{"id":"nsw:act-2001-078","name":"Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001","slug":"marine-safety-legislation-lakes-hume-and-mulwala-act-2001","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"78 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105146,"registerId":"nsw-act-2001-078-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 and purpose of Act","content":"#### 1 Name and purpose of Act\n\n1 Name and purpose of Act\n\n> > (1) This Act is the [Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001](/view/html/inforce/current/act-2001-078).\n> \n> > (2) The purpose of this Act is to rationalise the application of the marine safety legislation of New South Wales and Victoria in Lake Hume and Lake Mulwala on the Murray River border, which has been submerged by the creation of those Lakes. Under the combined operation of this Act and the corresponding Victorian Act, the marine safety legislation is to have effect as if the border—\n> > \n> > > (a) included within Victoria all the waters of Lake Hume downstream of the Bethanga Bridge, and\n> > \n> > > (b) included within New South Wales all the waters of Lake Hume upstream of that bridge, and all the waters of Lake Mulwala (including the waters of the Ovens River north of the Murray Valley Highway Bridge).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> associated laws has the meaning given by section 4.\n> \n> Bethanga Bridge means the bridge by that name over the Murray River as at the commencement of this Act, but if that bridge is replaced after that commencement, means the replacement bridge.\n> \n> corresponding Victorian Act means the Marine Safety Legislation (Lakes Hume and Mulwala) Act 2001 of Victoria.\n> \n> exercise includes perform.\n> \n> function includes a power, duty or authority.\n> \n> Lake Hume means the lake by that name on the Murray River, comprising the waters from the Hume Weir upstream to the imaginary line across the Murray River at longitude 147 degrees and 30 minutes east.\n> \n> Lake Mulwala means the lake by that name on the Murray River, comprising—\n> \n> > (a) the waters from the Yarrawonga Weir upstream to the imaginary line across the Murray River at longitude 146 degrees and 15 minutes east, and\n> \n> > (b) the waters of the Ovens River north of the Murray Valley Highway Bridge.\n> \n> law includes unwritten law.\n> \n> marine safety legislation means the marine safety legislation of New South Wales and the marine safety legislation of Victoria.\n> \n> marine safety legislation of New South Wales means the provisions of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121) of New South Wales, and the regulations and other instruments made under that Act, as in force from time to time.\n> \n> marine safety legislation of Victoria means the provisions of the Marine Safety Act 2010 of Victoria, and the regulations and other instruments made under that Act, as in force from time to time.\n> \n> Murray Valley Highway Bridge means the bridge, on the Murray Valley Highway, over the Ovens River as at the commencement of this Act, but if that bridge is replaced after that commencement, means the replacement bridge.\n> \n> transferred New South Wales area means so much of the area covered for the time being by the waters of Lake Hume downstream of the Bethanga Bridge as is within the territorial limits of New South Wales.\n> \n> transferred Victorian area means—\n> \n> > (a) so much of the area covered for the time being by the waters of Lake Hume upstream of the Bethanga Bridge, and\n> \n> > (b) so much of the area covered for the time being by the waters of Lake Mulwala (including the waters of the Ovens River north of the Murray Valley Highway Bridge),\n> \n> as are within the territorial limits of Victoria.\n> \n> **s 3:** Am 2014 No 33, Sch 2.25 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Laws associated with marine safety legislation","content":"#### 4 Laws associated with marine safety legislation\n\n4 Laws associated with marine safety legislation\n\n> > (1) For the purposes of this Act, associated laws, in relation to the marine safety legislation of a State, are the provisions of any laws of that State concerning a matter arising under that legislation.\n> \n> > (2) Matters arising under marine safety legislation include, for example (but without limitation) the following—\n> > \n> > > (a) the investigation and prosecution of offences under that legislation (including the issue of infringement or penalty notices), and the arrest, bail, trial or hearing and conviction of offenders,\n> > \n> > > (b) the jurisdiction of courts and tribunals under that legislation,\n> > \n> > > (c) the procedure before courts and tribunals exercising jurisdiction under that legislation (including with respect to evidence, appeals and review),\n> > \n> > > (d) the payment and recovery of fines, penalties, fees and other money under that legislation,\n> > \n> > > (e) the jurisdiction of the Ombudsman with respect to the conduct of public officials under that legislation,\n> > \n> > > (f) the access to information held by public officials under that legislation,\n> > \n> > > (g) the interpretation of that legislation.\n> \n> **s 4:** Am 2014 No 33, Sch 2.25 \\[2\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Area transferred to Victorian jurisdiction","content":"# Part 2 Area transferred to Victorian jurisdiction\n\nPart 2 Area transferred to Victorian jurisdiction","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of marine safety legislation of Victoria and associated Victorian laws in transferred New South Wales area","content":"#### 5 Application of marine safety legislation of Victoria and associated Victorian laws in transferred New South Wales area\n\n5 Application of marine safety legislation of Victoria and associated Victorian laws in transferred New South Wales area\n\n> > (1) The marine safety legislation of Victoria, and the associated laws of Victoria, apply in and in relation to the transferred New South Wales area as if that area were within the territorial limits of Victoria.\n> \n> > (2) The marine safety legislation of New South Wales, and the associated laws of New South Wales, do not apply in or in relation to the transferred New South Wales area.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Conferral of functions and jurisdiction on Victoria","content":"#### 6 Conferral of functions and jurisdiction on Victoria\n\n6 Conferral of functions and jurisdiction on Victoria\n\n> > (1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the marine safety legislation of Victoria (or the associated laws of Victoria) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the transferred New South Wales area by virtue of this Part.\n> \n> > (2) The several courts of Victoria are invested with jurisdiction in all matters arising under the marine safety legislation of Victoria (or the associated laws of Victoria), as applying in and in relation to the transferred New South Wales area by virtue of this Part.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Provisions of marine safety legislation of Victoria with specific application not to apply","content":"#### 7 Provisions of marine safety legislation of Victoria with specific application not to apply\n\n7 Provisions of marine safety legislation of Victoria with specific application not to apply\n\n> > (1) Nothing in this Part renders a provision of the marine safety legislation of Victoria applicable in a particular place—\n> > \n> > > (a) in so far as the provision is incapable of applying in or in relation to that place, or\n> > \n> > > (b) if that legislation expressly provides that the provision does not extend or apply in or in relation to that place, or\n> > \n> > > (c) if that legislation expressly provides that the provision applies only in a specified locality that does not include that place.\n> \n> > (2) A provision of the marine safety legislation of Victoria is not taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters or things within the waters (however described) of Victoria.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Exclusion of applicable provisions by regulation","content":"#### 8 Exclusion of applicable provisions by regulation\n\n8 Exclusion of applicable provisions by regulation\n\n> The regulations under this Act—\n> \n> > (a) may exclude particular provisions of the marine safety legislation of Victoria or the associated laws of Victoria from applying in and in relation to the transferred New South Wales area by virtue of this Part, and\n> \n> > (b) may provide that particular provisions of the marine safety legislation of New South Wales or the associated laws of New South Wales are not excluded from applying in or in relation to the transferred New South Wales area by virtue of this Part.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Area transferred to New South Wales jurisdiction","content":"# Part 3 Area transferred to New South Wales jurisdiction\n\nPart 3 Area transferred to New South Wales jurisdiction","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application of marine safety legislation of New South Wales and associated New South Wales laws in transferred Victorian area","content":"#### 9 Application of marine safety legislation of New South Wales and associated New South Wales laws in transferred Victorian area\n\n9 Application of marine safety legislation of New South Wales and associated New South Wales laws in transferred Victorian area\n\n> This Part has effect for the purposes of the provisions of the corresponding Victorian Act that apply the marine safety legislation of New South Wales, and any associated laws of New South Wales, in and in relation to the transferred Victorian area as if that area were within the territorial limits of New South Wales.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Conferral of functions and jurisdiction on New South Wales","content":"#### 10 Conferral of functions and jurisdiction on New South Wales\n\n10 Conferral of functions and jurisdiction on New South Wales\n\n> > (1) All persons who have functions conferred or imposed on them for the purposes of or in connection with the marine safety legislation of New South Wales (or the associated laws of New South Wales) have and may exercise those functions for the purposes of or in connection with that legislation or those laws, as applying in and in relation to the transferred Victorian area by virtue of the corresponding Victorian Act.\n> \n> > (2) The several courts of New South Wales are invested with jurisdiction in all matters arising under the marine safety legislation of New South Wales (or the associated laws of New South Wales), as applying in and in relation to the transferred Victorian area by virtue of the corresponding Victorian Act.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of interstate officers","content":"#### 11 Appointment of interstate officers\n\n11 Appointment of interstate officers\n\n> > (1) A power under the marine safety legislation of New South Wales to appoint or authorise a person for the purposes of the enforcement of that legislation in New South Wales or in the transferred Victorian area extends to the appointment or authorisation of a person who is a member of the police force of Victoria or who is employed under Part 3 of the Public Administration Act 2004 of Victoria.\n> \n> > (2) A person who is police officer of New South Wales or a member of the staff of Transport for NSW (or of any other authority of New South Wales) may be appointed or authorised under the marine safety legislation of Victoria for the purposes of the enforcement of that legislation in Victoria or in the transferred New South Wales area.\n> \n> **s 11:** Am 2006 No 58, Sch 2.34; 2014 No 33, Sch 2.25 \\[3\\] \\[4\\]; 2020 No 30, Sch 4.43.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Act to bind Crown","content":"#### 12 Act to bind Crown\n\n12 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> 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.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 14 Savings and transitional provisions\n\n14 Savings and transitional provisions\n\n> > (1) Nothing in this Act limits any other law that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State.\n> \n> > (2) If the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121) of New South Wales has not commenced before the commencement of this Act, a reference in this Act to the marine safety legislation of New South Wales is, until that Act commences, taken to be a reference to the Acts and regulations to be repealed by Schedule 2 to that Act.\n> \n> > (3) The regulations may contain other provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":17}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the Act text, the scope is the targeted reallocation of which State’s marine safety regime applies to specified waters of Lake Hume and Lake Mulwala and associated procedural laws. The Act confines its effect to named geographic areas and associated laws (s 3; ss 5, 9) and preserves exceptions where provisions cannot or are not intended to apply (s 7). Regulation‑making and savings provisions enable limited tailoring and transitional measures (ss 8, 14), but do not expand the Act beyond its stated purpose."},"complexity_factors":["Cross‑jurisdictional transfers that treat parts of one State’s waters as if within the other State (ss 5, 9) — requires coordination between two separate statutory schemes.","Broad definition of 'associated laws' that pulls in many procedural and enforcement provisions beyond marine safety statutes (s 4).","Conferral of functions and judicial jurisdiction across State borders, including empowering courts and officials of one State to act in transferred areas (ss 6, 10) — creates inter‑state competence issues.","Regulation‑making power to exclude or retain particular provisions of either State’s marine safety laws in transferred areas (s 8) — introduces discretionary tailoring and complexity for compliance.","Geographic definitions tied to named bridges and precise longitudes (s 3) — dependence on fixed landmarks and future replacements creates interpretive risk.","Appointment and mutual authorisation of interstate officers for enforcement (s 11) — requires administrative arrangements and reciprocal recognition of powers.","Savings, transitional and commencement provisions that depend on the state of related Acts and future proclamations (ss 2, 14) — sequencing and transitional rules affect when and how changes bite.","Limitations where particular Victorian provisions cannot apply if incapable of applying or expressly excluded (s 7) — necessitates careful statutory compatibility analysis."],"plain_english_summary":"Mechanically, the Act reallocates which State’s marine‑safety laws apply to specified parts of Lake Hume and Lake Mulwala by treating those waters as if they lie within the other State; it confers enforcement powers and court jurisdiction accordingly and permits regulations to exclude or retain particular provisions. The Act’s stated purpose is to rationalise application where the river border was submerged; it affects boat users, enforcement agencies, courts and licensing/compliance arrangements because it changes which State’s rules, penalties and administrative processes govern particular waters."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of rationalising marine safety jurisdiction across two specific border lakes. No significant scope creep is evident; the amendments since 2001 merely update institutional references (e.g., Transport for NSW, Public Administration Act 2004) and do not expand the Act's substantive reach."},"complexity_factors":["Requires reading alongside an equivalent Victorian Act to understand full operation (mirror legislation)","14 defined terms including geographical coordinates and conditional bridge replacement clauses","Nested conditional logic in section 7 (three separate exclusion conditions for Victorian provisions)","Cross-references to two separate marine safety Acts (NSW 1998 and Victorian 2010) and their subordinate instruments","Territorial application provisions that override standard jurisdictional boundaries","Savings and transitional provisions that reference repealed legislation conditionally"],"plain_english_summary":"**What this law does:**\n\nThis Act fixes a practical problem where two man-made lakes on the Murray River border (Lake Hume and Lake Mulwala) submerged the natural state boundary. Because the border now runs underwater, it created confusion about which state's boating and water safety laws apply.\n\nThe Act works together with an identical Victorian law to **redraw the legal border** for marine safety purposes only:\n\n- **Lake Hume:** Victorian law applies downstream of the Bethanga Bridge; NSW law applies upstream\n- **Lake Mulwala:** NSW law applies to the entire lake (including the Ovens River section north of the Murray Valley Highway Bridge)\n\n**Who it affects:**\n\n- **Boaters, fishers, and water users** on these lakes — they now know which state's safety rules, licence requirements, and penalties apply depending where they are\n- **Police and maritime officers** from both states — they can enforce their respective laws in the designated zones, including cross-border appointments\n- **Courts** — Victorian courts handle incidents in their allocated zone; NSW courts handle theirs\n\n**Why it matters:**\n\nWithout this law, someone could be boating legally under one state's rules but suddenly be in breach of the other state's rules without realising they'd crossed an invisible underwater border. The Act prevents this by creating clear \"legal territories\" for safety enforcement, even though the physical geography doesn't match the political map."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original narrow purpose — applying NSW marine safety legislation to Lakes Hume and Mulwala as shared border lakes. The amendments over time appear to be updates rather than expansions of scope, though the substantive provisions of those amendments are not visible in this extract."},"complexity_factors":["Cross-border (interstate) jurisdictional issues involving NSW and Victoria add a layer of constitutional and intergovernmental complexity","The Act itself appears to be a short enabling/application instrument rather than a comprehensive standalone code, meaning its meaning depends heavily on understanding the broader NSW marine safety legislative framework it references","Limited substantive content is available in the extract provided — the actual operative provisions are not visible, making full assessment difficult","Multiple amended versions (2001, 2006, 2014, 2021) suggest incremental changes that readers may need to track"],"plain_english_summary":"This Act makes NSW marine safety law govern the entire waters of Lake Hume and Lake Mulwala, removing legal ambiguity from their status on the NSW–Victoria border. \n\nIt matters to anyone boating, fishing or operating watercraft on those lakes (and to enforcement officers): one consistent set of NSW safety rules applies across the whole water body."}},"importantCases":[],"_links":{"self":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001","history":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001/history","analysis":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001/analysis","conflicts":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001/conflicts","importantCases":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001/important-cases","documents":"/api/acts/marine-safety-legislation-lakes-hume-and-mulwala-act-2001/documents"}}