(b) is engaged in a training session or competition organised by a sports club or school; and
(c) is accompanied by a power‑driven boat capable of being used for rescue purposes;
but does not include a boat when it is being propelled (in whole or part) by mechanical power.
all‑round light means a light on a boat that shows an unbroken light over an arc of visibility of 360 degrees.
appropriate lifejacket means a lifejacket that:
(a) meets the standards or specifications (if any) prescribed by the rules for the purposes of this paragraph; and
(b) does not rely solely on oral inflation for buoyancy; and
(c) is the correct size for the wearer; and
(d) is in good condition; and
(e) if the lifejacket is an inflatable lifejacket—was:
(i) purchased or otherwise acquired new no more than 12 months before the date it is being worn by a person or carried on a boat; or
(ii) serviced no more than 12 months before the date it is being worn by a person or carried on a boat; or
(iii) if the manufacturer’s instructions for the lifejacket allow a period longer than 12 months before the first service is conducted or between services—purchased (or otherwise acquired new) or serviced within that longer period before the date it is being worn by a person or carried on a boat.
associated work includes a wharf or jetty that is:
(a) owned by the Australian Capital Territory or the Commonwealth; and
(b) erected in a lake area.
boat includes a launch, yacht, rowing boat, canoe, raft, pontoon and anything else that can carry people or goods through or on water.
boating accident means any of the following involving a boat in a lake area:
(a) death of, or injury to, a person on the boat;
(b) loss of a person from the boat;
(c) death of, or injury to, a person that is caused by the boat;
(d) loss, or presumed loss, of the boat (including the sinking or abandonment of the boat);
(e) capsizing, grounding or flooding of the boat;
(f) collision of the boat with another boat or with an object;
(g) the boat being disabled and requiring assistance;
(h) a fire on the boat;
(i) damage caused to the boat (including any structural failure);
(j) damage to the environment caused by the boat or by a substance on, or discharged from, the boat;
Section 5 - Australian Capital Territory National Land (Lakes) Ordinance 2022 - Definitions | Zoe
(k) an incident that causes a risk of the events mentioned in paragraphs (a) to (j) happening.
channel means an area of a lake that, whether or not indicated by navigation marks, provides a passage for boats.
Chief Executive of the National Capital Authority means the Chief Executive of the National Capital Authority appointed under the Australian Capital Territory (Planning and Land Management) Act 1988.
chief police officer means the police officer responsible to the Commissioner of Police of the Australian Federal Police for the day‑to‑day administration and control of police services in the Australian Capital Territory.
commercial activity means any of the following:
(a) selling or offering for sale food, drink or other things;
(b) letting or offering to let on hire bicycles, boats or other things;
(c) carrying or offering to carry passengers or things in or on a boat for fee or reward;
(d) carrying on the business of boat repair;
(e) undertaking any other activities prescribed by the rules for the purposes of this paragraph.
Delegate for Lakes means the Delegate for Lakes appointed under section 149.
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law.
dragon boat means a boat that is:
(a) designed to be propelled with paddles by a crew of 10 or more people; and
(b) built so as to float if swamped or capsized.
drug means:
(a) a substance specified in Schedule 1 to the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as in force at the commencement of this Ordinance; or
(b) a controlled drug within the meaning of section 301.1 of the Criminal Code; or
(c) any other substance that, if taken by a person (whether on its own or in combination with alcohol), may influence the operation of a boat by the person.
entity includes an unincorporated body and a person (including a person occupying an office or a position).
exercise a function includes perform the function.
fairway means that part of an area of a lake that is usually used by boats for navigating through the area.
foreshores, in relation to a lake, means the area of land from the level of water in the lake to 100 metres beyond the high water level of the lake, but does not include land:
(a) held under lease from the Commonwealth; or
(b) occupied:
(i) with the authority of the Australian Capital Territory or the Commonwealth; or
(ii) under a law in force in the Australian Capital Territory.
function includes power, duty or authority.
general safety equipment for a boat means the following equipment:
(a) a sound signal (such as an airhorn, bell or whistle);
(b) a waterproof torch;
(c) if the boat has an electric start motor, a gas installation, a fuel stove or a battery—at least one fire extinguisher, and other fire extinguishers if potential sources of fire and the size of the boat require it;
(d) if the boat has a covered bilge or a closed under‑floor or under‑deck compartment that is not an airtight void space—as many bilge pumps as are required to ensure that the pumps are capable of draining each compartment;
(e) if the boat is less than 6 metres in length and has only one independent means of propulsion—at least one paddle or a pair of oars with rowlocks;
(f) if the boat is not a sailing boat less than 6 metres in length—an anchor with a chain or line;
(g) if the boat is not a sailing boat with a permanently enclosed self‑draining hull or a boat mentioned in paragraph (d)—a bailer or bucket.
Example: For the purposes of paragraph (e), one or more sails on a boat are one independent means of propulsion.
inspector means a person who is an inspector under section 150.
keep its course: see subsection 53(2).
keep out of the way: see subsection 53(1).
lake means:
(a) Lake Burley Griffin; or
(b) any other area of National Land declared by the Minister to be a lake under section 148.
Note: This Ordinance applies to the lake area of Lake Burley Griffin to the extent that it is National Land (see section 7). The Lakes Act 1976 (ACT) and instruments made under that Act apply in relation to the remaining area of Lake Burley Griffin.
lake area means an area consisting of a lake, the foreshores of the lake and the islands (if any) in the lake.
Lake Burley Griffin means the waters of the Molonglo River between Scrivener Dam and Molonglo Reach (within the meaning of the Lakes Act 1976 (ACT) as in force at the commencement of this Ordinance), but does not include Kingston Harbour (within the meaning of that Act).
marine pilot means a person who has the conduct of, but does not belong to, a boat.
Marine Safety (Domestic Commercial Vessel) National Law means the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
Note: The Marine Safety (Domestic Commercial Vessel) National Law is set out in Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and, when applying as a law of the Commonwealth, may be referred to as the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (see section 4 of that Act).
master, of a boat, means the person having the command or charge of the boat, but does not include a marine pilot.
masthead light means a light on a boat that shows an unbroken white light over an arc of visibility of 225 degrees, showing from anywhere ahead of the boat to just behind the beam of the boat on both sides.
mooring permit: see subsection 18(2).
National Capital Authority means the body continued in existence by the Australian Capital Territory (Planning and Land Management) Act 1988.
National Land has the same meaning as in the Australian Capital Territory (Planning and Land Management) Act 1988.
night means the period between sunset on one day and sunrise on the next day.
obstruction to navigation means any thing in a lake area, other than a thing that is lawfully constructed in the lake area, that is:
(a) a risk to the safe navigation of boats; or
(b) moored, berthed or placed in contravention of this Ordinance or the Marine Safety (Domestic Commercial Vessel) National Law.
off‑the‑shore boat means a sailing boat that:
(a) is not ballasted; and
(b) does not have a cabin or fixed keel; and
(c) does not have an engine; and
(d) is not a sailboard.
operate, in relation to a boat, means determine or exercise control over, or attempt to determine or exercise control over, the course or direction of the boat or the means of propulsion of the boat, whether or not the boat is under way.
owner, of a boat (including a boat that is mortgaged, chartered, leased or hired), includes a person who:
(a) is registered as an owner of the boat in a certificate of registry, or a certificate or unique identifier issued for the boat, under a law of the Commonwealth, a State or the Northern Territory; or
(b) is a joint owner of the boat; or
(c) whether on the person’s own behalf or on behalf of someone else:
(i) exercises any of the functions of the owner of the boat; or
(ii) publicly represents that the person has those functions or accepts the obligation to exercise those functions; or
(d) is the charterer of the boat.
Note: For the purposes of paragraph (a), a certificate or unique identifier may be issued for a boat under the Marine Safety (Domestic Commercial Vessel) National Law.
personal watercraft means a recreational boat that:
(a) has a fully enclosed hull; and
(b) does not retain water that is taken on if it capsizes; and
(c) is designed to be operated by a person sitting within the boat or lying, standing, sitting astride or kneeling on the boat.
place of inspection means a place, premises, vehicle or boat.
police officer means a member or special member of the Australian Federal Police.
power boat means a boat propelled by mechanical power, and includes a boat under both power and sail.
prescribed mooring area means an area prescribed for the purposes of section 13 to be a mooring area.
recreational boat means a boat other than:
(a) a domestic commercial vessel; or
(b) a regulated Australian vessel (within the meaning of the Navigation Act 2012).
regulated activity permit means a permit issued under Division 2 of Part 4 of the Australian Capital Territory National Land (Unleased) Ordinance 2022.
relevant period, in relation to the operation of a boat by a person, means the period beginning when the person stops operating the boat and ending at the latest time when:
(a) a breath or oral fluid analysis of the person may be carried out under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance in relation to the person; or
(b) a sample of the person’s blood may be taken under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) as it applies under section 106 of this Ordinance in relation to the person.
Note The Road Transport (Alcohol and Drugs) Act 1977 (ACT) provides for breath and oral fluid analysis and the taking of samples from a person.
required safety equipment, for a kind of recreational boat: see section 84.
required standards, for safety equipment: see section 85.
rules means rules made under section 157.
safety investigation means an investigation under section 114.
safety investigation report means a report under section 119.
safety investigator means a person appointed under section 115.
sailing boat means a boat with a sail, but does not include such a boat when it is being propelled (in whole or part) by mechanical power.
sidelights means lights on a boat that show:
(a) an unbroken green light on the starboard side of the boat over an arc of visibility of 112.5 degrees, from ahead of the boat to just behind the beam of the boat on the starboard side; and
(b) an unbroken red light on the port side of the boat over an arc of visibility of 112.5 degrees, from ahead of the boat to just behind the beam of the boat on the port side.
small boat means a dinghy, row boat or inflatable boat that:
(a) is less than 3 metres in length; and
(b) is built so as to float if swamped or capsized; and
(c) is not a tender or a boat carrying an engine or fuel.
small tender means a tender that:
(a) is less than 3 metres in length; and
(b) only operates within 200 metres of the shore.
sports club means an entity established for a sporting or athletic purpose, and includes each person who is a member of the entity or who is participating in a competition that is run by the entity.
sternlight means a light on a boat that shows an unbroken white light behind the boat over an arc of visibility of 135 degrees.
tender means a boat that:
(a) is less than 7.5 metres in length; and
(b) only transports goods or people; and
(c) only operates between its parent boat and the shore or another boat; and
(d) only operates within 1 nautical mile from its parent boat.
Transport for NSW means the body of that name constituted by the Transport Administration Act 1988 (NSW), as in force at the commencement of this Ordinance.
under way, in relation to a boat, means the boat is not anchored, moored, aground or made fast to the shore or a jetty.
unsafe, in relation to a boat, means the boat is a danger to human life or to the environment because of any of the following:
(a) the condition of the boat or equipment on the boat;
(b) the manner or place in which cargo or equipment on the boat is stowed or secured;