the seaplane is on water.\n> \n> > (3) The Minister may, by written order (a temporary vessel order), declare a thing capable of being used in or in connection with water to be a vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—\n> > \n> > > (a) to assess the safety of the thing, or\n> > \n> > > (b) in an emergency.\n> \n> > (4) The Minister must, as soon as practicable after making a temporary vessel order, ensure the order is published in the Gazette.\n> \n> **s 5:** Subst 2025 No 12, Sch 1\\[2\\].","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of vessel “connected with this State”","content":"#### 6 Meaning of vessel “connected with this State”\n\n6 Meaning of vessel “connected with this State”\n\n> A vessel is connected with this State for the purposes of this Act if—\n> \n> > (a) the vessel is registered, or is required to be registered, under the marine legislation, or\n> \n> > (b) the vessel is registered under the [Shipping Registration Act 1981](http://www.legislation.gov.au/) of the Commonwealth, or the National law, with a home port in this State, or\n> \n> > (c) the vessel is owned by a person who is ordinarily resident in this State, or\n> \n> > (d) the vessel is owned by a person whose place of business, or principal place of business, is in this State, or\n> \n> > (e) the vessel is owned by a person whose principal place of business for managing the vessel’s operation is in this State, or\n> \n> > (f) the vessel is declared by the regulations to be a vessel connected with this State.\n> \n> **s 6:** Am 2012 No 90, Sch 1 \\[4\\].","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of “relevant owner” of vessel","content":"#### 7 Meaning of “relevant owner” of vessel\n\n7 Meaning of “relevant owner” of vessel\n\n> > (1) In this Act, relevant owner of a vessel means—\n> > \n> > > (a) for a registrable vessel that has been registered—\n> > > \n> > > > (i) the person who holds the vessel registration certificate for the vessel, or\n> > > \n> > > > (ii) if the vessel is no longer registered—the person who last held the vessel registration certificate for the vessel, or\n> > \n> > > (b) otherwise—the owner of the vessel.\n> \n> > (2) In this section, a reference to the owner of a vessel includes a reference to the following—\n> > \n> > > (a) a person who holds the relevant National licence or other certificate of registry for the vessel,\n> > \n> > > (b) the charterer of the vessel,\n> > \n> > > (c) a person who—\n> > > \n> > > > (i) exercises the functions of the owner of the vessel, or\n> > > \n> > > > (ii) publicly represents that the person has the functions, or\n> > > \n> > > > (iii) accepts the obligation to exercise the functions.\n> \n> **s 7:** Am 2012 No 90, Sch 1 \\[5\\]. Subst 2025 No 12, Sch 1\\[3\\].","sortOrder":7},{"sectionNumber":"7A","sectionType":"section","heading":"Meaning of “person responsible” for vessel or former vessel","content":"#### 7A Meaning of “person responsible” for vessel or former vessel\n\n7A Meaning of “person responsible” for vessel or former vessel\n\n> In this Act, person responsible for a vessel or former vessel means—\n> \n> > (a) for a vessel—\n> > \n> > > (i) the relevant owner of the vessel, or\n> > \n> > > (ii) the master of the vessel, or\n> > \n> > > (iii) the operator of the vessel, or\n> > \n> > > (iv) if the Minister is unable to identify or contact the relevant owner, master or operator—the last relevant owner of the vessel, or\n> > \n> > > (v) another person who has responsibility for the vessel, or\n> \n> > (b) for a former vessel—\n> > \n> > > (i) the owner of the former vessel, or\n> > \n> > > (ii) a person who—\n> > > \n> > > > (A) exercises the functions of the owner of the former vessel, or\n> > > \n> > > > (B) publicly represents that the person has the functions, or\n> > > \n> > > > (C) accepts the obligation to exercise the functions, or\n> > \n> > > (iii) another person who has responsibility for the former vessel.\n> \n> **s 7A:** Ins 2025 No 12, Sch 1\\[3\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Vessels and waters to which Act applies","content":"#### 8 Vessels and waters to which Act applies\n\n8 Vessels and waters to which Act applies\n\n> > (1) This Act applies to and in respect of the following vessels and the relevant owners, masters, crew and passengers of the vessels—\n> > \n> > > (a) all vessels that are in State waters (including vessels proceeding on overseas voyages),\n> > \n> > > (b) all vessels that are proceeding on voyages other than overseas voyages (including vessels that have left State waters), except recreational vessels while they are in the waters of or adjacent to another State or Territory of the Commonwealth,\n> > \n> > > (c) all vessels connected with this State, wherever they may be.\n> \n> > (2) (Repealed)\n> \n> > (3) This section is subject to any express provision of this Act to the contrary.\n> \n> > (4) The National law prevails over this Act to the extent of any inconsistency.\n> \n> **s 8:** Subst 2012 No 90, Sch 1 \\[6\\]. Am 2016 No 28, Sch 1 \\[4\\]; 2018 No 68, Sch 2.24; 2025 No 12, Sch 1\\[4\\] \\[5\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Act does not apply to defence vessels","content":"#### 9 Act does not apply to defence vessels\n\n9 Act does not apply to defence vessels\n\n> This Act does not apply to or in respect of a defence vessel.\n> \n> **s 9:** Subst 2008 No 59, Sch 1 \\[5\\]; 2016 No 28, Sch 1 \\[5\\].","sortOrder":10},{"sectionNumber":"9AA","sectionType":"section","heading":"Act subject to Heritage Act 1977","content":"#### 9AA Act subject to Heritage Act 1977\n\n9AA Act subject to [Heritage Act 1977](/view/html/inforce/current/act-1977-136)\n\n> This Act is subject to the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> Note—\n> \n> See also the [Underwater Cultural Heritage Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 9AA:** Ins 2025 No 12, Sch 1\\[6\\].","sortOrder":11},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Application of Commonwealth domestic commercial vessel national law","content":"# Part 1A Application of Commonwealth domestic commercial vessel national law\n\nPart 1A Application of Commonwealth domestic commercial vessel national law\n\n**pt 1A:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":13},{"sectionNumber":"9A","sectionType":"section","heading":"Purpose of Part","content":"#### 9A Purpose of Part\n\n9A Purpose of Part\n\n> > (1) The purpose of this Part is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).\n> \n> > (2) Accordingly, this Part—\n> > \n> > > (a) applies the Commonwealth domestic commercial vessel national law as a law of this State, and\n> > \n> > > (b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.\n> \n> **s 9A:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":14},{"sectionNumber":"9B","sectionType":"section","heading":"Definitions","content":"#### 9B Definitions\n\n9B Definitions\n\n> > (1) In this Part—\n> > \n> > applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 9C.\n> > \n> > Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments—\n> > \n> > > (a) the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/), excluding Part 7,\n> > \n> > > (b) the [Freedom of Information Act 1982](http://www.legislation.gov.au/),\n> > \n> > > (c) the [Ombudsman Act 1976](http://www.legislation.gov.au/),\n> > \n> > > (d) the [Privacy Act 1988](http://www.legislation.gov.au/),\n> > \n> > > (e) the regulations and other legislative instruments in force under any of those Acts.\n> > \n> > Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments—\n> > \n> > > (a) the [Marine Safety (Domestic Commercial Vessel) National Law](http://www.legislation.gov.au/) of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the [Marine Safety (Domestic Commercial Vessel) National Law Act 2012](http://www.legislation.gov.au/) of the Commonwealth),\n> > \n> > > (b) the regulations and other legislative instruments in force under that Law,\n> > \n> > > (c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.\n> \n> > (2) Terms used in this Part and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Part as they have in that law.\n> \n> > (3) In this Part, a reference to a Commonwealth Act includes a reference to—\n> > \n> > > (a) that Commonwealth Act, as amended and in force for the time being, and\n> > \n> > > (b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.\n> \n> **s 9B:** Ins 2012 No 90, Sch 1 \\[7\\]. Am 2025 No 38, Sch 1.9\\[1\\].","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"The applied provisions","content":"## Division 2 The applied provisions\n\nDivision 2 The applied provisions","sortOrder":16},{"sectionNumber":"9C","sectionType":"section","heading":"Application of Commonwealth laws as laws of this State","content":"#### 9C Application of Commonwealth laws as laws of this State\n\n9C Application of Commonwealth laws as laws of this State\n\n> > (1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of this State.\n> \n> > (2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which this State may make laws—\n> > \n> > > (a) whether or not the Commonwealth may make laws in relation to those matters, and\n> > \n> > > (b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.\n> \n> > (3) Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.\n> \n> > (4) The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—\n> > \n> > > (a) made by a law of the Commonwealth, and\n> > \n> > > (b) specified in the regulations made under this Part,\n> > \n> > had not taken effect.\n> \n> **s 9C:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":17},{"sectionNumber":"9D","sectionType":"section","heading":"Interpretation of Commonwealth domestic commercial vessel national law","content":"#### 9D Interpretation of Commonwealth domestic commercial vessel national law\n\n9D Interpretation of Commonwealth domestic commercial vessel national law\n\n> > (1) The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires.\n> \n> > (2) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) does not apply to the applied provisions.\n> \n> **s 9D:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"Division 3","sectionType":"division","heading":"Functions and powers under applied provisions","content":"## Division 3 Functions and powers under applied provisions\n\nDivision 3 Functions and powers under applied provisions","sortOrder":19},{"sectionNumber":"9E","sectionType":"section","heading":"Functions and powers of National Regulator and other authorities and officers","content":"#### 9E Functions and powers of National Regulator and other authorities and officers\n\n9E Functions and powers of National Regulator and other authorities and officers\n\n> The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.\n> \n> **s 9E:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":20},{"sectionNumber":"9F","sectionType":"section","heading":"Delegations by the National Regulator","content":"#### 9F Delegations by the National Regulator\n\n9F Delegations by the National Regulator\n\n> Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.\n> \n> **s 9F:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":21},{"sectionNumber":"Division 4","sectionType":"division","heading":"Offences","content":"## Division 4 Offences\n\nDivision 4 Offences","sortOrder":22},{"sectionNumber":"9G","sectionType":"section","heading":"Object of this Division","content":"#### 9G Object of this Division\n\n9G Object of this Division\n\n> > (1) The object of this Division is to further the purpose of this Part by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.\n> \n> > (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—\n> > \n> > > (a) the investigation and prosecution of offences, and\n> > \n> > > (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and\n> > \n> > > (c) proceedings relating to a matter referred to in paragraph (a) or (b), and\n> > \n> > > (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and\n> > \n> > > (e) the sentencing, punishment and release of persons convicted of offences, and\n> > \n> > > (f) fines, penalties and forfeitures, and\n> > \n> > > (g) infringement notices in connection with offences, and\n> > \n> > > (h) liability to make reparation in connection with offences, and\n> > \n> > > (i) proceeds of crime, and\n> > \n> > > (j) spent convictions.\n> \n> > (3) For the purposes of this Division, offences include contraventions for which a civil penalty may be imposed.\n> \n> **s 9G:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"9H","sectionType":"section","heading":"Application of Commonwealth criminal laws to offences against applied provisions","content":"#### 9H Application of Commonwealth criminal laws to offences against applied provisions\n\n9H Application of Commonwealth criminal laws to offences against applied provisions\n\n> > (1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n> \n> > (2) For the purposes of a law of this State, an offence against the applied provisions—\n> > \n> > > (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be an offence against the laws of this State.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations made under this Part.\n> \n> **s 9H:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":24},{"sectionNumber":"9I","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities relating to offences","content":"#### 9I Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n9I Functions and powers conferred on Commonwealth officers and authorities relating to offences\n\n> > (1) A Commonwealth law applying because of section 9H that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.\n> \n> > (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.\n> \n> **s 9I:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":25},{"sectionNumber":"9J","sectionType":"section","heading":"No double jeopardy for offences against applied provisions","content":"#### 9J No double jeopardy for offences against applied provisions\n\n9J No double jeopardy for offences against applied provisions\n\n> If—\n> \n> > (a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law, and\n> \n> > (b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law,\n> \n> the offender is not liable to be punished for the offence under the applied provisions.\n> \n> **s 9J:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":26},{"sectionNumber":"Division 5","sectionType":"division","heading":"Administrative laws","content":"## Division 5 Administrative laws\n\nDivision 5 Administrative laws","sortOrder":27},{"sectionNumber":"9K","sectionType":"section","heading":"Application of Commonwealth administrative laws to applied provisions","content":"#### 9K Application of Commonwealth administrative laws to applied provisions\n\n9K Application of Commonwealth administrative laws to applied provisions\n\n> > (1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.\n> \n> > (2) For the purposes of a law of this State, a matter arising in relation to the applied provisions—\n> > \n> > > (a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth, and\n> > \n> > > (b) is taken not to be a matter arising in relation to laws of this State.\n> \n> > (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations made under this Part.\n> \n> > (4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.\n> \n> > (5) For this section, a reference in a provision of the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/) of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.\n> \n> **s 9K:** Ins 2012 No 90, Sch 1 \\[7\\]. Am 2025 No 38, Sch 1.9\\[2\\].","sortOrder":28},{"sectionNumber":"9L","sectionType":"section","heading":"Functions and powers conferred on Commonwealth officers and authorities","content":"#### 9L Functions and powers conferred on Commonwealth officers and authorities\n\n9L Functions and powers conferred on Commonwealth officers and authorities\n\n> > (1) A Commonwealth administrative law applying because of section 9K that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.\n> \n> > (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.\n> \n> **s 9L:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":29},{"sectionNumber":"Division 6","sectionType":"division","heading":"Fees and fines","content":"## Division 6 Fees and fines\n\nDivision 6 Fees and fines","sortOrder":30},{"sectionNumber":"9M","sectionType":"section","heading":"Fees payable to officers or employees of State acting as delegates","content":"#### 9M Fees payable to officers or employees of State acting as delegates\n\n9M Fees payable to officers or employees of State acting as delegates\n\n> Regulations may be made under this Act for or with respect to fees payable to this State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of this State or an agency of this State.\n> \n> **s 9M:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":31},{"sectionNumber":"9N","sectionType":"section","heading":"Infringement notice fines","content":"#### 9N Infringement notice fines\n\n9N Infringement notice fines\n\n> > (1) Any amount paid to this State by the National Regulator under section 10 of the [Marine Safety (Domestic Commercial Vessel) National Law Act 2012](http://www.legislation.gov.au/) of the Commonwealth in relation to an infringement notice is payable into the Waterways Fund established under the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> > (2) Any amount payable by this State under section 10 (2) of the [Marine Safety (Domestic Commercial Vessel) National Law Act 2012](http://www.legislation.gov.au/) of the Commonwealth is payable out of that Fund.\n> \n> **s 9N:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":32},{"sectionNumber":"9O","sectionType":"section","heading":"Fines, fees etc not otherwise payable to State","content":"#### 9O Fines, fees etc not otherwise payable to State\n\n9O Fines, fees etc not otherwise payable to State\n\n> > (1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.\n> \n> > (2) Subsection (1) does not apply to any fees referred to in section 9M.\n> \n> **s 9O:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":33},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"## Division 7 Miscellaneous\n\nDivision 7 Miscellaneous","sortOrder":34},{"sectionNumber":"9P","sectionType":"section","heading":"Things done for multiple purposes","content":"#### 9P Things done for multiple purposes\n\n9P Things done for multiple purposes\n\n> The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.\n> \n> **s 9P:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":35},{"sectionNumber":"9Q","sectionType":"section","heading":"Reference in Commonwealth law to a provision of another law","content":"#### 9Q Reference in Commonwealth law to a provision of another law\n\n9Q Reference in Commonwealth law to a provision of another law\n\n> For the purposes of sections 9H and 9K, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.\n> \n> **s 9Q:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":36},{"sectionNumber":"9R","sectionType":"section","heading":"Regulations of this State","content":"#### 9R Regulations of this State\n\n9R Regulations of this State\n\n> The Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Part is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part or the applied provisions.\n> \n> **s 9R:** Ins 2012 No 90, Sch 1 \\[7\\].","sortOrder":37},{"sectionNumber":"Part 2","sectionType":"part","heading":"Safety of navigation","content":"# Part 2 Safety of navigation\n\nPart 2 Safety of navigation","sortOrder":38},{"sectionNumber":"10","sectionType":"section","heading":"Regulations for prevention of collisions at sea or in other navigable waters","content":"#### 10 Regulations for prevention of collisions at sea or in other navigable waters\n\n10 Regulations for prevention of collisions at sea or in other navigable waters\n\n> > (1) The regulations may make provision for or with respect to the prevention of collisions at sea or in other navigable waters (including the use on vessels of lights, shapes and signals).\n> \n> > (2) The regulations under this section may adopt, with or without modification, international regulations for preventing collisions at sea.\n> \n> > (3) The master or any other person concerned in the operation of a vessel who contravenes the regulations under this section, or who causes those regulations to be contravened, is guilty of an offence.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":40},{"sectionNumber":"11","sectionType":"section","heading":"Speed limits, wash limits and other restrictions on operation of vessels in navigable waters","content":"#### 11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters\n\n11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters\n\n> > (1) The Minister may prohibit or regulate the operation of vessels in navigable waters by a notice published in the Gazette or displayed in or in the vicinity of those waters.\n> \n> > (2) The Minister may, by such a notice, impose any restriction considered appropriate for—\n> > \n> > > (a) the safety of the public, or\n> > \n> > > (b) the protection of vessels or other property, or\n> > \n> > > (c) the protection of the environment, or\n> > \n> > > (d) the amenity of other users of the specified waters or occupiers of land adjoining those waters.\n> \n> > (2A) In particular, the Minister may impose restrictions on—\n> > \n> > > (a) the speed of vessels, or\n> > \n> > > (b) the creation of wash by vessels, or\n> > \n> > > (c) the creation of noise by vessels, or\n> > \n> > > (d) the mooring or anchoring of vessels, or\n> > \n> > > (e) the use of vessels for particular purposes, or\n> > \n> > > (f) the use of vessels in particular areas (including the exclusion of vessels from particular areas).\n> \n> > (3) A notice under this section may apply—\n> > \n> > > (a) to vessels generally or to any class of vessels specified in the notice, and\n> > \n> > > (b) at all times or at such times as may be specified in the notice, and\n> > \n> > > (c) in any other circumstances specified in the notice.\n> \n> > (4) A person who operates a vessel to which a notice under this section applies in contravention of the notice is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a notice restricting the creation of wash by vessels—50 penalty units, or\n> > \n> > > (b) in any other case—10 penalty units.\n> \n> > (5) The regulations may exempt vessels from compliance with a notice under this section.\n> \n> > (6) The regulations may make provision for or with respect to the admission in evidence and the effect of certificates, in proceedings for offences against this section, of the measurement of the speed or other matter relating to the use of vessels by measuring devices.\n> \n> > (7) Nothing in this section affects any regulation that prohibits or regulates the operation of vessels or any power relating to the navigation or other use of vessels conferred on any person or body by the marine legislation or the National law.\n> \n> > (8) In any proceedings for an offence against this section, proof of the display of a notice in accordance with this section is not required until evidence is given to the contrary.\n> \n> **s 11:** Am 2008 No 59, Sch 1 \\[6\\]; 2012 No 90, Sch 1 \\[8\\]; 2016 No 28, Sch 1 \\[7\\] \\[8\\].","sortOrder":41},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":42},{"sectionNumber":"13","sectionType":"section","heading":"Reckless, dangerous or negligent navigation and other acts","content":"#### 13 Reckless, dangerous or negligent navigation and other acts\n\n13 Reckless, dangerous or negligent navigation and other acts\n\n> > (1) A person must not operate a vessel in any navigable waters—\n> > \n> > > (a) negligently, or\n> > \n> > > (b) recklessly, or\n> > \n> > > (c) at a speed or in a manner dangerous to the public.\n> > \n> > Maximum penalty—\n> > \n> > > (a) if the operation of the vessel occasions death or grievous bodily harm—1,000 penalty units (where the vessel is a foreign vessel or regulated Australian vessel), 100 penalty units (where the vessel is any other commercial vessel other than a hire and drive vessel) or 50 penalty units (where the vessel is a hire and drive vessel or recreational vessel), or imprisonment for 2 years, or both, or\n> > \n> > > (b) if the operation of the vessel does not occasion death or grievous bodily harm—1,000 penalty units (where the vessel is a foreign vessel or regulated Australian vessel), 100 penalty units (where the vessel is any other commercial vessel other than a hire and drive vessel) or 50 penalty units (where the vessel is a hire and drive vessel or recreational vessel), or imprisonment for 9 months (in the case of a first offence) or 12 months (in the case of a second or subsequent offence), or both.\n> \n> > (2) A person who is on a vessel in navigable waters, or is being towed by such a vessel, must not do anything that is dangerous to the public.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following—\n> > \n> > > (a) the nature and condition of the waters in which the offence is alleged to have been committed,\n> > \n> > > (b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, in those waters,\n> > \n> > > (c) the impact of the alleged offence on others using or near to the waters in which the offence is alleged to have been committed, including nearby swimmers, divers, surfers, fishers and people using any adjacent land.\n> \n> > (4) The higher maximum penalty under paragraph (a) of the maximum penalty in subsection (1) does not apply unless it is alleged in the charge for the offence that the conduct concerned occasioned death or grievous bodily harm.\n> \n> > (5) In this section—\n> > \n> > dangerous to the public includes anything that causes or is likely to cause injury to any person or damage to any property.\n> > \n> > grievous bodily harm includes any permanent or serious disfigurement.\n> \n> **s 13:** Subst 2008 No 59, Sch 1 \\[8\\]. Am 2016 No 28, Sch 1 \\[10\\]–\\[12\\]; 2025 No 12, Sch 1\\[8\\].","sortOrder":44},{"sectionNumber":"13A","sectionType":"section","heading":"Operating vessel in a menacing manner","content":"#### 13A Operating vessel in a menacing manner\n\n13A Operating vessel in a menacing manner\n\n> > (1) Offence—intent to menace A person must not operate a vessel in any navigable waters in a manner that menaces another person with the intention of menacing that other person.\n> > \n> > Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).\n> \n> > (2) Offence—possibility of menace A person must not operate a vessel in any navigable waters in a manner that menaces another person if the person ought to have known that the other person might be menaced.\n> > \n> > Maximum penalty—20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).\n> \n> > (3) Application of section This section applies—\n> > \n> > > (a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and\n> > \n> > > (b) whether or not that person or that property is in or on any navigable waters.\n> \n> > (4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.\n> \n> > (5) Double jeopardy A person is not liable to be convicted of—\n> > \n> > > (a) both an offence against subsection (1) and an offence against subsection (2), or\n> > \n> > > (b) both an offence against this section and an offence against section 13,\n> > \n> > arising out of a single incident.\n> \n> **s 13A:** Ins 2016 No 28, Sch 1 \\[13\\].","sortOrder":45},{"sectionNumber":"14","sectionType":"section","heading":"Unreasonable interference by operation or use of vessel","content":"#### 14 Unreasonable interference by operation or use of vessel\n\n14 Unreasonable interference by operation or use of vessel\n\n> A person must not—\n> \n> > (a) operate a vessel in any navigable waters, or\n> \n> > (b) make any other use of a vessel in any navigable waters,\n> \n> in a manner that interferes unreasonably with the lawful use of those waters (or adjoining land) by other persons.\n> \n> Maximum penalty—50 penalty units.","sortOrder":46},{"sectionNumber":"15","sectionType":"section","heading":"Protection of navigation aids","content":"#### 15 Protection of navigation aids\n\n15 Protection of navigation aids\n\n> A person must not, without reasonable excuse, remove, damage, interfere with or obstruct the use of any navigation aid.\n> \n> Maximum penalty—50 penalty units.","sortOrder":47},{"sectionNumber":"15A","sectionType":"section","heading":"Power to give directions relating to safety on navigable waters","content":"#### 15A Power to give directions relating to safety on navigable waters\n\n15A Power to give directions relating to safety on navigable waters\n\n> > (1) An authorised officer may give a direction to a person in, on or near navigable waters if the officer believes on reasonable grounds that—\n> > \n> > > (a) the giving of the direction is necessary to—\n> > > \n> > > > (i) prevent the operation or other use of a vessel in contravention of section 14, or\n> > > \n> > > > (ii) ensure the safety of any person, or to prevent damage to property, in, on or near navigable waters, and\n> > \n> > > (b) the direction is reasonable in the circumstances for achieving that objective.\n> \n> > (1A) Any such direction under subsection (1) may, without limitation, include the following—\n> > \n> > > (a) a direction to the person responsible for a vessel to cease operating a vessel,\n> > \n> > > (b) a direction to the person responsible for a vessel to remove the vessel from the water,\n> > \n> > > (c) a direction to the person responsible for a vessel to moor the vessel in a certain location.\n> \n> > (2) A person must not fail to comply with a direction given under this section to the person, whether or not the person may contravene another provision of the marine legislation by obeying the direction.\n> > \n> > Maximum penalty—30 penalty units.\n> \n> > (3) A person is not guilty of an offence against subsection (2) unless the authorised officer—\n> > \n> > > (a) warned the person at the time of giving the direction that failure to comply with the direction may constitute an offence, and\n> > \n> > > (b) identified himself or herself as an authorised officer.\n> \n> > (4) It is a defence to the prosecution of a person for an offence against a provision of the marine legislation if, at the time of the offence, the person was obeying a direction given under this section.\n> \n> > (5) Despite any other provision of this section, a direction given under this section has no effect to the extent to which it is inconsistent with a direction given by a harbour master under Part 7.\n> \n> > (6) In this section—\n> > \n> > > (a) a reference to a person in, on or near navigable waters includes a reference to a person on a vessel, water skis or other apparatus, in, on or near navigable waters, and\n> > \n> > > (b) a reference to property in, on or near navigable waters includes a reference to property on a vessel.\n> \n> **s 15A:** Ins 2008 No 59, Sch 1 \\[9\\]. Am 2016 No 28, Sch 1 \\[14\\] \\[15\\]; 2025 No 12, Sch 1\\[9\\].","sortOrder":48},{"sectionNumber":"16","sectionType":"section","heading":"Obstructions to navigation","content":"#### 16 Obstructions to navigation\n\n16 Obstructions to navigation\n\n> > (1) In this section, obstruction to navigation—\n> > \n> > > (a) means a thing in or over navigable waters, including a vessel, whether abandoned, wrecked or otherwise, that—\n> > > \n> > > > (i) is, or is likely to be, a danger to the safe navigation of vessels or otherwise unreasonably obstructs the navigation of vessels, or\n> > > > \n> > > > Examples—\n> > > > \n> > > > an anchor, a mooring block or debris that originates from a vessel and is left on the seabed\n> > > \n> > > > (ii) restricts access to or from port facilities, or\n> > > \n> > > > (iii) is moored, berthed or placed in contravention of the marine legislation or the National law, and\n> > \n> > > (b) includes a vessel or former vessel that has sunk, and\n> > \n> > > (c) does not include a thing lawfully erected in or over navigable waters.\n> > > \n> > > Example—\n> > > \n> > > a thing used to disturb or interfere with the bed of a port in accordance with an approval granted by the harbour master of the port under Part 2, Division 4\n> \n> > (2) The Minister may, by written notice (an obstruction to navigation notice), direct the owner of or person responsible for an obstruction to navigation to remove the obstruction within such time as is specified in the notice. Any such owner or person who fails, without reasonable excuse, to comply with the direction is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) if the obstruction is or was a foreign vessel or regulated Australian vessel that has sunk, is not seaworthy or is likely to cause danger to the public or shipping or property damage—100 penalty units, or\n> > \n> > > (b) in any other case—50 penalty units.\n> \n> > (2A) For subsection (2), a person responsible for an obstruction to navigation includes—\n> > \n> > > (a) if the obstruction is a vessel—the person responsible for the vessel, and\n> > \n> > > (b) the person responsible for the vessel from which the Minister reasonably believes the obstruction originated.\n> \n> > (3) The Minister may do the following, in a way the Minister considers appropriate, whether or not the Minister has issued an obstruction to navigation notice—\n> > \n> > > (a) arrange for an obstruction to navigation to be—\n> > > \n> > > > (i) removed, or\n> > > \n> > > > (ii) destroyed, if the destruction of the obstruction is reasonable in the circumstances,\n> > \n> > > (b) take other steps to reduce the danger of the obstruction to the safe navigation of vessels.\n> \n> > (4) The Minister may, subject to and in accordance with the regulations, dispose of anything removed under this section.\n> \n> > (5) The Minister may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the Minister in the exercise of his or her powers under this section from the owner of or person responsible for the obstruction to navigation.\n> \n> **s 16:** Am 2012 No 90, Sch 1 \\[10\\]; 2016 No 28, Sch 1 \\[16\\]; 2025 No 12, Sch 1\\[10\\]–\\[16\\].","sortOrder":49},{"sectionNumber":"17","sectionType":"section","heading":"Minister’s approval required for aquaculture leases over navigable waters","content":"#### 17 Minister’s approval required for aquaculture leases over navigable waters\n\n17 Minister’s approval required for aquaculture leases over navigable waters\n\n> > (1) The Minister administering the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) may not grant or renew an aquaculture lease over navigable waters under Part 6 of that Act without the approval of the Minister administering this Act.\n> \n> > (2) The grounds on which the Minister may refuse to give that approval are that—\n> > \n> > > (a) it is in the public interest that the area concerned remain available for the navigation of vessels rather than be used for aquaculture, or\n> > \n> > > (b) sufficient provision has not been made to ensure that structures on the leased area are not, and will not become, a danger to the safe navigation of vessels.\n> \n> > (3) This section does not apply to—\n> > \n> > > (a) the renewal of a lease to which the lessee is entitled under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), or\n> > \n> > > (b) the grant or renewal of a lease of a class excluded from this section by notice given to the Minister administering that Act by the Minister administering this Act.","sortOrder":50},{"sectionNumber":"18","sectionType":"section","heading":"Conduct of aquatic activities","content":"#### 18 Conduct of aquatic activities\n\n18 Conduct of aquatic activities\n\n> > (1) A person must not conduct an aquatic activity unless the person—\n> > \n> > > (a) holds an aquatic licence for the aquatic activity, and\n> > \n> > > (b) conducts the aquatic activity in accordance with the conditions of the licence.\n> > \n> > Maximum penalty—100 penalty units.\n> > \n> > Note—\n> > \n> > An aquatic activity lasting longer than 14 days on any one occasion must comply with the requirements of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (2) A person must not be convicted of an offence under this section and section 32 in relation to the same conduct.\n> \n> > (3) An aquatic licence may include an exemption from a requirement of this Act or the regulations in relation to the following—\n> > \n> > > (a) the holder of the licence,\n> > \n> > > (b) a person involved in the conduct of, or taking part in, the aquatic activity to which the licence relates,\n> > \n> > > (c) a vessel used in connection with the aquatic activity.\n> \n> > (4) The regulations may provide for aquatic licences, including the circumstances in which an aquatic licence may be transferred to another person.\n> \n> > (5) In this section—\n> > \n> > conduct, an aquatic activity, includes organise the activity.\n> \n> **s 18:** Am 2008 No 59, Sch 1 \\[10\\] \\[11\\]. Subst 2025 No 12, Sch 1\\[17\\].","sortOrder":51},{"sectionNumber":"18A","sectionType":"section","heading":"Conduct of exempt aquatic activities","content":"#### 18A Conduct of exempt aquatic activities\n\n18A Conduct of exempt aquatic activities\n\n> > (1) A person is not required to hold an aquatic licence to conduct an exempt aquatic activity in or over navigable waters if the conduct of the activity—\n> > \n> > > (a) will not—\n> > > \n> > > > (i) substantially affect navigation in the waters by members of the public or vessel operators, or\n> > > \n> > > > (ii) cause an increased risk of danger to the public or vessel operators, and\n> > \n> > > (b) for an aquatic activity declared to be an exempt aquatic activity—complies with conditions to which the conduct of the exempt aquatic activity is subject.\n> \n> > (2) The Minister may, by notice published in the Gazette, declare an aquatic activity to be an exempt aquatic activity if the Minister reasonably considers that the aquatic activity would not substantially affect navigation in the waters.\n> \n> > (3) A declaration may include conditions.\n> \n> > (4) In this section—\n> > \n> > conduct, an aquatic activity, includes organise the activity.\n> > \n> > exempt aquatic activity means the following—\n> > \n> > > (a) an aquatic activity for which the only vessels used are surfboards or other similar craft, including stand-up paddleboards,\n> > \n> > > (b) recreational swimming or a swimming competition,\n> > \n> > > (c) recreational fishing or a fishing competition,\n> > \n> > > (d) an aquatic activity conducted by Surf Life Saving New South Wales or an affiliated surf life saving club, if all the participants in the activity are current members of Surf Life Saving New South Wales or the club conducting the aquatic activity,\n> > \n> > > (e) an aquatic activity the Minister declares under this section to be an exempt aquatic activity,\n> > \n> > > (f) another aquatic activity prescribed by the regulations.\n> \n> **s 18A:** Ins 2025 No 12, Sch 1\\[17\\].","sortOrder":52},{"sectionNumber":"18B","sectionType":"section","heading":"Restrictions in navigable waters for exclusion zones and other activities or events","content":"#### 18B Restrictions in navigable waters for exclusion zones and other activities or events\n\n18B Restrictions in navigable waters for exclusion zones and other activities or events\n\n> > (1) The Minister may, by notice published in the Gazette, prohibit or regulate the operation or use of vessels and the conduct of activities by persons in specified navigable waters for the purposes of—\n> > \n> > > (a) an exclusive aquatic activity, or\n> > \n> > > (b) an activity or event the Minister reasonably considers will require an exclusion zone or other restriction for the safety of navigation in the waters.\n> \n> > (2) Without limiting subsection (1), the notice may—\n> > \n> > > (a) exclude vessels and persons from a specified area in relation to the activity or event, or\n> > \n> > > (b) impose a restriction that may be imposed under section 11.\n> \n> > (3) An authorised officer may direct a person in an exclusion zone, or a person operating a vessel in an exclusion zone, to—\n> > \n> > > (a) leave the exclusion zone, or\n> > \n> > > (b) comply with a restriction imposed in the notice.\n> \n> > (4) The person must not, without reasonable excuse, fail to comply with the notice or direction.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (5) The Minister may charge a person—\n> > \n> > > (a) a reasonable fee for the Minister to establish and maintain an exclusion zone (an exclusion zone fee), and\n> > \n> > > (b) for an exclusive aquatic activity—an additional amount for the benefit of the exclusive use of the waters because of the exclusion zone.\n> \n> > (6) Nothing in this section affects—\n> > \n> > > (a) a regulation or notice under section 11, or\n> > \n> > > (b) a power relating to the navigation or other use of vessels conferred on a person or body by the marine legislation or the National law.\n> \n> > (7) The regulations may provide for other circumstances in which the Minister may charge a person an exclusion zone fee.\n> \n> > (8) In this section—\n> > \n> > exclusion zone means the area in navigable waters specified in a notice under subsection (2)(a).\n> > \n> > exclusive aquatic activity means an aquatic activity conducted under an aquatic licence that requires an exclusion zone.\n> \n> **s 18B:** Ins 2025 No 12, Sch 1\\[17\\].","sortOrder":53},{"sectionNumber":"19","sectionType":"section","heading":"Regulations relating to safety of navigation","content":"#### 19 Regulations relating to safety of navigation\n\n19 Regulations relating to safety of navigation\n\n> > (1) The regulations may make provision for or with respect to the safety of navigation.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the operation of vessels in navigable waters, and\n> > \n> > > (b) vessels or objects that have been abandoned in navigable waters, and\n> > \n> > > (c) the activities of persons that affect navigation, including persons carried on vessels, surfboard riders, divers or other persons in navigable waters, and\n> > \n> > > (d) navigation aids, and\n> > \n> > > (d1) obstructions to navigation, and\n> > \n> > > (d2) the lighting and marking of potential hazards, and\n> > \n> > > (e) cables, wires, pipes or other material in or over navigable waters, including supporting structures, and\n> > \n> > > (f) the safety of port operations relating to vessels, passengers and cargo.\n> \n> > (3) The regulations may provide that a person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision made in respect of the person under this Part or the regulations under this Part in relation to matters requiring a licence or other approval of the Minister.\n> \n> Note.\n> \n> Part 6A of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013) deals with the management of wharves, moorings, port facilities and works.\n> \n> **s 19:** Am 2006 No 84, Sch 2.8 \\[2\\]; 2013 No 95, Sch 2.94 \\[1\\]; 2016 No 28, Sch 1 \\[17\\]; 2025 No 12, Sch 1\\[18\\].","sortOrder":54},{"sectionNumber":"19A","sectionType":"section","heading":"Seizure of vessels","content":"#### 19A Seizure of vessels\n\n19A Seizure of vessels\n\n> > (1) An authorised officer may do any one or more of the things set out in this section if the authorised officer reasonably believes that—\n> > \n> > > (a) a recreational vessel has been operated in a way so as to commit an offence under section 13A, or\n> > \n> > > (b) a person has committed an offence involving the death of, or grievous bodily harm to, another person caused by the operation of a vessel, being an offence that comprises the crime of murder or manslaughter or an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or\n> > \n> > > (c) a person has committed an offence under section 13 (1) (b) or (c) and a court attendance notice has been issued in relation to the offence.\n> \n> > (2) The authorised officer may—\n> > \n> > > (a) use reasonable force to seize and take charge of the recreational vessel and cause it to be moved to a place determined by the Commissioner of Police or Transport for NSW and immediately, or as soon as practicable afterwards, give or send the relevant owner of the vessel a receipt relating to the seizure of the vessel, or\n> > \n> > > (b) give the relevant owner of the vessel a notice (a recreational vessel production notice) requiring the relevant owner to, within a period specified in the notice, arrange for the vessel to be—\n> > > \n> > > > (i) moved to a specified place, or\n> > > \n> > > > (ii) produced to an authorised officer at a specified place.\n> \n> > (3) An authorised officer must give the relevant owner of a vessel a receipt if the relevant owner produces the vessel to the officer in accordance with a recreational vessel production notice.\n> \n> > (4) The receipt must be given on, or as soon as practicable after, the production of the vessel.\n> \n> **s 19A:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[19\\]–\\[21\\].","sortOrder":56},{"sectionNumber":"19B","sectionType":"section","heading":"Production notices","content":"#### 19B Production notices\n\n19B Production notices\n\n> > (1) The date specified in a recreational vessel production notice for production of a recreational vessel must be a date that is no later than the first working day occurring 5 days after the notice is given.\n> \n> > (2) A production notice may be given personally or by post and must state the ground on which it is being given.\n> \n> > (3) A production notice given by post is taken to have been given on the day that is 7 days after it is posted.\n> \n> > (4) The disposal of a vessel within the period of 5 days after a production notice is given in relation to the vessel does not affect the requirement to produce the vessel in accordance with the notice, except as provided by subsection (5).\n> \n> > (5) A production notice ceases to have effect in relation to a vessel if it is withdrawn by the Commissioner of Police or Transport for NSW by notice in writing given to—\n> > \n> > > (a) the relevant owner of the vessel, or\n> > \n> > > (b) a person who purchased the vessel after the production notice was given who satisfies the Commissioner of Police or Transport for NSW, as the case requires, that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.\n> \n> **s 19B:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[22\\].","sortOrder":57},{"sectionNumber":"19C","sectionType":"section","heading":"Powers and duties relating to seizure of recreational vessels","content":"#### 19C Powers and duties relating to seizure of recreational vessels\n\n19C Powers and duties relating to seizure of recreational vessels\n\n> > (1) A recreational vessel may be seized under section 19A (2) (a)—\n> > \n> > > (a) in State waters, or\n> > \n> > > (b) on a road or public place, or\n> > \n> > > (c) in any other place, with the consent of the owner or occupier of the place or by a police officer under the authority of a search warrant issued under section 19P.\n> \n> > (2) For the purpose of exercising the powers conferred by section 19A, an authorised officer may cause any locking device or other feature of the vessel that is impeding the seizure and movement of the vessel to be removed, dismantled or neutralised and may, if the relevant owner or any other person will not surrender the keys to the vessel, start the vessel by other means.\n> \n> > (3) A vessel may be moved under section 19A—\n> > \n> > > (a) by being operated, whether or not under power, or by being towed or pushed, or in any other manner, and\n> > \n> > > (b) by one or more authorised officers or, at the direction of an authorised officer, by persons engaged by the Commissioner of Police or Transport for NSW.\n> \n> > (4) If a vessel is moved in accordance with this section by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing or movement of the vessel in a manner that does the least damage to the vessel. In taking any such action, the person is not liable for any damage to the vessel that the person causes.\n> \n> **s 19C:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[19\\].","sortOrder":58},{"sectionNumber":"19D","sectionType":"section","heading":"Removal, impounding and production of vessel","content":"#### 19D Removal, impounding and production of vessel\n\n19D Removal, impounding and production of vessel\n\n> > (1) Any recreational vessel moved to, or produced at, a place in accordance with section 19A may, subject to the regulations, be impounded by the Commissioner of Police or Transport for NSW at that place or may be moved to and impounded at any other place determined by the Commissioner or Transport for NSW.\n> \n> > (2) A certificate in writing given by an authorised officer as to the fact and cost of any such movement is evidence of those matters.\n> \n> **s 19D:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\] \\[4\\].","sortOrder":59},{"sectionNumber":"19E","sectionType":"section","heading":"Failure to comply with production notice","content":"#### 19E Failure to comply with production notice\n\n19E Failure to comply with production notice\n\n> > (1) The relevant owner of a recreational vessel is guilty of an offence if—\n> > \n> > > (a) the relevant owner is given a recreational vessel production notice in relation to the vessel, and\n> > \n> > > (b) without reasonable excuse, the relevant owner fails to move the vessel to or produce it at, or cause it to be moved to or produced at, the place, on the date and within the time period, specified in the notice.\n> > \n> > Maximum penalty—30 penalty units.\n> \n> > (2) The responsible regulator may suspend the registration of a vessel for a period not exceeding 3 months if the relevant owner of the vessel—\n> > \n> > > (a) is found guilty of an offence against this section, or\n> > \n> > > (b) pays the whole or part of the amount specified in a penalty notice issued in respect of an offence against this section, or in any process subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, or\n> > \n> > > (c) has not paid the amount so specified, has not elected to have the matter dealt with by a court and the time for electing to have the matter so dealt with has elapsed.\n> \n> > (3) Any suspension under subsection (2) is in addition to any penalty imposed by a court or prescribed by the regulations for the offence.\n> \n> > (4) If the relevant owner of a recreational vessel is issued with a second recreational vessel production notice after failing to comply with subsection (1) and the relevant owner fails to comply with subsection (1) in relation to the second production notice, the vessel is forfeited to the Crown unless already forfeited under section 19F or the court otherwise directs under section 19G.\n> \n> **s 19E:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[19\\] \\[23\\] \\[24\\].","sortOrder":60},{"sectionNumber":"19F","sectionType":"section","heading":"Forfeiture of vessel","content":"#### 19F Forfeiture of vessel\n\n19F Forfeiture of vessel\n\n> > (1) A vessel that is used in connection with an offence specified in section 19A (1) that is a second or subsequent offence under that section within a 5-year period is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 19E or the court otherwise directs under section 19G.\n> \n> > (2) Any forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the forfeiture is taken to be, or to be part of, that penalty.\n> \n> **s 19F:** Ins 2016 No 28, Sch 1 \\[18\\].","sortOrder":61},{"sectionNumber":"19G","sectionType":"section","heading":"Commutation of forfeiture","content":"#### 19G Commutation of forfeiture\n\n19G Commutation of forfeiture\n\n> > (1) The court that finds a person guilty of an offence referred to in section 19E (4) or 19F (1) may, at the time of making that finding, by order direct that the forfeiture that would otherwise be imposed under the relevant provision by that finding be commuted to a period of impounding specified in the order, if the court is satisfied that the forfeiture of the vessel will cause extreme hardship to the relevant owner of the vessel or any other person.\n> \n> > (2) The period for which a vessel was impounded under section 19D is to be reckoned as counting towards a period of impounding imposed under this section.\n> \n> > (3) A vessel impounded by an order of a court under this section is to be retained by the Commissioner of Police or Transport for NSW for the time required by the order, unless it is sooner released under this Division.\n> \n> **s 19G:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[19\\].","sortOrder":62},{"sectionNumber":"19H","sectionType":"section","heading":"Interested persons to be notified","content":"#### 19H Interested persons to be notified\n\n19H Interested persons to be notified\n\n> > (1) The relevant owner of a vessel is to give the holder of any registered interest in the vessel notice of the imposition of any sanction in relation to the vessel operated in connection with the offence concerned under section 19A.\n> \n> > (2) The Commissioner of Police is to notify Transport for NSW of any offence under this Division.\n> \n> > (3) Transport for NSW is to notify the relevant owner of a vessel of the imposition of any action taken in relation to the vessel operated in connection with any offence under this Division.\n> \n> > (4) In this section, registered interest, in relation to a vessel, means a security interest in the vessel with respect to which a financing statement (within the meaning of the [Personal Property Securities Act 2009](http://www.legislation.gov.au/) of the Commonwealth) has been registered under that Act.\n> \n> **s 19H:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[1\\]; 2025 No 12, Sch 1\\[19\\] \\[25\\].","sortOrder":63},{"sectionNumber":"19I","sectionType":"section","heading":"Retention of vessel impounded under this Division","content":"#### 19I Retention of vessel impounded under this Division\n\n19I Retention of vessel impounded under this Division\n\n> The Commissioner of Police or Transport for NSW is to retain a vessel impounded under section 19D for the period of 3 months after its impoundment, unless it is sooner released under this Division or in accordance with the regulations.\n> \n> **s 19I:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\].","sortOrder":64},{"sectionNumber":"19J","sectionType":"section","heading":"Early release of vessel on application to Local Court","content":"#### 19J Early release of vessel on application to Local Court\n\n19J Early release of vessel on application to Local Court\n\n> > (1) A person may apply to the Local Court for an order for the release into the person’s custody of a vessel impounded under this Division before the end of the period of impounding imposed on the vessel.\n> \n> > (2) An order cannot provide for release on a day that is less than 5 working days after the vessel was impounded.\n> \n> > (3) In determining whether to make an order under this section, the Local Court is entitled to have regard to the following—\n> > \n> > > (a) the safety of the public and the public interest in preventing the use of a vessel that the Court considers is reasonably likely in all the circumstances to be used for further offences specified in section 19A (1),\n> > \n> > > (b) any alleged extreme hardship to a person other than the relevant owner of the vessel arising from the impoundment of the vessel.\n> \n> > (4) The vessel is to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 19K.\n> \n> > (5) An applicant into whose custody a vessel is released by an order under this section must acknowledge in writing receipt of the vessel from the custody of the Commissioner of Police or Transport for NSW.\n> \n> **s 19J:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[19\\].","sortOrder":65},{"sectionNumber":"19K","sectionType":"section","heading":"Release of impounded vessel","content":"#### 19K Release of impounded vessel\n\n19K Release of impounded vessel\n\n> > (1) The regulations may prescribe the fees (if any) payable in respect of the movement, towage and storage of an impounded vessel and the persons responsible for payment of those fees.\n> \n> > (2) It is the duty of the Commissioner of Police or Transport for NSW to endeavour to cause any impounded vessel to be available as soon as practicable for collection by the person entitled to the vessel.\n> \n> > (3) However, the Commissioner of Police or Transport for NSW is not required to release any vessel under this section unless all movement, towing and storage fees payable under this section in respect of the impounded vessel have been paid in full.\n> \n> > (4) An applicant to whom a vessel is released under this section must in writing acknowledge receipt of the vessel from the custody of the Commissioner of Police or Transport for NSW.\n> \n> > (5) The Commissioner of Police or Transport for NSW may waive the whole or any part of the prescribed fees for movement, towage and storage of a vessel.\n> \n> **s 19K:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\]; 2025 No 12, Sch 1\\[26\\] \\[27\\].","sortOrder":66},{"sectionNumber":"19L","sectionType":"section","heading":"Safe keeping of vessels","content":"#### 19L Safe keeping of vessels\n\n19L Safe keeping of vessels\n\n> The Commissioner of Police or Transport for NSW has (in their official capacity) a duty to take all reasonable steps to secure an impounded vessel against theft or damage while impounded.\n> \n> **s 19L:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\].","sortOrder":67},{"sectionNumber":"19M","sectionType":"section","heading":"Disposal of vessels","content":"#### 19M Disposal of vessels\n\n19M Disposal of vessels\n\n> > (1) The Commissioner of Police or Transport for NSW may cause an impounded or forfeited vessel to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.\n> \n> > (2) The vessel may be disposed of otherwise than by sale if the Commissioner of Police or Transport for NSW believes it is appropriate in the circumstances to dispose of the vessel otherwise than by sale.\n> \n> > (3) If the vessel offered for sale is not sold, the Commissioner of Police or Transport for NSW may dispose of the vessel otherwise than by sale.\n> \n> > (4) The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.\n> \n> > (5) The Commissioner of Police or Transport for NSW may dispose of a vessel that is the subject of forfeiture under section 19F by releasing it to Transport for NSW to be used for the purposes of crash testing and any educational program for operators of vessels established by Transport for NSW.\n> \n> > (6) Transport for NSW may cause any vessel released to it to be used for the purposes of crash testing and any educational program for operators of vessels established by Transport for NSW.\n> \n> **s 19M:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[3\\] \\[5\\].","sortOrder":68},{"sectionNumber":"19N","sectionType":"section","heading":"Protection from liability with respect to impounding and other matters","content":"#### 19N Protection from liability with respect to impounding and other matters\n\n19N Protection from liability with respect to impounding and other matters\n\n> No action lies against the Crown, the Minister, the Commissioner of Police, Transport for NSW or any authorised officer for—\n> \n> > (a) any damage to, or theft of, a vessel caused by, or arising from, impounding or crash testing a vessel in accordance with this Division, or\n> \n> > (b) failure by any person to give the holder of a registered interest notice as required by section 19H.\n> \n> **s 19N:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[6\\].","sortOrder":69},{"sectionNumber":"19O","sectionType":"section","heading":"Failure to prosecute","content":"#### 19O Failure to prosecute\n\n19O Failure to prosecute\n\n> > (1) No action lies against the Crown, the Minister, the Commissioner of Police, Transport for NSW or any authorised officer in respect of the seizure or impounding of a vessel under this Division for an alleged offence for which no proceedings or process are taken or issued.\n> \n> > (2) This section does not protect an authorised officer from liability in respect of the seizure, otherwise than in good faith, of a vessel.\n> \n> **s 19O:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2020 No 30, Sch 4.42\\[7\\].","sortOrder":70},{"sectionNumber":"19P","sectionType":"section","heading":"Search warrants","content":"#### 19P Search warrants\n\n19P Search warrants\n\n> > (1) A police officer may apply to an authorised warrants officer for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a vessel that has been operated as referred to in section 19A.\n> \n> > (2) An authorised warrants officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant—\n> > \n> > > (a) to enter the premises, and\n> > \n> > > (b) to search the premises for such a vessel, and\n> > \n> > > (c) to seize such a vessel, and otherwise deal with it, in accordance with this Division.\n> \n> > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section.\n> \n> > (4) In this section—\n> > \n> > authorised warrants officer means an authorised officer within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> > \n> > premises has the same meaning as in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> \n> **s 19P:** Ins 2016 No 28, Sch 1 \\[18\\].","sortOrder":71},{"sectionNumber":"19Q","sectionType":"section","heading":"Appeal against decisions","content":"#### 19Q Appeal against decisions\n\n19Q Appeal against decisions\n\n> > (1) A person may appeal to the Local Court against the decision of a responsible regulator made in relation to the person under section 19E (2).\n> \n> > (2) Notice of an appeal is to be lodged with the Local Court within 28 days after the date on which the person was notified of the relevant decision.\n> \n> > (3) Subject to the rules of court of the Local Court, the notice of appeal must specify the grounds of appeal.\n> \n> > (4) An appeal does not operate to stay the effect of the responsible regulator’s decision unless the Local Court otherwise orders.\n> \n> > (5) If the effect of a decision is stayed under this section, it is stayed only for so long as any conditions imposed by the Local Court when ordering the stay are complied with.\n> \n> **s 19Q:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[24\\] \\[28\\].","sortOrder":72},{"sectionNumber":"19R","sectionType":"section","heading":"Procedure on notice of appeal","content":"#### 19R Procedure on notice of appeal\n\n19R Procedure on notice of appeal\n\n> > (1) The relevant registrar of the Local Court must give notice of the time and place of the hearing of an appeal to the responsible regulator and to the appellant.\n> \n> > (2) A notice given under subsection (1) is to inform the person to whom it is given of the grounds of the appeal.\n> \n> > (3) The hearing of an appeal may proceed regardless of any omission from or error in a notice given under this section or the failure to give the notice if the Local Court is satisfied that the appellant and the responsible regulator knew of the time and place of the hearing and were not prejudiced by the omission, error or failure to give notice.\n> \n> **s 19R:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[24\\].","sortOrder":73},{"sectionNumber":"19S","sectionType":"section","heading":"Procedure on appeal","content":"#### 19S Procedure on appeal\n\n19S Procedure on appeal\n\n> > (1) An appeal under section 19Q is to be heard before the Local Court.\n> \n> > (2) The Local Court is to hear and determine the appeal and may confirm (with or without variation) the decision appealed against, set aside the decision, dismiss the appeal or make any other order as seems just to the Court in the circumstances.\n> \n> > (3) In varying a decision in an appeal under this Division, the Local Court may exercise only such powers as the responsible regulator could have exercised under this Act when making that decision.\n> \n> > (4) If the decision that is appealed against was based on an offence committed (or alleged to have been committed) by the appellant under this Act or any other law, the appeal against the decision does not permit review of—\n> > \n> > > (a) the guilt or innocence of the appellant for the offence, or\n> > \n> > > (b) the imposition of a penalty or the level of a penalty imposed on the appellant for the offence.\n> \n> > (5) The Local Court is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it sees fit.\n> \n> > (6) The civil standard of proof applies in proceedings on an appeal.\n> \n> > (7) Subject to the regulations, any material considered by the responsible regulator in reaching the decision the subject of the appeal and copies of any notices, documents or letters served on the appellant by the responsible regulator together with details of their service are admissible in the proceedings.\n> \n> > (8) The authenticity of any such material, notices, documents, letters and service must be certified by an authorised officer.\n> \n> > (9) The decision of the Local Court given in any appeal under this Division is final and is taken to be the decision of the responsible regulator and to be carried into effect accordingly.\n> \n> **s 19S:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[24\\].","sortOrder":74},{"sectionNumber":"19T","sectionType":"section","heading":"Regulations may make provision for appeals and original applications","content":"#### 19T Regulations may make provision for appeals and original applications\n\n19T Regulations may make provision for appeals and original applications\n\n> The regulations may make provision for or with respect to the following—\n> \n> > (a) the matters that the Local Court may or must take into account (or not take into account) when determining an appeal under this Division,\n> \n> > (b) the manner of notification of specified decisions by a responsible regulator or any other person to persons affected by the decisions,\n> \n> > (c) the notification of appeal rights concerning specified decisions to persons affected by the decision,\n> \n> > (d) the giving of reasons for specified decisions,\n> \n> > (e) the grounds on which the Local Court may (or may not) allow an appeal against specified decisions,\n> \n> > (f) the adjournment of appeals under this Division,\n> \n> > (g) the internal review of specified decisions as a precondition to appeals against such decisions under this Division,\n> \n> > (h) the actions that may be taken by the Local Court, or must be taken by a responsible regulator or any other person, after the determination of an appeal under this Division,\n> \n> > (i) the circumstances in which specified decisions are or are not stayed (or may or may not be stayed) by the Local Court pending the determination of an appeal under this Division,\n> \n> > (j) the admission of specified certified documents in evidence in an appeal under this Division as prima facie evidence of the matters stated in the document.\n> \n> **s 19T:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[24\\].","sortOrder":75},{"sectionNumber":"19U","sectionType":"section","heading":"References to vessels include trailers","content":"#### 19U References to vessels include trailers\n\n19U References to vessels include trailers\n\n> In this Division, a reference to a vessel includes a reference to any trailer used to carry the vessel.\n> \n> **s 19U:** Ins 2016 No 28, Sch 1 \\[18\\]. Am 2025 No 12, Sch 1\\[29\\].","sortOrder":76},{"sectionNumber":"19V","sectionType":"section","heading":"Definition","content":"#### 19V Definition\n\n19V Definition\n\n> In this division—\n> \n> offshore anchorage, in relation to a port, means an area of State waters declared under this division as an anchorage for the port.\n> \n> **s 19V:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":78},{"sectionNumber":"19W","sectionType":"section","heading":"Declaration of offshore anchorages","content":"#### 19W Declaration of offshore anchorages\n\n19W Declaration of offshore anchorages\n\n> > (1) The Minister may, by order published in the Gazette, declare an area of State waters as an offshore anchorage for a port.\n> \n> > (2) In deciding whether to make the declaration, the Minister must consider the following—\n> > \n> > > (a) the safe operation of vessels,\n> > \n> > > (b) the protection of the environment,\n> > \n> > > (c) the current and likely future volume of vessel movement,\n> > \n> > > (d) the conservation of the State’s heritage,\n> > \n> > > (e) other matters the Minister considers relevant to the decision.\n> \n> **s 19W:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":79},{"sectionNumber":"19X","sectionType":"section","heading":"Directions to use or leave offshore anchorages","content":"#### 19X Directions to use or leave offshore anchorages\n\n19X Directions to use or leave offshore anchorages\n\n> > (1) The Minister may give a direction that a vessel must—\n> > \n> > > (a) anchor at an offshore anchorage, or\n> > \n> > > (b) leave an offshore anchorage.\n> \n> > (2) A person to whom a direction under subsection (1) is given must not, without reasonable excuse, fail to comply with the direction.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> **s 19X:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":80},{"sectionNumber":"19Y","sectionType":"section","heading":"Definitions","content":"#### 19Y Definitions\n\n19Y Definitions\n\n> In this division—\n> \n> disused sea cable means a sea cable that has ceased to be used.\n> \n> relevant port means the following—\n> \n> > (a) a pilotage port with the boundaries described for the port under the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013), section 105,\n> \n> > (b) another port with the boundaries prescribed by the regulations.\n> \n> sea cable means the following infrastructure on the bed of a port—\n> \n> > (a) a cable for telecommunication, electricity transmission or electricity distribution,\n> \n> > (b) a pipeline.\n> \n> **s 19Y:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":82},{"sectionNumber":"19Z","sectionType":"section","heading":"Disturbance or interference with bed of relevant ports","content":"#### 19Z Disturbance or interference with bed of relevant ports\n\n19Z Disturbance or interference with bed of relevant ports\n\n> > (1) A person must not disturb or interfere with the bed of a relevant port, including to install a sea cable in the port, except with an approval granted by the harbour master of the port.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person may apply to the harbour master of a relevant port for approval to disturb or interfere with the bed of the port.\n> \n> > (3) The harbour master may—\n> > \n> > > (a) grant the approval with or without conditions, or\n> > \n> > > (b) refuse to grant the approval.\n> \n> > (4) The person must not, without reasonable excuse, fail to comply with the conditions of the approval.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (5) A person who owns a sea cable is bound by the conditions of an approval granted under this section in relation to the sea cable, even if the person did not own the sea cable when the approval was granted.\n> \n> > (6) This section does not apply to a disturbance or interference that is—\n> > \n> > > (a) trivial, or\n> > > \n> > > Example—\n> > > \n> > > a fishing hook that, in the course of recreational fishing, drags along the bed of the port\n> > \n> > > (b) caused by a thing lawfully erected in navigable waters, or\n> > > \n> > > Example—\n> > > \n> > > a mooring approved by Transport for NSW\n> > \n> > > (c) otherwise required by law.\n> > > \n> > > Example—\n> > > \n> > > the removal of a sea cable under this division\n> \n> > (7) The regulations may provide for applications for approvals, including application fees.\n> \n> **s 19Z:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":83},{"sectionNumber":"19ZA","sectionType":"section","heading":"Removal of sea cables from relevant ports","content":"#### 19ZA Removal of sea cables from relevant ports\n\n19ZA Removal of sea cables from relevant ports\n\n> > (1) The owner of a sea cable within a relevant port must give written notice to the harbour master of the port, in accordance with the regulations, no later than 90 days after the earlier of the following occurs—\n> > \n> > > (a) the owner becomes aware that the sea cable is a disused sea cable,\n> > \n> > > (b) the owner ought reasonably to have become aware that the sea cable is a disused sea cable.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) If the harbour master is notified, or otherwise becomes aware, of the disused sea cable, the harbour master may, by written notice, direct the owner to remove the disused sea cable from the relevant port—\n> > \n> > > (a) in a way the harbour master reasonably considers appropriate, and\n> > \n> > > (b) within the reasonable time specified by the harbour master.\n> \n> > (3) The owner must not, without reasonable excuse, fail to comply with the direction.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) Before giving the direction, the harbour master must—\n> > \n> > > (a) give the owner written notice of the proposed direction, and\n> > \n> > > (b) give the owner a reasonable opportunity to make submissions about the proposed direction, and\n> > \n> > > (c) consider the submissions received.\n> \n> > (5) Subsection (4) does not apply in an emergency.\n> \n> > (6) The harbour master may, by written notice given to the owner of the sea cable, require the owner to give the harbour master additional information that the harbour master considers reasonably necessary to decide whether to give a direction.\n> \n> > (7) The harbour master must not give a direction, or must revoke a direction already given, if the owner satisfies the harbour master that—\n> > \n> > > (a) the operation of another Act or law prevents the owner from lawfully removing the disused sea cable, and\n> > \n> > > (b) the proposed removal of the disused sea cable poses a significant risk to the safety of persons or the environment, taking into account measures that may be taken to mitigate the risk.\n> \n> > (8) Subsection (7)(a) does not apply if—\n> > \n> > > (a) the Act or law provides a process under which the owner may remove the sea cable, and\n> > \n> > > (b) the owner failed to take reasonable steps to undertake the process.\n> \n> > (9) If the owner fails to comply with the direction, the harbour master may—\n> > \n> > > (a) make reasonable arrangements for the disused sea cable to be removed, and\n> > \n> > > (b) recover the costs of the removal of the disused sea cable from the owner as a debt in a court of competent jurisdiction.\n> \n> **s 19ZA:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":84},{"sectionNumber":"19ZB","sectionType":"section","heading":"Division subject to Environmental Planning and Assessment Act 1979","content":"#### 19ZB Division subject to Environmental Planning and Assessment Act 1979\n\n19ZB Division subject to [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)\n\n> Nothing in this division removes the requirement to obtain development consent or approval in accordance with the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **s 19ZB:** Ins 2025 No 12, Sch 1\\[30\\].","sortOrder":85},{"sectionNumber":"Part 3","sectionType":"part","heading":"Boating safety—alcohol and other drug use","content":"# Part 3 Boating safety—alcohol and other drug use\n\nPart 3 Boating safety—alcohol and other drug use\n\n**pt 3:** Subst 2008 No 59, Sch 1 \\[12\\].","sortOrder":86},{"sectionNumber":"20","sectionType":"section","heading":"Definitions","content":"#### 20 Definitions\n\n20 Definitions\n\n> > (1) In this Part—\n> > \n> > juvenile means a person who is not more than 16 years of age.\n> > \n> > major offence means—\n> > \n> > > (a) the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or\n> > \n> > > (b) an offence against this Part.\n> > \n> > operate, a vessel, includes—\n> > \n> > > (a) being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or\n> > \n> > > (b) act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or\n> > \n> > > (c) supervise a juvenile operator of a motor vessel.\n> \n> > (2) A reference in this Part to a major offence includes a reference to any such offence committed before the commencement of this Part.\n> > \n> > Note.\n> > \n> > A reference to a major offence includes an offence against Part 2 of the [Marine (Boating Safety—Alcohol and Drugs) Act 1991](/view/html/repealed/current/act-1991-080) committed before the repeal of that Act by this Act (see clause 3 of Schedule 4).\n> \n> > (3) An offence against a provision of this Part is a second or subsequent offence only if, within the period of 5 years immediately before a person is convicted of the offence, the person was convicted of another offence against the same provision or of a major offence.\n> \n> > (4) An offence against a provision of this Part is a first offence if it is not a second or subsequent offence.\n> \n> **s 20:** Am 1999 No 19, Sch 2.21 \\[1\\]; 2005 No 4, Sch 1 \\[1\\]. Subst 2008 No 59, Sch 1 \\[12\\]. Am 2013 No 19, Sch 4.42 \\[1\\]; 2025 No 12, Sch 1\\[32\\]–\\[34\\].","sortOrder":88},{"sectionNumber":"21","sectionType":"section","heading":"Application of Part and Schedule 1","content":"#### 21 Application of Part and Schedule 1\n\n21 Application of Part and Schedule 1\n\n> > (1) This Part and Schedule 1 apply to all vessels. However, this Part and Schedule 1 do not apply to a surfboard or similar device used by a swimmer or surfer to support the swimmer or surfer in the water (other than a sailboard or a device being towed by a vessel).\n> \n> > (2) This Part and Schedule 1 apply to a vessel only while the vessel is underway.\n> \n> > (3) This Part and Schedule 1 apply to all waters, whether or not they are navigable waters.\n> \n> **s 21:** Subst 2008 No 59, Sch 1 \\[12\\].","sortOrder":89},{"sectionNumber":"22","sectionType":"section","heading":"Prescribed concentrations of alcohol","content":"#### 22 Prescribed concentrations of alcohol\n\n22 Prescribed concentrations of alcohol\n\n> In this Part and in Schedule 1—\n> \n> > (a) novice range prescribed concentration of alcohol means a concentration of more than zero grammes, but less than 0.02 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and\n> \n> > (b) special range prescribed concentration of alcohol means a concentration of 0.02 grammes or more, but less than 0.05 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and\n> \n> > (c) low range prescribed concentration of alcohol means a concentration of 0.05 grammes or more, but less than 0.08 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and\n> \n> > (d) middle range prescribed concentration of alcohol means a concentration of 0.08 grammes or more, but less than 0.15 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and\n> \n> > (e) high range prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.\n> \n> **s 22:** Am 2005 No 4, Sch 1 \\[2\\]; 2007 No 99, Sch 2.5 \\[1\\] \\[2\\]. Subst 2008 No 59, Sch 1 \\[12\\]. Am 2016 No 28, Sch 1 \\[19\\].","sortOrder":90},{"sectionNumber":"23","sectionType":"section","heading":"Measurement of alcohol concentrations","content":"#### 23 Measurement of alcohol concentrations\n\n23 Measurement of alcohol concentrations\n\n> > (1) For the purposes of this Part and Schedule 1, the concentration of alcohol present in a person’s breath or blood may be expressed as follows—\n> > \n> > > (a) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grammes in 210 litres of breath,\n> > \n> > > (b) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grammes in 100 millilitres of blood,\n> > \n> > > (c) in the case of a sample of blood—the amount of alcohol in grammes in 100 millilitres of blood.\n> \n> > (2) An amount of alcohol in grammes present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grammes present in blood when measured by reference to 100 millilitres of blood.\n> \n> > (3) Accordingly, any offence under this Part relating to the presence of a specified concentration of alcohol in a person’s breath or blood at the time of the occurrence of a particular event is a single offence regardless of whether the concentration of alcohol concerned is measured by reference to the amount of alcohol present in breath or in blood (or both).\n> \n> **s 23:** Subst 2008 No 59, Sch 1 \\[12\\].","sortOrder":91},{"sectionNumber":"24","sectionType":"section","heading":"Presence of prescribed concentration of alcohol in person’s breath or blood","content":"#### 24 Presence of prescribed concentration of alcohol in person’s breath or blood\n\n24 Presence of prescribed concentration of alcohol in person’s breath or blood\n\n> > (1) Offence—novice range prescribed concentration of alcohol A person who is under 18 years of age must not, while there is present in the person’s breath or blood the novice range prescribed concentration of alcohol, operate a vessel in any waters.\n> > \n> > Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).\n> \n> > (2) Offence—special range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the special range prescribed concentration of alcohol if—\n> > \n> > > (a) the person is under 18 years of age, or\n> > \n> > > (b) the person is operating the vessel for commercial purposes.\n> > \n> > Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).\n> \n> > (3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol, operate a vessel in any waters.\n> > \n> > Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).\n> \n> > (4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol, operate a vessel in any waters.\n> > \n> > Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).\n> \n> > (5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol, operate a vessel in any waters.\n> > \n> > Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).\n> \n> > (6) Alternative verdicts for lesser offences If the court on a prosecution of a person for an offence against any subsection of this section is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section of a less serious nature, the court may acquit the person of the offence with which the person is charged and find the person guilty of an offence against the other subsection. The person is liable to be punished accordingly.\n> \n> > (7) For the purposes of subsection (6)—\n> > \n> > > (a) an offence against subsection (1), (2), (3) or (4) is of a less serious nature than an offence against subsection (5), and\n> > \n> > > (b) an offence against subsection (1), (2) or (3) is of a less serious nature than an offence against subsection (4), and\n> > \n> > > (c) an offence against subsection (1) or (2) is of a less serious nature than an offence against subsection (3), and\n> > \n> > > (d) an offence against subsection (1) is of a less serious nature than an offence against subsection (2).\n> \n> > (8) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the subsection.\n> \n> > (9) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (1) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following—\n> > \n> > > (a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance),\n> > \n> > > (b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.\n> \n> **s 24:** Am 2005 No 4, Sch 1 \\[3\\] \\[4\\]; 2007 No 99, Sch 2.5 \\[3\\] \\[4\\]. Subst 2008 No 59, Sch 1 \\[12\\]; 2016 No 28, Sch 1 \\[20\\].\n> \n> **s 24A:** Ins 2005 No 4, Sch 1 \\[5\\]. Am 2007 No 99, Sch 2.5, \\[5\\]. Rep 2008 No 59, Sch 1 \\[12\\].","sortOrder":93},{"sectionNumber":"25","sectionType":"section","heading":"Presence of certain drugs (other than alcohol) in oral fluid, blood or urine","content":"#### 25 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine\n\n25 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine\n\n> > (1) Presence of prescribed illicit drug in person’s oral fluid, blood or urine A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug, operate a vessel in any waters.\n> > \n> > Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).\n> \n> > (2) If a person is charged with an offence against subsection (1)—\n> > \n> > > (a) the court attendance notice may allege that more than one prescribed illicit drug was present in the oral fluid, blood or urine of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and\n> > \n> > > (b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the oral fluid, blood or urine of the defendant—\n> > > \n> > > > (i) a drug described in the court attendance notice, or\n> > > \n> > > > (ii) a combination of drugs any one or more of which was or were described in the court attendance notice.\n> \n> > (3) Presence of morphine in person’s blood or urine A person must not, while there is present in the person’s blood or urine any morphine, operate a vessel in any waters.\n> > \n> > Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).\n> \n> > (4) If a person is charged with an offence against subsection (3), the offence is proved if the court is satisfied beyond reasonable doubt that morphine was present in the blood or urine of the defendant (whether or not in combination with any other drugs).\n> \n> > (5) Defence for offence relating to presence of morphine in person’s blood or urine It is a defence to a prosecution for an offence against subsection (3) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s blood or urine of morphine was caused by the consumption of a substance for medicinal purposes.\n> \n> > (6) Meaning of “consumption for medicinal purposes” For the purposes of this section, a substance is consumed for medicinal purposes only if it is—\n> > \n> > > (a) a drug prescribed by a medical practitioner taken in accordance with a medical practitioner’s prescription, or\n> > \n> > > (b) a codeine-based medicinal drug purchased from a pharmacy that has been taken in accordance with the manufacturer’s instructions.\n> \n> **s 25:** Subst 2008 No 59, Sch 1 \\[12\\]; 2016 No 28, Sch 1 \\[20\\]. Am 2018 No 15, Sch 2.1 \\[1\\] \\[2\\].","sortOrder":94},{"sectionNumber":"26","sectionType":"section","heading":"Operating vessel under influence of alcohol or other drug","content":"#### 26 Operating vessel under influence of alcohol or other drug\n\n26 Operating vessel under influence of alcohol or other drug\n\n> > (1) A person must not operate a vessel in any waters while under the influence of alcohol or any other drug.\n> > \n> > Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).\n> \n> > (2) The master of a vessel must not permit a person to operate in any waters a vessel in the charge of the master if the master is aware, or has reasonable cause to believe, that the person is under the influence of alcohol or any other drug.\n> > \n> > Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).\n> \n> > (3) If a person is charged with an offence under this section—\n> > \n> > > (a) the court attendance notice may allege the person was under the influence of more than 1 drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and\n> > \n> > > (b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of—\n> > > \n> > > > (i) a drug described in the court attendance notice, or\n> > > \n> > > > (ii) a combination of drugs any one or more of which was or were described in the court attendance notice.\n> \n> **s 26:** Am 2000 No 93, Sch 2.31 \\[1\\] \\[2\\]. Subst 2008 No 59, Sch 1 \\[12\\];2016 No 28, Sch 1 \\[20\\].","sortOrder":95},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27, 28\n\n**s 27:** Subst 2008 No 59, Sch 1 \\[12\\]. Rep 2016 No 28, Sch 1 \\[20\\].","sortOrder":96},{"sectionNumber":"28A","sectionType":"section","heading":"Cancellation and suspension of marine safety licences","content":"#### 28A Cancellation and suspension of marine safety licences\n\n28A Cancellation and suspension of marine safety licences\n\n> > (1) If a person is convicted of an offence against this Part in relation to the operation of a vessel and, at the time the offence was committed, the person was required by or under this Act to hold a marine safety licence in order to operate the vessel, the court may, by order—\n> > \n> > > (a) cancel or suspend the licence, and\n> > \n> > > (b) disqualify the convicted person from holding or obtaining a marine safety licence for a period specified by the court.\n> \n> > (2) The holder of a marine safety licence referred to in subsection (1) who is convicted of an offence against a provision specified in the Table to this subsection is automatically disqualified from holding or obtaining such a licence for—\n> > \n> > > (a) the period specified in Column 1 of the Table for that offence—if during the period of 5 years before the conviction the person had not been convicted of any other major offence, or\n> > \n> > > (b) the period specified in Column 2 of the Table for that offence—if during the period of 5 years before the conviction the person has been convicted of any other major offence.\n> > \n> > Table Disqualification periods\n> > \n> > | Offence | Column 1 | Column 2 |\n> > | Section 24 (1), (2) or (3) | 3 months | 6 months |\n> > | Section 24 (4) | 6 months | 12 months |\n> > | Section 24 (5) | 12 months | 2 years |\n> > | Section 25 (1) | 6 months | 12 months |\n> > | Section 25 (3) | 6 months | 12 months |\n> > | Section 26 (1) | 6 months | 12 months |\n> \n> > (3) However, the court before which the person is convicted may order that the convicted person be disqualified under subsection (2) for a shorter period specified in the order.\n> \n> > (4) Any disqualification under this section is in addition to any penalty imposed for the offence.\n> \n> > (5) The court is to cause particulars of any cancellation, suspension or disqualification under this section to be forwarded to Transport for NSW.\n> \n> Note.\n> \n> Section 135A deals with National licences.\n> \n> **s 28A:** Ins 2008 No 59, Sch 1 \\[12\\]. Am 2012 No 90, Sch 1 \\[11\\]; 2016 No 28, Sch 1 \\[22\\] \\[23\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":98},{"sectionNumber":"28B","sectionType":"section","heading":"Application of section 10 of Crimes (Sentencing Procedure) Act 1999","content":"#### 28B Application of section 10 of Crimes (Sentencing Procedure) Act 1999\n\n28B Application of section 10 of [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092)\n\n> > (1) The provisions of section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to or in respect of a person who is charged with an alcohol or drug offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge (whether such period commenced before or after the commencement of this section), the provisions of that section are or have been applied to or in respect of the person in respect of a charge for another alcohol or drug offence (whether of the same or a different kind).\n> \n> > (2) In this section—\n> > \n> > alcohol or drug offence means an offence under section 24 or 26 or an offence of aiding, abetting, counselling or procuring the commission of such an offence.\n> \n> **s 28B:** Ins 2008 No 59, Sch 1 \\[12\\]. Am 2019 No 1, Sch 1.11 \\[1\\].","sortOrder":99},{"sectionNumber":"28C","sectionType":"section","heading":"Random breath testing and other matters related to alcohol and drug use","content":"#### 28C Random breath testing and other matters related to alcohol and drug use\n\n28C Random breath testing and other matters related to alcohol and drug use\n\n> Schedule 1 has effect.\n> \n> **s 28C:** Ins 2008 No 59, Sch 1 \\[12\\].","sortOrder":100},{"sectionNumber":"Part 4","sectionType":"part","heading":"Marine safety licences","content":"# Part 4 Marine safety licences\n\nPart 4 Marine safety licences","sortOrder":101},{"sectionNumber":"28D","sectionType":"section","heading":"Application of part","content":"#### 28D Application of part\n\n28D Application of part\n\n> > (1) This part does not apply to a commercial vessel, except as otherwise provided in this section.\n> \n> > (2) Provisions of this part relating to a bar crossing licence apply to a domestic commercial vessel.\n> \n> > (3) Provisions of this part relating to the following marine safety licences apply to a commercial vessel, including a domestic commercial vessel—\n> > \n> > > (a) an aquatic licence,\n> > \n> > > (b) a marine pilotage exemption certificate,\n> > \n> > > (c) a certificate of local knowledge,\n> > \n> > > (d) a special recreational vessel permit.\n> \n> **s 28D:** Ins 2025 No 12, Sch 1\\[35\\].","sortOrder":103},{"sectionNumber":"29","sectionType":"section","heading":"Types of marine safety licences","content":"#### 29 Types of marine safety licences\n\n29 Types of marine safety licences\n\n> In this Act, marine safety licence means the following—\n> \n> > (a) vessel registration certificate,\n> \n> > (b) aquatic licence,\n> \n> > (c) bar crossing licence,\n> \n> > (d) boat driving licence,\n> \n> > (e) certificate of local knowledge,\n> \n> > (f) marine pilotage exemption certificate,\n> \n> > (g) marine pilot’s licence,\n> \n> > (h) special recreational vessel permit,\n> \n> > (i) another licence or approval required by or under the marine legislation that is declared by the regulations to be a marine safety licence, whether for all or specified provisions of this Act.\n> \n> **s 29:** Am 2008 No 59, Sch 1 \\[13\\] \\[14\\]; 2012 No 90, Sch 1 \\[12\\]. Subst 2025 No 12, Sch 1\\[36\\].","sortOrder":104},{"sectionNumber":"29A","sectionType":"section","heading":"Grounds for finding persons not suitable to hold licence","content":"#### 29A Grounds for finding persons not suitable to hold licence\n\n29A Grounds for finding persons not suitable to hold licence\n\n> > (1) A person is not a suitable person to hold a marine safety licence in the following circumstances—\n> > \n> > > (a) the person is—\n> > > \n> > > > (i) not qualified to hold the licence, or\n> > > \n> > > > (ii) disqualified from holding the licence, or\n> > > \n> > > > (iii) otherwise not eligible for the licence under this Act or the regulations,\n> > \n> > > (b) the person does not have the knowledge or skills required for the licence,\n> > \n> > > (c) the responsible regulator is satisfied the person is not a suitable person to hold the licence.\n> \n> > (2) The responsible regulator may be satisfied a person is not a suitable person to hold a marine safety licence in the following circumstances—\n> > \n> > > (a) the person has failed to comply with a condition of a current or previous marine safety licence,\n> > \n> > > (b) fees for, or in connection with, a current or previous marine safety licence of the person are overdue and have been overdue for a period of at least 14 days,\n> > \n> > > (c) the person has committed an offence under—\n> > > \n> > > > (i) a provision of the marine legislation, or\n> > > \n> > > > (ii) the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 52B, or\n> > > \n> > > > (iii) a provision of a law of the Commonwealth or another State or Territory that the responsible regulator reasonably considers to be similar to a provision referred to in subparagraph (i) or (ii),\n> > \n> > > (d) for a marine safety licence other than a vessel registration certificate—the responsible regulator is satisfied the person is not a fit and proper person to hold the licence,\n> > \n> > > (e) for a vessel registration certificate—the person is, or has been, a relevant owner of a vessel and has—\n> > > \n> > > > (i) failed to comply with Part 5, Division 2 in relation to the vessel, or\n> > > \n> > > > (ii) been issued a statutory notice in relation to the vessel and has not complied with the notice.\n> \n> > (3) For subsection (2)(c), a person is taken to have committed an offence if—\n> > \n> > > (a) the person has been found guilty of the offence by a court, or\n> > \n> > > (b) the person—\n> > > \n> > > > (i) has been issued a penalty notice for the alleged offence, and\n> > > \n> > > > (ii) does not elect to have the matter dealt with by a court, and\n> > > \n> > > > (iii) either—\n> > > > \n> > > > > (A) pays the penalty required by the penalty notice for the alleged offence, or\n> > > > \n> > > > > (B) has enforcement action taken against the person under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), Part 4, Division 3 or 4.\n> \n> **s 29A:** Ins 2025 No 12, Sch 1\\[37\\].","sortOrder":105},{"sectionNumber":"30","sectionType":"section","heading":"Grant of licences","content":"#### 30 Grant of licences\n\n30 Grant of licences\n\n> > (1) A person may apply to the responsible regulator for the grant of a marine safety licence.\n> \n> > (2) The responsible regulator may—\n> > \n> > > (a) grant the licence in accordance with this Act and the regulations, or\n> > \n> > > (b) refuse to grant the licence.\n> \n> > (3) Without limiting subsection (1) or (2), a boat driving licence may be granted by including the boat driving licence on a driver licence granted in accordance with statutory rules made under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > Note—\n> > \n> > The [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), section 57A enables statutory rules made under that Act to provide for the granting of driver licences under that Act that include boat driving licences (combined licences). The section provides that combined licences have effect as both driver licences and boat driving licences for the road transport legislation, within the meaning of that Act, and the marine legislation.\n> \n> > (4) The responsible regulator must refuse to grant a marine safety licence to a person in the following circumstances—\n> > \n> > > (a) the person is not a suitable person to hold a marine safety licence,\n> > \n> > > (b) the responsible regulator decides the refusal is in the public interest,\n> > \n> > > (c) another circumstance prescribed by the regulations.\n> \n> > (5) The responsible regulator may refuse to grant a marine safety licence to a person in the following circumstances—\n> > \n> > > (a) the person gives information that is, in the responsible regulator’s opinion, inadequate to enable the application to be assessed properly,\n> > \n> > > (b) the person has given information for the purposes of the marine legislation that is false or misleading in a material particular,\n> > > \n> > > Note—\n> > > \n> > > The [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.\n> > \n> > > (c) the responsible regulator has requested further information or supporting evidence in relation to the application that has not been given,\n> > \n> > > (d) another circumstance prescribed by the regulations.\n> \n> > (6) The responsible regulator must give the person written notice of the refusal to grant the licence.\n> \n> > (7) The notice given to the person must state the reasons for the refusal.\n> \n> **s 30:** Am 2014 No 38, Sch 1.1 \\[2\\] \\[3\\]. Subst 2025 No 12, Sch 1\\[38\\].","sortOrder":107},{"sectionNumber":"31","sectionType":"section","heading":"Conditions of licences","content":"#### 31 Conditions of licences\n\n31 Conditions of licences\n\n> > (1) Marine safety licences may be granted unconditionally or subject to conditions.\n> \n> > (2) Without limiting subsection (1), a condition may relate to—\n> > \n> > > (a) a matter concerning marine safety, including insurance coverage, or indemnities, for damage or injury caused in connection with the activity to which the licence relates, or\n> > \n> > > (b) for a vessel registration certificate for a vessel—\n> > > \n> > > > (i) the condition or use of the vessel, or\n> > > \n> > > > (ii) the display of offensive or discriminatory material on the vessel.\n> \n> > (3) The responsible regulator may, at any time, by written notice to the holder of the licence—\n> > \n> > > (a) impose conditions or further conditions on the licence, or\n> > \n> > > (b) vary or revoke any of the conditions to which the licence is subject.\n> \n> > (4) A marine safety licence is also subject to such conditions as are prescribed by the regulations. Any such condition cannot be varied or revoked by the responsible regulator under this section.\n> \n> > (5) A condition under this section may restrict or limit an activity authorised by the licence.\n> \n> **s 31:** Am 2012 No 90, Sch 1 \\[13\\]; 2014 No 38, Sch 1.1 \\[2\\]; 2025 No 12, Sch 1\\[24\\] \\[39\\] \\[40\\].","sortOrder":108},{"sectionNumber":"32","sectionType":"section","heading":"Offence to contravene conditions of licence","content":"#### 32 Offence to contravene conditions of licence\n\n32 Offence to contravene conditions of licence\n\n> The holder of a marine safety licence must not, without lawful excuse, contravene any condition to which the licence is subject.\n> \n> Maximum penalty—50 penalty units.","sortOrder":109},{"sectionNumber":"33","sectionType":"section","heading":"Duration of licence","content":"#### 33 Duration of licence\n\n33 Duration of licence\n\n> > (1) A marine safety licence remains in force (unless sooner cancelled) for the period specified in the licence or (if no such period is specified) until cancelled.\n> \n> > (1A) If a boat driving licence is to be included on a driver licence granted under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Transport for NSW (as the responsible regulator for a boat driving licence) may alter the period during which the boat driving licence is in force so as to align it with the period during which the driver licence is in force.\n> \n> > (2) A marine safety licence is not in force during any period it is suspended.\n> \n> Note.\n> \n> See clause 4 of Schedule 4 with respect to duration of certain former licences.\n> \n> **s 33:** Am 2014 No 38, Sch 1.1 \\[4\\]; 2020 No 30, Sch 4.42\\[1\\]; 2025 No 12, Sch 1\\[24\\].","sortOrder":110},{"sectionNumber":"34","sectionType":"section","heading":"Transfer of licences","content":"#### 34 Transfer of licences\n\n34 Transfer of licences\n\n> A marine safety licence cannot be transferred, except as otherwise provided by this Act or the regulations.\n> \n> **s 34:** Rep 2008 No 59, Sch 1 \\[15\\]. Ins 2025 No 12, Sch 1\\[41\\].","sortOrder":111},{"sectionNumber":"35","sectionType":"section","heading":"Offences relating to licences","content":"#### 35 Offences relating to licences\n\n35 Offences relating to licences\n\n> > (1) A person must not pretend to be the holder of a marine safety licence.\n> \n> > (2) A person must not, for the purpose of obtaining a marine safety licence, provide any information or produce any document that the person knows is false or misleading in a material particular.\n> \n> Maximum penalty—50 penalty units.","sortOrder":112},{"sectionNumber":"36","sectionType":"section","heading":"Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge","content":"#### 36 Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge\n\n36 Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge\n\n> A marine pilot’s licence, marine pilotage exemption certificate or certificate of local knowledge must state, by way of condition, the ports or parts of ports (including berths) to which it applies.\n> \n> **s 36:** Am 2008 No 59, Sch 1 \\[16\\].","sortOrder":113},{"sectionNumber":"37","sectionType":"section","heading":"Regulations relating to licences","content":"#### 37 Regulations relating to licences\n\n37 Regulations relating to licences\n\n> > (1) The regulations may make provision for or with respect to marine safety licences.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a1) requiring a marine safety licence for the carrying out of any activity, or in relation to any other thing, that may be regulated under this Act,\n> > \n> > > (a) the classes of a particular type of licence,\n> > \n> > > (b) restrictions on the authority conferred by a particular type of licence or class of licence, whether by reference to the length of the vessel concerned or otherwise,\n> > \n> > > (c) applications for licences,\n> > \n> > > (d) the eligibility of applicants (including age, good character, qualifications, knowledge, experience, training and health),\n> > \n> > > (e) the testing or examination of applicants or the holders of licences to determine whether they are or continue to be eligible to hold a licence,\n> > \n> > > (f) the conditions of licences, including the continuing education and training of holders of licences,\n> > \n> > > (g) the grant of further licences after the expiry of licences,\n> > \n> > > (h) the granting of different types of licences in the same document,\n> > \n> > > (i) the replacement of licences that are lost, destroyed or defaced,\n> > \n> > > (j) the return of licences that require alteration,\n> > \n> > > (k) fees and charges payable in connection with licences and applications for licences, including in relation to the inspection of vessels,\n> > \n> > > (l) the suspension and cancellation of marine safety licences, and the disqualification of persons from holding or obtaining marine safety licences.\n> \n> **s 37:** Am 2003 No 65, Sch 2 \\[1\\]; 2008 No 59, Sch 1 \\[17\\] \\[18\\]; 2025 No 12, Sch 1\\[42\\].","sortOrder":114},{"sectionNumber":"38","sectionType":"section","heading":"Suspension or cancellation of licences","content":"#### 38 Suspension or cancellation of licences\n\n38 Suspension or cancellation of licences\n\n> > (1) The responsible regulator must suspend or cancel a marine safety licence in the following circumstances—\n> > \n> > > (a) the holder of the licence requests, or agrees to, the suspension or cancellation,\n> > \n> > > (b) the holder of the licence is not a suitable person to hold a marine safety licence,\n> > \n> > > (c) the responsible regulator decides the suspension or cancellation is in the public interest,\n> > \n> > > (d) another circumstance prescribed by the regulations.\n> \n> > (2) The responsible regulator may suspend or cancel a marine safety licence in the following circumstances—\n> > \n> > > (a) the holder of the licence has given information for the purposes of the marine legislation that is found to be false or misleading in a material particular,\n> > > \n> > > Note—\n> > > \n> > > The [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.\n> > \n> > > (b) another circumstance prescribed by the regulations.\n> > \n> > Note—\n> > \n> > The Minister may also suspend or cancel a marine safety licence under section 111.\n> \n> > (3) Before suspending or cancelling the licence, the responsible regulator must—\n> > \n> > > (a) give the holder of the licence written notice of the proposed suspension or cancellation, and\n> > \n> > > (b) give the holder of the licence a reasonable opportunity to make submissions about the proposed suspension or cancellation, and\n> > \n> > > (c) consider the submissions received.\n> \n> > (4) The responsible regulator may, by written notice given to the holder of the licence, require the holder to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to suspend or cancel the licence.\n> \n> > (5) The responsible regulator must give the holder of the licence written notice of the suspension or cancellation of the licence.\n> \n> > (6) The suspension or cancellation takes effect on—\n> > \n> > > (a) the date the notice of the suspension or cancellation is given, or\n> > \n> > > (b) a later date as specified in the notice.\n> \n> > (7) The notice given to the holder of the licence must state the following—\n> > \n> > > (a) the date the suspension or cancellation takes effect,\n> > \n> > > (b) if the licence is suspended—the date the suspension ends,\n> > \n> > > (c) if the holder did not request the suspension or cancellation—the reasons for the suspension or cancellation,\n> > \n> > > (d) the holder’s right to appeal the decision to suspend or cancel the licence.\n> \n> > (8) Subsections (3)–(7) do not apply to the suspension of a marine safety licence—\n> > \n> > > (a) in an emergency, or\n> > \n> > > (b) if there is a serious risk to public safety, or\n> > \n> > > (c) in another circumstance prescribed by the regulations.\n> \n> > (9) The responsible regulator may, at any time, remove the suspension of a marine safety licence imposed by the responsible regulator under this section.\n> \n> **s 38:** Subst 2008 No 59, Sch 1 \\[19\\]. Am 2014 No 38, Sch 1.1 \\[2\\]. Subst 2025 No 12, Sch 1\\[43\\].","sortOrder":116},{"sectionNumber":"38A","sectionType":"section","heading":"Cancellation of marine pilot’s licences on notification","content":"#### 38A Cancellation of marine pilot’s licences on notification\n\n38A Cancellation of marine pilot’s licences on notification\n\n> > (1) The holder of a marine pilot’s licence must give written notice to the responsible regulator as soon as practicable after the holder—\n> > \n> > > (a) retires, or\n> > \n> > > (b) has not been employed as a marine pilot by a pilotage service provider for a continuous period of 2 years.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) The responsible regulator may cancel the holder’s marine pilot’s licence if the responsible regulator is notified, or otherwise becomes aware, that the holder—\n> > \n> > > (a) is retired, or\n> > \n> > > (b) has not been employed as a marine pilot by a pilotage service provider for a continuous period of 2 years.\n> \n> > (3) Before cancelling the licence, the responsible regulator must—\n> > \n> > > (a) give the holder of the marine pilot’s licence written notice of the proposed cancellation, and\n> > \n> > > (b) give the holder of the marine pilot’s licence a reasonable opportunity to make submissions about the proposed cancellation, and\n> > \n> > > (c) consider the submissions received.\n> \n> > (4) The responsible regulator may, by written notice given to the holder of the marine pilot’s licence, require the holder to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to cancel the licence.\n> \n> > (5) The responsible regulator must give the holder of the marine pilot’s licence written notice of the cancellation.\n> \n> > (6) The cancellation takes effect on the date the notice of the cancellation is given.\n> \n> > (7) The notice given to the holder must state—\n> > \n> > > (a) the date the cancellation takes effect, and\n> > \n> > > (b) the reasons for the cancellation, and\n> > \n> > > (c) the holder’s right to appeal the decision to cancel the licence.\n> \n> > (8) In this section—\n> > \n> > pilotage service provider has the same meaning as in Part 6.\n> \n> **s 38A:** Ins 2025 No 12, Sch 1\\[44\\].","sortOrder":117},{"sectionNumber":"39","sectionType":"section","heading":"Cancellation and suspension of licences by court in connection with offence","content":"#### 39 Cancellation and suspension of licences by court in connection with offence\n\n39 Cancellation and suspension of licences by court in connection with offence\n\n> > (1) A court that convicts the holder of a marine safety licence of a marine safety offence in connection with activities to which the licence relates may, by order—\n> > \n> > > (a) cancel or suspend the licence, and\n> > \n> > > (b) disqualify the convicted person from holding or obtaining such a licence for a period specified by the court.\n> \n> > (2) Any disqualification under this section is in addition to any penalty imposed for the offence.\n> \n> > (2A) The court is to cause particulars of any cancellation, suspension or disqualification under this section to be forwarded to Transport for NSW.\n> \n> > (3) In this section, a marine safety offence means any offence relating to the operation of a vessel that causes the death or injury of a person or damage to property, or that causes a risk of any such death, injury or damage.\n> \n> Note.\n> \n> A licence may also be suspended or cancelled in connection with an alcohol or drug related boating offence—see section 28A. Section 135A deals with National licences.\n> \n> **s 39:** Am 2012 No 90, Sch 1 \\[14\\]; 2016 No 28, Sch 1 \\[24\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":118},{"sectionNumber":"40","sectionType":"section","heading":"Return of suspended or cancelled licence","content":"#### 40 Return of suspended or cancelled licence\n\n40 Return of suspended or cancelled licence\n\n> The holder of a marine safety licence suspended or cancelled under this Act must deliver the licence to the responsible regulator as soon as practicable after the licence is suspended or cancelled.\n> \n> Maximum penalty—10 penalty units.\n> \n> **s 40:** Am 2014 No 38, Sch 1.1 \\[2\\]; 2025 No 12, Sch 1\\[24\\].","sortOrder":119},{"sectionNumber":"Division 3A","sectionType":"division","heading":"Disqualification of persons from holding licences","content":"## Division 3A Disqualification of persons from holding licences\n\nDivision 3A Disqualification of persons from holding licences\n\n**pt 4, div 3A:** Ins 2025 No 12, Sch 1\\[45\\].","sortOrder":120},{"sectionNumber":"40A","sectionType":"section","heading":"Disqualification of persons from holding licences","content":"#### 40A Disqualification of persons from holding licences\n\n40A Disqualification of persons from holding licences\n\n> > (1) The responsible regulator may disqualify a person from holding or being granted a type of marine safety licence for a specified period of no more than 2 years if the person commits an offence against the marine legislation.\n> > \n> > Note—\n> > \n> > The Minister may also disqualify a person from holding or being granted a marine safety licence under section 111.\n> \n> > (2) For subsection (1), a person is taken to have committed an offence when the person is found guilty of the offence by a court.\n> \n> > (3) Before disqualifying a person from holding or being granted a licence, the responsible regulator must—\n> > \n> > > (a) give the person written notice of the proposed disqualification, and\n> > \n> > > (b) give the person a reasonable opportunity to make submissions about the proposed disqualification, and\n> > \n> > > (c) consider the submissions received.\n> \n> > (4) The responsible regulator may, by written notice given to the person, require the person to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to disqualify the person.\n> \n> > (5) The responsible regulator must give the person written notice of the disqualification.\n> \n> > (6) The notice given to the person must state the following—\n> > \n> > > (a) the period of the disqualification,\n> > \n> > > (b) the reasons for the disqualification,\n> > \n> > > (c) the person’s right to appeal the decision to disqualify the person.\n> \n> > (7) The responsible regulator may, at any time, end the period of the disqualification by further written notice to the person.\n> \n> **s 40A:** Ins 2025 No 12, Sch 1\\[45\\].","sortOrder":121},{"sectionNumber":"40B","sectionType":"section","heading":"Effect of disqualification","content":"#### 40B Effect of disqualification\n\n40B Effect of disqualification\n\n> If a person is disqualified from holding or being granted a type of marine safety licence for a specified period under this division or section 111—\n> \n> > (a) the disqualification operates to permanently cancel a marine safety licence of that type held by the person at the time of the disqualification, and\n> \n> > (b) the person is ineligible to apply for a grant or transfer of that type of marine safety licence during the period of the disqualification.\n> \n> **s 40B:** Ins 2025 No 12, Sch 1\\[45\\].","sortOrder":122},{"sectionNumber":"41","sectionType":"section","heading":"Definition","content":"#### 41 Definition\n\n41 Definition\n\n> In this Division, Tribunal means the Civil and Administrative Tribunal.\n> \n> **s 41:** Am 2013 No 95, Sch 2.94 \\[3\\].","sortOrder":124},{"sectionNumber":"42","sectionType":"section","heading":"Application for administrative review","content":"#### 42 Application for administrative review\n\n42 Application for administrative review\n\n> A person who is dissatisfied with any of the following decisions under this Act may apply to the Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision—\n> \n> > (a) the refusal to grant a marine safety licence to the person,\n> \n> > (a1) the refusal to transfer a vessel registration certificate to or from the person,\n> \n> > (a2) the rescission of the transfer of a vessel registration certificate,\n> \n> > (b) the imposition of conditions or any other limitation or restriction on the person’s marine safety licence (otherwise than by regulation),\n> \n> > (c) the suspension or cancellation of the person’s marine safety licence (otherwise than by a court).\n> \n> **s 42:** Am 2008 No 59, Sch 1 \\[20\\]; 2013 No 95, Sch 2.94 \\[4\\]; 2025 No 12, Sch 1\\[46\\].","sortOrder":125},{"sectionNumber":"43","sectionType":"section","heading":"Failure to make decision","content":"#### 43 Failure to make decision\n\n43 Failure to make decision\n\n> For the purposes of this Division, an application for the grant of a marine safety licence is taken to have been refused if the licence is not granted within 60 days (or such other period as is prescribed by the regulations) after the application was duly made.","sortOrder":126},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirements for vessels","content":"# Part 5 Requirements for vessels\n\nPart 5 Requirements for vessels","sortOrder":127},{"sectionNumber":"43AA","sectionType":"section","heading":"Application of part","content":"#### 43AA Application of part\n\n43AA Application of part\n\n> This part does not apply to a commercial vessel, except as otherwise provided in this part.\n> \n> **s 43AA:** Ins 2025 No 12, Sch 1\\[47\\].","sortOrder":129},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Unsafe vessels","content":"## Division 1A Unsafe vessels\n\nDivision 1A Unsafe vessels\n\n**pt 5, div 1A:** Ins 2025 No 12, Sch 1\\[47\\].","sortOrder":130},{"sectionNumber":"43A","sectionType":"section","heading":"Definitions","content":"#### 43A Definitions\n\n43A Definitions\n\n> In this division—\n> \n> former vessel—\n> \n> > (a) means a thing that was, but is no longer, a vessel, but\n> \n> > (b) does not include a thing that was only a vessel because of a temporary vessel order.\n> \n> vessel includes a commercial vessel.\n> \n> **s 43A:** Ins 2025 No 12, Sch 1\\[47\\].","sortOrder":131},{"sectionNumber":"44","sectionType":"section","heading":"Meaning of “unsafe vessel”","content":"#### 44 Meaning of “unsafe vessel”\n\n44 Meaning of “unsafe vessel”\n\n> > (1) In this division, unsafe vessel means the following—\n> > \n> > > (a) a vessel or former vessel that is reasonably likely to endanger a person, or cause harm to the environment or damage to property, including because of—\n> > > \n> > > > (i) the condition of the vessel or former vessel, or\n> > > \n> > > > (ii) how or where the vessel or former vessel is anchored, moored or berthed, or\n> > > \n> > > > (iii) the overloading of the vessel or former vessel,\n> > \n> > > (b) a derelict vessel,\n> > \n> > > (c) a vessel subject to an unsafe vessel notice,\n> > \n> > > (d) a vessel subject to a temporary unsafe vessel order.\n> \n> > (2) The Minister may, by notice published in the Gazette (an unsafe vessel notice), declare a vessel, or a vessel of a kind, to be an unsafe vessel if the Minister reasonably considers the vessel unsafe.\n> \n> > (3) The Minister may, by written order (a temporary unsafe vessel order), declare a vessel, or a vessel of a kind, to be an unsafe vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—\n> > \n> > > (a) to assess the safety of the vessel, or\n> > \n> > > (b) in an emergency.\n> \n> > (4) The Minister must, as soon as practicable after making a temporary unsafe vessel order, ensure the order is published in the Gazette.\n> \n> **s 44:** Am 2008 No 59, Sch 1 \\[21\\]. Subst 2016 No 28, Sch 1 \\[25\\]; 2025 No 12, Sch 1\\[47\\].","sortOrder":132},{"sectionNumber":"45","sectionType":"section","heading":"Offence to operate or use unsafe vessel","content":"#### 45 Offence to operate or use unsafe vessel\n\n45 Offence to operate or use unsafe vessel\n\n> > (1) A person must not operate a vessel or former vessel in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or\n> > \n> > > (b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or\n> > \n> > > (c) otherwise—50 penalty units or imprisonment for 9 months, or both.\n> \n> > (2) A person responsible for a vessel or former vessel must not use the vessel or former vessel, or allow the vessel or former vessel to be used, in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or\n> > \n> > > (b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or\n> > \n> > > (c) otherwise—50 penalty units or imprisonment for 9 months, or both.\n> \n> > (3) A reference in this section to imprisonment for 9 months is, for a second or subsequent offence, taken to be a reference to imprisonment for 12 months.\n> \n> **s 45:** Am 2008 No 59, Sch 1 \\[22\\]. Subst 2016 No 28, Sch 1 \\[26\\]; 2025 No 12, Sch 1\\[47\\].","sortOrder":133},{"sectionNumber":"46","sectionType":"section","heading":"Inspection of unsafe vessels","content":"#### 46 Inspection of unsafe vessels\n\n46 Inspection of unsafe vessels\n\n> An authorised officer may board and inspect a vessel or former vessel if—\n> \n> > (a) the authorised officer reasonably suspects that the vessel or former vessel is an unsafe vessel, and\n> \n> > (b) the vessel or former vessel is in, or in the immediate vicinity of, State waters.\n> \n> **s 46:** Subst 2016 No 28, Sch 1 \\[27\\]; 2025 No 12, Sch 1\\[47\\].","sortOrder":134},{"sectionNumber":"47","sectionType":"section","heading":"Power to give directions in relation to unsafe vessels","content":"#### 47 Power to give directions in relation to unsafe vessels\n\n47 Power to give directions in relation to unsafe vessels\n\n> > (1) An authorised officer may, by written notice (an unsafe vessel notice), direct a person responsible for a vessel or former vessel to, within a specified period—\n> > \n> > > (a) take the measures specified in the notice to repair the vessel or former vessel, or\n> > \n> > > (b) otherwise make the vessel or former vessel safe.\n> \n> > (2) The notice may include a direction to remove a vessel or former vessel from State waters.\n> \n> > (3) An authorised officer may only give the notice if the authorised officer reasonably considers the vessel or former vessel an unsafe vessel, whether through inspection or otherwise.\n> \n> > (4) The person responsible must not, without reasonable excuse, fail to comply with the notice.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> **s 47:** Rep 2016 No 28, Sch 1 \\[27\\]. Ins 2025 No 12, Sch 1\\[47\\].","sortOrder":135},{"sectionNumber":"48","sectionType":"section","heading":"Dealing with unsafe vessels","content":"#### 48 Dealing with unsafe vessels\n\n48 Dealing with unsafe vessels\n\n> > (1) An authorised officer may do the following if the person responsible for a vessel or former vessel fails to comply with a notice given under this division—\n> > \n> > > (a) take the measures specified in the notice,\n> > \n> > > (b) arrange for the vessel or former vessel to be—\n> > > \n> > > > (i) removed from State waters, or\n> > > \n> > > > (ii) detained in or out of the water, if the Minister considers the detention reasonable in the circumstances, or\n> > > \n> > > > (iii) seized and disposed of in accordance with the regulations, if the Minister considers the seizure and disposal reasonable in the circumstances,\n> > \n> > > (c) take other steps to reduce the danger of the vessel or former vessel.\n> \n> > (2) An authorised officer must not take action under this section unless the Minister has made reasonable attempts to notify the person responsible for the vessel or former vessel of the proposed action.\n> \n> > (3) Subsection (2) does not apply—\n> > \n> > > (a) in an emergency, or\n> > \n> > > (b) if the unsafe vessel is reasonably likely to sink within 7 days, or\n> > \n> > > (c) if the unsafe vessel poses—\n> > > \n> > > > (i) a serious risk to the safety of persons, or\n> > > \n> > > > (ii) a risk of significant harm to the environment or significant damage to property.\n> \n> > (4) The Minister may recover the reasonable costs incurred in taking action under this section from the person responsible as a debt in a court of competent jurisdiction.\n> \n> **s 48:** Rep 2016 No 28, Sch 1 \\[27\\]. Ins 2025 No 12, Sch 1\\[47\\].","sortOrder":136},{"sectionNumber":"49","sectionType":"section","heading":"Offence for unregistered vessels to be in State waters","content":"#### 49 Offence for unregistered vessels to be in State waters\n\n49 Offence for unregistered vessels to be in State waters\n\n> > (1) This section applies to a vessel (a registrable vessel) that is not exempt from registration under this Act.\n> \n> > (2) A person who owns a registrable vessel must not allow the vessel to be in State waters if the vessel is not registered under this Act.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) Subsection (2) does not apply within the period of 15 days after the date on which a vessel ceases to be registered.\n> \n> > (4) The master of a registrable vessel must not allow the vessel to be in State waters if the vessel is not registered under this Act.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (5) It is a defence to prosecution for an offence under subsection (4) if the master establishes that the master reasonably believed—\n> > \n> > > (a) the vessel was registered, or\n> > \n> > > (b) the vessel was not in State waters.\n> \n> **s 49:** Am 2012 No 90, Sch 1 \\[15\\] \\[16\\]; 2016 No 28, Sch 1 \\[28\\]. Subst 2025 No 12, Sch 1\\[48\\].","sortOrder":138},{"sectionNumber":"50","sectionType":"section","heading":"Vessels exempt from registration","content":"#### 50 Vessels exempt from registration\n\n50 Vessels exempt from registration\n\n> > (1) (Repealed)\n> \n> > (2) A vessel is exempt from registration under this Act if the vessel—\n> > \n> > > (a) is not ordinarily operated in State waters, and\n> > \n> > > (b) has been in State waters for less than 3 months, and\n> > \n> > > (c) is registered under the law of another State or a Territory, or of another country, and is operated in accordance with that law.\n> \n> > (3) A vessel is exempt from registration under this Act if it is of a class exempted by the regulations.\n> \n> > (4) A vessel is exempt from registration under this Act if the responsible regulator exempts it from registration by order in writing given to the person who owns the vessel or the master of the vessel.\n> \n> **s 50:** Am 2008 No 59, Sch 1 \\[23\\]; 2012 No 90, Sch 1 \\[17\\]; 2014 No 38, Sch 1.1 \\[2\\]; 2025 No 12, Sch 1\\[24\\] \\[49\\].","sortOrder":139},{"sectionNumber":"51","sectionType":"section","heading":"Offence to operate vessels in contravention of vessel registration certificates","content":"#### 51 Offence to operate vessels in contravention of vessel registration certificates\n\n51 Offence to operate vessels in contravention of vessel registration certificates\n\n> > (1) The master of a registrable vessel must not allow the vessel to be operated in State waters in contravention of the conditions of the vessel registration certificate for the vessel.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) It is a defence to prosecution for an offence under this section if the master establishes that the master reasonably believed the vessel was not operated in contravention of the conditions.\n> \n> **s 51:** Am 2008 No 59, Sch 1 \\[24\\]; 2012 No 90, Sch 1 \\[18\\]. Subst 2016 No 28, Sch 1 \\[29\\]; 2025 No 12, Sch 1\\[50\\].","sortOrder":140},{"sectionNumber":"52","sectionType":"section","heading":"Additional grounds for vessel registration certificates","content":"#### 52 Additional grounds for vessel registration certificates\n\n52 Additional grounds for vessel registration certificates\n\n> > (1) The responsible regulator may refuse to grant or transfer a vessel registration certificate for a vessel, or may suspend or cancel a vessel registration certificate for a vessel, if—\n> > \n> > > (a) the vessel causes, or is reasonably likely to cause, unreasonable noise or air or other pollution because of the vessel’s design, construction or equipment, or\n> > \n> > > (b) a statutory notice, other than a recreational vessel production notice, has been given in relation to the vessel within the previous 24 months that has not been complied with or withdrawn, or\n> > \n> > > (c) a recreational vessel production notice has been given in relation to the vessel that has not been complied with or withdrawn, or\n> > \n> > > (d) the vessel is an unsafe vessel.\n> \n> > (2) To avoid doubt, the circumstances in subsection (1) are additional to other circumstances in which the responsible regulator may, under this Act or the regulations—\n> > \n> > > (a) refuse to grant or transfer a vessel registration certificate, or\n> > \n> > > (b) suspend or cancel a vessel registration certificate.\n> \n> **s 52:** Am 2014 No 38, Sch 1.1 \\[2\\]; 2016 No 28, Sch 1 \\[30\\]. Subst 2025 No 12, Sch 1\\[51\\].","sortOrder":141},{"sectionNumber":"53","sectionType":"section","heading":"Definition","content":"#### 53 Definition\n\n53 Definition\n\n> In this division—\n> \n> acquire, a vessel, means obtain legal ownership of the vessel by any means, including in accordance with an order of a court in Australia or another legal process.\n> \n> **s 53:** Subst 2008 No 59, Sch 1 \\[26\\]. Rep 2012 No 90, Sch 1 \\[19\\]. Ins 2025 No 12, Sch 1\\[52\\].\n> \n> **s 53A:** Ins 2008 No 59, Sch 1 \\[26\\]. Rep 2012 No 90, Sch 1 \\[19\\].","sortOrder":143},{"sectionNumber":"54","sectionType":"section","heading":"Obligations of disposers of vessels","content":"#### 54 Obligations of disposers of vessels\n\n54 Obligations of disposers of vessels\n\n> > (1) A relevant owner of a registered registrable vessel who disposes of the vessel must, immediately after disposing of the vessel—\n> > \n> > > (a) notify the responsible regulator of the disposal in a form approved by the responsible regulator, and\n> > \n> > > (b) give the person acquiring the vessel a copy of the form.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) This section does not apply to the disposal of a registrable vessel—\n> > \n> > > (a) in accordance with an order of a court in Australia or another legal process, or\n> > \n> > > (b) in another circumstance prescribed by the regulations.\n> \n> **s 54:** Am 2008 No 59, Sch 1 \\[27\\] \\[28\\]. Rep 2012 No 90, Sch 1 \\[19\\]. Ins 2025 No 12, Sch 1\\[52\\].","sortOrder":144},{"sectionNumber":"55","sectionType":"section","heading":"Obligations of acquirers of vessels","content":"#### 55 Obligations of acquirers of vessels\n\n55 Obligations of acquirers of vessels\n\n> > (1) A person who acquires a registered registrable vessel must, within 14 days after acquiring the vessel—\n> > \n> > > (a) notify the responsible regulator of the acquisition in a form approved by the responsible regulator, and\n> > \n> > > (b) pay the fee prescribed by the regulations, and\n> > \n> > > (c) if the vessel is acquired in accordance with an order of a court in Australia or another legal process—give the responsible regulator evidence of the court order or process.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) This section does not apply to the acquisition of a registered registrable vessel in a circumstance prescribed by the regulations.\n> \n> **s 55:** Rep 2008 No 59, Sch 1 \\[29\\]. Ins 2025 No 12, Sch 1\\[52\\].","sortOrder":145},{"sectionNumber":"56","sectionType":"section","heading":"Transfer of vessel registration certificates","content":"#### 56 Transfer of vessel registration certificates\n\n56 Transfer of vessel registration certificates\n\n> > (1) The vessel registration certificate for a vessel is taken to be transferred to the person acquiring the vessel when the responsible regulator issues the vessel registration certificate to the person.\n> \n> > (2) The responsible regulator is taken to have refused the transfer if the vessel registration certificate is not issued to the person within 60 days after the person notified the responsible regulator under this division.\n> \n> **s 56:** Subst 2008 No 59, Sch 1 \\[30\\]. Rep 2012 No 90, Sch 1 \\[19\\]. Ins 2025 No 12, Sch 1\\[52\\].","sortOrder":146},{"sectionNumber":"57","sectionType":"section","heading":"Grounds to refuse transfer","content":"#### 57 Grounds to refuse transfer\n\n57 Grounds to refuse transfer\n\n> The responsible regulator may refuse the transfer of a vessel registration certificate for a vessel in the following circumstances—\n> \n> > (a) the person acquiring the vessel is not a suitable person to hold a marine safety licence,\n> \n> > (b) the responsible regulator is satisfied the proposed transfer is—\n> > \n> > > (i) not genuine, or\n> > \n> > > (ii) being undertaken to avoid liability,\n> \n> > (c) the responsible regulator decides the refusal is in the public interest,\n> \n> > (d) an order of a court in Australia or another legal process prohibits the transfer and the responsible regulator has been notified, or otherwise becomes aware, of the order or process,\n> \n> > (e) the relevant owner has not obtained the consent of a person who owns the vessel to the proposed transfer,\n> \n> > (f) the relevant owner or the person acquiring the vessel gives information that—\n> > \n> > > (i) is false or misleading in a material particular, or\n> > > \n> > > Note—\n> > > \n> > > The [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.\n> > \n> > > (ii) is, in the responsible regulator’s opinion, inadequate to enable the proposed transfer to be assessed properly,\n> \n> > (g) the responsible regulator has requested further information or supporting evidence in relation to the proposed transfer that has not been given,\n> \n> > (h) another circumstance prescribed by the regulations.\n> \n> **s 57:** Am 2008 No 59, Sch 1 \\[31\\]. Rep 2012 No 90, Sch 1 \\[20\\]. Ins 2025 No 12, Sch 1\\[52\\].","sortOrder":147},{"sectionNumber":"58","sectionType":"section","heading":"Power to rescind transfers","content":"#### 58 Power to rescind transfers\n\n58 Power to rescind transfers\n\n> > (1) The responsible regulator may rescind the transfer of a vessel registration certificate under this division if, within 14 days after the transfer, the responsible regulator becomes aware that the transfer was—\n> > \n> > > (a) not genuine, or\n> > \n> > > (b) undertaken to avoid liability.\n> \n> > (2) If a transfer is rescinded—\n> > \n> > > (a) the vessel registration certificate is taken to have never been transferred, and\n> > \n> > > (b) the responsible regulator must notify the person who disposed of the vessel and the person who acquired the vessel of the rescission as soon as practicable after the rescission.\n> \n> > (3) The regulations may provide for the rescission of transfers of vessel registration certificates, including—\n> > \n> > > (a) the return or issue of vessel registration certificates, and\n> > \n> > > (b) the refund of fees.\n> \n> **s 58:** Rep 2012 No 90, Sch 1 \\[20\\]. Ins 2025 No 12, Sch 1\\[52\\].","sortOrder":148},{"sectionNumber":"62","sectionType":"section","heading":"Vessels to which Division applies","content":"#### 62 Vessels to which Division applies\n\n62 Vessels to which Division applies\n\n> > (1) This Division applies to any power-driven recreational vessels operating in or from State waters, other than vessels exempted by the regulations.\n> \n> > (2) In this Division, recreational vessel includes a commercial vessel while hired or used for recreational or sporting purposes and not hired or used for any commercial purpose.","sortOrder":151},{"sectionNumber":"63","sectionType":"section","heading":"Offence to operate recreational vessel without appropriate boat driving licence","content":"#### 63 Offence to operate recreational vessel without appropriate boat driving licence\n\n63 Offence to operate recreational vessel without appropriate boat driving licence\n\n> A person must not operate a recreational vessel to which this Division applies as its master unless the person is the holder of a boat driving licence under this Act of an appropriate type which authorises the person to operate the vessel.\n> \n> Maximum penalty—15 penalty units.\n> \n> Note.\n> \n> A boat driving licence is a marine safety licence—Part 4 deals with the grant of, and other matters relating to, any such licence.\n> \n> **s 63:** Subst 2008 No 59, Sch 1 \\[34\\].","sortOrder":152},{"sectionNumber":"63A","sectionType":"section","heading":"Offences committed by disqualified holders of boat driving licences","content":"#### 63A Offences committed by disqualified holders of boat driving licences\n\n63A Offences committed by disqualified holders of boat driving licences\n\n> > (1) A person who is disqualified by or under any Act from holding or obtaining a boat driving licence under this Act must not—\n> > \n> > > (a) operate a recreational vessel to which this Division applies as its master during the period of disqualification, or\n> > \n> > > (b) make an application for a boat driving licence under this Act during the period of disqualification and in respect of the application state his or her name falsely or incorrectly or omit to mention the disqualification.\n> > \n> > Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).\n> \n> > (2) Subsection (1) does not apply to the operation of a vessel in circumstances prescribed by the regulations.\n> \n> > (3) An offence under this section is a second or subsequent offence for the purposes of this section if it is the second or subsequent occasion on which the person is convicted of any offence under subsection (1) within the period of 5 years immediately before the person is convicted of the offence.\n> \n> > (4) If a person is convicted by a court of an offence under subsection (1), the person—\n> > \n> > > (a) is disqualified by the conviction (and without any specific order) for the relevant disqualification period from the date of expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, from holding a boat driving licence under this Act, and\n> > \n> > > (b) may also be disqualified, for such additional period as the court may order, from holding a boat driving licence under this Act.\n> \n> > (4A) The court is to cause particulars of any disqualification under subsection (4) to be forwarded to Transport for NSW.\n> \n> > (5) The disqualification referred to in subsection (4) is in addition to any penalty imposed for the offence.\n> \n> > (6) Subsection (1) applies to a person who is disqualified from holding a boat driving licence by a court in Australia or under any law in this State or another State or Territory.\n> \n> > (7) In this section, the relevant disqualification period is—\n> > \n> > > (a) in the case of a first offence under subsection (1)—12 months, or\n> > \n> > > (b) in the case of a second or subsequent offence under subsection (1)—2 years.\n> \n> **s 63A:** Ins 2008 No 59, Sch 1 \\[35\\]. Am 2016 No 28, Sch 1 \\[31\\] \\[32\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":153},{"sectionNumber":"64","sectionType":"section","heading":"Exemption from requirement to hold boat driving licence","content":"#### 64 Exemption from requirement to hold boat driving licence\n\n64 Exemption from requirement to hold boat driving licence\n\n> > (1) A person is exempt from the requirement to hold a boat driving licence if the person—\n> > \n> > > (a) is not ordinarily resident in this State, and\n> > \n> > > (b) has been operating power-driven recreational vessels in State waters for less than 3 months, and\n> > \n> > > (c) is authorised under the law of another State or a Territory to operate the vessel concerned (being an authorisation that is not suspended) and is operating the vessel in accordance with the conditions of that authorisation.\n> \n> > (1A) Subsection (1) does not exempt a person from the requirement to hold a boat driving licence if—\n> > \n> > > (a) the person holds a boat driving licence that is suspended, or\n> > \n> > > (b) the person has held a boat driving licence that has been cancelled and the person is disqualified from applying for another such licence.\n> \n> > (2) A person is exempt from the requirement to hold a boat driving licence if the person—\n> > \n> > > (a) is the holder of a certificate of competency as a master, first mate, second mate or coxswain (or other crew member prescribed by the regulations) under the National law, or\n> > \n> > > (b) is exempted by the regulations, or\n> > \n> > > (c) is exempted by the responsible regulator by order in writing given to the person.\n> \n> **s 64:** Am 2008 No 59, Sch 1 \\[36\\] \\[37\\]; 2012 No 90, Sch 1 \\[21\\]; 2014 No 38, Sch 1.1 \\[2\\]; 2025 No 12, Sch 1\\[24\\].","sortOrder":154},{"sectionNumber":"65","sectionType":"section","heading":"Recognised marine safety licences","content":"#### 65 Recognised marine safety licences\n\n65 Recognised marine safety licences\n\n> > (1) This section applies to a marine safety licence that is a vessel registration certificate required to be held by this Part.\n> \n> > (2) A marine safety licence under this Act may take the form of the grant of recognition for a marine safety licence (or similar licence) granted under the law of the Commonwealth, of another State or a Territory or of another country.\n> \n> > (3) In that case—\n> > \n> > > (a) a reference in this Act to the grant of the relevant marine safety licence is a reference to the grant of recognition of the licence, and\n> > \n> > > (b) a reference in this Act to the cancellation or suspension of the relevant marine safety licence is a reference to the withdrawal of recognition indefinitely or for a period, and\n> > \n> > > (c) a reference in this Act to the disqualification of the holder of the relevant marine safety licence includes a reference to the disqualification of the person from having a licence recognised.\n> \n> **s 65:** Am 2012 No 90, Sch 1 \\[22\\].","sortOrder":156},{"sectionNumber":"66","sectionType":"section","heading":"Mutual recognition of marine safety licences","content":"#### 66 Mutual recognition of marine safety licences\n\n66 Mutual recognition of marine safety licences\n\n> > (1) The regulations may provide for automatic recognition for any marine safety licence to which section 65 applies.\n> \n> > (2) Any such recognition is subject to compliance with the conditions of the licence and of any law of the jurisdiction in which the licence was issued that relates to authority conferred by the licence.","sortOrder":157},{"sectionNumber":"67","sectionType":"section","heading":"Regulation of marine safety equipment or facilities","content":"#### 67 Regulation of marine safety equipment or facilities\n\n67 Regulation of marine safety equipment or facilities\n\n> > (1) The regulations may make provision for or with respect to the following—\n> > \n> > > (a) the installation or carriage on vessels of marine safety equipment or facilities,\n> > \n> > > (b) the wearing of safety equipment by persons on vessels or engaged in activities in or over the water.\n> \n> > (2) In this section—\n> > \n> > vessel means—\n> > \n> > > (a) a recreational vessel, or\n> > \n> > > (b) a hire and drive vessel.\n> \n> **s 67:** Subst 2008 No 59, Sch 1 \\[38\\]. Am 2025 No 12, Sch 1\\[53\\].","sortOrder":158},{"sectionNumber":"68","sectionType":"section","heading":"Regulation of design and construction of recreational vessels","content":"#### 68 Regulation of design and construction of recreational vessels\n\n68 Regulation of design and construction of recreational vessels\n\n> The regulations may make provision for or with respect to the design and construction of recreational vessels.","sortOrder":159},{"sectionNumber":"68A","sectionType":"section","heading":"Regulations relating to builders plates for vessels","content":"#### 68A Regulations relating to builders plates for vessels\n\n68A Regulations relating to builders plates for vessels\n\n> > (1) Regulations may be made for or with respect to builders plates to be fixed on vessels.\n> \n> > (2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to the following—\n> > \n> > > (a) prohibiting or regulating the sale or supply of vessels in New South Wales without builders plates,\n> > \n> > > (b) the information to be included on builders plates for vessels, the form of such plates and the manner in which they are to be fixed to vessels,\n> > \n> > > (c) the persons who may fix builders plates to vessels,\n> > \n> > > (d) the alteration and removal of builders plates.\n> \n> **s 68A:** Ins 2008 No 59, Sch 1 \\[39\\].","sortOrder":160},{"sectionNumber":"69","sectionType":"section","heading":"Regulation of passengers","content":"#### 69 Regulation of passengers\n\n69 Regulation of passengers\n\n> > (1) The regulations may make provision for or with respect to—\n> > \n> > > (a) the maximum number of passengers or other persons to be carried on vessels, or\n> > \n> > > (b) the conduct of passengers on vessels, including the removal of passengers from vessels.\n> \n> > (2) In this section—\n> > \n> > vessel includes a domestic commercial vessel.\n> \n> **s 69:** Am 2025 No 12, Sch 1\\[54\\].","sortOrder":161},{"sectionNumber":"70","sectionType":"section","heading":"Vessel identification etc","content":"#### 70 Vessel identification etc\n\n70 Vessel identification etc\n\n> The regulations may require identifying and other information to be displayed on vessels (including the display of particulars of registration of vessels or the maximum carrying capacity of vessels).","sortOrder":162},{"sectionNumber":"70A","sectionType":"section","heading":"Public register","content":"#### 70A Public register\n\n70A Public register\n\n> > (1) Transport for NSW must establish and keep a register (the register) of vessels to which a statutory notice relates if—\n> > \n> > > (a) the Minister is reasonably satisfied the statutory notice relates to the current condition or safety of the vessel, and\n> > \n> > > (b) the statutory notice has not been complied with or withdrawn.\n> \n> > (2) Transport for NSW must record the following information in the register—\n> > \n> > > (a) the name of the vessel,\n> > \n> > > (b) the vessel registration number for the vessel,\n> > \n> > > (c) all or part of the hull identification number for the vessel,\n> > \n> > > (d) the Act under which the statutory notice was given,\n> > \n> > > (e) the type of statutory notice,\n> > \n> > > (f) the date the statutory notice was given.\n> \n> > (3) The register must be published on a NSW Government website used by Transport for NSW and be accessible to the public without charge.\n> \n> > (4) The regulations may prescribe other matters, including statutory notices, that must or must not be included in the register.\n> \n> > (5) In this section—\n> > \n> > vessel includes a commercial vessel.\n> \n> **s 70A:** Ins 2025 No 12, Sch 1\\[55\\].","sortOrder":163},{"sectionNumber":"Part 6","sectionType":"part","heading":"Pilotage","content":"# Part 6 Pilotage\n\nPart 6 Pilotage","sortOrder":164},{"sectionNumber":"71","sectionType":"section","heading":"Definitions","content":"#### 71 Definitions\n\n71 Definitions\n\n> > (1) In this Part—\n> > \n> > pilotage means the conduct of a vessel by a pilot as follows—\n> > \n> > > (a) inward pilotage, that is, the pilotage of a vessel entering into a pilotage port from the time at which the vessel crosses the port limit until the vessel is at anchor or made fast to the shore,\n> > \n> > > (b) outward pilotage, that is, the pilotage of a vessel leaving a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is clear of the port limit,\n> > \n> > > (c) harbour pilotage, that is, the pilotage of a vessel being moved within a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is at anchor or made fast to the shore.\n> > \n> > pilotage port means (subject to subsection (2)) any of the following ports—\n> > \n> > > (a) Sydney Harbour,\n> > \n> > > (b) Botany Bay,\n> > \n> > > (c) Newcastle,\n> > \n> > > (d) Port Kembla,\n> > \n> > > (e) Yamba,\n> > \n> > > (f) Eden.\n> > \n> > pilotage service provider means—\n> > \n> > > (a) in relation to pilotage services provided by the Port Authority of New South Wales under an operating licence under Division 3 of Part 2 of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013)—that Authority (and, if those services are provided by way of a subsidiary, includes the subsidiary), or\n> > \n> > > (b) in relation to pilotage services provided by a contractor under a contract under section 26A of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013)—the contractor, or\n> > \n> > > (c) in relation to any other pilotage services—the Minister.\n> > \n> > subsidiary, in relation to the Port Authority of New South Wales, means a body corporate that would be a subsidiary (as determined by the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) of that Authority if that Authority were a company.\n> \n> > (2) The regulations may provide that any other port is a pilotage port for the purposes of this Part or that a port is no longer such a port.\n> \n> **s 71:** Am 2002 No 112, Sch 1.15 \\[1\\] \\[2\\]; 2006 No 84, Sch 2.8 \\[3\\]; 2008 No 59, Sch 1 \\[40\\]; 2016 No 55, Sch 3.20 \\[2\\] \\[3\\].","sortOrder":166},{"sectionNumber":"72","sectionType":"section","heading":"Marine pilots in any port to be licensed","content":"#### 72 Marine pilots in any port to be licensed\n\n72 Marine pilots in any port to be licensed\n\n> > (1) A person must not act as the marine pilot of a vessel in any port unless the person is the holder of a marine pilot’s licence under this Act and the licence applies to that port.\n> > \n> > Maximum penalty—100 penalty units.\n> > \n> > Note.\n> > \n> > A marine pilot’s licence is a marine safety licence—Part 4 deals with the grant and other matters relating to any such licence.\n> \n> > (2) An unlicensed person does not commit an offence against subsection (1) if the person is training as a marine pilot and is acting under the direct supervision of the holder of a marine pilot’s licence under this Act that applies to the port concerned.\n> \n> **s 72:** Am 2008 No 59, Sch 1 \\[41\\].","sortOrder":168},{"sectionNumber":"73","sectionType":"section","heading":"Marine pilots in pilotage ports to be provided by pilotage service provider","content":"#### 73 Marine pilots in pilotage ports to be provided by pilotage service provider\n\n73 Marine pilots in pilotage ports to be provided by pilotage service provider\n\n> A person must not act as the marine pilot of a vessel in a pilotage port unless—\n> \n> > (a) in a case where the pilotage service provider is the Minister, the person has been authorised by the Minister to act as a marine pilot in that pilotage port, or\n> \n> > (b) in any other case, the person is employed or engaged by the pilotage service provider.\n> \n> Maximum penalty—100 penalty units.\n> \n> **s 73:** Subst 2008 No 59, Sch 1 \\[42\\].","sortOrder":169},{"sectionNumber":"74","sectionType":"section","heading":"Pilotage compulsory in pilotage ports","content":"#### 74 Pilotage compulsory in pilotage ports\n\n74 Pilotage compulsory in pilotage ports\n\n> > (1) Pilotage is compulsory in every pilotage port.\n> \n> > (2) The master of a vessel must not enter, leave or move within a pilotage port with the vessel before taking on board the marine pilot made available by the pilotage service provider to conduct the vessel on its movement into the port, out of the port or within the port.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2A) Subsection (2) does not apply to the movement of a vessel if—\n> > \n> > > (a) approval for the movement of the vessel was obtained from the harbour master for the port concerned before the vessel was moved, and\n> > > \n> > > Example of when harbour master may give approval—\n> > > \n> > > the harbour master is satisfied it is necessary for a marine pilot to embark or disembark a vessel within port limits for the pilot’s safety\n> > \n> > > (b) the movement of the vessel was recorded in the vessel’s log.\n> \n> > (3) This section continues to apply even though a marine pilot has deferred pilotage under this Division.\n> \n> Note.\n> \n> Pilotage charges are imposed by Part 5 of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> **s 74:** Am 2006 No 84, Sch 2.8 \\[4\\]; 2008 No 59, Sch 1 \\[43\\]; 2025 No 12, Sch 1\\[56\\].","sortOrder":171},{"sectionNumber":"75","sectionType":"section","heading":"Vessels exempted from compulsory pilotage","content":"#### 75 Vessels exempted from compulsory pilotage\n\n75 Vessels exempted from compulsory pilotage\n\n> > (1) Pilotage is not compulsory in a pilotage port, and section 74 does not apply, in respect of the following vessels—\n> > \n> > > (a) a vessel, the master of which holds one or more of the following marine safety licences that applies to the port and vessel—\n> > > \n> > > > (i) a certificate of local knowledge,\n> > > \n> > > > (ii) a marine pilotage exemption certificate,\n> > > \n> > > > (iii) a special recreational vessel permit,\n> > \n> > > (a1) (Repealed)\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a vessel less than 35m in length,\n> > \n> > > (d) a seaplane,\n> > \n> > > (e) a vessel of any class declared by the regulations to be an exempt vessel for the purposes of this Part,\n> > \n> > > (f) a particular vessel declared to be an exempt vessel for the purposes of this Part by order of the Minister given to the relevant owner or master of the vessel.\n> \n> > (2) Despite subsection (1), pilotage is compulsory, and section 74 applies, in respect of a vessel (whether or not the master is the holder of a marine safety licence referred to in subsection (1)(a)) if pilotage is declared to be compulsory by the regulations or by order of the Minister given to the relevant owner or master of the vessel.\n> \n> Note.\n> \n> Part 4 deals with the licensing of pilots and the issue of pilotage exemption certificates.\n> \n> **s 75:** Am 2008 No 59, Sch 1 \\[44\\] \\[45\\]; 2016 No 28, Sch 1 \\[33\\]; 2025 No 12, Sch 1\\[19\\] \\[57\\]–\\[59\\].","sortOrder":172},{"sectionNumber":"76","sectionType":"section","heading":"Deferment of pilotage generally","content":"#### 76 Deferment of pilotage generally\n\n76 Deferment of pilotage generally\n\n> > (1) When a vessel is unable, or will in the opinion of the master of the vessel be unable, to leave its berth or place of anchorage in a pilotage port within 1 hour after the time stated for so leaving in the application by the relevant owner or master for a marine pilot, the marine pilot attending may defer pilotage and cease attendance.\n> \n> > (2) When a vessel is unable, or will in the opinion of the master be unable, to enter into a pilotage port, within 1 hour after the time stated for so entering in the application by the relevant owner or master for a marine pilot, the marine pilot attending may defer pilotage and cease attendance.\n> \n> **s 76:** Am 2025 No 12, Sch 1\\[19\\].","sortOrder":173},{"sectionNumber":"77","sectionType":"section","heading":"Deferment of pilotage for safety reasons","content":"#### 77 Deferment of pilotage for safety reasons\n\n77 Deferment of pilotage for safety reasons\n\n> > (1) If a marine pilot made available for pilotage considers that a vessel should not enter a pilotage port or should not leave its berth or place of anchorage for any reason related to marine safety, the marine pilot may direct the master of the vessel not to enter the pilotage port or not to leave the berth or place of anchorage pending the decision of the harbour master of the port.\n> \n> > (2) The master of a vessel must comply with any such direction.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3) A marine pilot who gives any such direction may defer pilotage and cease attendance.","sortOrder":174},{"sectionNumber":"78","sectionType":"section","heading":"Duties of master in connection with pilotage","content":"#### 78 Duties of master in connection with pilotage\n\n78 Duties of master in connection with pilotage\n\n> > (1) Before pilotage of a vessel begins, the master of the vessel must—\n> > \n> > > (a) test the operation of the navigation, propulsion and steering systems of the vessel (including any parts of such systems as the regulations require) and record the results of those tests, and\n> > \n> > > (b) inform the marine pilot of anything of which the master is aware that is likely to affect the safe operation of the vessel.\n> \n> > (2) The master of a vessel under pilotage must—\n> > \n> > > (a) ensure that any order given with the master’s authority by the marine pilot is carried out, and\n> > \n> > > (b) give the marine pilot such information as the marine pilot may require for the safe navigation of the vessel.\n> \n> > (3) The master of a vessel must not give to a marine pilot who requires information for the navigation of the vessel any information that the master knows is false or misleading.\n> \n> > (4) The obligation of a master under subsection (1) (a) extends to a vessel that is exempt from pilotage because the master is the holder of a marine pilotage exemption certificate under this Act.\n> \n> Maximum penalty—100 penalty units.","sortOrder":175},{"sectionNumber":"79","sectionType":"section","heading":"Liability of master and relevant owner of vessel under pilotage","content":"#### 79 Liability of master and relevant owner of vessel under pilotage\n\n79 Liability of master and relevant owner of vessel under pilotage\n\n> > (1) A person who is made available as a marine pilot by the pilotage service provider and who has the conduct of a vessel is subject to the authority of the master of the vessel. The master is not relieved from responsibility for the conduct and navigation of the vessel merely because the vessel is under pilotage.\n> \n> > (2) The master and the relevant owner of a vessel being navigated under circumstances in which pilotage is compulsory are jointly and severally liable for any loss or damage caused by the vessel or by any fault of navigation of the vessel in the same manner as if pilotage were not compulsory.\n> \n> **s 79:** Am 2025 No 12, Sch 1\\[19\\] \\[60\\].","sortOrder":176},{"sectionNumber":"80","sectionType":"section","heading":"Immunity of State, marine pilots, pilotage service provider and others","content":"#### 80 Immunity of State, marine pilots, pilotage service provider and others\n\n80 Immunity of State, marine pilots, pilotage service provider and others\n\n> > (1) Neither the State, nor the Minister, nor a pilotage service provider is liable for any loss or damage that is attributable to the negligence of any person made available as a marine pilot by the pilotage service provider while the person is acting as a marine pilot.\n> \n> > (2) A person made available as a marine pilot by the pilotage service provider is not personally liable in pecuniary damages for any loss or damage attributable to the person’s negligence while the person is acting as a marine pilot.\n> \n> > (3) A reference to a person made available to act as a marine pilot by a pilotage service provider includes a reference to a person who is in training as a marine pilot and acting under the direct supervision of the person made available to act as a marine pilot by the pilotage service provider.\n> \n> **s 80:** Am 2008 No 59, Sch 1 \\[46\\].","sortOrder":177},{"sectionNumber":"81","sectionType":"section","heading":"Offence for marine pilot to endanger vessel","content":"#### 81 Offence for marine pilot to endanger vessel\n\n81 Offence for marine pilot to endanger vessel\n\n> A marine pilot of a vessel who, by any wilful act or omission, endangers the vessel or its crew is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":178},{"sectionNumber":"81A","sectionType":"section","heading":"Marine pilot to notify certain matters to harbour master","content":"#### 81A Marine pilot to notify certain matters to harbour master\n\n81A Marine pilot to notify certain matters to harbour master\n\n> It is the duty of a person acting as a marine pilot for a vessel under this Part to immediately notify the harbour master of the port concerned if the master of the vessel does not ensure the carrying out of any order of the person in relation to the conduct of the vessel while under that pilotage.\n> \n> **s 81A:** Ins 2008 No 59, Sch 1 \\[47\\].","sortOrder":179},{"sectionNumber":"82","sectionType":"section","heading":"Provisions to apply when vessel under pilotage at request of relevant owner","content":"#### 82 Provisions to apply when vessel under pilotage at request of relevant owner\n\n82 Provisions to apply when vessel under pilotage at request of relevant owner\n\n> If a vessel (not required to be under pilotage) is under pilotage at the request of its relevant owner, this Division applies to that vessel and its master and relevant owner for the purposes of that pilotage.\n> \n> **s 82:** Am 2025 No 12, Sch 1\\[60\\].","sortOrder":180},{"sectionNumber":"83","sectionType":"section","heading":"Regulations","content":"#### 83 Regulations\n\n83 Regulations\n\n> > (1) The regulations may make provision for or with respect to pilotage and, in particular, for or with respect to—\n> > \n> > > (a) the administration of the pilotage service of a pilotage service provider and the duties of marine pilots and other officers in that service, and\n> > \n> > > (b) the specification of when inward, outward and harbour pilotage begins and ends, and\n> > \n> > > (c) the duties of masters of vessels in connection with pilotage (including the duties of masters of vessels who are exempt from compulsory pilotage in connection with the movement of the vessels), and\n> > \n> > > (d) the records and reports in connection with pilotage to be made and furnished by masters of vessels and marine pilots.\n> \n> > (2) The regulations relating to pilotage and marine pilots’ licences may apply, adopt or incorporate by reference wholly or partly, and with or without modification, any document published by the Minister in the Gazette or on the website of Transport for NSW as in force at a particular time or as in force from time to time.\n> > \n> > Note.\n> > \n> > The website of Transport for NSW is www.transport.nsw.gov.au.\n> \n> **s 83:** Am 2008 No 59, Sch 1 \\[48\\]; 2011 No 41, Sch 5.22 \\[2\\] \\[3\\].","sortOrder":181},{"sectionNumber":"Part 7","sectionType":"part","heading":"Harbour masters","content":"# Part 7 Harbour masters\n\nPart 7 Harbour masters","sortOrder":182},{"sectionNumber":"84","sectionType":"section","heading":"Definition of “port”","content":"#### 84 Definition of “port”\n\n84 Definition of “port”\n\n> In this Part, port includes any particular area of navigable waters that the Minister considers requires a harbour master for the purposes of marine safety.","sortOrder":183},{"sectionNumber":"85","sectionType":"section","heading":"Appointment of harbour masters","content":"#### 85 Appointment of harbour masters\n\n85 Appointment of harbour masters\n\n> > (1) The Minister may appoint a person to be the harbour master for any port.\n> \n> > (2) Two or more persons cannot be appointed as harbour masters for the same port.\n> \n> > (3) The Minister may revoke the appointment of a harbour master at any time.\n> \n> **s 85:** Am 2006 No 58, Sch 2.33 \\[2\\]. Subst 2008 No 59, Sch 1 \\[49\\].","sortOrder":184},{"sectionNumber":"86","sectionType":"section","heading":"Appointment of persons to exercise functions of harbour masters","content":"#### 86 Appointment of persons to exercise functions of harbour masters\n\n86 Appointment of persons to exercise functions of harbour masters\n\n> > (1) A harbour master may appoint any person to exercise, in relation to the port for which he or she is the harbour master, the harbour master’s functions under the marine legislation. The power to make an appointment under this section is subject to any directions given to the harbour master by the Minister.\n> \n> > (2) An appointment under this section may be general or may apply only to the exercise of such functions as are specified in the instrument of appointment.\n> \n> > (3) A person appointed under this section has all the functions specified in the instrument of appointment.\n> \n> > (4) The appointment under this section of a person to exercise any of the functions of a harbour master does not prevent that harbour master from exercising those functions.\n> \n> > (5) The Minister may also appoint a person to exercise the functions of a harbour master under the marine legislation in relation to a port (whether or not a harbour master has been appointed for the port).\n> \n> > (6) More than one person may be appointed at any one time under this section to exercise the functions of a harbour master.\n> \n> **s 86:** Am 2008 No 59, Sch 1 \\[50\\].","sortOrder":185},{"sectionNumber":"87","sectionType":"section","heading":"General functions of harbour master","content":"#### 87 General functions of harbour master\n\n87 General functions of harbour master\n\n> > (1) A harbour master has, in relation to the port for which he or she is the harbour master, such functions as are conferred by the marine legislation.\n> \n> > (2) The functions of a harbour master may be limited by regulation or by the Minister (in and by the instrument of appointment or by a subsequent instrument given to the harbour master).\n> \n> > (3) The exercise of the functions of a harbour master are subject to any directions given from time to time to the harbour master by the Minister.","sortOrder":186},{"sectionNumber":"88","sectionType":"section","heading":"General powers of harbour master in relation to vessels","content":"#### 88 General powers of harbour master in relation to vessels\n\n88 General powers of harbour master in relation to vessels\n\n> > (1) The harbour master of any port may direct and control the following—\n> > \n> > > (a) the time and manner in which any vessel may enter or leave the port,\n> > \n> > > (b) the navigation and other movements of any vessel within the port or any part of the port,\n> > \n> > > (c) the position where and the manner in which any vessel may anchor or be secured within the port,\n> > \n> > > (d) the time and manner of the taking in or discharging by any vessel within the port of cargo, stores, fuel, fresh water or water ballast,\n> > \n> > > (e) the securing or removal of any vessel within the port in, from or to any position as the harbour master thinks fit,\n> > \n> > > (f) watchkeeping requirements on vessels in ports,\n> > \n> > > (g) the period of advance notification required for a shipping berth,\n> > \n> > > (h) the turning of a propeller of a vessel at a wharf.\n> \n> > (2) The harbour master of any port may, as a condition of allowing a vessel to be anchored or secured within a pilotage port, direct that a marine pilot remain on board the vessel while it is so berthed or anchored (whether or not pilotage is compulsory).\n> \n> > (3) A harbour master must not give any direction under this section that would result in a contravention of any law relating to the area or vessel concerned or that would impede the proper administration of the customs or quarantine services within the port.\n> \n> > (4) A direction given under this section may be given in relation to a particular vessel or a particular class of vessels.\n> \n> > (5) A direction under this section may be given—\n> > \n> > > (a) orally to the master or operator of a vessel, or\n> > \n> > > (b) by written notice to the master or operator of a vessel, or\n> > \n> > > (c) by signage that reasonably brings the direction to the attention of the master or operator of a vessel, or\n> > \n> > > (d) by publication on the Port Authority of New South Wales website or a NSW Government website used by Transport for NSW, or\n> > \n> > > (e) by other electronic means, or\n> > \n> > > (f) by notice published in the Gazette.\n> \n> **s 88:** Am 2016 No 28, Sch 1 \\[34\\] \\[35\\]; 2025 No 12, Sch 1\\[61\\].","sortOrder":187},{"sectionNumber":"89","sectionType":"section","heading":"Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port","content":"#### 89 Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port\n\n89 Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port\n\n> > (1) The harbour master of any port may give directions—\n> > \n> > > (a) prohibiting the entry into, or movement out of, the port or any part of the port, or\n> > \n> > > (b) requiring the removal from the port or any part of the port,\n> > \n> > of any vessel that the harbour master has reasonable cause to believe is in imminent danger of sinking in the port and causing an obstruction to navigation or is in imminent danger of causing serious damage to the marine environment or property in the port.\n> \n> > (2) A harbour master is not to give a direction under this section that would endanger the life of any person on the vessel.\n> \n> > (3) A direction under this section may be revoked by order of the Minister or the Supreme Court.","sortOrder":188},{"sectionNumber":"90","sectionType":"section","heading":"Harbour master may carry out direction","content":"#### 90 Harbour master may carry out direction\n\n90 Harbour master may carry out direction\n\n> > (1) If—\n> > \n> > > (a) there is no person on board any vessel to whom a harbour master may give a direction under this Part and there are reasonable grounds for the harbour master to act urgently without giving the direction, or\n> > \n> > > (b) a direction under this Part is not complied with,\n> > \n> > the harbour master may cause the vessel to be dealt with as required by the harbour master.\n> \n> > (2) For that purpose, the harbour master (or a person authorised by the harbour master) may board a vessel and move, secure or otherwise operate the vessel.\n> \n> > (3) The Minister may recover from the master or relevant owner of a vessel referred to in subsection (1) as a debt in any court of competent jurisdiction the reasonable charges and expenses incurred in the exercise of the harbour master’s functions under that subsection.\n> \n> **s 90:** Am 2025 No 12, Sch 1\\[60\\].","sortOrder":189},{"sectionNumber":"91","sectionType":"section","heading":"Offence for failing to comply with direction, or obstructing, harbour master","content":"#### 91 Offence for failing to comply with direction, or obstructing, harbour master\n\n91 Offence for failing to comply with direction, or obstructing, harbour master\n\n> > (1) The master of a vessel who, without reasonable excuse, refuses or fails to comply with a direction given under this part is guilty of an offence.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person who, without reasonable excuse, obstructs a harbour master (or any person acting under the direction of a harbour master) exercising any function under this Part is guilty of an offence.\n> > \n> > Maximum penalty (subsection (2)): 50 penalty units.\n> \n> **s 91:** Am 2025 No 12, Sch 1\\[62\\].","sortOrder":190},{"sectionNumber":"91A","sectionType":"section","heading":"Directions of harbour master acting as marine pilot","content":"#### 91A Directions of harbour master acting as marine pilot\n\n91A Directions of harbour master acting as marine pilot\n\n> > (1) Nothing prevents a harbour master who is acting as a marine pilot for a vessel from giving a direction under this Part in relation to the vessel.\n> \n> > (2) However, any such direction is taken not to be properly given under this Part unless the person giving the direction has warned the person to whom it is given that it is a direction of the harbour master and that failure to comply with the direction may constitute an offence under section 91.\n> \n> **s 91A:** Ins 2008 No 59, Sch 1 \\[51\\].","sortOrder":191},{"sectionNumber":"91B","sectionType":"section","heading":"Information to be provided to harbour master on request","content":"#### 91B Information to be provided to harbour master on request\n\n91B Information to be provided to harbour master on request\n\n> > (1) The master of a vessel in a port must, on enquiry from the harbour master of the port, whether by voice, sound or visual signal or radio or electronic communication, indicate his or her immediate intentions regarding the navigation or securing of the vessel.\n> \n> > (2) The master of a vessel who, without reasonable excuse, fails to respond to an enquiry from a harbour master under this section (either immediately or within such time as the harbour master may allow) is guilty of an offence.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 91B:** Ins 2016 No 28, Sch 1 \\[36\\].","sortOrder":192},{"sectionNumber":"92","sectionType":"section","heading":"Identity cards","content":"#### 92 Identity cards\n\n92 Identity cards\n\n> > (1) The Minister is required to give an identity card to each harbour master the Minister appoints.\n> \n> > (2) The person who appoints another person to exercise the functions of a harbour master is required to give an identity card to that other person.\n> \n> > (3) An identity card is to be in a form approved by the Minister.\n> \n> > (4) A harbour master (including a person exercising the functions of a harbour master) is required to produce his or her identity card if requested to do so by an affected person in the course of exercising functions under the marine legislation. This subsection does not apply to a direction given by radio or other communication device.\n> \n> > (5) A person who has been issued with an identity card must return it to the Minister, or the person who provided it, on demand.\n> > \n> > Maximum penalty (subsection (5)): 10 penalty units.","sortOrder":193},{"sectionNumber":"93","sectionType":"section","heading":"Protection from liability","content":"#### 93 Protection from liability\n\n93 Protection from liability\n\n> > (1) A harbour master, and any other person exercising the functions of a harbour master, are not personally liable for any act or omission done in good faith for the purposes of the marine legislation.\n> \n> > (2) If subsection (1) prevents liability attaching to a harbour master, the liability attaches instead to the State.\n> \n> > (3) In this section, harbour master includes a person exercising the functions of a harbour master or a person acting under the direction of a harbour master.","sortOrder":194},{"sectionNumber":"Part 8","sectionType":"part","heading":"Compliance and investigation","content":"# Part 8 Compliance and investigation\n\nPart 8 Compliance and investigation\n\n**pt 8, hdg:** Subst 2016 No 28, Sch 1 \\[37\\].","sortOrder":195},{"sectionNumber":"94","sectionType":"section","heading":"Definitions","content":"#### 94 Definitions\n\n94 Definitions\n\n> > (1) In this Part—\n> > \n> > Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45 of the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n> > \n> > ferry has the same meaning as it has in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> > \n> > incompetence of the holder of a marine safety licence includes the inefficient performance of any lawful duty required of the holder of that licence.\n> > \n> > marine accident means any of the following events involving a vessel operating in navigable waters—\n> > \n> > > (a) the loss of life of, or injury to, any person on board the vessel,\n> > \n> > > (b) the loss of a person from the vessel,\n> > \n> > > (c) the loss of life or injury to a person that is caused by the vessel,\n> > \n> > > (d) the loss, or presumed loss, of the vessel (including the sinking or abandonment of the vessel),\n> > \n> > > (e) the capsizing, grounding or flooding of the vessel,\n> > \n> > > (f) the collision of the vessel with another vessel or with any object,\n> > \n> > > (g) the vessel being disabled at sea (in any case in which it requires assistance),\n> > \n> > > (h) any fire on board the vessel,\n> > \n> > > (i) any damage being caused to the vessel (including any structural failure),\n> > \n> > > (j) any damage to the environment caused by the vessel or by any substance on, or discharged from, the vessel,\n> > \n> > > (k) any incident that causes danger of any of the above,\n> > \n> > but does not include anything excluded from this definition by the regulations.\n> > \n> > misconduct by the holder of a marine safety licence includes—\n> > \n> > > (a) carelessness in carrying out any lawful duty required of that holder, or\n> > \n> > > (b) carrying out any duty while under the influence of alcohol or any other drug, or\n> > \n> > > (c) any other act or omission that indicates that the person is not a fit and proper person to act in the capacity required by the licence.\n> > \n> > public passenger service has the same meaning as it has in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> > (2) In this Part, a reference to the holder of a marine safety licence includes a reference to a person whose licence is suspended or cancelled or has otherwise ceased to have effect.\n> \n> **s 94:** Am 2003 No 65, Sch 2 \\[2\\]; 2005 No 55, Sch 4.2 \\[1\\] \\[2\\].","sortOrder":197},{"sectionNumber":"95","sectionType":"section","heading":"Application","content":"#### 95 Application\n\n95 Application\n\n> This Part extends, in the case of the holder of a marine safety licence, to the investigation of a marine accident or any incompetence or misconduct by the holder, even though it occurred anywhere outside the State.","sortOrder":198},{"sectionNumber":"96","sectionType":"section","heading":"Appointment of authorised officers (other than harbour masters and police officers)","content":"#### 96 Appointment of authorised officers (other than harbour masters and police officers)\n\n96 Appointment of authorised officers (other than harbour masters and police officers)\n\n> > (1) The Minister may appoint any of the following as an authorised officer for the purposes of the marine legislation—\n> > \n> > > (a) a member of staff of Transport for NSW,\n> > \n> > > (b) a member of staff of the Port Authority of New South Wales,\n> > \n> > > (c) a member of the Transport Service,\n> > \n> > > (d) a member of staff of a government department or other public or local authority,\n> > \n> > > (e) the Chief Investigator or a member of staff of the Chief Investigator,\n> > \n> > > (f) an officer, employee or agent of the port operator of a private port under the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n> \n> > (2) The authorisation of such a person as an authorised officer can be given generally, or subject to conditions and restrictions or only for limited purposes. If the authorisation is subject to conditions or restrictions or only for limited purposes, nothing in this Act authorises or requires the authorised officer to act in contravention of the condition or restriction or for other purposes.\n> \n> **s 96:** Am 2003 No 65, Sch 2 \\[3\\]; 2005 No 55, Sch 4.2 \\[3\\] \\[4\\]; 2006 No 58, Sch 2.33 \\[2\\]; 2011 No 41, Sch 5.22 \\[4\\]; 2012 No 101, Sch 6.2; 2016 No 28, Sch 1 \\[38\\]; 2020 No 30, Sch 4.42\\[1\\]; 2025 No 12, Sch 1\\[64\\].","sortOrder":199},{"sectionNumber":"97","sectionType":"section","heading":"Identity cards for authorised officers","content":"#### 97 Identity cards for authorised officers\n\n97 Identity cards for authorised officers\n\n> > (1) The Minister is required to give an identity card to each authorised officer appointed under section 96 (including an investigator appointed under Division 3).\n> \n> > (2) An identity card is to be in a form approved by the Minister.\n> \n> > (3) An authorised officer when exercising the functions of the officer is required to produce his or her identity card if requested to do so by an affected person. This subsection does not apply if the officer gives a direction by radio or other communication device.\n> \n> > (4) A person who has been issued with an identity card must return it to the Minister on demand.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (5) Until an authorised officer is given an identity card, the officer’s instrument of appointment is taken to be an identity card for the purposes of subsection (3).","sortOrder":200},{"sectionNumber":"97A","sectionType":"section","heading":"Obstruction or assault of authorised officers and others","content":"#### 97A Obstruction or assault of authorised officers and others\n\n97A Obstruction or assault of authorised officers and others\n\n> > (1) A person must not, without reasonable excuse, prevent or obstruct any authorised officer or other person in the exercise of a function under the marine legislation.\n> \n> > (2) A person must not assault or threaten, or use abusive language to, an authorised officer or other person in the exercise of a function under the marine legislation, or cause any other person to do so.\n> \n> > (3) A person must not impersonate an authorised officer.\n> \n> Maximum penalty—100 penalty units or imprisonment for 3 months, or both.\n> \n> **s 97A:** Ins 2008 No 59, Sch 1 \\[52\\]. Subst 2016 No 28, Sch 1 \\[39\\].","sortOrder":201},{"sectionNumber":"98","sectionType":"section","heading":"Requirements of masters in case of accident involving vessels","content":"#### 98 Requirements of masters in case of accident involving vessels\n\n98 Requirements of masters in case of accident involving vessels\n\n> > (1) The master of a vessel involved in a marine accident involving 2 or more vessels or the death of or injury to any person—\n> > \n> > > (a) must stop the vessel, and\n> > \n> > > (b) must give any necessary assistance that the master is able to give to any person injured or vessel damaged in the accident.\n> \n> > (2) The master of a vessel involved in a marine accident, if required to do so by any person having reasonable grounds for so requiring—\n> > \n> > > (a) must produce any marine safety licence required under this Act to be held by the master, and\n> > \n> > > (b) must give particulars of his or her name and place of residence, the name and address of the relevant owner of the vessel, the name of the vessel and any distinguishing number that is, or is required to be, displayed on the vessel by law.\n> \n> > (3) The master of a vessel involved in a marine accident, if required so to do by any authorised officer, must give such particulars of the marine accident as the officer requires and the master is able to give.\n> \n> Note.\n> \n> A failure to comply with the requirements of this section or of any other provision of this Division does not constitute an offence if there was a reasonable excuse for that failure—see section 102.\n> \n> **s 98:** Am 2025 No 12, Sch 1\\[19\\].","sortOrder":203},{"sectionNumber":"98A","sectionType":"section","heading":"Requirements of masters of recreational vessels to render assistance","content":"#### 98A Requirements of masters of recreational vessels to render assistance\n\n98A Requirements of masters of recreational vessels to render assistance\n\n> The master of a recreational vessel who has reason to believe that 1 or more persons are in distress on a vessel at sea—\n> \n> > (a) must cause the vessel to proceed as fast as practicable to the assistance of the person or persons, and\n> \n> > (b) must, where practicable, inform the person or persons that the vessel is proceeding to their assistance, and\n> \n> > (c) must give any necessary assistance that the master is able to give to any person or persons in distress.\n> \n> Note 1.\n> \n> A failure to comply with the requirements of this section or of any other provision of this Division does not constitute an offence if there was a reasonable excuse for that failure—see section 102.\n> \n> Note 2.\n> \n> Similar requirements apply to masters of commercial vessels—see section 85 of the [Marine Safety (Domestic Commercial Vessel) National Law](http://www.legislation.gov.au/) of the Commonwealth as applied by section 9C of this Act.\n> \n> **s 98A:** Ins 2016 No 28, Sch 1 \\[40\\].","sortOrder":204},{"sectionNumber":"99","sectionType":"section","heading":"Duty to report marine accidents to Minister","content":"#### 99 Duty to report marine accidents to Minister\n\n99 Duty to report marine accidents to Minister\n\n> > (1) When a marine accident occurs in connection with a vessel, the master of that vessel (and the relevant owner of the vessel if aware of the accident) must send a report to the Minister containing particulars of the accident as soon as practicable by the quickest means available.\n> \n> > (2) A report is not required to be sent—\n> > \n> > > (a) if a report of the marine accident has already been sent by the relevant owner or master, or\n> > \n> > > (b) in any other case prescribed by the regulations.\n> \n> > (3) After receiving a report of a marine accident, the Minister may require further information from the relevant owner or master of a vessel involved in the accident to determine whether an investigation should be ordered into the marine accident.\n> \n> **s 99:** Am 2025 No 12, Sch 1\\[19\\].","sortOrder":205},{"sectionNumber":"100","sectionType":"section","heading":"Marine accident particulars","content":"#### 100 Marine accident particulars\n\n100 Marine accident particulars\n\n> The particulars of a marine accident required to be furnished or reported under sections 98 (3) and 99 are as follows—\n> \n> > (a) the time, place and nature of the marine accident,\n> \n> > (a1) an explanation of the circumstances of the marine accident,\n> \n> > (b) the name and distinguishing number (if any) of each vessel involved in the marine accident,\n> \n> > (c) the name and address of each person who was involved in or was a material witness to the marine accident,\n> \n> > (d) any loss of life or the estimated extent of any injury or damage resulting from the marine accident.\n> \n> **s 100:** Am 2016 No 28, Sch 1 \\[41\\] \\[42\\].","sortOrder":206},{"sectionNumber":"101","sectionType":"section","heading":"Preservation of evidence","content":"#### 101 Preservation of evidence\n\n101 Preservation of evidence\n\n> The relevant owner or master of a vessel involved in a marine accident (or other person concerned in the accident) must take all reasonable measures to preserve any evidence relating to the marine accident (including nautical charts, log books and other documents) if he or she has reason to believe that the evidence may be required for an investigation into the marine accident.\n> \n> Note.\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides that documents include computer and other electronic records.\n> \n> **s 101:** Am 2025 No 12, Sch 1\\[65\\].","sortOrder":207},{"sectionNumber":"102","sectionType":"section","heading":"Offence","content":"#### 102 Offence\n\n102 Offence\n\n> A person who—\n> \n> > (a) without reasonable excuse fails to comply with any provision or requirement of this Division, or\n> \n> > (b) furnishes any particulars or information under this Division that the person knows to be false or misleading,\n> \n> is guilty of an offence.\n> \n> Maximum penalty—50 penalty units.","sortOrder":208},{"sectionNumber":"103","sectionType":"section","heading":"Ordering of investigations","content":"#### 103 Ordering of investigations\n\n103 Ordering of investigations\n\n> > (1) The Minister may order an investigation into any one or more of the following—\n> > \n> > > (a) a marine accident that has been reported under Division 2 or that the Minister believes may have occurred,\n> > \n> > > (b) any situation that has the potential to cause marine accidents,\n> > \n> > > (c) an incident in connection with a port facility that have caused, or has the potential to cause, a danger to life or serious damage to property.\n> \n> > (2) An investigation may be carried out and a report provided to the Minister whether or not—\n> > \n> > > (a) an investigation is being, or has been, conducted under the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046) or any other Act or law relating to the same matter, or\n> > \n> > > (b) the matter is or may be subject to any criminal or civil proceedings, or\n> > \n> > > (c) the matter is or may be subject to an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> **s 103:** Am 2003 No 65, Sch 2 \\[4\\]. Subst 2016 No 28, Sch 1 \\[43\\].","sortOrder":210},{"sectionNumber":"104","sectionType":"section","heading":"Principal purposes of investigation","content":"#### 104 Principal purposes of investigation\n\n104 Principal purposes of investigation\n\n> The principal purposes of an investigation under this Division are—\n> \n> > (a) to determine the circumstances of or concerning the marine accident or other incident as they affect marine safety, and\n> \n> > (b) to make recommendations to prevent the recurrence of any similar marine accident or other incident.","sortOrder":211},{"sectionNumber":"105","sectionType":"section","heading":"Appointment of investigator","content":"#### 105 Appointment of investigator\n\n105 Appointment of investigator\n\n> > (1) The Minister may appoint as the investigator for the purposes of an investigation—\n> > \n> > > (a) an authorised officer, or\n> > \n> > > (b) any other person possessing qualifications or experience relevant to the investigation.\n> \n> > (1A) If an investigation concerns or is related to a public passenger service provided by a ferry, the Minister may appoint the Chief Investigator as the investigator or any person of a kind referred to in subsection (1).\n> \n> > (2) The Minister may appoint 2 or more persons as joint investigators for the purposes of an investigation.\n> \n> > (3) An investigator is subject to the control and direction of the Minister, except in relation to the contents of any report made by the investigator.\n> \n> **s 105:** Am 2003 No 65, Sch 2 \\[5\\]; 2005 No 55, Sch 4.2 \\[5\\].","sortOrder":212},{"sectionNumber":"106","sectionType":"section","heading":"Powers of investigator","content":"#### 106 Powers of investigator\n\n106 Powers of investigator\n\n> For the purpose of conducting an investigation, an investigator is an authorised officer and has all the powers and other functions of an authorised officer under this Part.","sortOrder":213},{"sectionNumber":"107","sectionType":"section","heading":"Conduct of investigations","content":"#### 107 Conduct of investigations\n\n107 Conduct of investigations\n\n> > (1) An investigator is to conduct the investigation in such manner as the investigator considers appropriate having regard to the principal purposes of the investigation.\n> \n> > (2) An investigation may extend to all relevant events and circumstances preceding the marine accident or other incident.\n> \n> > (3) At any time during the course of an investigation the Minister may determine that the investigation be discontinued and that a report be prepared and submitted by the investigator.\n> \n> > (4) For the purposes of an investigation, the investigator may rely on any evidence relating to the matter under investigation given in any criminal or civil proceedings or in any coronial or other judicial inquiry.","sortOrder":214},{"sectionNumber":"108","sectionType":"section","heading":"Report to Minister of investigation","content":"#### 108 Report to Minister of investigation\n\n108 Report to Minister of investigation\n\n> > (1) On the completion of the investigation, the investigator must prepare and submit a report to the Minister.\n> \n> > (2) The report must include—\n> > \n> > > (a) findings as to the facts of the marine accident or other incident, and where the facts cannot be established with certainty, an opinion as to the most probable facts, and\n> > \n> > > (b) in the case of a marine accident, the cause or most probable cause of the accident, and\n> > \n> > > (c) any observations and recommendations to prevent the recurrence of similar marine accidents or incidents that the investigator considers should be made.\n> \n> > (3) The investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report—\n> > \n> > > (a) if the investigator thinks that it is desirable or necessary to do so for the purposes of transport or marine safety, or\n> > \n> > > (b) to allow the making of submissions about the draft report, or\n> > \n> > > (c) to give advance notice of the likely form of the report.\n> \n> > (4) The investigator may include in a report any submissions made in response to a draft report or draft recommendations.\n> \n> **s 108:** Am 2016 No 28, Sch 1 \\[44\\].","sortOrder":215},{"sectionNumber":"109","sectionType":"section","heading":"Obligations of persons who receive draft reports or recommendations","content":"#### 109 Obligations of persons who receive draft reports or recommendations\n\n109 Obligations of persons who receive draft reports or recommendations\n\n> > (1) A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided to the person under this Division except—\n> > \n> > > (a) as required or authorised by or under this or any other Act, or\n> > \n> > > (b) where necessary to take steps to remedy safety issues identified in the draft report, or\n> > \n> > > (c) where necessary to prepare submissions on the draft report or draft recommendations.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person who is provided with a draft report under this Division—\n> > \n> > > (a) cannot be required to disclose it to a person or a court, and\n> > \n> > > (b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report.\n> \n> **s 109:** Subst 2016 No 28, Sch 1 \\[45\\].","sortOrder":216},{"sectionNumber":"110","sectionType":"section","heading":"Suspension of marine safety licence pending investigation","content":"#### 110 Suspension of marine safety licence pending investigation\n\n110 Suspension of marine safety licence pending investigation\n\n> > (1) If an investigation has been ordered under this Division that involves any alleged incompetence or misconduct of the holder of a marine safety licence, the responsible regulator may suspend the licence pending the investigation and determination of the matter if the responsible regulator has reason to believe that it would be dangerous for the holder of the licence to continue the activities authorised by the licence.\n> \n> > (2) A suspension under this section may not exceed 14 days.\n> \n> > (3) The responsible regulator may only extend the suspension beyond that period if authorised to do so by order of a Judge of the Local Court. A judge may, on application by the responsible regulator, make such an order if satisfied there is reasonable cause to do so.\n> \n> **s 110:** Am 2014 No 38, Sch 1.1 \\[5\\] \\[6\\]; 2025 No 12, Sch 1\\[24\\]; 2025 No 61, Sch 2.62.","sortOrder":217},{"sectionNumber":"111","sectionType":"section","heading":"Action by Minister following report of investigation","content":"#### 111 Action by Minister following report of investigation\n\n111 Action by Minister following report of investigation\n\n> > (1) The Minister may take any action that is available to the Minister in connection with a report submitted by an investigator.\n> \n> > (2) In particular, the Minister may do any of the following—\n> > \n> > > (a) take no action,\n> > \n> > > (b) take action to improve marine safety procedures,\n> > \n> > > (c) suspend or cancel a marine safety licence, or impose conditions on any such licence,\n> > \n> > > (d) disqualify a person from holding or being granted a marine safety licence for a specified period,\n> > \n> > > (e) inform any other marine safety authority that has granted any similar licence to the person concerned of the report and action taken by the Minister on the report,\n> > \n> > > (f) in the case of an investigation concerning or related to a public passenger service provided by a ferry, inform Transport for NSW or the Chief Investigator of the report and the action taken by the Minister on the report.\n> \n> > (3) If Transport for NSW is the responsible regulator for a marine safety licence rather than the Minister, the Minister may require Transport for NSW to take action for the purposes of subsection (2) in connection with that licence.\n> \n> > (4) Any action taken under this section may extend to more than 1 marine safety licence held by a person.\n> \n> > (5) The Minister or Transport for NSW (as the case requires) must give written notice to the holder of a marine safety licence of any action taken under this section against that holder.\n> \n> **s 111:** Am 2003 No 65, Sch 2 \\[6\\]; 2005 No 55, Sch 4.2 \\[6\\]; 2006 No 58, Sch 2.33 \\[2\\]; 2008 No 59, Sch 1 \\[53\\]; 2011 No 41, Sch 5.22 \\[5\\]; 2011 No 62, Sch 2.20; 2014 No 38, Sch 1.1 \\[7\\]–\\[9\\]. Subst 2016 No 28, Sch 1 \\[46\\]; 2020 No 30, Sch 4.42\\[1\\] \\[8\\]. Am 2025 No 12, Sch 1\\[24\\] \\[66\\].","sortOrder":218},{"sectionNumber":"112","sectionType":"section","heading":"Public release of report","content":"#### 112 Public release of report\n\n112 Public release of report\n\n> > (1) The investigator may, at any time during the course of an investigation, make recommendations to the Minister. The Minister may cause them to be made public if the Minister considers that it is in the interests of marine safety to do so.\n> \n> > (2) The Minister may publicly release a report (or parts of any report) made to the Minister by an investigator.\n> \n> > (3) The Minister is not to publicly release a report or any part of it if it might prejudice the rights of any person in any criminal proceedings instituted in connection with the matter.","sortOrder":219},{"sectionNumber":"113","sectionType":"section","heading":"Protection from liability","content":"#### 113 Protection from liability\n\n113 Protection from liability\n\n> Civil proceedings may not be brought against the State, the Minister, an investigator or any person who has supplied any information to the Minister or to an investigator in connection with an investigation under this Division in respect of any matter contained in that information that is or is alleged to be defamatory or a breach of confidence.","sortOrder":220},{"sectionNumber":"114","sectionType":"section","heading":"Application of Division","content":"#### 114 Application of Division\n\n114 Application of Division\n\n> > (1) This Division applies to the following investigations—\n> > \n> > > (a) investigations to determine whether the marine legislation has been or may be contravened,\n> > \n> > > (b) investigations under Division 3.\n> \n> > (2) A power conferred by this Division in respect of a vessel (other than a power to detain the vessel) may be exercised for the purpose of conducting random investigations of compliance with marine safety requirements.\n> \n> > (3) This Division does not limit any function exercisable under the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005) in connection with an investigation to which this Division applies.\n> \n> **s 114:** Am 2012 No 5, Sch 1.3 \\[3\\].","sortOrder":222},{"sectionNumber":"115","sectionType":"section","heading":"Power to stop and board vessels","content":"#### 115 Power to stop and board vessels\n\n115 Power to stop and board vessels\n\n> > (1) For the purpose of conducting an investigation, an authorised officer may at any reasonable time—\n> > \n> > > (a) stop any vessel, and\n> > \n> > > (b) board any vessel, and\n> > \n> > > (c) enter any land for the purpose of boarding any vessel (other than land used for residential purposes), and\n> > \n> > > (d) take along any assistants or equipment required to assist the investigation.\n> \n> > (2) For the purpose of boarding the vessel, the authorised officer may direct the person operating the vessel to manoeuvre it in a specified manner or to a specified place or to secure it in a specified manner.","sortOrder":223},{"sectionNumber":"116","sectionType":"section","heading":"Other powers of entry","content":"#### 116 Other powers of entry\n\n116 Other powers of entry\n\n> > (1) For the purpose of conducting an investigation, an authorised officer may, at any reasonable time in the daytime or at any time when work is carried on there, enter any premises (other than premises used for residential purposes).\n> \n> > (2) The authorised officer is to give the occupier of premises reasonable notice of an intention to enter premises under this section unless—\n> > \n> > > (a) the entry is made with the consent of the occupier, or\n> > \n> > > (b) the entry is made to a part of the premises that is open to the public, or\n> > \n> > > (c) the entry is required urgently, or\n> > \n> > > (d) the giving of notice would defeat the purpose for which it is intended to exercise the power of entry.\n> \n> > (3) In this section, premises includes any vehicle.","sortOrder":224},{"sectionNumber":"117","sectionType":"section","heading":"General investigative powers","content":"#### 117 General investigative powers\n\n117 General investigative powers\n\n> For the purposes of conducting an investigation, the authorised officer may do any of the following on any vessel boarded or premises entered under this Division (or in connection with any vessel stopped but not boarded under this Division)—\n> \n> > (a) search the vessel or premises,\n> \n> > (b) make inquiries of any person,\n> \n> > (c) take measurements and photographs and make recordings or gather information or evidence,\n> \n> > (d) examine or test any equipment or substance,\n> \n> > (e) take possession of any equipment or substance and detain it—\n> > \n> > > (i) for examination and testing, or\n> > \n> > > (ii) to ensure that it is available for use in evidence in any proceedings for an offence,\n> \n> > (f) require the production of any relevant document, and take possession or copies of, or examine, the document or any entry in that document,\n> \n> > (g) require any person to give the investigator any facilities and assistance within that person’s control that are necessary to facilitate the conduct of the investigation.","sortOrder":225},{"sectionNumber":"118","sectionType":"section","heading":"Detention of vessel for purposes of investigation","content":"#### 118 Detention of vessel for purposes of investigation\n\n118 Detention of vessel for purposes of investigation\n\n> > (1) An authorised officer may detain a vessel for the purposes of an investigation, but only for so long as is necessary for the purposes of the investigation.\n> \n> > (2) An authorised officer may not detain a vessel for more than 72 hours unless authorised to do so by order of a Judge of the Local Court. A judge may, on application by an authorised officer, make such an order if satisfied there is reasonable cause for doing so.\n> \n> > (3) The authorised officer may give the master or relevant owner (or any other person) any directions required for the purpose of detaining the vessel.\n> \n> **s 118:** Am 2016 No 28, Sch 1 \\[47\\]; 2025 No 12, Sch 1\\[60\\]; 2025 No 61, Sch 2.62.","sortOrder":226},{"sectionNumber":"119","sectionType":"section","heading":"Production of marine safety licences","content":"#### 119 Production of marine safety licences\n\n119 Production of marine safety licences\n\n> > (1) The holder of a boat driving licence is required to carry the licence when doing anything for which the licence is required.\n> \n> > (2) An authorised officer may require the holder of a marine safety licence who is doing anything for which the licence is required to produce the holder’s licence.\n> \n> > (3) The holder of a marine safety licence (other than a boat driving licence) is not required to produce the licence at the time the requirement is made if the holder does not have the licence in his or her possession at the time. In that case, the holder is required to produce the licence to an authorised officer within 24 hours or within any longer period approved by an authorised officer.\n> \n> > (4) An authorised officer may seize any marine safety licence that has been cancelled or otherwise ceased to have effect or that the officer has reason to believe is false.\n> \n> > (5) In this section, a reference to a boat driving licence includes a reference to an authorisation to operate a power-driven vessel issued under the law of another jurisdiction.\n> \n> **s 119:** Am 2016 No 28, Sch 1 \\[48\\].","sortOrder":227},{"sectionNumber":"120","sectionType":"section","heading":"Identification of person suspected of committing offence","content":"#### 120 Identification of person suspected of committing offence\n\n120 Identification of person suspected of committing offence\n\n> An authorised officer may require a person whom the authorised officer has reason to suspect has committed an offence against the marine legislation to state his or her full name and residential address.","sortOrder":228},{"sectionNumber":"121","sectionType":"section","heading":"Identification of relevant owner and master of vessel","content":"#### 121 Identification of relevant owner and master of vessel\n\n121 Identification of relevant owner and master of vessel\n\n> > (1) An authorised officer may require information about the relevant owner, operator or master of a vessel under this section for the purpose of an investigation.\n> \n> > (2) A person must, if an authorised officer requires the person to do so, supply all the information the person has regarding the identity and address of the relevant owner, operator or master of a vessel.\n> \n> > (3) Without limiting subsection (2), an authorised officer may require the relevant owner of a vessel to supply a written statement containing the identity and address of the master or operator of the vessel. Any such written statement is admissible in any proceedings as evidence (without proof of signature) of the identity and address of the master or operator of the vessel concerned.\n> \n> > (4) Without limiting subsection (2), an authorised officer may require the master of a vessel to supply a written statement containing the identity and address of the relevant owner or operator of the vessel. Any such written statement is admissible in any proceedings as evidence (without proof of signature) of the identity and address of the relevant owner or operator of the vessel concerned.\n> \n> > (5) Without limiting subsection (2), an authorised officer may require the operator of a vessel to supply a written statement containing the identity and address of the relevant owner or master of the vessel. Any such written statement is admissible in any proceedings as evidence (without proof of signature) of the identity and address of the relevant owner or master of the vessel concerned.\n> \n> **s 121:** Am 2008 No 59, Sch 1 \\[54\\]; 2016 No 28, Sch 1 \\[49\\]–\\[53\\]; 2025 No 12, Sch 1\\[19\\] \\[67\\].","sortOrder":229},{"sectionNumber":"122","sectionType":"section","heading":"Power to require persons to attend to answer questions or produce documents or other things","content":"#### 122 Power to require persons to attend to answer questions or produce documents or other things\n\n122 Power to require persons to attend to answer questions or produce documents or other things\n\n> > (1) An authorised officer may, by notice in writing, require either or both of the following—\n> > \n> > > (a) the attendance of any person at any place to answer questions at an inquiry for the purposes of an investigation,\n> > \n> > > (b) the production of any documents or other things required by the authorised officer for the purposes of the investigation.\n> \n> > (2) At any such inquiry, the authorised officer—\n> > \n> > > (a) is not bound by the rules of evidence, and\n> > \n> > > (b) may conduct the inquiry without regard to legal forms, and\n> > \n> > > (c) may inform himself or herself in such manner as the officer thinks fit.\n> \n> > (3) At any such inquiry, the authorised officer may administer an oath or require any statement to be verified by statutory declaration.\n> \n> > (4) This section does not apply to investigations under section 114 (1) (a) or (2).\n> \n> **s 122:** Am 2016 No 28, Sch 1 \\[54\\].","sortOrder":230},{"sectionNumber":"123","sectionType":"section","heading":"Limitation on self-incrimination","content":"#### 123 Limitation on self-incrimination\n\n123 Limitation on self-incrimination\n\n> > (1) A person who is required under this Division to answer a question or to produce a thing is not excused from answering the question or producing that thing on the ground that the answer to the question or the production of the thing might tend to incriminate the person or make the person liable to a penalty.\n> \n> > (2) The answer to the question or production of the thing, or any information obtained as a direct consequence of the answer or production is not admissible in evidence against the person in any criminal proceedings except proceedings for an offence against section 125.\n> \n> > (3) This section does not apply to investigations under section 114 (1) (a) or (2).\n> \n> **s 123:** Am 2016 No 28, Sch 1 \\[55\\].","sortOrder":231},{"sectionNumber":"124","sectionType":"section","heading":"General provisions relating to functions under this Division","content":"#### 124 General provisions relating to functions under this Division\n\n124 General provisions relating to functions under this Division\n\n> > (1) In the exercise of a function under this Division, an authorised officer is to do as little damage as possible.\n> \n> > (2) A requirement that an authorised officer may make under this Division may specify a reasonable time within which it is to be complied with. If no such time is specified, the requirement is to be complied with as soon as practicable after it is made.\n> \n> > (3) A function exercisable by an authorised officer under this Division to make inquiries of any person or to require a person to supply information, answer questions or produce documents or other things extends to making any such inquiries or requirements to determine whether a vessel is a commercial vessel.\n> \n> **s 124:** Am 2012 No 90, Sch 1 \\[23\\].","sortOrder":232},{"sectionNumber":"125","sectionType":"section","heading":"Offences","content":"#### 125 Offences\n\n125 Offences\n\n> > (1) (Repealed)\n> \n> > (2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under this Division.\n> \n> > (3) A person must not give any information or make a statement pursuant to any requirement made under this Division that the person knows is false or misleading.\n> \n> Maximum penalty—50 penalty units.\n> \n> **s 125:** Am 2008 No 59, Sch 1 \\[55\\].","sortOrder":233},{"sectionNumber":"125A","sectionType":"section","heading":"Public ferry wharves","content":"#### 125A Public ferry wharves\n\n125A Public ferry wharves\n\n> In this Division—\n> \n> public ferry wharf means a wharf or any associated facilities used for the purposes of public passenger services provided by ferries.\n> \n> Note.\n> \n> The terms ferry and public passenger service are defined in section 94 (1) to have the same meanings as they have in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> **s 125A:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2008 No 59, Sch 1 \\[57\\].","sortOrder":235},{"sectionNumber":"125B","sectionType":"section","heading":"Inspections of public ferry wharves","content":"#### 125B Inspections of public ferry wharves\n\n125B Inspections of public ferry wharves\n\n> > (1) The Minister may cause inspections to be carried out of public ferry wharves.\n> \n> > (2) An authorised officer may carry out any such inspection.\n> \n> > (3) (Repealed)\n> \n> > (4) (Repealed)\n> \n> > (5) Nothing in this section limits any functions of the Minister under Division 3.\n> \n> > (6) (Repealed)\n> \n> **s 125B:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2008 No 59, Sch 1 \\[58\\]; 2016 No 28, Sch 1 \\[56\\] \\[57\\].","sortOrder":236},{"sectionNumber":"125C","sectionType":"section","heading":"Improvement notices","content":"#### 125C Improvement notices\n\n125C Improvement notices\n\n> > (1) The Minister may give an improvement notice to the owner of a public ferry wharf, or a person responsible for the maintenance of any such wharf, if the Minister is of the opinion that it is necessary to do so to ensure the safety of persons using, or operating, public passenger services provided by ferries.\n> \n> > (2) An improvement notice may require the person to undertake remedial safety work with respect to the public ferry wharf.\n> \n> > (3) The period within which a person is required by an improvement notice to undertake remedial safety work must be at least 7 days after the notice is given.\n> \n> > (4) However, the Minister may specify a period that is less than 7 days after the improvement notice is given if satisfied that it is reasonably practicable for the person to comply with the requirements imposed by the notice by the end of the period.\n> \n> > (5) An improvement notice must—\n> > \n> > > (a) state that the Minister is of the opinion referred to in subsection (1), and\n> > \n> > > (b) state the reasons for that opinion, and\n> > \n> > > (c) include information about obtaining a review of the notice under this Division.\n> \n> > (6) An improvement notice may be varied at the request of, or with the consent of, the person to whom it is given.\n> \n> **s 125C:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2008 No 59, Sch 1 \\[59\\].","sortOrder":237},{"sectionNumber":"125D","sectionType":"section","heading":"Failure to comply with improvement notice","content":"#### 125D Failure to comply with improvement notice\n\n125D Failure to comply with improvement notice\n\n> A person who, without reasonable excuse, fails to comply with a requirement imposed on the person by an improvement notice is guilty of an offence.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—500 penalty units, or\n> \n> > (b) in the case of an individual—250 penalty units.\n> \n> **ss 125D–125G:** Ins 2003 No 65, Sch 2 \\[7\\].","sortOrder":238},{"sectionNumber":"125E","sectionType":"section","heading":"Prohibition notices","content":"#### 125E Prohibition notices\n\n125E Prohibition notices\n\n> > (1) If an authorised officer is of the opinion that, at any public ferry wharf, there is occurring or is about to occur any activity that involves or will involve an immediate risk to the health or safety of persons using, or operating, public passenger services provided by ferries, the authorised officer may give to the person who has or may be reasonably presumed to have control over the activity a notice prohibiting the carrying on of the activity until the matters that give or will give rise to the risk are remedied.\n> \n> > (2) A prohibition notice must—\n> > \n> > > (a) state that the authorised officer is of the opinion referred to in subsection (1), and\n> > \n> > > (b) state the reasons for that opinion, and\n> > \n> > > (c) specify the activity in respect of which that opinion is held, and\n> > \n> > > (d) include information about obtaining a review of the notice under this Division.\n> \n> > (3) A person who is given a prohibition notice who, without reasonable excuse, fails to comply with a requirement imposed by the notice is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a corporation—500 penalty units, or\n> > \n> > > (b) in the case of an individual—250 penalty units.\n> \n> **ss 125D–125G:** Ins 2003 No 65, Sch 2 \\[7\\].","sortOrder":239},{"sectionNumber":"125F","sectionType":"section","heading":"Notices may include directions","content":"#### 125F Notices may include directions\n\n125F Notices may include directions\n\n> > (1) An improvement notice or a prohibition notice may include directions as to the measures to be taken to comply with the notice.\n> \n> > (2) Any such direction may—\n> > \n> > > (a) adopt, by reference, the requirements of any industry or other code of practice or standard, and\n> > \n> > > (b) offer the person to whom it is issued a choice of ways in which to comply with the notice.\n> \n> **ss 125D–125G:** Ins 2003 No 65, Sch 2 \\[7\\].","sortOrder":240},{"sectionNumber":"125G","sectionType":"section","heading":"Review of notices by Minister","content":"#### 125G Review of notices by Minister\n\n125G Review of notices by Minister\n\n> > (1) A person who is given a notice under this Division may apply in writing to the Minister for a review of the notice.\n> \n> > (2) The application for review must be made within 7 days after the notice is given, or, if the regulations prescribe a different period, within the period so prescribed.\n> \n> > (3) An application for review may be made only once in respect of any particular notice.\n> \n> > (4) The Minister is to review a notice that is the subject of a duly made application for review.\n> \n> > (5) The notice is stayed (unless it is a prohibition notice) from when the application for review is received by the Minister until the Minister gives notice to the applicant of the result of the review.\n> \n> > (6) The Minister may, as a result of the review, confirm the notice, vary it or revoke it. The confirmation, variation or revocation has effect when notice of the result of the review is given to the applicant.\n> \n> > (7) Regulations may be made with respect to reviews under this section.\n> \n> **ss 125D–125G:** Ins 2003 No 65, Sch 2 \\[7\\].","sortOrder":241},{"sectionNumber":"125H","sectionType":"section","heading":"Application to Civil and Administrative Tribunal for stay of prohibition notice","content":"#### 125H Application to Civil and Administrative Tribunal for stay of prohibition notice\n\n125H Application to Civil and Administrative Tribunal for stay of prohibition notice\n\n> > (1) A person who applies for a review of a prohibition notice under section 125G may apply to the Civil and Administrative Tribunal for a stay of the notice.\n> \n> > (2) A stay may be granted for the period considered appropriate by the Tribunal, but not so as to extend past the time when notice of the result of the review is given to the applicant by the Minister.\n> \n> > (3) A stay may be granted on such conditions as the Tribunal thinks appropriate and may be revoked or amended by the Tribunal.\n> \n> **s 125H:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2013 No 95, Sch 2.94 \\[5\\].","sortOrder":242},{"sectionNumber":"125I","sectionType":"section","heading":"Administrative review by Civil and Administrative Tribunal","content":"#### 125I Administrative review by Civil and Administrative Tribunal\n\n125I Administrative review by Civil and Administrative Tribunal\n\n> A person who is aggrieved by a decision of the Minister under section 125G may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision.\n> \n> **s 125I:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2013 No 95, Sch 2.94 \\[6\\].","sortOrder":243},{"sectionNumber":"125J","sectionType":"section","heading":"Withdrawal and revocation of notices","content":"#### 125J Withdrawal and revocation of notices\n\n125J Withdrawal and revocation of notices\n\n> > (1) An improvement notice or a prohibition notice may be withdrawn at any time by the Minister or the authorised officer who gave the notice.\n> \n> > (2) The withdrawal has effect when notice of the withdrawal is given to the person to whom the notice was given.\n> \n> > (3) The withdrawal or revocation of an improvement notice or a prohibition notice does not prevent the giving of any other improvement notice or prohibition notice.\n> \n> **s 125J:** Ins 2003 No 65, Sch 2 \\[7\\]. Am 2008 No 59, Sch 1 \\[60\\].","sortOrder":244},{"sectionNumber":"125K","sectionType":"section","heading":"Proceedings for offences not affected by notices","content":"#### 125K Proceedings for offences not affected by notices\n\n125K Proceedings for offences not affected by notices\n\n> The giving, variation, revocation or withdrawal of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations or any other Act or law in connection with any matter in respect of which the notice was issued.\n> \n> **s 125K:** Ins 2003 No 65, Sch 2 \\[7\\].","sortOrder":245},{"sectionNumber":"125L","sectionType":"section","heading":"Certificates relating to public ferry wharves","content":"#### 125L Certificates relating to public ferry wharves\n\n125L Certificates relating to public ferry wharves\n\n> > (1) For the purposes of carrying out functions under this Division in relation to public ferry wharves, the Minister may, by notice in writing, direct the owner or person responsible for the maintenance of any such wharf to provide to the Minister a report from an appropriately qualified person as to the condition of the wharf within the time specified in the notice.\n> \n> > (2) If a person is directed under this section to provide a report within a specified time and the report is not provided within that time, the Minister may obtain such a report and may recover from the person as a debt in any court of competent jurisdiction the reasonable charges and expenses incurred in obtaining the report.\n> \n> **s 125L:** Ins 2008 No 59, Sch 1 \\[61\\].","sortOrder":246},{"sectionNumber":"125M","sectionType":"section","heading":"Regulations relating to public ferry wharves","content":"#### 125M Regulations relating to public ferry wharves\n\n125M Regulations relating to public ferry wharves\n\n> > (1) The regulations may make provision for or with respect to any of the following—\n> > \n> > > (a) the inspection of public ferry wharves under this Division,\n> > \n> > > (b) the methodology or standards with which inspections must comply,\n> > \n> > > (c) the provision of inspection reports to persons,\n> > \n> > > (d) the procedures with respect to responses to inspection reports,\n> > \n> > > (e) requirements relating to the maintenance and standards of construction of public ferry wharves,\n> > \n> > > (f) requirements relating to the preparation of maintenance plans for public ferry wharves and the reporting on and keeping of records in respect of such plans.\n> \n> > (2) The regulations under this section may apply, adopt or incorporate by reference wholly or partly, and with or without modification, any document published by the Minister in the Gazette or on the website of Transport for NSW as in force at a particular time or as in force from time to time.\n> \n> **s 125M:** Ins 2008 No 59, Sch 1 \\[61\\]. Am 2011 No 41, Sch 5.22 \\[6\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":247},{"sectionNumber":"Part 9","sectionType":"part","heading":"Legal proceedings","content":"# Part 9 Legal proceedings\n\nPart 9 Legal proceedings","sortOrder":248},{"sectionNumber":"126","sectionType":"section","heading":"Penalty notices","content":"#### 126 Penalty notices\n\n126 Penalty notices\n\n> > (1) A law enforcement officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations, or the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005) or the regulations made under that Act, that is prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note.\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).\n> \n> > (5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.\n> \n> > (6) In this section, law enforcement officer means a police officer or, in relation to a particular offence, a person belonging to a class of persons specified in the regulations in relation to that offence.\n> \n> **s 126:** Subst 2017 No 22, Sch 3.45. Am 2020 No 30, Sch 2.26.","sortOrder":249},{"sectionNumber":"126A","sectionType":"section","heading":"Camera recorded offences","content":"#### 126A Camera recorded offences\n\n126A Camera recorded offences\n\n> Schedule 1A makes provision for camera recorded offences.\n> \n> **s 126A:** Ins 2016 No 28, Sch 1 \\[58\\].","sortOrder":250},{"sectionNumber":"127","sectionType":"section","heading":"Offences","content":"#### 127 Offences\n\n127 Offences\n\n> > (1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily before—\n> > \n> > > (a) the Local Court, or\n> > \n> > > (b) the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.\n> \n> **s 127:** Am 2001 No 121, Sch 2.144 \\[1\\]; 2006 No 58, Sch 2.33 \\[2\\]; 2006 No 84, Sch 2.8 \\[5\\]. Subst 2008 No 59, Sch 1 \\[62\\]. Am 2007 No 94, Sch 2.","sortOrder":251},{"sectionNumber":"128","sectionType":"section","heading":"Time within which proceedings may be commenced","content":"#### 128 Time within which proceedings may be commenced\n\n128 Time within which proceedings may be commenced\n\n> Despite the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or any other Act, proceedings for an offence under this Act or the regulations may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed.\n> \n> **s 128:** Am 2001 No 121, Sch 2.144 \\[2\\].","sortOrder":252},{"sectionNumber":"129","sectionType":"section","heading":"Persons who may bring proceedings","content":"#### 129 Persons who may bring proceedings\n\n129 Persons who may bring proceedings\n\n> Proceedings for an offence against the marine legislation may be brought by any person, including a police officer or an authorised officer.","sortOrder":253},{"sectionNumber":"130","sectionType":"section","heading":"Offences by corporations","content":"#### 130 Offences by corporations\n\n130 Offences by corporations\n\n> > (1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.\n> \n> > (2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.\n> \n> > (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.","sortOrder":254},{"sectionNumber":"131","sectionType":"section","heading":"Proof of lawful or reasonable excuse","content":"#### 131 Proof of lawful or reasonable excuse\n\n131 Proof of lawful or reasonable excuse\n\n> If an act or omission is, by the marine legislation, made an offence when done or omitted without lawful or reasonable excuse, proof of the lawful or reasonable excuse lies on the accused.","sortOrder":255},{"sectionNumber":"132","sectionType":"section","heading":"Act presumed to apply to vessels","content":"#### 132 Act presumed to apply to vessels\n\n132 Act presumed to apply to vessels\n\n> If the application of a provision of the marine legislation to a vessel is in question in any proceedings under the marine legislation, that provision is taken (in the absence of evidence to the contrary) to apply to the vessel.","sortOrder":256},{"sectionNumber":"133","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 133 Proof of certain matters not required\n\n133 Proof of certain matters not required\n\n> > (1) A certificate signed or purporting to be signed by the Minister, Transport for NSW or an officer prescribed by the regulations and stating that—\n> > \n> > > (a) a person named in the certificate was or was not at a specified time the holder of a marine safety licence or exemption under the marine legislation of a specified kind, or\n> > \n> > > (b) any such licence or exemption held by a specified person was or was not subject to a specified condition, or\n> > \n> > > (c) any such licence that had been suspended or cancelled has not been delivered to the Minister or Transport for NSW, or\n> > \n> > > (d) any such licence was or was not suspended or cancelled, or\n> > \n> > > (e) a person named in the certificate is or was disqualified from holding a marine safety licence and the circumstances of any such disqualification, or\n> > \n> > > (f) a vessel named in the certificate was or was not registered under this Act,\n> > \n> > is admissible in any legal proceedings and is evidence of the matters stated in the certificate.\n> \n> > (2) In any legal proceedings under the marine legislation, proof is not required (until evidence is given to the contrary) of the following—\n> > \n> > > (a) any order of the Minister, Transport for NSW or Port Authority of New South Wales,\n> > \n> > > (b) the fact that a vessel is subject to a provision of the marine legislation in question,\n> > \n> > > (c) the fact that the defendant is, or at any relevant time was, the master or operator of any vessel in question,\n> > \n> > > (d) the fact that the defendant is, or at any relevant time was, the relevant owner or agent of any vessel in question,\n> > \n> > > (e) the fact that, at any relevant time, any vessel was not used solely for recreational or sporting purposes or was used for commercial purposes,\n> > \n> > > (f) the fact that any vessel was, at any relevant time, of such a tonnage or length that any provision of the marine legislation applied to it,\n> > \n> > > (g) the appointment of any person under the marine legislation,\n> > \n> > > (h) the particular or general appointment of a member of staff of Transport for NSW to take proceedings against a person for an offence against the marine legislation,\n> > \n> > > (i) the particular or general appointment of a person to recover any amount payable to the Minister or Transport for NSW,\n> > \n> > > (j) the fact that the defendant is, or at any relevant time was, the owner or occupier of, or in possession, control or charge of, any land or other thing in question,\n> > \n> > > (k) the fact that any land in question is, or at any relevant time was, vested in the Crown, any Minister or any statutory body,\n> > \n> > > (l) the times of sunrise and sunset on any day and the relevant location, as specified for that day on the website of Geoscience Australia.\n> \n> > (3) In any legal proceedings under the marine legislation, evidence that—\n> > \n> > > (a) a message or signal was transmitted, given or made by an authorised officer or a delegate of the Minister in the course of his or her duties, and\n> > \n> > > (b) the vessel to which the message or signal was transmitted, given or made was so located as to be able to receive the message or signal,\n> > \n> > is evidence that the message or signal was received by the master of the vessel concerned.\n> \n> **s 133:** Am 2000 No 53, Sch 2.11; 2006 No 58, Sch 2.33 \\[2\\]; 2008 No 59, Sch 1 \\[63\\]–\\[65\\]; 2011 No 41, Sch 5.22 \\[6\\]; 2014 No 38, Sch 1.1 \\[10\\] \\[11\\]; 2016 No 28, Sch 1 \\[59\\]–\\[61\\]; 2020 No 30, Sch 4.42\\[1\\]; 2025 No 12, Sch 1\\[19\\].","sortOrder":257},{"sectionNumber":"134","sectionType":"section","heading":"Service of instruments (except in proceedings for offences)","content":"#### 134 Service of instruments (except in proceedings for offences)\n\n134 Service of instruments (except in proceedings for offences)\n\n> > (1) Any notice or other instrument issued, made or given for the purposes of the marine legislation may be served—\n> > \n> > > (a) by delivering it personally to the person to whom it is addressed, or\n> > \n> > > (b) by delivering it to the place of residence or business of the person to whom it is addressed and by leaving it there with some person for him or her, or\n> > \n> > > (c) by posting it to the person addressed to the place last shown in the records of the Minister or Transport for NSW as his or her place of residence or business, or\n> > \n> > > (c1) by electronic communication to the person in a way specified by the person for the service of notices or instruments of the kind, or\n> > > \n> > > Example—\n> > > \n> > > a mobile app\n> > \n> > > (d) in any manner in which any court attendance notice or other process in any proceedings for an offence under the marine legislation may be served, or\n> > \n> > > (e) if it is to be served on a person on board a vessel—by transmitting its contents to the master of the vessel in any manner or by any other manner authorised by this section, or\n> > \n> > > (f) by another method prescribed by the regulations for the service of notices or instruments of the kind.\n> \n> > (1A) A notice or direction may also be given under this Act in relation to an obstruction to navigation or an unsafe vessel by displaying the notice, or a notice containing the direction, on a conspicuous part of the obstruction or vessel for 7 days.\n> \n> > (1B) A person must not, without reasonable excuse, remove a notice displayed in accordance with subsection (1A).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) For the purposes of this section, a person’s place of residence or business includes a vessel on which the person resides or works.\n> \n> > (3) This section does not apply to the service of any court attendance notice or other process in any proceedings for an offence under the marine legislation or to the service of any notice or other instrument for which provision is specifically made in the marine legislation.\n> \n> **s 134:** Am 2008 No 59, Sch 1 \\[66\\]; 2014 No 38, Sch 1.1 \\[12\\]; 2020 No 30, Sch 4.42\\[1\\]; 2025 No 12, Sch 1\\[68\\]–\\[70\\].","sortOrder":258},{"sectionNumber":"135","sectionType":"section","heading":"Service of court attendance notice and other process in legal proceedings","content":"#### 135 Service of court attendance notice and other process in legal proceedings\n\n135 Service of court attendance notice and other process in legal proceedings\n\n> > (1) Any court attendance notice or other process to be served on the relevant owner or master of a vessel in any proceedings for an offence under the marine legislation may be sufficiently served by serving it on the agent of the vessel in any manner in which it might otherwise have been served on the relevant owner or master.\n> \n> > (2) A court attendance notice or other process so served on the agent of the vessel is taken to have been served on the relevant owner or master of the vessel.\n> \n> > (3) In this section, agent of a vessel includes—\n> > \n> > > (a) the agent for the berthing or working of the vessel while it is in port, or\n> > \n> > > (b) if the vessel has left port—that agent or, if there was another agent for the vessel when it left port, that other agent.\n> \n> **s 135:** Am 2008 No 59, Sch 1 \\[67\\]; 2025 No 12, Sch 1\\[19\\].","sortOrder":259},{"sectionNumber":"135A","sectionType":"section","heading":"Suspension or cancellation of licences by court in connection with offence","content":"#### 135A Suspension or cancellation of licences by court in connection with offence\n\n135A Suspension or cancellation of licences by court in connection with offence\n\n> > (1) A court may recommend to the National Regulator or a delegate of the National Regulator that the National Regulator take any of the following actions in relation to a person convicted of an offence against this Act—\n> > \n> > > (a) suspend for a specified period or cancel a National licence that the person holds,\n> > \n> > > (b) disqualify the person from holding or obtaining a National licence for a specified period.\n> \n> > (2) A recommendation may be made under this section only if similar action could be taken under this Act to cancel or suspend a marine safety licence of a person convicted of the same offence or disqualify such a person from holding a marine safety licence.\n> \n> > (3) A court may make a recommendation under this section in addition to imposing any penalty for the offence concerned.\n> \n> > (4) The court is to cause particulars of any recommended suspension, cancellation or disqualification under this section to be forwarded to Transport for NSW.\n> \n> **s 135A:** Ins 2012 No 90, Sch 1 \\[24\\]. Am 2016 No 28, Sch 1 \\[62\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":260},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"# Part 10 Miscellaneous\n\nPart 10 Miscellaneous","sortOrder":261},{"sectionNumber":"135B","sectionType":"section","heading":"Implied power to vary or withdraw notices and directions","content":"#### 135B Implied power to vary or withdraw notices and directions\n\n135B Implied power to vary or withdraw notices and directions\n\n> In this Act, a power to give a notice or direction includes a power to vary or withdraw the notice or direction.\n> \n> **s 135B:** Ins 2025 No 12, Sch 1\\[71\\].","sortOrder":262},{"sectionNumber":"136","sectionType":"section","heading":"Act binds Crown","content":"#### 136 Act binds Crown\n\n136 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":263},{"sectionNumber":"136A","sectionType":"section","heading":"Reliance on advice","content":"#### 136A Reliance on advice\n\n136A Reliance on advice\n\n> > (1) In exercising any function under this Act or the regulations, the Minister or TfNSW is entitled to rely (wholly or partly) on a certificate, report or other form of advice obtained from an appropriately qualified person engaged for that purpose.\n> \n> > (2) The Minister, the State, TfNSW and any person acting on behalf of the Minister, the State or TfNSW do not incur any liability as a consequence of the Minister or TfNSW being satisfied of a matter by relying on advice referred to in this section.\n> \n> **s 136A:** Ins 2008 No 59, Sch 1 \\[68\\]. Subst 2011 No 41, Sch 5.22 \\[7\\]. Am 2020 No 30, Sch 4.42\\[9\\] \\[10\\].","sortOrder":264},{"sectionNumber":"137","sectionType":"section","heading":"Regulations","content":"#### 137 Regulations\n\n137 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (1A) The regulations may make provision for or with respect to fees and charges for services provided under this Act, including prescribing the basis on which any such fee or charge is to be determined and the waiver of any such fees or charges.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units.\n> \n> > (3) The Minister is not to recommend the making of a regulation containing provisions that provide for an application to be made to the Civil and Administrative Tribunal for the administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of a decision unless the Minister certifies that the Minister administering the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002) has agreed to the provisions.\n> \n> **s 137:** Am 2008 No 59, Sch 1 \\[69\\] \\[70\\]; 2013 No 95, Sch 2.94 \\[7\\].","sortOrder":265},{"sectionNumber":"138","sectionType":"section","heading":"Adoption of codes, standards, treaties and other documents","content":"#### 138 Adoption of codes, standards, treaties and other documents\n\n138 Adoption of codes, standards, treaties and other documents\n\n> > (1) The regulations may incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by whatever means by an authority or body (whether or not it is a New South Wales authority or body).\n> \n> > (2) Without limiting subsection (1), a regulation may adopt, wholly or in part and with or without modification any of the following documents as in force at a particular time or as in force from time to time—\n> > \n> > > (a) the National Standard for Commercial Vessels within the meaning of the National law,\n> > \n> > > (b) the Uniform Shipping Laws Code within the meaning of the National law or any other code,\n> > \n> > > (c) any Australian Standard or any standard of another country,\n> > \n> > > (d) any treaty, convention or international agreement.\n> \n> > (3) The regulations may prescribe a person or body who is to be taken to be the statutory marine authority for New South Wales for the purposes of all or specified provisions of the National Standard for Commercial Vessels referred to in subsection (2) (a).\n> \n> **s 138:** Am 2008 No 59, Sch 1 \\[71\\] \\[72\\]; 2012 No 90, Sch 1 \\[25\\].","sortOrder":266},{"sectionNumber":"139","sectionType":"section","heading":"Exemptions","content":"#### 139 Exemptions\n\n139 Exemptions\n\n> > (1) The regulations may exempt, or provide for the exemption of, any person or vessel from any requirement of the regulations.\n> \n> > (2) If this Act confers a power to make regulations to exempt any person or vessel from a requirement of this Act or the regulations, the power extends to making a regulation authorising the Minister, Transport for NSW or other person to grant the exemption.\n> \n> > (3) An exemption granted by the regulations, by a licence or approval as referred to in section 18 or by an order of the Minister, Transport for NSW or other person may be made subject to any condition specified in the regulation, licence, approval or order.\n> \n> > (4) The exemption does not apply during any period that any such relevant condition is not complied with.\n> \n> Note.\n> \n> Sections 11, 18, 50 and 75 make provision for the granting of exemptions. Schedule 4 contains provisions for the preservation of exemptions granted under the Acts repealed by this Act.\n> \n> **s 139:** Am 2008 No 59, Sch 1 \\[73\\] \\[74\\]; 2012 No 90, Sch 1 \\[26\\]; 2014 No 38, Sch 1.1 \\[13\\]; 2020 No 30, Sch 4.42\\[1\\].","sortOrder":267},{"sectionNumber":"140","sectionType":"section","heading":"Power to waive, reduce, postpone or refund fees","content":"#### 140 Power to waive, reduce, postpone or refund fees\n\n140 Power to waive, reduce, postpone or refund fees\n\n> > (1) The Minister may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under this Act or the regulations.\n> \n> > (2) This section is subject to section 9O.\n> \n> **s 140:** Rep 2012 No 90, Sch 1 \\[27\\]. Ins 2025 No 12, Sch 1\\[72\\].","sortOrder":268},{"sectionNumber":"141","sectionType":"section","heading":"Repeals","content":"#### 141 Repeals\n\n141 Repeals\n\n> > (1) Schedule 2 has effect.\n> \n> > (2) Different days may be appointed for the commencement of subsection (1) in its application to Schedule 2 for the purpose of repealing different Acts or regulations, or different provisions of the same Act or regulation, on different days.\n> \n> **s 141:** Am 2005 No 4, Sch 1 \\[6\\].","sortOrder":269},{"sectionNumber":"142","sectionType":"section","heading":null,"content":"#### 142\n\n142 (Repealed)","sortOrder":270},{"sectionNumber":"143","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 143 Savings, transitional and other provisions\n\n143 Savings, transitional and other provisions\n\n> Schedule 4 has effect.","sortOrder":272},{"sectionNumber":"144","sectionType":"section","heading":"Review of Act","content":"#### 144 Review of Act\n\n144 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the [Marine Safety Amendment Act 2008](/view/html/repealed/current/act-2008-059).\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.\n> \n> **s 144:** Am 2008 No 59, Sch 1 \\[75\\].","sortOrder":273},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Testing for alcohol and drug use","content":"# Schedule 1 Testing for alcohol and drug use\n\nSchedule 1 Testing for alcohol and drug use\n\n(Section 28C)\n\n**sch 1:** Am 1999 No 19, Sch 2.21 \\[2\\]; 2000 No 53, Sch 3.13; 2000 No 78, Sch 4 \\[1\\]–\\[22\\]; 2005 No 4, Sch 1 \\[7\\]–\\[15\\]; 2005 No 98, Sch 1.14 \\[1\\]; 2007 No 99, Sch 2.5 \\[6\\]–\\[10\\]. Subst 2008 No 59, Sch 1 \\[76\\]. Am 2009 No 106, Sch 1.12 \\[1\\]–\\[5\\]; 2010 No 97, Sch 2.17; 2011 No 4, Sch 2.19; 2013 No 19, Sch 4.42 \\[2\\]–\\[7\\]; 2014 No 49, Sch 2 \\[1\\]–\\[36\\]; 2015 No 58, Sch 2.20. Subst 2016 No 28, Sch 1 \\[63\\]. Am 2018 No 15, Sch 2.1 \\[3\\]; 2025 No 12, Sch 1\\[74\\] \\[75\\].","sortOrder":274},{"sectionNumber":"28","sectionType":"section","heading":"Conduct of analysis","content":"#### 28 Conduct of analysis\n\n28 Conduct of analysis\n\n> > (1) Subject to subclause (2), an analyst at the laboratory to which a sample is submitted under this Part may carry out an analysis of the sample, or of a portion of the sample, to determine—\n> > \n> > > (a) in the case of a blood sample submitted for alcohol analysis—the concentration of alcohol in the blood, or\n> > \n> > > (b) in the case of a blood sample submitted for drug analysis—whether the blood contains a prescribed illicit drug or other drug (as the case requires), or\n> > \n> > > (c) in the case of an oral fluid sample submitted for an oral fluid analysis—whether the oral fluid contains a prescribed illicit drug, or\n> > \n> > > (d) in the case of a urine sample—whether the urine contains a drug.\n> \n> > (2) In the case of a blood or urine sample taken for the purposes of clause 13 that has been submitted for analysis, the analyst may carry out an analysis of the sample only if a police officer has notified the laboratory in writing that a person involved in the accident that led to the sample of blood or urine being submitted for analysis—\n> > \n> > > (a) has died within 30 days of the accident, or\n> > \n> > > (b) has died during the period beginning 30 days after the accident and ending 12 months after the accident and a medical practitioner has given advice that the person died as a result of the accident.\n> \n> > (3) A blood or urine sample of the kind referred to in subclause (2) must be destroyed by or at the direction of the analyst who has custody of the sample without being analysed if, at the expiry of 13 months after the accident concerned, no police officer has made a notification relating to a death under subclause (2).\n> \n> > (4) An analysis referred to in subclause (1) may be carried out, and any act, matter or thing in connection with the analysis (including the receipt of the sample to be analysed and the breaking of any seal securing the sample) may be done, by a person acting at the direction or under the supervision of an analyst, and in that event is taken to have been carried out or done by the analyst.","sortOrder":315},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Camera recorded offences","content":"# Schedule 1A Camera recorded offences\n\nSchedule 1A Camera recorded offences\n\n**sch 1A:** Ins 2016 No 28, Sch 1 \\[64\\]. Am 2020 No 30, Sch 4.42\\[1\\] \\[3\\]; 2023 No 7, Sch 3.18; 2025 No 12, Sch 1\\[19\\] \\[76\\]–\\[81\\].","sortOrder":336},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedules 2, 3 (Repealed)\n\n**sch 2:** Am 2011 No 27, Sch 2.29 \\[1\\] \\[2\\]; 2013 No 111, Sch 4, cl 2; 2014 No 88, Sch 3. Rep 2017 No 22, Sch 5, cl 2.\n\n**sch 3:** Am 2002 No 112, Sch 1.15 \\[3\\] \\[4\\]; 2005 No 4, Sch 1 \\[16\\]; 2005 No 98, Sch 1.14 \\[2\\]; 2006 No 84, Sch 2.8 \\[6\\] \\[7\\]; 2008 No 114, Sch 4; 2010 No 119, Sch 4; 2011 No 62, Sch 5; 2013 No 95, Sch 2.94 \\[8\\]; 2014 No 88, Sch 3; 2015 No 48, sec 4; 2016 No 28, Sch 1 \\[65\\]. Rep 2016 No 60, Sch 3, cl 2.","sortOrder":361},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 143)\n\n**sch 4:** Am 2000 No 78, Sch 4 \\[23\\]; 2003 No 65, Sch 2 \\[8\\]; 2005 No 4, Sch 1 \\[17\\] \\[18\\]; 2005 No 55, Sch 4.2 \\[7\\]; 2006 No 84, Sch 2.8 \\[8\\]; 2008 No 59, Sch 1 \\[77\\]–\\[79\\]; 2012 No 90, Sch 1 \\[28\\] \\[29\\]; 2014 No 38, Sch 1.1 \\[14\\]; 2014 No 49, Sch 2 \\[37\\]; 2016 No 28, Sch 1 \\[66\\]; 2019 No 1, Sch 1.11 \\[2\\]; 2024 No 67, Sch 5.3; 2025 No 12, Sch 1\\[82\\].","sortOrder":362},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 5 Dictionary\n\nSchedule 5 Dictionary\n\nsection 4\n\naccident, for Schedule 1—see Schedule 1, clause 1.\n\naccident hospital patient, for Schedule 1, Part 2, Division 4—see Schedule 1, clause 11(1).\n\nacquire, for Part 5, Division 3—see section 53.\n\nanalyst, for Schedule 1—see Schedule 1, clause 1.\n\napplied provisions, for Part 1A—see section 9B(1).\n\nappropriate inspection officer, for Schedule 1A, Part 3—see Schedule 1A, clause 4(1).\n\napproved enforcement device, for Schedule 1A—see Schedule 1A, clause 1(1).\n\napproved for excess speed imaging, for Schedule 1A, Part 3—see Schedule 1A, clause 4(2)(a).\n\napproved for speed measurement, for Schedule 1A, Part 3—see Schedule 1A, clause 4(2)(b).\n\naquatic activity means the following, whether or not involving vessels or equipment—\n\n> (a) a race, competition or exhibition that is conducted in navigable waters,\n\n> (b) an activity in or over navigable waters that requires the closure of the waters,\n\n> (c) another activity that—\n> \n> > (i) is conducted in or over navigable waters, and\n> \n> > (ii) is reasonably likely to substantially affect navigation in the waters.\n\naquatic licence means a marine safety licence to conduct an aquatic activity that is required under section 18.\n\nauthorised officer means—\n\n> (a) a harbour master, or\n\n> (b) a police officer, or\n\n> (c) a person, or a person of a class, appointed as an authorised officer under section 96.\n\nauthorised sample taker, for Schedule 1—see Schedule 1, clause 1.\n\nbar crossing licence means a marine safety licence to operate a vessel across a coastal bar that is required under the regulations.\n\nboat driving licence means a marine safety licence to operate a power-driven recreational vessel that is required under Part 5, Division 5.\n\nbreath analysing instrument has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Schedule 3.\n\nbreath analysis, for Schedule 1—see Schedule 1, clause 1.\n\nbreath test has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Schedule 3.\n\ncamera device, for Schedule 1A—see Schedule 1A, clause 1(1).\n\ncamera recorded offence, for Schedule 1A, Part 4—see Schedule 1A, clause 10.\n\ncertificate of local knowledge means a marine safety licence, held by a master of a vessel, that exempts the vessel from compulsory pilotage under Part 6.\n\nChief Investigator, for Part 8—see section 94(1).\n\ncommercial purpose means a purpose for which a vessel is used that results in the vessel being a commercial vessel.\n\ncommercial vessel means a vessel, other than a former vessel, that is—\n\n> (a) a domestic commercial vessel, or\n\n> (b) a regulated Australian vessel, or\n\n> (c) a foreign vessel.\n\nCommonwealth administrative laws, for Part 1A—see section 9B(1).\n\nCommonwealth domestic commercial vessel national law, for Part 1A—see section 9B(1).\n\ncourt attendance notice, for Schedule 1A, Part 4—see Schedule 1A, clause 10.\n\ncrew, of a vessel, means the persons, including the master of the vessel, whose duty it is to navigate or work the vessel or to carry out other operations on the vessel.\n\ndefence vessel has the same meaning as in the National law.\n\ndetectable offence, for Schedule 1A—see Schedule 1A, clause 1(1).\n\ndigital camera device, for Schedule 1A, Part 3—see Schedule 1A, clause 4(1).\n\ndisused sea cable, for Part 2, Division 4—see section 19Y.\n\ndomestic commercial vessel has the same meaning as in the National law.\n\ndrug has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n\nenvironment protection notice has the same meaning as in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n\nexercise, a function, includes perform a duty.\n\nferry, for Part 8—see section 94(1).\n\nfirst offence, for Part 3—see section 20(4).\n\nforeign vessel has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n\nformer vessel has the same meaning as in Part 5, Division 1A.\n\nfunction includes a power, authority or duty.\n\nharbour master—\n\n> (a) means a person appointed as harbour master under Part 7, and\n\n> (b) in relation to a function of a harbour master under the marine legislation—includes a person appointed under Part 7 to exercise the function.\n\nhire and drive vessel has the same meaning as in the National law.\n\nholder, for Part 8—see section 94(2).\n\nhospital—\n\n> (a) for Schedule 1, Part 2, Division 4—see Schedule 1, clause 11(2), or\n\n> (b) otherwise for Schedule 1—see Schedule 1, clause 1.\n\nhull identification number, in relation to a vessel, means a unique number affixed to the vessel in accordance with the regulations.\n\nincompetence, for Part 8—see section 94(1).\n\njuvenile, for Part 3—see section 20(1).\n\nlength means length overall.\n\nmajor offence, for Part 3—see section 20(1).\n\nmarine accident, for Part 8—see section 94(1).\n\nmarine environment protection notice has the same meaning as in the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005), Part 16.\n\nmarine legislation means the following Acts, and the regulations and other instruments made under the Acts—\n\n> (a) this Act,\n\n> (b) the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005),\n\n> (c) the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n\nmarine pilot, of a vessel, means the person who has the conduct of the vessel but who does not belong to the vessel.\n\nmarine pilotage exemption certificate means a marine safety licence exempting a vessel from compulsory pilotage under Part 6.\n\nmarine pilot’s licence means a marine safety licence to act as pilot of a vessel in a port that is required under Part 6.\n\nmarine safety licence—see section 29.\n\nmaster, of a vessel, means the person having the command or charge of the vessel, but does not include a marine pilot.\n\nmisconduct, for Part 8—see section 94(1).\n\nNational law means—\n\n> (a) the Commonwealth domestic commercial vessel national law within the meaning of section 9B, and\n\n> (b) the applied provisions within the meaning of section 9B.\n\nNational licence means a certificate or unique identifier issued under the National law.\n\nnavigable waters means all waters, whether or not in the State, that—\n\n> (a) are from time to time capable of navigation, and\n\n> (b) are open to or used by the public for navigation, whether on payment of a fee or otherwise.\n\nnavigation aid—\n\n> (a) means a device used for the safety of navigation, such as a beacon, buoy or marine mark, but\n\n> (b) does not include a device on board a vessel.\n\nobstruction to navigation has the same meaning as in section 16(1).\n\nobstruction to navigation notice—see section 16(2).\n\noffshore anchorage, for Part 2, Division 3—see section 19V.\n\noperate, a vessel—\n\n> (a) for Part 3—see section 20(1), or\n\n> (b) otherwise—includes—\n> \n> > (i) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel, whether or not the vessel is underway, and\n> \n> > (ii) to pilot the vessel, and\n> \n> > (iii) in relation to the relevant owner of the vessel—to cause or allow the vessel to be operated by someone else.\n\noral fluid analysis, for Schedule 1—see Schedule 1, clause 1.\n\noral fluid test, for Schedule 1—see Schedule 1, clause 1.\n\noverseas voyage has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n\nperson responsible—see section 7A.\n\nphotograph, for Schedule 1A—see Schedule 1A, clause 1(1).\n\nphotograph taken, for Schedule 1A—see Schedule 1A, clause 1(1).\n\npilotage has the same meaning as in Part 6.\n\npilotage port has the same meaning as in Part 6.\n\npilotage service provider, for Part 6—see section 71(1).\n\nport—\n\n> (a) for Part 7—see section 84, or\n\n> (b) otherwise—includes any, or any part, of the following waters—\n> \n> > (i) a harbour or haven, whether natural or artificial,\n> \n> > (ii) an estuary, channel, river, creek or roadstead,\n> \n> > (iii) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers.\n\nPort Authority of New South Wales has the same meaning as in the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013).\n\nprescribed illicit drug has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n\nprescribed laboratory, for Schedule 1, Part 4—see Schedule 1, clause 24.\n\nprescribed place, for Schedule 1—see Schedule 1, clause 1.\n\nprosecutor, for Schedule 1A, Part 4—see Schedule 1A, clause 10.\n\npublic passenger service, for Part 8—see section 94(1).\n\nrecreational vessel means a vessel other than a commercial vessel.\n\nrecreational vessel production notice—see section 19A(2)(b).\n\nregistrable vessel—see section 49.\n\nregulated Australian vessel has the same meaning as in the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth.\n\nrelevant nomination document, for Schedule 1A, Part 4—see Schedule 1A, clause 10.\n\nrelevant owner—see section 7.\n\nrelevant port, for Part 2, Division 4—see section 19Y.\n\nresponsible person, for Schedule 1A, Part 4—see Schedule 1A, clause 10.\n\nresponsible regulator, in relation to a marine safety licence, means—\n\n> (a) for the following licences—Transport for NSW—\n> \n> > (i) a vessel registration certificate,\n> \n> > (ii) an aquatic licence,\n> \n> > (iii) a bar crossing licence,\n> \n> > (iv) a boat driving licence, or\n\n> (b) for the following licences—the Port Authority of New South Wales—\n> \n> > (i) a certificate of local knowledge,\n> \n> > (ii) a marine pilotage exemption certificate,\n> \n> > (iii) a marine pilot’s licence,\n> \n> > (iv) a special recreational vessel permit, or\n\n> (c) otherwise—the Minister.\n\nsea cable, for Part 2, Division 4—see section 19Y.\n\nseaworthy means capable of undertaking a voyage.\n\nsecond or subsequent offence, for Part 3—see section 20(3).\n\nsecurity box, for Schedule 1, Part 4—see Schedule 1, clause 24.\n\nspecial recreational vessel has the same meaning as in the [Special Recreational Vessels Act 2019](http://www.legislation.gov.au/) of the Commonwealth.\n\nspecial recreational vessel permit means a marine safety licence, held by a master of a special recreational vessel, that exempts the vessel from compulsory pilotage under Part 6.\n\nspeeding offence, for Schedule 1A—see Schedule 1A, clause 1(1).\n\nState waters means any navigable waters within the limits of the State or the coastal waters of the State, within the meaning of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), Part 10.\n\nNote—\n\nThe [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), Part 10 defines coastal waters of the State generally as the part of the territorial sea of Australia that is within 3 nautical miles of the coast. The [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005) defines State waters differently for that Act. The definition in the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005) extends to waters within the limits of the State.\n\nstatutory notice means the following—\n\n> (a) an obstruction to navigation notice,\n\n> (b) a recreational vessel production notice,\n\n> (c) an unsafe vessel notice,\n\n> (d) a marine environment protection notice,\n\n> (e) an environment protection notice.\n\nsubsidiary, for Part 6—see section 71(1).\n\ntemporary vessel order—see section 5(3).\n\nTransport for NSW or TfNSW means Transport for NSW constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n\nTribunal, for Part 4, Division 4—see section 41.\n\nunsafe vessel has the same meaning as in Part 5, Division 1A.\n\nunsafe vessel notice—see section 47(1).\n\nvessel—\n\n> (a) for Part 2, Division 2—see section 19U, or\n\n> (b) for Part 5, Division 1A—see section 43A, or\n\n> (c) otherwise—see section 5.\n\nvessel registration certificate means a marine safety licence for a vessel that is required under Part 5, Division 2.\n\n**sch 5:** Ins 2025 No 12, Sch 1\\[83\\].","sortOrder":418}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 1998 as a marine safety framework. Over its 25+ year life and more than 50 amendments, its scope has clearly expanded and evolved — most visibly in the pending (but not yet commenced) amendments from the Passenger Transport Act 2014, and the related drug and alcohol testing bills currently before parliament. This suggests the legislature has progressively broadened the Act's reach, particularly around intoxication and transport safety crossovers, moving beyond a narrow 'vessels and waterways' focus toward broader public safety and transport regulation themes."},"complexity_factors":["Extremely long legislative history with over 50 distinct versions since 2000, meaning the current state of the law requires careful tracking of cumulative amendments","Interaction with multiple other pieces of legislation (Passenger Transport Act 2014, Road Transport legislation, Interpretation Act 1987)","Pending amendments not yet commenced, creating uncertainty about the complete current legal position","Broad subject matter covering licensing, vessel standards, conduct on water, enforcement powers, and penalties across both recreational and commercial contexts","Reliance on subordinate legislation (regulations) which sit outside the Act itself but are essential to understanding actual obligations","Overlap between state and federal maritime law creates jurisdictional complexity (e.g. Commonwealth law applies to certain commercial vessels)","Only metadata and status information was provided — the actual substantive provisions of the Act were not included in the material, limiting full analysis"],"plain_english_summary":"## Marine Safety Act 1998 (NSW)\n\n**What is this law?**\n\nThis is a New South Wales law designed to regulate safety on the water — covering things like boat operation, vessel standards, licensing requirements, and safe conduct on NSW waterways. It applies to anyone who uses, owns, or operates a vessel (boat, jet ski, ferry, etc.) on NSW waters.\n\n**Who does it affect?**\n\n- Recreational boaters and jet ski riders\n- Commercial vessel operators (ferries, tour boats, charter vessels)\n- Boat owners and hirers\n- Marine industry businesses\n- Anyone working on or around NSW waterways\n\n**Why does it matter to you?**\n\nIf you take a boat out on NSW waters — even just recreationally — this law governs how you must behave, what licences or registrations you need, what safety equipment you must carry, and what happens if something goes wrong. Breaching its rules can result in fines, loss of licence, or even criminal charges.\n\n**Key things to know:**\n- The law has been amended **many times** since 1998 (over 50 versions exist), meaning the rules have evolved significantly over nearly three decades\n- It sits under the responsibility of the **NSW Minister for Transport**\n- Some amendments from the *Passenger Transport Act 2014* have not yet taken effect\n- Related bills dealing with **drug and alcohol testing** after crashes are currently before parliament, suggesting the law may change further soon\n- The current version has been in force since **28 March 2026**\n\n**Bottom line:** If you use a boat in NSW, this law is directly relevant to you. Check the current version for specific rules about licences, speed limits, alcohol on water, and safety equipment requirements."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded far beyond its original focus on safe vessel operation in ports. It now covers comprehensive alcohol and drug testing regimes, seizure and forfeiture of recreational vessels for dangerous operation, camera-recorded offences (similar to speed cameras on roads), regulation of seabed disturbance in ports (sea cables), offshore anchorages, and extensive licensing and disqualification powers. The 2025 amendments added new divisions on offshore anchorages, beds of ports, and a public register of statutory notices, significantly broadening the original scope."},"complexity_factors":["Very long Act with over 140 sections and multiple schedules","Extensive cross-referencing between provisions and to other Acts (e.g., Interpretation Act, Road Transport Act, Crimes Act, Marine Pollution Act)","Incorporates Commonwealth domestic commercial vessel national law by reference","Detailed definitions in Schedule 5 with many terms defined in separate sections","Heavily amended over 25 years with many amendments noted in the text","Complex procedural rules for alcohol and drug testing in Schedule 1 (similar to road transport laws)","Multiple layers of delegation of powers (Minister, Transport for NSW, Port Authority, authorised officers)","Numerous exceptions, defences, and alternative verdicts in penalty provisions","Regulations can further modify the Act, including changing definitions and creating offences"],"plain_english_summary":"This Act sets out the rules for boating safety in New South Wales waters. It covers who can operate a vessel, what safety equipment must be carried, and how vessels must be registered. The Act gives authorities the power to enforce these rules, including random breath and drug testing for boat operators. It also requires larger vessels to use a licensed marine pilot when entering certain ports (like Sydney Harbour and Newcastle), and gives harbour masters the power to direct vessel movements for safety. If a vessel is unsafe or abandoned, officials can have it removed and recover the costs. The Act also adopts Commonwealth rules for commercial vessels to create a national approach."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1998 Act consolidated earlier marine safety laws and focused on safe vessel operation, accident investigation and basic licensing. It has grown far beyond that purpose. The 2012 insertion of Part 1A adopted the full Commonwealth domestic commercial vessel national law, fundamentally altering the regulatory architecture for commercial vessels. 2016 and 2025 amendments added comprehensive seizure, impoundment and forfeiture regimes for recreational vessels (Division 2 of Part 2), offshore anchorage declarations and directions (Division 3), regulation of port bed disturbances and disused sea cables (Division 4), expanded alcohol and drug testing procedures, and new public registers and exemption frameworks. These changes have transformed the Act from a consolidation statute into a hybrid State-national enforcement, environmental protection and infrastructure management regime."},"complexity_factors":["Over 140 sections plus schedules with frequent cross-references to the National Law, Interpretation Act 1987, Ports and Maritime Administration Act 1995, Heritage Act 1977 and multiple Commonwealth Acts","Layered definitions (ss 4-9, 20, 43A, 71) including temporary ministerial orders and 'person responsible' concepts added in 2025","Multiple conditional penalties that vary by vessel type (recreational vs commercial vs regulated Australian vessel), offence severity and prior convictions","Part 1A applies the entire Commonwealth domestic commercial vessel national law as State law with detailed administrative, offence, fee and no-double-jeopardy provisions","Recent 2025 amendments (No 12) added entirely new divisions on offshore anchorages, port bed disturbances, sea cable removal, exempt aquatic activities and public registers","Nested exceptions, alternative verdicts, defences and interaction rules (e.g. National law prevails over this Act, Act subject to Heritage Act)"],"plain_english_summary":"**The Marine Safety Act 1998** is New South Wales' core law for keeping boats and ships safe on the water. It sets clear rules so vessels (anything from small recreational boats to large commercial ships) operate safely in ports, harbours and other waterways. It encourages responsible boating to protect other water users, swimmers, nearby residents and the environment. The Act creates a strong system for enforcing rules, investigating accidents and deciding what to do afterwards. It also brings many older marine safety rules together into one modern framework.\n\nIt affects everyone who owns, operates, crews or travels on vessels in NSW waters, including recreational boaters, commercial operators, harbour pilots and port authorities. Special rules apply to commercial vessels through a national law adopted by NSW. It matters because it reduces accidents, protects lives and property, safeguards the marine environment and makes sure everyone can share the water fairly and safely. Key ideas include registration, licensing, speed limits, alcohol and drug rules, pilotage in major ports, and powers for harbour masters and authorised officers to stop unsafe behaviour."}},"importantCases":[],"_links":{"self":"/api/acts/marine-safety-act-1998","history":"/api/acts/marine-safety-act-1998/history","analysis":"/api/acts/marine-safety-act-1998/analysis","conflicts":"/api/acts/marine-safety-act-1998/conflicts","importantCases":"/api/acts/marine-safety-act-1998/important-cases","documents":"/api/acts/marine-safety-act-1998/documents"}}