CTHRepealedLegislation
Fisheries Management Regulations 1992
37CNavigating in area that is a closed zone for less than 24 hours
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#### 37C Navigating in area that is a closed zone for less than 24 hours
(1) The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for less than 24 hours.
Penalty: 25 penalty units.
(2) Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:
(a) the boat was navigated in the closed zone for a period of 30 minutes or more; and
(b) for the period the boat was in the closed zone, the boat was:
(i) stationary; or
(ii) travelling at a speed of 5 knots or more as worked out under subregulation (5).
(3) Subregulation (1) does not apply to the master of a boat if:
(a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
(b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
(4) An offence against subregulation (1) is an offence of strict liability.
(5) To work out a boat’s speed:
(a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
(b) divide the distance by the time taken by the boat to travel between the two points.
(6) In this regulation a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subregulation (5).