8Signals and rules of navigation

Signals and rules of navigation.

8.—(1.) This regulation applies to a ship (other than an exempt boat), that is being used by a person, in an area of the Australian continental shelf, or an area of the continental shelf of a Territory, that is a controlled area in relation to sedentary organisms of any kind, in searching for or taking sedentary organisms of that kind as authorized by a licence granted to him, or to a person on whose behalf he is acting, under sub-section (2.) of section 13 of the Act.

(2.) The signals and rules of navigation prescribed by the Navigation (Collision) Regulations and by this regulation shall be observed by a person in charge of a ship to which this regulation applies.

(3.) The person in charge of a ship to which this regulation applies and not under command shall keep at hand a red pennant which he shall, on the approach of another ship, cause to be displayed in a prominent position on his ship.

(4.) The person in charge of a ship under way shall give a wide berth to a ship displaying the red pennant in the manner referred to in the last preceding sub-regulation.

(5.) Nothing in the last two preceding sub-regulations shall be taken to confer on a person a right to cause or permit a ship to which this regulation applies to obstruct a fairway used by ships other than ships to which this regulation applies.

(6.) A person in charge of a ship to which this regulation applies shall not—

(a) contravene or fail to comply with a rule of navigation prescribed by the Navigation (Collision) Regulations or by this regulation;

(b) fail to exhibit, display or use a light or signal required by the Navigation (Collision) Regulations or by this regulation to be exhibited, displayed or used; or

(c) exhibit, display or use a light or signal other than that prescribed by the Navigation (Collision) Regulations or by this regulation.

(7.) The imposition of a penalty under this regulation does not relieve a person from civil liability for any damage occasioned by his failure to observe a signal or rule of navigation required by this regulation to be observed.