Harbors and Navigation Regulations 2023

Part 1—Preliminary 1—Short title These regulations may be cited as the Harbors and Navigation Regulations 2023. 3—Interpretation (1) In these regulations— Act means the Harbors and Navigation Act 1993; certificate of registration, in relation to a vessel, means— (a) a certificate of registration issued in respect of the vessel under regulation 82; or (b) in the case of a vessel registered in another jurisdiction—a corresponding certificate or other document issued in respect of the vessel by the marine authority of that jurisdiction, (and a reference to a certificate of registration will be taken to include, if the context permits, a reference to a replacement certificate of registration issued under these regulations); channel, in relation to a harbor, means an area within the harbor regularly used as a course for vessels entering, leaving or moving within the harbor; coast station means a shore‑based facility— (a) approved by the Minister for the purposes of communications by radio with vessels and maintaining a radio watch; or (b) approved by the Minister by notice in the Gazette for the purposes of this definition; Code means the Uniform Shipping Laws Code endorsed by the Australian Transport Council, as in force from time to time; container means a crate, box, tank, flat or cylinder that is designed and constructed— (a) for continuous use as an adjunct to cargo handling and transportation; and (b) to facilitate the transportation of goods from the place at which they are packed to the place at which they are to be unpacked without the need for the goods to be unloaded from or reloaded into the crate, box, tank, flat or cylinder; and (c) to facilitate transportation by means of more than 1 mode of transport; and (d) with devices so as to enable it to be readily handled between 1 mode of transport and another; and (e) to carry a load the volume of which is at least 1 cubic metre; EPIRB means an emergency position indicating radio beacon; fishing apparatus means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource (within the meaning of the Fisheries Management Act 2007); gross tonnage means— (a) in relation to a commercial vessel that is registered by a marine authority of the Commonwealth or a State or a Territory of the Commonwealth—the gross tonnage specified in the vessel's certificate of registration; or (b) in relation to a commercial vessel that is not so registered—the amount of measured tonnage calculated in accordance with the International Convention on Tonnage Measurements of Ships 1969 as set out in the Navigation Act 2012 of the Commonwealth; identification mark, in relation to a vessel that is registered under these regulations, means the identification mark assigned to the vessel under regulation 83; A HIN on a HIN plate affixed to a vessel in accordance with Part 9 Division 2 Subdivision 6 is not an identification mark within the meaning of this definition. inland waters means navigable waterways or bodies of water in the State excluding any waters within the ebb and flow of the tide; ISO means an International Standard, published by the International Organization for Standardization, as in force from time to time; kiteboard means a vessel (being a surfboard or similar item) propelled by a kite tethered to the vessel or the operator of the vessel; lifejacket level 50 means a lifejacket that complies with any of the following requirements: (a) AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 buoyancy; (b) AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 buoyancy; (c) AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 50 buoyancy; (d) until 31 December 2024—Lifejacket Type—2 AS 1499—1996, as in force on 1 January 2008; (e) European Standard EN393‑1993 Lifejackets‑50N, as in force from time to time; (f) ISO 12402‑5, as in force from time to time; (g) any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph; lifejacket level 50S means a lifejacket that complies with any of the following requirements: (a) AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy; (b) AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy; (c) AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 50 special purpose (50S) buoyancy; (d) until 31 December 2024—Lifejacket Type—3 AS 2260—1996, as in force on 1 January 2008; (e) any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph; lifejacket level 100 or above means— (a) a lifejacket that complies with any of the following requirements: (i) AS 4758.1:2022: Lifejackets—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more); (ii) AS 4758.1:2015: Lifejackets—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more); (iii) AS 4758.1—2008: Personal flotation devices—General requirements in relation to a lifejacket classified as providing level 100 or level 150 buoyancy (or more); (iv) until 31 December 2024—Lifejackets—Type 1 AS 1512—1996, as in force on 1 January 2008; (v) appendix R of section 10 of the Code; (vi) European Standard EN399‑1993 Lifejackets‑275N, as in force from time to time; (vii) European Standard EN396‑1993 Lifejackets‑150N, as in force from time to time; (viii) European Standard EN395‑1993 Lifejackets‑100N, as in force from time to time; (ix) ISO 12402‑2, as in force from time to time; (x) ISO 12402‑3, as in force from time to time; (xi) ISO 12402‑4, as in force from time to time; (xii) in the case of a lifejacket intended for use— (A) by adults—Canadian General Standards Board CAN/CGSB‑65.11‑M88, as in force from time to time; (B) by children—Canadian General Standards Board CAN/CGSB‑65.15‑M88, as in force from time to time; (xiii) Underwriters Laboratories Standards UL1180 Fully inflatable lifejackets, as in force from time to time; (xiv) New Zealand Standard NZ5823:2001 Type 401, as in force from time to time; (xv) any other standard or specification approved by the CE by notice in the Gazette for the purposes of this paragraph; or (b) a lifejacket that complies with the requirements of Australian Maritime Safety Authority Marine Orders Part 25 related to the type of lifejackets required to be carried on Australian registered ships; long blast means a blast of a whistle approximately 5 seconds in duration; marine authority means a marine authority of the Commonwealth, a State or a Territory of the Commonwealth or a foreign country recognised by the CE as having authority to issue certificates of competency, certificates of survey or other similar documents; MF/HF radiotelephony equipment means radiotelephony equipment that operates at medium or high frequency; moor means to make fast to the shore, a buoy, a jetty or a wharf or to anchor; motorised canoe or kayak means a canoe or kayak fitted with an electric motor— (i) manufactured with a capacity of no more than 150 newtons; and (ii) fitted and maintained to the manufacturer's specifications; and (iii) containing a power source with a marine grade closed cell 12 volt battery; National Standard for Commercial Vessels or NSCV means the National Standard for Commercial Vessels endorsed by the Australian Transport Council, as in force from time to time (and includes any standard as in force from time to time referred to in the NSCV); navigation pass, in relation to a bridge, means the marked channel under the bridge through which vessels are intended to navigate when passing under the bridge; owner of cargo or goods includes the consignor and consignee of the cargo or goods; paddle board includes a stand up paddle board; to park a vehicle includes to leave the vehicle standing; partially smooth water—the waters specified in Schedule 1 Part 2 are partially smooth waters; personal watercraft means a device that— (a) is propelled by a motor; and (b) has a fully enclosed hull; and (c) is designed not to retain water if capsized; and (d) is designed to be operated by a person who sits astride, stands, or kneels on the device, and includes the device commonly referred to as a jet ski; planing attitude, in relation to a vessel, means the attitude of the vessel when buoyancy has ceased to be its sole support and a proportion of its weight is supported by the dynamic lift resulting from the speed of the vessel through the water; Port River Expressway Bridges means— (a) the road bridge (including any fendering that forms part of the navigation pass of the bridge); and (b) the rail bridge (including any fendering that forms part of the navigation pass of the bridge), constructed as part of the authorised project (within the meaning of the Highways Act 1926) known as the Port River Expressway Project (and a reference to a Port River Expressway Bridge will be taken to be a reference to the road bridge or the rail bridge (as the case requires)); potential speed, in relation to a vessel, means the maximum speed of which the vessel is capable— (a) when moving through the water under its own power without assistance or hindrance from tide, current or wind; and (b) when carrying no load apart from an operator and the equipment usually carried on the vessel; Prevention of Collisions Convention has the same meaning as in the Navigation Act 2012 of the Commonwealth; protected waters means inland waters other than Lakes Alexandrina and Albert; qualifying entry voyage, in relation to an application for a pilotage exemption certificate, means a voyage into the harbor (or section of the harbor) in respect of which the application is made to a wharf, mooring or anchorage— (a) that has been undertaken with a licensed pilot (or a master with a current pilotage exemption certificate for that harbor or section of harbor) on board the vessel; and (b) that has, in the opinion of the CE (formed after consultation with the relevant port operator), been satisfactorily completed; and (c) that has been undertaken not more than 1 year before the date on which the application is made; qualifying exit voyage, in relation to an application for a pilotage exemption certificate, means a voyage out of the harbor (or section of the harbor) in respect of which the application is made from a wharf, mooring or anchorage— (a) that has been undertaken with a licensed pilot (or a master with a current pilotage exemption certificate for that harbor or section of harbor) on board the vessel; and (b) that has, in the opinion of the CE (formed after consultation with the relevant port operator), been satisfactorily completed; and (c) that has been undertaken not more than 1 year before the date on which the application is made; registered owner of a vessel means a person recorded in the register of vessels as the owner of the vessel; The fact that a person is recorded as the registered owner of a vessel does not, in itself, confer proprietary rights on the person in respect of the vessel. relevant port operator, in relation to a harbor, means the port operator (if any) operating a port comprising or including the whole or some of the land and waters constituting the harbor; restricted area means an area of water identified in Schedule 5 Part 1; repealed regulations means the Harbors and Navigation Regulations 2009; semi‑protected waters means waters inshore of a line 2 nautical miles seaward of the Low Water Mark of a coast or of the banks of Lakes Alexandrina and Albert; short blast means a blast of a whistle approximately 1 second in duration; smooth water—the waters specified in Schedule 1 Part 1 are smooth waters; surveyor means a surveyor accredited or otherwise recognised under the Marine Safety (Domestic Commercial Vessel) National Law; underway, in relation to a vessel, means that the vessel is not moored or aground; unprotected waters means waters offshore of a line 2 nautical miles seaward of the Low Water Mark of a coast or of the banks of Lakes Alexandrina and Albert; V distress sheet means a sheet of material— (a) that is not less than 1.8 m by 1.2 m in size; and (b) that is fluorescent orange‑red in colour; and (c) on which is displayed the letter V in black, the V being not less than 0.8 m in height and the strokes forming the V being not less than 130 mm in breadth; VHF FM radiotelephony equipment means radiotelephony equipment that operates at very high frequency using frequency modulation; whistle means any sound signalling device capable of producing the sound signals required by these regulations. (2) For the purposes of these regulations, a reference in the Code or the NSCV to the Authority will be taken to be a reference to the CE. (3) For the purposes of these regulations, a reference to a vessel of a particular class is a reference to a vessel of that class as defined in Part B of the NSCV. (4) For the purposes of these regulations, unless the contrary intention appears, a reference to a harbor includes a reference to a port. (5) For the purposes of these regulations, vessels will be regarded as in sight of one another only when 1 can be observed visually from the other. (6) For the purposes of these regulations, a reference to a particular Australian Standard will, unless the contrary intention appears, be taken to be a reference to that standard as in force from time to time. (7) For the purposes of these regulations, a requirement to wear a lifejacket will be taken to include a requirement that the device be of an appropriate size and properly adjusted for the person who is wearing, or will be wearing the lifejacket. (8) For the purposes of these regulations, a reference to a lifejacket will, in relation to a lifejacket worn or required to be worn by a child— (a) less than 12 years of age; or (b) weighing less than 40 kg, be taken not to include a reference to a lifejacket that is designed to be inflated manually. (9) For the purposes of these regulations, a requirement that a person wear, or that a vessel be equipped with, a lifejacket will, in the case of a lifejacket that is designed to inflate automatically on immersion, or to be inflated by the use of a gas cylinder that forms part of the lifejacket, and that has been so inflated, be taken to include a requirement that— (a) the lifejacket has been serviced in accordance with the manufacturer's instructions; and (b) has not been inflated since being so serviced. (10) For the purposes of these regulations, a requirement that a vessel be equipped, for each person on the vessel, with a lifejacket will be taken to include a requirement that the device be of an appropriate size for the wearer and properly adjusted. (11) For the purposes of the definitions of semi‑protected waters and unprotected waters, a reference to a coast will be taken to be a reference to— (a) the coast of the mainland; and (b) the coast of Kangaroo Island. (12) For the purposes of paragraph (b) of the definition of crew in section 4(1) of the Act, an observer (as contemplated by regulation 122(5)) in a vessel towing a person is declared to be a member of the vessel's crew. 4—Incorporation of codes and standards (1) A copy of a code or standard referred to or incorporated in these regulations must be kept available for inspection by members of the public, without charge and during normal office hours, at the head office in Adelaide of the department. (2) If an expression used in a provision of a code or standard referred to or incorporated in these regulations is not defined in the Act or in these regulations, the expression has, for the purposes of these regulations, the meaning (if any) assigned by the code or standard. (3) If a provision of a code or standard is referred to or incorporated in these regulations, any other code or standard that is incorporated into, or referred to in, that provision is also incorporated in these regulations to the extent necessary to give effect to that provision.

Part 2—Administration 5—Approvals (1) An application for an approval of the CE or a port operator under these regulations must be made in a manner and form determined by the CE or port operator (as the case requires). (2) An applicant under this regulation must provide to the CE or port operator such information and records as the CE or port operator reasonably requires. (3) An approval given by the CE or a port operator for the purposes of these regulations— (a) must be in writing or, if given orally, must be confirmed in writing as soon as practicable; and (b) may be subject to such conditions as are specified by the CE or port operator (including a condition fixing a fee to be paid to the CE or port operator); and (c) may be varied or revoked by the CE or port operator (as the case requires) at any time. (4) If the CE or a port operator gives approval subject to a condition, the person to whom approval is given must not contravene the condition. (5) In any legal proceedings, a certificate apparently signed by the CE or a port operator certifying an approval or lack of approval under these regulations is, in the absence of proof to the contrary, proof of the matter certified. 6—Exclusion of property from vesting in Minister For the purposes of section 15(3)(c) of the Act, the following real property is excluded from the ambit of that section: (a) all subjacent land underlying, and land adjacent to— (i) the River Murray upstream of the sea mouth; and (ii) all lakes, lagoons and channels connected with the River Murray; (b) all subjacent land underlying, and land adjacent to— (i) the Onkaparinga River upstream of the seaward boundary of the area of the City of Onkaparinga; and (ii) all lakes, lagoons and channels connected with the Onkaparinga River; (c) all subjacent land underlying, and land adjacent to— (i) the Patawalonga Creek upstream of the seaward boundary of the area of the City of Holdfast Bay; and (ii) all lakes, lagoons and channels connected with the Patawalonga Creek; (d) all subjacent land underlying, and land adjacent to, the Glenelg River in the Hundred of Caroline, County of Grey; (e) all subjacent land underlying, and land adjacent to, any other inland waters except Lake Butler; (f) the land adjacent to the seashore situated above the High Water Mark in the Hundreds of Copley, Gillen, Jenkins and Cultana from the south‑eastern corner of the Government Town of Port Augusta West to the southern boundary of the Hundred of Cultana; (g) all wharves, docks, jetties and other structures in private ownership that are situated in a harbor or outside a harbor but on adjacent or subjacent land constructed after the commencement of the Act.

Part 3—Exemptions and exclusions from certain provisions of Act 7—Pilotage of Royal Australian Navy vessels Section 35 of the Act does not apply in relation to vessels belonging to the Royal Australian Navy. 8—Licences for aquatic activities—River Murray, Adelaide Dolphin Sanctuary and marine parks Pursuant to section 26(2c) of the Act, the following categories of licence are excluded from the operation of section 26(2a) of the Act: (a) a licence for an event that will not involve a motorised vessel (including any support vessel or vessels); (b) a licence for an event where only the support vessel or vessels will be motorised and the number of such motorised support vessels will not exceed 2; (c) a licence for an event where not more than 2 motorised vessels involved in the event will be operated at any particular time, and the number of motorised support vessels (if any) will not exceed 2; (d) a licence for an event where not more than 5 motorised vessels involved in the event will be operated at any particular time on waters that form part of the River Murray in circumstances where it is proposed that, when the vessels are on the River Murray, they will be spread over at least 2 km of the river, and the number of motorised support vessels (if any) will not exceed 2.

Part 4—Vessels 9—Determination of length of vessels (1) Pursuant to section 4(3) of the Act, the length of a vessel is to be determined as follows: (a) in the case of a commercial vessel—in accordance with Part B of the NSCV; (b) in the case of a vessel constructed of pontoons (not being a commercial vessel)—the length of the vessel is the distance along the deck between the foremost transverse deck beam and the aftermost transverse deck beam; (c) in any other case—the length of the vessel is the distance from the foremost part of the hull to the aftermost part of the hull taken at the upper side of the uppermost weather tight deck or, in the case of an open vessel, at the height of the gunwale. (2) In this regulation— aftermost part of the hull means the trailing edge of the shell plating, planking or other structural material or, in the case of stem bars or posts, the intersection of the outside of the shell plating or planking with the stern bar or post but excluding, in all cases, any member added to the exterior of the hull (for example a fender, sponson or rubbing strip); foremost part of the hull means the leading edge of the shell plating, planking or other structural material or, in the case of bar stems or stem posts, the intersection of the outside of the shell plating or planking with the stem bar or post but excluding, in all cases, any member added to the exterior of the hull (for example a fender, sponson or rubbing strip).

Part 5—Restricted areas and restrictions on use of certain waters 10—Restricted areas (1) A person who, without the approval of the CE, contravenes, in a restricted area, a control applying in the area under Schedule 5 is guilty of an offence. (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves that they were taking part in— (a) a rescue operation or otherwise acting in an emergency; or (b) a surf lifesaving activity conducted by a surf lifesaving club. (3) If a vessel is involved in the commission of an offence against subregulation (1), the owner of the vessel is also guilty of an offence. (4) It is a defence to a charge of an offence against subregulation (3) if the owner proves that the vessel was operated in the manner constituting the offence without the owner's consent. (5) If an offence against subregulation (1) is constituted of a person being towed by a vessel, the operator of the vessel is also guilty of an offence. (6) This regulation does not apply in relation to an authorised person operating a vessel if— 11—Special rule in relation to sailing on Port Adelaide River (1) A person must not, without the approval of the CE, operate a vessel under sail power alone in the waters of the Port Adelaide River— (a) west of the Birkenhead Bridge; or (b) in No 1 Dock. (2) It is a defence to a charge of an offence against subregulation (1) for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency. (3) Without limiting regulation 5, an application for approval under subregulation (1) may be made by an applicant on the applicant's own behalf or on behalf of a group of persons and, if an approval is granted to a group of persons, each member of the group is bound by the conditions (if any) to which the approval is subject. No 1 Dock means the waters of the Port Adelaide River east of a line being the prolongation generally south of the western boundary of Piece 118 of Deposited Plan 79638.

12—Special rule in relation to swimming etc near Glenelg breakwaters (1) A person must not, without lawful excuse, swim, bathe or dive (including scuba dive) in the waters of Gulf St. Vincent that are within 40 m of any part of— (a) the northern breakwater or southern breakwater associated with the mouth of the Patawalonga Creek at Glenelg; or (b) the breakwater located approximately 165 m south‑west of the southern breakwater associated with the mouth of the Patawalonga Creek at Glenelg. (a) the defendant was taking part in a rescue operation or otherwise acting in an emergency; or (b) the defendant was taking part in a surf lifesaving activity conducted by a surf lifesaving club. 13—Certain vessels not to be operated in unprotected waters (1) A person must not, without the approval of the CE, operate a personal watercraft in unprotected waters. (2) It is a defence to a charge of an offence under subregulation (1) for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency. (3) Without limiting regulation 5, an application for approval under subregulation (1) may be made by an applicant on the applicant's own behalf or on behalf of a group of persons and, if an approval is granted to a group of persons, each member of the group is bound by the conditions (if any) to which the approval is subject.

Part 6—Activities in relation to wharves other than in harbors 14—Interpretation wharf means a wharf under the care, control and management of the Minister that is not within a harbor. 15—Obstructions on wharves (1) A person must not, without the approval of the CE, place anything on a wharf in a position that is likely to— (a) obstruct the approaches or any entrance to, or exit from, the wharf; or (b) obstruct the movement of cargo on, onto or from the wharf; or (c) impede the free passage of any vehicle or pedestrian on the wharf. (2) If an item is placed on a wharf in contravention of subregulation (1), an authorised person may— (a) direct— (i) the owner of the item; or (ii) the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded, to remove the item from the wharf or to move it to another position on the wharf within a specified time; or (b) if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf. (3) The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by the CE. 16—Obstruction of landing places (1) A person must not, without the approval of the CE, moor a vessel at or near a landing place for longer than— (a) if the CE has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or (b) if a direction is given by the CE or an authorised person—the period specified in the direction; or (c) in any other case—a total of 4 hours in any day. (a) the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and (b) the vessel was moved as soon as it was reasonably practicable to do so. landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels. 17—Unauthorised activity on wharf A person must not, without the approval of the CE— (a) undertake any work on a wharf that is not related to the loading or unloading of cargo; or (b) sort, pack or repair cargo on a wharf; or (c) place or leave on a wharf anything other than cargo; or (d) carry on retail trade on a wharf; or (e) erect or post any notice or advertisement on a wharf; or (f) damage, remove or interfere with any notice or advertisement on a wharf; or (g) fish (for any aquatic organism by any means) in contravention of a notice erected on a wharf by the CE or in contravention of a direction of an authorised person; or (h) light or maintain a fire on a wharf; or (i) damage or misuse any equipment provided on a wharf for lifesaving or firefighting purposes; or (j) smoke in or on a structure on a wharf; or (k) litter a wharf; or (l) damage a wharf in any manner. 18—Application of Division This Division applies in relation to the following places: (a) all adjacent land vested in the Minister that is not within a harbor; (b) all wharves, docks, jetties or other structures vested in the Minister that are not within a harbor. 19—Traffic signs (1) The CE may erect signs on a place to which this Division applies giving directions for any 1 or more of the following purposes: (a) regulating the route to be followed by vehicles; (b) prohibiting or regulating the entry, exit or turning of vehicles (including vehicles over a certain mass); (c) requiring vehicles to be stopped; (d) requiring certain vehicles to give way to other vehicles; (e) prohibiting or regulating the parking of vehicles; (f) imposing speed limits for vehicles; (g) otherwise regulating vehicular traffic; (h) prohibiting or regulating pedestrian traffic. (2) A direction under this regulation may be of general or limited application according to the class of vehicles, drivers or pedestrians to which it applies, the area in which it applies, the circumstances of its application, or any other specified factor. (3) The CE may issue a permit exempting the holder from directions specified in the permit. (4) A person who contravenes the directions displayed on a sign erected under this regulation is guilty of an offence unless the person holds a valid permit issued by the CE exempting the person from the directions and the person complied with the terms of the permit. 20—Traffic and other directions (1) An authorised person may, orally or by hand signals, give to any person (whether a driver of a vehicle, a rider of an animal or a pedestrian) on or approaching a place to which this Division applies reasonable directions for the orderly functioning of the place and activities conducted at the place. (2) An authorised person who suspects on reasonable grounds that a vehicle that exceeds a mass limit imposed in respect of an area is in, or is about to enter, that area may direct the person in charge of the vehicle— (a) to submit the vehicle immediately for weighing by portable apparatus; or (b) to take the vehicle by the shortest practicable route to a specified weighbridge. 21—Parking signs and markings (1) The CE may delineate, by signs or pavement markings or a combination of signs and markings, an area on a place to which this Division applies as an area in which vehicles or vehicles displaying a permit issued by the CE may be parked. (2) A person must not, without the approval of the CE, park a vehicle on a place to which this Division applies unless— (a) the vehicle is within an area delineated under this regulation as an area in which vehicles may be parked; or (b) the vehicle is being loaded or unloaded. (3) A person must not park a vehicle in an area delineated under this regulation as an area in which vehicles displaying a permit issued by the CE may be parked unless a valid permit is displayed in the vehicle and the vehicle is parked in accordance with the terms of that permit. 22—Removal of vehicles (1) If a vehicle is parked in contravention of this Division and an authorised person believes on reasonable grounds that the vehicle is obstructing the proper use of a place to which this Division applies, or that it constitutes a risk to the safety of persons or property, the authorised person may cause the vehicle to be removed to a convenient place (but this does not empower the authorised person to break into the vehicle). (2) The cost of removing the vehicle may be recovered by the CE as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division. 23—Signs (1) A sign erected on or in the vicinity of a place to which this Division applies that appears to have been erected for the purposes of this Division will, in the absence of proof to the contrary, be taken to have been erected in accordance with this Division. (2) A sign erected by the CE, the Minister or the department on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations will be regarded as having been erected in accordance with this Division. (3) In determining the meaning of a direction displayed on a sign under this Division, regard must be given to the characteristics of the surrounding physical environment, including any pavement markings. (4) In a direction displayed on a sign erected under this Division— maximum axle load, in relation to a vehicle, means the weight of the vehicle (including its load and the weight of the axle and wheels) borne by any axle of the vehicle; maximum wheel load, in relation to a vehicle, means the weight of the vehicle (including its load) borne by any wheel of the vehicle; permit means a permit issued by the CE under this Division. 24—Permits (1) The CE may issue permits for the purposes of this Division subject to such conditions as the CE thinks fit (including a condition fixing a fee to be paid to the CE). (2) The CE may cancel a permit issued under this Division by written notice to the holder of the permit. (3) For the purposes of this Division, a permit is displayed in a vehicle only if the permit is displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle. (4) An authorised person may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection immediately or at a specified place and within a specified period. 25—Evidence In any proceedings for an offence against this Division, an allegation in a complaint— (a) that a sign or marking was erected or made in accordance with this Division; or (b) that a specified person was the driver of a specified vehicle at the time of an alleged offence; or (c) that a specified vehicle was driven or parked in a specified manner or place at a specified time; or (d) that a specified person held or did not hold a permit under this Division; or (e) that a specified permit issued under this Division was subject to specified conditions, will, in the absence of proof to the contrary, be proof of the matters so alleged.

Part 7—Harbors and ports 26—Interpretation In this Part (except Division 3 and Division 4)— adjacent land means adjacent land under the care, control and management of the Minister or a port operator; contiguous land means land contiguous to a wharf and under the care, control and management of the Minister or a port operator; harbor means a harbor, or that part of a harbor, under the care, control and management of the Minister or a port operator; wharf means a wharf under the care, control and management of the Minister or a port operator that is within a harbor. 27—Definition of harbor boundaries For the purposes of Schedule 1 of the Act, Schedule 3 defines the boundaries of the harbors referred to in clause 1(1) of that Schedule. 28—Constitution of ports For the purposes of the definition of port in section 4(1) of the Act, each area of land and water described in Schedule 4 is constituted as a port. 29—Obstructions on wharves (1) A person must not, without the approval of the CE or the relevant port operator, place anything on a wharf in a position that is likely to— (a) obstruct the approaches or any entrance to, or exit from, the wharf; or (b) obstruct the movement of cargo on, onto or from the wharf; or (c) impede the free passage of any vehicle or pedestrian on the wharf. (2) If an item is placed on a wharf in contravention of subregulation (1), a port management officer may— (a) direct— (i) the owner of the item; or (ii) the owner or operator of a vessel from which the item has been unloaded or on which the item is to be loaded, to remove the item from the wharf or to move it to another position on the wharf within a specified time; or (b) if unable in the circumstances of the particular case to give a direction under paragraph (a) or if a direction is given under that paragraph but the person fails to comply with the direction—remove the item from the wharf or move it to another position on the wharf. (3) The cost of taking action under subregulation (2)(b) may be recovered as a debt from the owner of the item by— (a) if the port management officer was an officer or employee of the relevant port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 30—Obstruction of landing places (1) A person must not, without the approval of the CE or the relevant port operator, moor a vessel at or near a landing place for longer than— (a) if the CE or relevant port operator has erected a sign regulating mooring at or near the landing place—the period specified by the sign; or (b) if a direction is given by the CE, the relevant port operator or a port management officer—the period specified in the direction; or (c) in any other case—a total of 4 hours in any day. (a) the vessel was unable to be safely moved within the time allowed by subregulation (1) because of a mechanical or equipment failure or because of prevailing weather conditions; and (b) the vessel was moved as soon as it was reasonably practicable to do so. landing place means a ramp, public steps, platform or other landing place which is part of or adjacent to a wharf or jetty and gives access from the wharf or jetty to vessels. 31—Unauthorised activity on wharf A person must not, without the approval of the CE or the relevant port operator— (a) undertake any work on a wharf that is not related to the loading or unloading of cargo; or (b) sort, pack or repair cargo on a wharf; or (c) place or leave on a wharf anything other than cargo; or (d) carry on retail trade on a wharf; or (e) erect or post any notice or advertisement on a wharf; or (f) damage, remove or interfere with any notice or advertisement on a wharf; or (g) fish (for any aquatic organism by any means) in contravention of a notice erected on a wharf by the CE or the relevant port operator or in contravention of a direction of a port management officer; or (h) light or maintain a fire on a wharf; or (i) damage or misuse any equipment provided on a wharf for lifesaving or firefighting purposes; or (j) smoke in or on a structure on a wharf; or (k) litter a wharf; or (l) damage a wharf in any manner. 32—Use of rail trolley (1) A person must not, without the approval of the CE or the relevant port operator, use a trolley except for a purpose connected with the loading or unloading of a vessel or the maintenance of a vessel. (2) A person must not propel a trolley at a dangerous speed or in a dangerous manner. (3) A person who is propelling a trolley must give other persons effective warning of the approach of the trolley. (4) A port management officer may give a person directions in relation to the use of trolleys. trolley means a truck or trolley supplied by the Minister or a port operator for use on rails laid on a wharf or contiguous land. 33—Removal of stevedoring gear after use The operator of a vessel that is being loaded or unloaded on a wharf must ensure that all moveable equipment used in the loading or unloading is removed and stored appropriately on completion of the loading or unloading. 34—Directions relating to dangerous or objectionable cargo If a port management officer suspects on reasonable grounds that particular cargo on a vessel may present, if unloaded on to a wharf, a risk of injury to persons or damage to property, or a nuisance, the port management officer may give directions to the operator or owner of the vessel or the owner of the cargo— (a) prohibiting the unloading of the cargo on to the wharf; or (b) prohibiting the storage of the cargo on the wharf; or (c) regulating the manner in which the cargo is to be unloaded or stored on the wharf. 35—Damage etc caused by cargo (1) If cargo on a wharf or contiguous land— (a) causes death or injury to a person; or (b) causes damage to the wharf or anything on the wharf or contiguous land; or (c) creates a nuisance or causes offence; or (d) hinders work on the wharf or contiguous land, (whether by spillage, leakage or otherwise) the owner of the cargo must— (e) report the matter to— (i) if the wharf or contiguous land is within a port—the relevant port operator; or (ii) in any other case—the CE; and (f) remove the cargo from the wharf or contiguous land, clean up any spillage and repair any damage to the wharf. (2) If a person fails to take the action required by subregulation (1)(f), a port management officer may take that action. (3) The cost of taking action under subregulation (2) may be recovered as a debt from the person in default by— (a) if the port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 36—Discharge of liquid on wharves The operator of a vessel moored at a wharf must cause a covering to be placed over each outlet on the vessel that is at or above the level of the deck of the wharf so as to prevent any liquid being discharged from the vessel on to the wharf. 37—Abandoned cargo The CE or relevant port operator may take possession of cargo remaining on a wharf or contiguous land for more than 6 months and may deal with the cargo under the Unclaimed Goods Act 1987. 38—Unauthorised entry to wharf or contiguous land A person must not, without the approval of the CE or the relevant port operator, enter or remain in an area of a wharf or contiguous land to which the Minister or relevant port operator has restricted access by the erection of signs, barriers or by other means. 39—Watch officers in harbors (1) A vessel that is 35 m or more in length and is moored in a harbor must, unless the CE or relevant port operator approves otherwise, have at least 1 person on board for the purposes of communication with the CE, the port operator or a port management officer. (2) If subregulation (1) is contravened, the master or operator of the vessel is guilty of an offence. 40—Tugs (1) The operator of a tug that is attending a vessel being navigated under the control or at the direction of a licensed pilot must comply with the directions of the pilot. (2) The operator of a tug that is attending a vessel the master of which holds a current pilotage exemption certificate must comply with the directions of that master. 41—Fuel in vehicles etc (1) Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel with a flashpoint below 60°C, must not be carried on a vessel unless each fuel tank of the vehicle, vessel or machine contains less than 50% of its capacity of fuel and is effectively sealed. (2) Cargo consisting of a vehicle, vessel or machine that uses petroleum, or other liquid fuel with a flashpoint below 60°C, must not be stored on a wharf or adjacent land unless each fuel tank of the vehicle, vessel or machine contains less than 5 litres of fuel and is effectively sealed. (3) If a vehicle, vessel or machine is carried or stored in contravention of this regulation, the consignor of the vehicle, vessel or machine is guilty of an offence. (4) However, subregulation (3) does not apply to the carriage of a vehicle, vessel or machine on an open deck of— (a) a ferry; or (b) a punt that crosses a river or fairway by means of ropes or cables. (5) A person must not transfer petroleum or other liquid fuel into or out of the tank of a vehicle, vessel or machine— (a) on a wharf constructed of timber; or (b) inside a structure on adjacent land under the care, control and management of the Minister or a port operator; or (c) within 15 m of any such structure; or (d) within 15 m of any cargo; or (e) on a vessel or within 15 m of any vessel. (6) Subregulation (5) does not apply to the transfer of petroleum or other liquid fuel into the tank of a vehicle, vessel or machine— (a) in accordance with any sign erected by the CE or a port operator; or (b) in accordance with any guidelines published by the CE or the relevant port operator for the purposes of this subregulation. 42—Operation of motors in cargo spaces A person responsible for the loading or unloading of cargo on a vessel is guilty of an offence if, during the loading or unloading— (a) an internal combustion engine or electric motor is operated in a cargo space in the vessel in contravention of Appendix 8, Marine Order Part 32—Cargo Handling Equipment under the Navigation Act 2012 of the Commonwealth; or (b) an internal combustion engine of a mechanical stowing appliance or other vehicle used is fuelled in a cargo space in the vessel in contravention of that Appendix. 43—Mooring lines in harbors (1) The operator of a vessel moored by lines to a wharf or other structure in a harbor must ensure that— (a) the vessel is safely moored at all times; and (b) the mooring lines are in good condition and properly adjusted. (2) A person must not, without lawful authority, interfere with a line attached to any vessel, buoy, anchor, mooring, wharf or other structure or device in a harbor. (3) The CE or the relevant port operator may authorise a person to interfere with a line in a manner that would otherwise constitute a contravention of subregulation (2). 44—Use of vessel engines in harbors (1) The engine of a vessel that is more than 35 m in length and is moored at a wharf in a harbor must not, without the approval of the CE or the relevant port operator— (a) be interfered with in such a manner that immobilises the vessel to the extent that the vessel cannot be made ready to be underway within 2 hours; or (b) be operated so as to turn a propeller or propellers. (2) If the engine of a vessel is interfered with or operated in contravention of subregulation (1), the operator of the vessel is guilty of an offence. 45—Mooring and unmooring of vessels in certain harbors (1) A person must not, unless authorised for the purpose by the CE or the relevant port operator, make fast or let go mooring lines of a vessel moored or to be moored to a wharf in a harbor. (2) This regulation does not apply in relation to the following vessels: (a) a tug, barge or lighter ordinarily used within a harbor to which this regulation applies; (b) a vessel with a gross tonnage of less than 1 000 tonnes— (i) ordinarily employed in trading or going between ports or places in the State; or (ii) ordinarily used as a pleasure yacht in South Australian waters; (c) a vessel belonging to the Royal Australian Navy. (3) Nothing in these regulations prevents a fee being charged for services provided by a person authorised by the CE or the relevant port operator under this regulation. 46—Swimming in harbors A person must not, without the approval of the CE or the relevant port operator, swim or dive in any harbor— (a) within 200 m of a vessel that is 15 m or more in length and is arriving or departing from a wharf, mooring or anchorage or is navigating in a channel; or (b) within 45 m of a vessel that is 15 m or more in length and is moored at a wharf; or (c) from any portion of a wharf not specifically set aside for entrance of a person into the water. 47—Application of Division This Division applies in relation to the following places: (a) all adjacent land vested in the Minister that is within a harbor; (b) all wharves, docks, jetties or other structures vested in the Minister or a port operator that are within a harbor. 48—Traffic signs (1) The CE or relevant port operator may erect signs on a place to which this Division applies giving directions for any 1 or more of the following purposes: (a) regulating the route to be followed by vehicles; (b) prohibiting or regulating the entry, exit or turning of vehicles (including vehicles over a certain mass); (c) requiring vehicles to be stopped; (d) requiring certain vehicles to give way to other vehicles; (e) prohibiting or regulating the parking of vehicles; (f) imposing speed limits for vehicles; (g) otherwise regulating vehicular traffic; (h) prohibiting or regulating pedestrian traffic. (2) A direction under this regulation may be of general or limited application according to the class of vehicles, drivers or pedestrians to which it applies, the area in which it applies, the circumstances of its application, or any other specified factor. (3) The CE or the relevant port operator may issue a permit exempting the holder from directions specified in the permit. (4) A person who contravenes the directions displayed on a sign erected under this regulation is guilty of an offence unless the person holds a valid permit issued by the CE or the relevant port operator exempting the person from the directions and the person complied with the terms of the permit. 49—Traffic and other directions (1) A port management officer may, orally or by hand signals, give to any person (whether a driver of a vehicle, a rider of an animal or a pedestrian) on or approaching a place to which this Division applies reasonable directions for the orderly functioning of the place and activities conducted at the place. (2) A port management officer who suspects on reasonable grounds that a vehicle that exceeds a mass limit imposed in respect of an area is in, or is about to enter, that area may direct the person in charge of the vehicle— (a) to submit the vehicle immediately for weighing by portable apparatus; or (b) to take the vehicle by the shortest practicable route to a specified weighbridge. 50—Parking signs and markings (1) The CE or relevant port operator may delineate, by signs or pavement markings or a combination of signs and markings, an area on a place to which this Division applies as an area in which vehicles or vehicles displaying a permit issued by the CE or port operator may be parked. (2) A person must not, without the approval of the CE or the relevant port operator, park a vehicle on a place to which this Division applies unless— (a) the vehicle is within an area delineated under this regulation as an area in which vehicles may be parked; or (b) the vehicle is being loaded or unloaded. (3) A person must not park a vehicle in an area delineated under this regulation as an area in which vehicles displaying a permit issued by the CE or the relevant port operator may be parked unless a valid permit is displayed in the vehicle and the vehicle is parked in accordance with the terms of that permit. 51—Removal of vehicles (1) If a vehicle is parked in contravention of this Division and a port management officer believes on reasonable grounds that the vehicle is obstructing the proper use of a place to which this Division applies, or that it constitutes a risk to the safety of persons or property, the port management officer may cause the vehicle to be removed to a convenient place (but this does not empower the port management officer to break into the vehicle). (2) The cost of removing the vehicle may be recovered as a debt from the owner of the vehicle or the person who parked the vehicle in contravention of this Division by— (a) if the port management officer was an officer or employee of a port operator (other than the Minister)—the port operator; or (b) in any other case—the CE. 52—Signs (1) A sign erected on or in the vicinity of a place to which this Division applies that appears to have been erected for the purposes of this Division will, in the absence of proof to the contrary, be taken to have been erected in accordance with this Division. (2) A sign erected by the CE, the Minister, the department or a port operator on or in the vicinity of a place to which this Division applies before the commencement of the repealed regulations will be regarded as having been erected in accordance with this Division. (3) In determining the meaning of a direction displayed on a sign under this Division, regard must be given to the characteristics of the surrounding physical environment, including any pavement markings. (4) In a direction displayed on a sign erected under this Division— maximum axle load, in relation to a vehicle, means the weight of the vehicle (including its load and the weight of the axle and wheels) borne by any axle of the vehicle; maximum wheel load, in relation to a vehicle, means the weight of the vehicle (including its load) borne by any wheel of the vehicle; permit means a permit issued by the CE or a port operator under this Division. 53—Permits (1) The CE or relevant port operator may issue permits for the purposes of this Division subject to such conditions as the CE or port operator thinks fit (including a condition fixing a fee to be paid to the CE or port operator). (2) The CE or relevant port operator may cancel a permit issued under this Division by written notice to the holder of the permit. (3) For the purposes of this Division, a permit is displayed in a vehicle only if the permit is displayed on the inside of the windscreen on the side opposite to the driver's position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit is easily legible to a person standing beside the vehicle. (4) A port management officer may require a person apparently acting in a manner for which a permit is required under this Division to produce the permit for inspection immediately or at a specified place and within a specified period. 54—Evidence In any proceedings for an offence against this Division, an allegation in a complaint— (a) that a sign or marking was erected or made in accordance with this Division; or (b) that a specified person was the driver of a specified vehicle at the time of an alleged offence; or (c) that a specified vehicle was driven or parked in a specified manner or place at a specified time; or (d) that a specified person held or did not hold a permit under this Division; or (e) that a specified permit issued under this Division was subject to specified conditions, will, in the absence of proof to the contrary, be proof of the matters so alleged.

Division 4—Records 55—Notice of entry (1) The owner or operator of a commercial vessel must, as soon as practicable after arrival of the vessel at a port, deliver a notice of entry to the relevant port operator. (2) A notice of entry— (a) must be made in a manner and form determined by the relevant port operator; and (b) must be signed by the operator of the vessel. 56—Certain papers to be produced (1) The operator of a commercial vessel must, at the request of a port management officer, produce the prescribed papers in respect of the vessel to the relevant port operator. (2) Subregulation (1) does not apply in relation to a vessel that trades only within the jurisdiction if the prescribed papers in respect of the vessel have been produced to the relevant port operator in the previous 6 months. prescribed papers means— (a) in the case of an Australian registered vessel—the certificate of survey issued in respect of the vessel; or (b) the certificate of registration issued in respect of the vessel; or (c) in the case of a foreign registered vessel—a document issued in respect of the vessel corresponding to a certificate of survey. 57—Notice of leaving A person must not, without the approval of the relevant port operator, remove a commercial vessel of more than 35 m in length from a wharf, mooring or anchorage in a port. 58—Cargo manifests (1) A manifest relating to cargo unloaded from a commercial vessel in a port must be given to the relevant port operator within 3 days after arrival of the vessel. (2) A manifest relating to cargo loaded on to a commercial vessel in a port must be given to the relevant port operator within 7 days after departure of the vessel. (3) A manifest— (a) must be made in a manner and form determined by the relevant port operator; and (b) if it is in writing, must be in English and must be legible; and (c) must include, at least, the following information (given, if the relevant port operator so requires, by reference to codes or descriptions specified by the port operator): (i) the name of the vessel and the number assigned to the vessel by the International Maritime Organization; (ii) a description of the voyage being undertaken by the vessel; (iii) a description of the cargo (including the mass and volume of the cargo) sufficient for the purposes of calculating the charges payable to the port operator in respect of the cargo; (iv) if the cargo includes a container— (A) the number, type and dimensions of the container; and (B) details of the kinds of goods carried in the container; and (C) the gross weight of the goods carried in the container; (v) in the case of a container or other cargo unloaded from the vessel in the port— (A) the port of loading of the container or other cargo; and (B) the country of origin of the packed container or other cargo; and (C) if the country of destination of the packed container or other cargo is Australia—the State or Territory of destination; and (D) if the container or other cargo has been restored on the vessel in the port (with the vessel continuing on the same voyage)—a statement to that effect; and (E) if the container or other cargo has been or will be transhipped (ie reloaded on a vessel undertaking a different voyage) in the port—a statement to that effect; (vi) in the case of a container or other cargo loaded onto the vessel in the port (other than a container or cargo that has been unloaded from that vessel and restowed, with the vessel continuing on the same voyage)— (A) if the container or other cargo has been transhipped (ie unloaded from a vessel undertaking a different voyage and reloaded onto the vessel) in the port—a statement to that effect; and (B) if the country of origin of the packed container or other cargo is Australia—the State or Territory of origin; and (C) the port at which it is intended that the container or other cargo will be unloaded; and (D) the country of destination of the packed container or other cargo; and (d) must be certified as correct by the operator or owner of the vessel. (4) Any alteration or correction of a manifest must be notified to the relevant port operator as soon as possible. (5) If an alteration or correction of a manifest is notified to the relevant port operator when it is not practicable by reason of the movement of the cargo for the alteration or correction to be verified by inspection of the cargo, the alteration need not be taken into account for the purposes of calculating the charges payable to the port operator in respect of the cargo. (6) If a manifest is not received by the relevant port operator in accordance with this regulation, the charges payable to the port operator in respect of the cargo may be calculated on an estimate by the port operator of the size and nature of the cargo plus 10%. (7) If a manifest (or an alteration or correction of a manifest) is not given to the relevant port operator in accordance with this regulation, the operator and the owner of the vessel are each guilty of an offence (but it is a defence to a charge of an offence against this regulation if the defendant proves that the defendant could not, by the exercise of reasonable diligence, have prevented the commission of the offence). (8) A person who views a manifest in the course of official duties connected with the administration of the Act must not divulge the contents of that manifest to any person except in the course of those duties. 59—Production of documents relating to cargo (1) The operator or owner of a commercial vessel must, at the request of a port management officer— (a) produce for inspection and copying all records and documents (including cartnotes, shipping notes and weigh notes) relating to the cargo of that vessel; and (b) provide the reference number for the bill of lading relating to that cargo. (2) A person who views a record or document in the course of official duties connected with the administration of the Act must not divulge the contents of that record or document to any person except in the course of those duties.

Division 5—Pilotage 60—Licensing of pilots—qualifications (1) For the purposes of section 33 of the Act, a person is qualified to be licensed as a pilot if— (a) the person holds— (i) a certificate of competency under the Marine Safety (Domestic Commercial Vessel) National Law of a kind specified by the CE for the purposes of this paragraph that is in force; or (ii) a seafarer's certificate under the Navigation Act 2012 of the Commonwealth; or (iii) a qualification under the law of some other place recognised under the Marine Safety (Domestic Commercial Vessel) National Law or the Navigation Act 2012 of the Commonwealth as equivalent to such a certificate of competency or seafarer's certificate; and (b) the person has such experience or knowledge in relation to the operation of vessels in the harbor in respect of which the application is made as may be required by the CE, after consultation with the relevant port operator, for the purposes of this paragraph; and (c) the person's eyesight complies with the following requirements: (i) in the case of a person who does not use corrective lenses—the person must be able to read without the aid of corrective lenses all letters on the fifth line of a letter card based on the Snellen principle; (ii) in the case of a person who uses corrective lenses— (A) the person must be able to read with the aid of corrective lenses all letters on the sixth line of the letter card based on the Snellen principle and read without the aid of corrective lenses all letters on the fourth line of the card; and (B) the sight in the person's better eye must not be worse than 6/6 on the basis of the Snellen principle; (iii) the person must not suffer from a progressive eye disorder; (iv) the person must be able to easily distinguish variously coloured lanterns; and (d) the person does not suffer any mental or physical impairment that may, in the opinion of the CE (formed after consultation with the relevant port operator), affect their ability to perform the duties of a pilot. (2) For the purposes of determining whether a person— (a) has the required knowledge in relation to the operation of vessels in the harbor in respect of which an application for a licence is made; or (b) can easily distinguish variously coloured lanterns, the CE may require the person to satisfactorily pass an examination set by the CE. (3) A pass in an examination remains valid for the purposes of this regulation for a period of 12 months from the date of the examination, unless the CE determines otherwise. (4) If a person fails an examination, the CE may determine that no further attempt may be made by that person for a specified period. 61—Duration of pilot's licence A pilot's licence remains in force until— (a) the licensee ceases to be qualified, in accordance with regulation 60, to hold a pilot's licence; or (b) the licensee dies; or (c) the licence is surrendered or cancelled, whichever occurs first. 62—Pilotage exemption certificates (1) Pilotage exemption certificates will be of the following categories: (a) category 1—for vessels up to 65 m in length; (b) category 2—for vessels up to 155 m in length; (c) category 3—for vessels up to 185 m in length. (2) Subject to this regulation, the CE may issue a pilotage exemption certificate to the operator of a vessel in respect of a particular harbor or harbors if— (a) the operator holds a certificate of competency for a vessel of the length appropriate to the category of certificate applied for; and (b) the operator has undertaken a qualifying voyage or voyages as follows: (i) in the case of an applicant for a category 1 certificate who does not hold a current pilotage exemption certificate of any category—the operator has undertaken, as operator of a vessel over 35 m in length— (ii) in the case of an applicant for a category 2 or 3 certificate who does not hold a current pilotage exemption certificate of any category—either— (A) the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category— • 1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and • 1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or (B) the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category— • 2 qualifying exit voyages during daylight hours, and, as first mate (actively on duty on the bridge of the vessel) of such a vessel— • 3 qualifying exit voyages during daylight hours; (iii) in the case of an operator who holds a current pilotage exemption certificate of another category—the operator has undertaken, as operator of a vessel of at least the length appropriate to the new category sought— (iv) in the case of an operator who applies for an endorsement for night navigation— (A) if the application is for a category 1 certificate—the operator has undertaken— • 1 further qualifying entry voyage of the kind required for the certificate but during the hours of darkness; and • 1 further qualifying exit voyage of the kind required for the certificate but during the hours of darkness; (B) if the application is for a category 2 or 3 certificate—the operator has undertaken— • 3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and • 3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and (c) the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot. (3) The CE may only issue a pilotage exemption certificate in respect of a harbor for which there is a port operator after consultation with the port operator. (4) Without limiting subregulation (2) and subject to this regulation, the CE may issue a pilotage exemption certificate (a special pilotage exemption certificate) to the operator of a vessel in respect of a particular vessel over 185 m in length and in respect of a particular harbor if— (a) the operator holds a certificate of competency appropriate to the vessel; and (b) the operator has undertaken a qualifying voyage or voyages as follows: (i) the operator has undertaken— (A) as operator of a vessel of not less than the length of the relevant vessel— • 1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and • 1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or (B) as operator of a vessel of not less than the length of the relevant vessel— • 2 qualifying exit voyages during daylight hours, and, as first mate (actively on duty on the bridge of the vessel) of such a vessel— • 3 qualifying exit voyages during daylight hours; (ii) in the case of an operator who holds a current pilotage exemption certificate of category 1, 2 or 3—the operator has undertaken, as operator of a vessel of at least the length of the relevant vessel— (iii) in the case of an operator who applies for an endorsement for night navigation—the operator has undertaken— (A) 3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and (B) 3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and (c) the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot. (5) The CE may only issue a special pilotage exemption certificate in respect of a harbor for which there is a port operator on the recommendation of the port operator. (6) If the CE is satisfied that it is impracticable for an applicant for a category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage. (7) The CE may specify in a category 3 pilotage exemption certificate or special pilotage exemption certificate that the certificate is limited to vessels of a lesser length if the CE considers that appropriate in relation to the harbor or section of harbor to which the application for the certificate relates. (8) A category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate operates only in respect of navigation during daylight hours unless it is endorsed for night navigation. (9) A category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate (during daylight hours or the hours of darkness) for a period of not less than— (a) in the case of a category 1 certificate—12 months; or (b) in the case of a category 2 or 3 certificate—6 months; or (c) in the case of a special pilotage exemption certificate—6 months. (10) An endorsement for night navigation on a pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate during the hours of darkness for a period of not less than— (a) in the case of a category 1 certificate—12 months; or (b) in the case of a category 2 or 3 certificate—6 months; or (c) in the case of a special pilotage exemption certificate—6 months, (but, to avoid doubt, nothing in this subregulation prevents the holder of the certificate from navigating vessels pursuant to the certificate during daylight hours). 63—Duration and renewal of pilotage exemption certificates (1) Subject to the Act and these regulations, a pilotage exemption certificate remains in force for 2 years and may be renewed, in accordance with any procedure determined by the CE, for successive periods of 2 years. (2) The CE must, on application made in accordance with these regulations, renew a pilotage exemption certificate if satisfied— (a) that the applicant complies with any eyesight and medical standards required for the issue of a pilot's licence; and (b) that the applicant has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force. (3) Despite subregulation (2), the CE may renew a pilotage exemption certificate that has ceased to be in force pursuant to regulation 62(9), or that has expired, if— (a) less than 2 years has elapsed since the certificate ceased to be in force or expired; and (b) subject to this regulation, the CE is satisfied that the applicant has undertaken the following qualifying voyages in the period since the certificate ceased to be in force or expired: (i) if the application relates to a category 1 certificate—the applicant has undertaken, as operator of a vessel over 35 m in length— (A) 1 qualifying entry voyage during daylight hours; and (B) 1 qualifying exit voyage during daylight hours; and (C) if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness; (ii) if the application relates to a category 2 or 3 certificate—the applicant has undertaken, as operator of a vessel of not less than the length appropriate to the category of certificate— (A) if the period since the applicant last navigated a vessel pursuant to the certificate is less than 12 months— • 1 qualifying entry voyage during daylight hours; and • 1 qualifying exit voyage during daylight hours; and • if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness; or (B) if the period since the applicant last navigated a vessel pursuant to the certificate is 12 months or more but less than 24 months— • 2 qualifying exit voyages during daylight hours; and • if the application includes an application for an endorsement for night navigation—2 further qualifying entry voyages during the hours of darkness and 2 further qualifying exit voyages during the hours of darkness; or (C) if the period since the applicant last navigated a vessel pursuant to the certificate is 24 months or more— • if the application includes an application for an endorsement for night navigation—3 further qualifying entry voyages during the hours of darkness, and 3 further qualifying exit voyages during the hours of darkness; and (c) the CE is satisfied that the applicant has visited the harbor, or the section of the harbor, in respect of which the application is made and satisfactorily updated their knowledge of the harbor and traffic in the harbor. (4) If the CE is satisfied that it is impracticable for an applicant for renewal of a pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage. 64—Application for pilot's licence or pilotage exemption certificate (1) An application for a pilot's licence, pilotage exemption certificate or renewal of a pilotage exemption certificate— (b) must specify the harbor or the section of the harbor in respect of which the licence or certificate is sought; and (c) in the case of an application for a pilotage exemption certificate or renewal of a pilotage exemption certificate—must specify whether or not the applicant requires endorsement for night navigation; and (d) must be accompanied by the fee (if any) fixed by Schedule 11. (2) An applicant for a pilot's licence or pilotage exemption certificate must provide to the satisfaction of the CE— (a) a reference from a suitable person as to the character of the applicant; and (b) proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and (c) proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and (d) any other information or records that the CE reasonably requires for the purpose of determining the application. (3) An applicant for renewal of a pilotage exemption certificate must provide to the satisfaction of the CE— (a) proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and (b) proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and (c) a statement setting out and certifying— (i) the date on which the person last navigated a vessel pursuant to the certificate and giving details of the voyage concerned; and (ii) that the person has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force; and (d) any other information or records that the CE reasonably requires for the purpose of determining the application. 65—Replacement licences and certificates (1) A replacement pilot's licence or pilotage exemption certificate must not be issued unless the original (or previous duplicate) licence or certificate is returned to the CE or the CE is satisfied that the licence or certificate has been lost, stolen or destroyed. (2) A replacement pilotage exemption certificate will only be issued on payment of the fee (if any) fixed by Schedule 11. 66—Obligations of pilot or master A person who holds a pilot's licence or pilotage exemption certificate must— (a) on receiving the licence or certificate, sign it; and (b) notify the CE as soon as practicable of— (i) any change of their name or address; or (ii) any physical or mental impairment that may affect their ability to navigate a vessel. 67—Records to be kept by holder of pilotage exemption certificate A person who holds a pilotage exemption certificate must keep a record of each occasion on which they navigate a vessel pursuant to the certificate (including the dates of the voyages concerned and the name of the vessel navigated). 68—Compulsory pilotage Section 35 of the Act applies in the following harbors: (a) Port Adelaide; The pilot station is 2 nautical miles south‑west of the channel entrance beacon latitude 34°48.23′ South, longitude 138°20.81′ East. (b) Port Augusta; The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East. (c) Port Bonython; The pilot station is 1.1 nautical miles south‑south‑west of the Port Bonython entrance beacon latitude 33°10.00′ South, longitude 137°39.20′ East. (d) Port Giles; The pilot station is 2.5 nautical miles east of the seaward end of Port Giles Jetty latitude 35°01.4′ South, longitude 137°49.1′ East. (e) Port Lincoln; The pilot station is 1.5 nautical miles east‑south‑east of Boston Point Light latitude 34°39.6′ South, longitude 135°57.85′ East. (f) Port Pirie; The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East. (g) Thevenard; The pilot station is 1 nautical mile south‑west of the entrance beacon latitude 32°12.6′ South, longitude 133°33.7′ East. (h) Wallaroo; The pilot station is 1.5 nautical miles west of the channel entrance beacon latitude 33°54.5′ South, longitude 137°31.6′ East. (i) Whyalla. The pilot station is 1.5 nautical miles south‑east of the entrance beacon latitude 33°03.8′ South, longitude 137°38.8′ East.

Part 8—Certificates of competency etc

Division 1—Applications under this Part 69—Application for boat operator's licence etc (1) This regulation applies to the following applications: (a) an application for a boat operator's licence; (b) an application for a special permit; (c) an application for recognition of experience or qualifications; (d) an application for an exemption from the requirement to hold a boat operator's licence; (e) an application for an exemption from the obligation to sit an examination for a boat operator's licence. (2) An application to which this regulation applies— (i) documentary proof, to the satisfaction of the CE, of the identity of the applicant; and (ii) such other information and records as the CE may reasonably require; and (iii) the fee (if any) fixed by Schedule 11. 70—Exemptions from section 47 of Act For the purposes of section 47(3) of the Act, the following persons are exempt from the requirement to hold a boat operator's licence: (a) a person who holds a temporary boat operator's licence issued under this Division; (b) a person who is at least 12 years of age and who is operating a vessel (other than a personal watercraft) at a speed of 10 knots or less under the direct supervision of a person who holds a boat operator's licence or a temporary boat operator's licence; (c) a person who— (i) is usually resident in another State or a Territory of the Commonwealth; and (ii) either— (A) holds a licence, permit or other document issued under the law of another State or a Territory of the Commonwealth authorising the person to operate a vessel of a kind to which Part 7 of the Act would apply if the vessel were in this State; or (B) is entitled, under a law of another State or a Territory of the Commonwealth recognised by the CE for the purposes of this paragraph, to operate a vessel of a kind to which Part 7 of the Act would apply if the vessel were in this State, during a period of 90 days after the day on which the person first operates a vessel in the jurisdiction while visiting this State; (d) a person who is of or above 16 years of age and who is operating a motorised canoe or kayak in protected or semi‑protected waters. 71—Requirements for applicants for boat operator's licence (1) For the purposes of section 48(2) of the Act, an applicant for a boat operator's licence must satisfy the following requirements: (a) the applicant must be at least 16 years of age; (b) the sight in the applicant's better eye must not be worse than 6/18 on the basis of the Snellen principle; (c) the applicant must not suffer any mental or physical impairment that may affect their ability to operate or undertake duties on a vessel pursuant to a boat operator's licence; (d) the applicant must satisfactorily pass any practical, written or oral examination set by the CE for the purposes of this subregulation. (2) An applicant will be taken to meet the required eyesight and medical standards if the applicant meets the standards required for obtaining a motor vehicle driver's licence. (3) A pass in an examination remains valid for the purposes of the issue of a boat operator's licence for a period of 6 months from the date of the examination (unless the CE determines otherwise). (4) If a person fails an examination, the CE may determine that no further attempt may be made by that person until after a specified interval of time. (5) Despite subregulation (1), the CE may issue a boat operator's licence to a person who fails to meet an eyesight or other medical standard required under that subregulation if the CE is satisfied that the person can satisfactorily perform the duties required of the holder of a licence. 72—Endorsement of boat operator's licence (1) The CE may, at any time by written notice, endorse a boat operator's licence with a condition based on an eyesight or medical standard required by these regulations, subject to which the holder may perform the duties normally authorised by the licence. (2) The CE may, for the purposes of the endorsement of a boat operator's licence under subregulation (1), require an applicant for a licence or the holder of a licence to meet such standards as the CE thinks fit. (3) The holder of a boat operator's licence must, in operating a vessel, comply with an endorsement on their licence. (4) For the purposes of this regulation, a reference to a boat operator's licence includes a reference to a qualification under the law of some other place declared under these regulations to be equivalent to a boat operator's licence. 73—Special permits (1) For the purposes of section 47(3), (3a) and (4) of the Act, the CE may issue a special permit to operate a vessel to a person who is not more than 15 years of age. A special permit is not a boat operator's licence. (2) An applicant for a special permit must satisfactorily pass any practical, written or oral examination set by the CE for the purpose. (3) A special permit authorises the holder— (a) to operate a vessel that is less than 4 m in length and has a potential speed of 10 knots or less without supervision; and (b) to operate any other vessel (other than a personal watercraft) under the direct supervision of a person who holds a boat operator's licence or a temporary boat operator's licence. (4) A special permit may be issued subject to such conditions as the CE thinks fit. (5) The holder of a special permit who contravenes a condition of the permit is guilty of an offence. 74—Issue of temporary boat operator's licence (1) The CE may issue a temporary boat operator's licence to an applicant for a boat operator's licence, pending full determination of the application, if satisfied that— (a) the application for a boat operator's licence has been properly made in accordance with this Part; and (b) the applicant satisfies the requirements specified in regulation 71(1); and (c) the applicant is a fit and proper person to hold a boat operator's licence. (2) A temporary boat operator's licence may be issued subject to such conditions as the CE thinks fit. (3) A holder of a temporary boat operator's licence must not contravene a condition of the licence. (4) A temporary boat operator's licence remains in force— (a) for a period of 1 month; or (b) until the relevant application for a boat operator's licence is determined, whichever period is shorter. 75—Obligations of holder of boat operator's licence or special permit (1) A person who holds a boat operator's licence or special permit must sign the licence on receiving it. (2) A person who holds a boat operator's licence or special permit must notify the CE within 14 days of— (a) any change in their name or address; or (b) any physical or mental impairment that may affect their capacity to operate a vessel. 76—Replacement boat operator's licence or special permit (1) A replacement boat operator's licence or special permit must not be issued unless the original (or previous replacement) licence or permit is returned to the CE or the CE is satisfied that the licence or permit has been lost, stolen or destroyed. (2) A replacement boat operator's licence or special permit will only be issued on payment of the fee (if any) fixed by Schedule 11.

Division 2—Recognition of experience and qualifications etc 77—Equivalent experience and qualifications etc (1) If the CE is satisfied that a person who applies to be examined for the issue of a boat operator's licence has experience, training or educational qualifications that substantially comply with the requirements of these regulations as to experience and the passing of examinations, the CE may, to the extent that they think fit, accept that experience or training or those educational qualifications as a substitute for compliance with those requirements. (2) The acceptance of experience, training or educational qualifications by the CE under subregulation (1) may be subject to such conditions or additional requirements as the CE thinks fit. 78—Recognition of other qualification as equivalent of certificate of competency (1) The CE may, by written notice, declare a qualification under the law of some other place to be equivalent to a boat operator's licence. (2) A declaration under subregulation (1) may be conditional or unconditional. (3) The CE may, for the purposes of a declaration under subregulation (1), require the holder of the qualification to meet such requirements as to— (a) age; and (b) eyesight and other medical standards; and (c) experience; and (d) the satisfactory completion of courses or passing of examinations, as the CE thinks fit.

Part 9—Registration, hull identification numbers and Australian Builders Plates 79—Interpretation registration includes renewal of registration. Division 2—Registration

Subdivision 1—Registration of vessels 80—Application for registration (1) An application for registration of a vessel— (b) must correctly state— (i) the full name of the owner of the vessel; and (ii) if the owner of the vessel is an individual, the address at which the owner is ordinarily resident; and (iii) if the owner of the vessel is a body corporate, the address of the principal place of business in this State of the body corporate; and (c) must be accompanied by— (2) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. 81—Grant of registration (1) Subject to this regulation, if a person applies for registration of a vessel in accordance with these regulations, the CE must grant the application unless satisfied that the vessel— (a) is not structurally sound or does not conform with the requirements of these regulations; or (b) does not have the equipment required by these regulations or that the equipment is not in working order; or (c) is unsafe; or (d) has been stolen or unlawfully obtained. (2) The CE may renew the registration of a vessel despite the registration having expired. (3) The CE may only register a vessel in the name of— (a) an individual who is of or above 16 years of age; or (b) a body corporate. (4) The CE must not— (a) grant the initial application to register a vessel under this Subdivision; or (b) grant an application to transfer the registration of a vessel under regulation 84; or (c) renew the registration of a vessel in a different name to the name in which the vessel is registered, unless the CE is satisfied— (d) that HIN plates have been fixed to the hull of the vessel (or, in the case of a multihulled vessel, to 1 of the hulls of the vessel) in accordance with Subdivision 6; or (e) that— (i) letters and numbers identifying the vessel in a form approved by the CE have been fixed in accordance with a law of another State or Territory of the Commonwealth or of another country that corresponds with Subdivision 6; and (ii) those letters and numbers have been recorded against the vessel by the appropriate authority pursuant to that law. (5) Subregulation (4) does not apply if— (a) more than 1 person is registered as the owner of a vessel; and (b) an application is made to— (i) transfer the registration to 1 or more of those registered owners under regulation 84; or (ii) renew the registration in the name of 1 or more of those registered owners (being a different name or names to those in which the vessel is currently registered). (6) The CE may refuse to register a vessel pending investigations (which may include inspection of the vessel) to verify any information disclosed in the application or any evidence provided by the applicant in response to a requirement of the CE. (7) If, on investigation under this regulation, the CE finds that any information disclosed in the application or any evidence provided by the applicant in response to a requirement of the CE is incorrect, the CE may refuse to register the vessel. (8) The CE may register a vessel under this Subdivision— (a) in the case of a personal watercraft—for a period of 6 or 12 months (at the option of the applicant); or (b) in the case of a vessel not more than 7 m in length—for a period of 6 or 12 months (at the option of the applicant); or (c) in the case of a vessel more than 7 m in length—for a period of 12 months. (9) Subject to these regulations, the registration of a vessel under this Subdivision remains in force until the last day of the period for which it was registered (and the registration may be renewed in accordance with any procedure determined by the CE). The fees for renewal of registration are set out in Schedule 11. (10) The CE may fix a common expiry date in respect of the registration of a number of vessels owned by the same person and may fix registration periods of such length, and adjust registration fees, as may be necessary for that purpose. 82—Certificate of registration The CE must, on registering a vessel under this Subdivision, issue a certificate of registration to the applicant for registration. 83—Marking of vessel (1) The CE must, on registering a vessel under this Subdivision, assign an identification mark to the vessel (if a mark has not already been assigned). (2) The CE may, at any time on the CE's own initiative or on application by the registered owner of a vessel, assign a new identification mark in substitution for a mark previously assigned and, on doing so, must issue a new certificate of registration. (3) An application for assignment of a new identification mark— (4) A vessel registered under this Subdivision must, as soon as practicable and in any event within 14 days of registration, have its identification mark painted or otherwise displayed as high as practicable on the outside of each bow, or in such other positions as are approved by the CE, as follows: (a) the identification mark must be in a colour that contrasts with the surface on which it is painted or displayed; (b) in the case of numbers included in the identification mark—the numbers must be in figures; (c) all characters in the identification mark must be at least— (i) if the vessel is less than 3 m in length—100 mm in height; or (ii) if the vessel is 3 m or more in length— (A) in the case of a personal watercraft—100 mm in height; or (B) in any other case, subject to any determination of the CE to the contrary—150 mm in height; (d) the identification mark must be clearly legible at a distance of not less than 50 m in clear weather conditions while the vessel is underway. (5) If the identification mark of a vessel is substituted, the new mark must be displayed on the vessel in accordance with this regulation— (a) if the reason for the substitution is a proposed transfer of ownership of the vessel—as soon as practicable but in any event before ownership of the vessel is transferred; or (b) in any other case—as soon as practicable. (6) A vessel must not be marked with— (a) the identification mark of another vessel; or (b) a mark that could be mistaken for an identification mark of another vessel. (7) If a vessel is marked in contravention of subregulation (6), the owner of the vessel is guilty of an offence. (8) If a vessel that is marked in contravention of subregulation (6) is operated in the jurisdiction, the operator of the vessel is guilty of an offence. 84—Transfer of registration (1) If ownership of a registered vessel is transferred, the new owner must, within 14 days of the transfer, or within such longer period as the CE may allow, give written notice to the CE of the change in the registered owner's name or address. (2) A person may apply for the registration of a vessel that is unexpired to be transferred to the new owner of a vessel. (3) An application for transfer of registration— (b) subject to subregulation (4), must be accompanied by— (4) Without limiting the power of the CE to waive or reduce fees under these regulations, the CE must, if they are satisfied that an application for transfer of registration of a vessel has been lodged only for the purpose of transferring registration of the vessel into the name of 1 or more of the vessel's joint owners following the death of a joint owner of the vessel, waive the fee fixed by Schedule 11 in respect of the application. (5) Subject to this Division, if a person applies for transfer of registration of a vessel in accordance with this regulation, the CE must grant the application. However, the CE must not grant the application unless HIN plates are fixed to the vessel in accordance with Subdivision 6—see regulation 81(4). 85—Refund of registration fees If registration of a vessel under this Subdivision is refused, the registration fee paid on application for registration will be refunded to the applicant less any amount accountable to a period of temporary registration (rounded to the nearest dollar). 86—Replacement certificates of registration (1) The CE must not issue a replacement certificate of registration in respect of a vessel unless— (a) the original (or previous replacement) certificate for the vessel has been returned to the CE; or (b) the CE is satisfied that the certificate has been lost, stolen or destroyed. (2) A replacement certificate of registration will only be issued on payment of the fee (if any) fixed by Schedule 11. 87—Notification of change of name or address The registered owner of a vessel must give written notice to the CE within 14 days of any change in the registered owner's name or address.

Subdivision 2—Temporary registration 88—Temporary registration (1) The CE may, pending determination of an application for registration under Subdivision 1, grant temporary registration of a vessel. (2) Temporary registration of a vessel under this regulation— (a) remains in force— (i) until the application for registration is determined; or (ii) for a period, not exceeding 21 days, specified in the certificate of temporary registration, whichever period is shorter; and (b) may be granted on such conditions as the CE thinks fit. (3) The CE must, on registering a vessel under this regulation, issue to the applicant for registration a certificate of temporary registration. (4) If a vessel that is registered under this regulation is operated in the jurisdiction contrary to any condition of such registration, the owner of the vessel, and the operator of the vessel, are each guilty of an offence (but it is a defence to a charge of such an offence brought against the owner for the owner to prove that the vessel was operated without the owner's consent).

Subdivision 3—Cancellation of registration etc 89—Cancellation of registration or temporary registration (1) The CE may, by written notice, cancel the registration, or temporary registration, of a vessel under these regulations— (a) if satisfied— (i) that the registration or temporary registration was obtained improperly; or (ii) that the vessel was, at the time that it was registered or temporarily registered, stolen or unlawfully obtained; or (iii) that the vessel has been destroyed or is no longer operational; or (iv) that the vessel is no longer of a class that must be registered under these regulations; or (b) on application by the registered owner of the vessel made in a manner and form determined by the CE. (2) The CE must not, under subregulation (1)(b), cancel the registration of a vessel in relation to which a registration certificate has been issued unless the certificate has been returned to the CE or the CE is satisfied that the certificate has been lost, stolen or destroyed. (3) If registration of a vessel is cancelled under subregulation (1)(b), the proportion of the registration fee corresponding to the unexpired period of registration less the cancellation fee (if any) fixed by Schedule 11 (rounded to the nearest dollar) will be refunded to the applicant. A levy payable under Part 13 is not refundable on cancellation of registration under this regulation. 90—Return of certificate of registration (1) The CE may, by written notice, require the registered owner of a vessel to return the certificate of registration of the vessel by a specified date— (a) if the registration of the vessel is cancelled; or (b) if the CE wishes to issue a replacement certificate (including a replacement issued for the purposes of substituting the identification mark of the vessel). (2) A person who fails to comply with a requirement of the CE under this regulation is guilty of an offence.

Subdivision 4—Exemptions from requirement that vessel be registered 91—Application for exemption (1) For the purposes of section 55(3) of the Act, the following provisions apply in relation to an application for an exemption from the requirements of that section: (a) the applicant must be— (i) an individual who is of or above 16 years of age; or (ii) a body corporate; (b) the application must be made to the CE in a manner and form determined by the CE; (c) the application must correctly state— (i) the full name of the owner of the vessel; and (ii) — (A) if the owner of the vessel is an individual—the address at which the owner is ordinarily resident and, in the case of an application for an exemption in a business name, the address of the principal place of business at which the owner carries on business in that business name; or (B) if the owner of the vessel is a body corporate—the address of the principal place of business in this State of the body corporate; (d) the application must be accompanied by— (2) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. 92—Exemptions from requirement to be registered and marked (1) A vessel is not required to be registered and marked in accordance with these regulations if— (a) — (i) the vessel is registered under the law of another State or a Territory of the Commonwealth and is marked in accordance with that law; and (ii) not more than 90 days have passed since the day on which the vessel was first operated after being brought into the jurisdiction; or (b) — (i) the vessel is owned by a person to whom the CE has issued trade plates; and (ii) all conditions on which the trade plates have been issued by the CE have been, and are being, complied with; and (iii) a pair of trade plates and a trade plate label issued by the CE are affixed to the vessel in accordance with Subdivision 5; or (c) the vessel is a motorised canoe or kayak being operated in protected or semi‑protected waters. (2) If the owner or operator of a vessel that is exempt under subregulation (1)(a) from the requirement to be registered is requested by an authorised person to produce satisfactory evidence of registration of the vessel under the law of another State or a Territory of the Commonwealth, the owner or operator must produce that evidence either— (a) immediately to the person who made the request; or (b) within 48 hours after the making of the request, at a police station or office of the department conveniently located for the owner or operator, specified by the authorised person at the time of making the request. (3) In any legal proceedings, a document apparently signed by the Commissioner of Police and certifying that evidence has not been produced as required by this regulation is, in the absence of proof to the contrary, proof of the matter so certified.

Subdivision 5—Trade plates 93—Trade plates (1) A person is exempt from the operation of section 55 of the Act in respect of a vessel that is not registered and marked in accordance with these regulations if the person— (a) has been issued trade plates under this regulation; and (b) the trade plates are in force; and (c) the person operates the vessel in accordance with any condition imposed in relation to the trade plates under this regulation. (2) The CE may, on the application of a person, issue trade plates to the person if satisfied that the person is engaged in a business in which trade plates are reasonably required for 1 or more of the following purposes: (a) demonstration of a vessel to a prospective purchaser; (b) testing of a vessel prior to delivery of the vessel to a purchaser of the vessel; (c) testing of a vessel in the course of repairs or servicing or the making of alterations or additions to the vessel; (d) demonstration of a vessel while the vessel is on display at a boating show or other similar event. (3) An application for trade plates— (4) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. (5) Trade plates may be issued subject to such conditions as the CE thinks fit and specifies in the certificate of issue of trade plates. (6) The CE may, by written notice to the holder of trade plates, vary or revoke a condition of the trade plates. (7) A person who holds trade plates must not contravene a condition of the trade plates. (8) The CE may, by written notice to the holder of trade plates, cancel the trade plates for breach of a condition. (9) Subject to this regulation, trade plates remain in force for a period of 12 months (and may be renewed, in accordance with any procedures determined by the CE for further periods of 12 months). (10) The CE must, on issuing trade plates to an applicant, also issue to the applicant— (a) a certificate of issue of trade plates; and (b) a trade plate label. (11) Trade plates and a trade plate label must be affixed to a vessel as follows: (a) 1 plate must be securely fixed to the forepart of each side of the vessel; (b) the trade plate label must be affixed on to the trade plate that is on the starboard side of the vessel, aligned with that edge of the trade plate that is closest to the stern of the vessel; (c) the plates must be fixed to the vessel in such a manner that every figure and letter on the plate is clearly visible and legible up to a distance of at least 50 m in clear weather conditions while the vessel is underway. (12) The holder of trade plates may surrender them to the CE at any time. (13) If the holder of trade plates ceases to carry on the business in relation to which the plates were issued, the person must, within 7 days of ceasing to carry on that business— (a) surrender the plates to the CE; and (b) if the business is purchased or acquired by another person—notify the CE in writing of the name and address of that other person and the date of the sale or acquisition. (14) If the holder of trade plates surrenders the trade plates to the CE under this regulation, the CE must refund to the person the proportion of the fee paid for issue of the plates corresponding to the unexpired period of their remaining in force, less the fee (if any) fixed by Schedule 11 for surrender of the plates (the total refundable amount being rounded to the nearest dollar). 94—Return of trade plates, certificates of issue of trade plates or trade plate labels (1) The CE may, by written notice, require the holder of trade plates to return the trade plates, a certificate of issue of trade plates or a trade plate label by a specified date— (a) if the relevant trade plates are cancelled or otherwise cease to be in force; or (b) if the CE wishes to issue replacement trade plates, certificate of issue of trade plates or trade plate label. (2) A person who fails to comply with a requirement of the CE under this regulation is guilty of an offence. 95—Replacement trade plates, certificates of issue of trade plates or trade plate labels (1) The CE must not issue replacement trade plates, certificates of issue of trade plates or trade plate labels unless— (a) the original (or previous replacement) trade plates, certificate or label has been returned to the CE; or (b) the CE is satisfied that the trade plates, certificate or label have been lost, stolen or destroyed. (2) Replacement trade plates, certificates of issue of trade plates or trade plate labels will only be issued on payment of the fee (if any) fixed by Schedule 11.

Subdivision 6—Hull identification numbers (HIN) 96—Interpretation (1) In this Subdivision— boat code agent means a person whose appointment as a boat code agent under this Subdivision is in force; boat code examiner means a person whose approval as a boat code examiner under this Subdivision is in force; business day means every day except— (a) Saturday, Sunday or a public holiday; or (b) a day which falls between 25 December in 1 year and 1 January in the following year; HIN means a series of letters and numbers that identify the vessel to which they are attached or on which they are inscribed and that— (a) indicate that the vessel is registered in Australia; and (b) identify the authority that issued the HIN; and (c) identify the boat code agent who fixed the HIN plate to the vessel; and (d) identify the year in which the HIN plate was fixed; HIN plate means a plate issued by the CE on which part of a HIN is inscribed at the time of issue. (2) For the purposes of this Subdivision— (a) a reference to fixing a HIN plate to a vessel includes a reference to the forming of the letters and numbers comprising a HIN into the fabric of the hull of a vessel in the course of manufacturing it; and (b) a reference to a HIN plate includes (if the context permits) a reference to a HIN that is not inscribed on a plate but is, or is to be, formed into the fabric of the hull of a vessel. 97—Fixing HIN plates to vessels (1) Only— (a) a boat code agent; or (b) a boat code examiner acting on behalf of the boat code agent by whom they are employed, may fix a HIN plate to a vessel. (2) A person who is not a boat code agent, or a boat code examiner acting on behalf of the boat code agent by whom they are employed, who fixes a HIN plate to a vessel is guilty of an offence. (3) A person, whether a boat code agent or a boat code examiner or not, who fixes anything to a vessel that appears to be a HIN plate, but is not a HIN plate, is guilty of an offence. (4) Two HIN plates must be fixed to the hull of each vessel (or, in the case of a multihulled vessel, to 1 of the hulls of the vessel). (5) One plate must be fixed by the boat code agent— (a) in the case of a vessel that has a transom—on the outside of the starboard side of the transom so that— (i) the top edge of the plate is not more than 50 mm below the top edge of the transom; and (ii) the plate is clearly visible; (b) in the case of a vessel that does not have a transom—on the outside of the starboard side of the vessel's hull as close as reasonably practicable to the stern of the vessel so that— (i) the top edge of the plate is not more than 50 mm below the top of the gunwale; and (ii) the plate is clearly visible. (6) The other HIN plate must be fixed by the boat code agent— (a) in a position on the inside of the vessel's hull that is not likely to be found without searching; and (b) to a part of the hull— (i) that is not likely to be damaged in the normal course of using the vessel; and (ii) that can not be easily removed. (7) HIN plates must be fixed to the hull of a vessel— (a) in a manner that prevents removal of the plate without causing visible damage to the vessel; and (b) in accordance with written directions (if any) of the CE that are in force for the time being. (8) Before fixing a HIN plate to the hull of a vessel the boat code agent must add the letters and numbers to complete the HIN on the plate in accordance with the directions of the CE under regulation 101. (9) A HIN plate must not be fixed to a commercial vessel or a vessel without an engine (however a HIN plate may be fixed to a vessel in the course of manufacturing it if it is designed to be fitted with an engine). (10) A boat code agent must not fix HIN plates to a vessel that is not registered, or temporarily registered, under these regulations. (11) Subregulation (10) does not apply in the following circumstances: (a) a boat code agent who carries on the business of dealing in new or used vessels may fix HIN plates to a vessel supplied to them in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered; (b) a boat code agent, whether they carry on the business of dealing in new or used vessels or not, may, at the request of a person who does carry on that business, fix HIN plates to a vessel supplied to the dealer in the course of carrying on that business despite the fact that the vessel is not registered or temporarily registered; (c) a boat code agent who manufactures vessels may— (i) fix HIN plates to a vessel; or (ii) form the letters and numbers comprising a HIN into the fabric of the hull of a vessel, in the course of manufacturing it; (d) if a vessel— (i) was previously registered under this Act but is not registered now; and (ii) is still owned by the same person who was last registered as its owner under this Act, a boat code agent may, with the approval of the CE, fix HIN plates to the vessel as though it were registered, or temporarily registered. (12) A boat code agent must not form the letters and numbers comprising a HIN into the fabric of the hull of a vessel after it has been manufactured. (13) A boat code agent must return to the CE HIN plates issued to them by the CE as soon as is reasonably practicable after it becomes certain, or likely, that the boat code agent will not use them for fixing to a vessel. (14) As soon as is reasonably practicable after a boat code agent has formed the letters and numbers comprising a HIN appearing on a HIN plate issued to the agent by the CE into the fabric of the hull of a vessel, the agent must inform the CE in writing of the HIN concerned. 98—Unauthorised removal of a HIN plate A person who removes a HIN plate, or interferes with a HIN plate, without being authorised in writing by the CE to do so is guilty of an offence. 99—Appointment of boat code agents (1) A person may apply to the CE to be appointed as a boat code agent. (2) An application must— (a) be made in a manner and a form determined by the CE; and (b) be accompanied by— (i) such information as the CE may reasonably require; and (3) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. (4) The CE may only grant an application under this regulation if— (a) in the case of an applicant who is an individual—the applicant is of or over 18 years of age and is, in the opinion of the CE, a fit and proper person to hold a licence; or (b) in the case of an applicant who is a body corporate—each director of the applicant is, in the opinion of the CE, a fit and proper person to hold a licence. (5) The appointment of a boat code agent— (a) is subject to such conditions as the CE thinks fit and specifies when the application is granted; and (b) is for such term as is specified by the CE; and (c) may be revoked by the CE at any time by 7 days written notice served on the agent. (6) A boat code agent must carry out their functions as a boat code agent in accordance with any directions given to the agent in writing from time to time by the CE. 100—Boat code examiners (1) If a boat code agent does not fix HIN plates personally to a vessel, they can only fix HIN plates to a vessel through the agency of another person if that person is an employee of the agent and is approved by the CE as a boat code examiner. (2) An application for approval as a boat code examiner must— (a) be made in a manner and a form determined by the CE; and (b) be accompanied by— (i) such information as the CE may reasonably require; and (3) An applicant under this regulation must provide the CE with such further information and records as the CE may reasonably require to determine the application. (4) The CE may grant an application under this regulation if, in the CE's opinion, the applicant is a suitable person to be a boat code examiner. (5) The approval of a boat code examiner— (a) is subject to such conditions as the CE thinks fit and specifies when the application is granted; and (b) is for such term as is specified by the CE; and (c) may be revoked by the CE at any time by 7 days written notice served on the examiner and the boat code agent. 101—Adding letters and numbers to HIN Without limiting regulation 99(6), the CE may give directions to a boat code agent specifying— (a) the letters and numbers and the dimensions of the letters and numbers that must be added by the agent to a HIN plate issued to the agent by the CE to identify— (i) the agent; and (ii) the year in which the HIN plate is fixed; and (b) the manner in which those letters and numbers are to be added to the HIN plate. 102—Forming a HIN into the fabric of a vessel Without limiting regulation 99(6), the CE may give directions to a boat code agent who manufactures vessels and who wishes to form the letters and numbers comprising a HIN into the fabric of the hull of a vessel, specifying— (a) the dimensions of the letters and numbers; and (b) the manner in which they are to be formed into the fabric of the hull of the vessel. 103—Interim boat code certificate (1) Within 5 business days after fixing HIN plates to a vessel, the boat code agent must— (a) complete an interim boat code certificate in relation to those plates; and (b) give the certificate to the CE. (2) An interim boat code certificate must be in a form approved by the CE and must include the following information: (a) the HIN to which the certificate relates including the letters and numbers added by the agent; (b) a short description of the vessel to which the HIN plates have been fixed including— (i) the name of the person who manufactured the vessel; and (ii) the class to which it belongs; and (iii) its length; and (iv) the material of which it is primarily constructed; and (v) the vessel's primary method of propulsion; and (vi) if the vessel is registered or temporarily registered—the registration number; (c) the position in the vessel in which the HIN plate that is hidden has been fixed; (d) any other information required by the CE. 104—Boat code certificate (1) After receiving an interim boat code certificate from a boat code agent the CE must issue a boat code certificate to the owner of the vessel. (2) The boat code certificate must include the information included in the interim boat code certificate, and may include any other information the CE thinks fit. 105—Register of HINs and vessels (1) The CE must maintain a register of HINs and the vessels to which HIN plates are fixed. (2) The register must record the following information: (a) all HIN plates issued by the CE and the date on which each plate was issued and the name of the boat code agent to whom each plate was issued; (b) a short description of the vessel to which each HIN plate has been fixed including— (i) the name of the person who manufactured the vessel; and (ii) the class to which it belongs; and (iii) its length; and (iv) the material of which it is primarily constructed; and (v) the vessel's primary method of propulsion; and (vi) if the vessel is registered, or temporarily registered—the registration number; (c) the individual plates (identified by the HIN on them) which have been fixed to each vessel; (d) the position in each vessel in which the HIN plate that is hidden has been fixed; (e) the name and address of the person in whose name the vessel is for the time being registered or temporarily registered. (3) The CE may maintain the register as a separate register or may combine it with the register of vessels.

Subdivision 7—Australian Builders Plate 106—Interpretation In this Subdivision— ABP Standard means the National Standard for the Australian Builders Plate for Recreational Boats endorsed by the Australian Transport Council and published by the Australian Recreational Boating Safety Committee as modified by this Division, as in force from time to time (and includes any standard as in force from time to time referred to in the ABP Standard); aquatic toy means an object designed primarily for play in or on the water, but does not include a personal watercraft or other power‑driven vessel; National Marine Manufacturers Association Inc. means the not for profit organisation of that name established in the United States of America; NMMA Certification Handbook means the book of that name published by the National Marine Manufacturers Association Inc. as in force from time to time. 107—Vessels to which Part 9 Division 4 of Act applies For the purposes of section 64B of the Act, vessels other than the following are declared to be a class of vessels in respect of which an Australian Builders Plate is required: (a) sailing vessels (whether or not the vessel has an auxiliary means of propulsion); (b) personal watercraft designed to carry not more than 2 persons; (c) personal watercraft bearing a clearly visible plate or marking displaying the following information: (i) the total weight (in kilograms) of persons and equipment that may be carried by the personal watercraft; (ii) the maximum number of persons that may be carried by the personal watercraft, as recommended by the builder; (d) inflatable boats to which ISO 6185 applies bearing— (i) a plate attached in accordance with European Directive 2013/53/EU as in force from time to time; or (ii) a plate attached in accordance with the requirements set out in the NMMA Certification Handbook that certifies that the inflatable boat complies with the relevant requirements of that handbook; (e) surf rowboats; (f) rowing shells designed solely for racing in organised events or a purpose associated with such racing; (g) canoes, kayaks, surf skis and similar vessels designed to be powered by a paddle; (h) sailboards, kiteboards and similar vessels; (i) hydrofoils or hovercraft; (j) amphibious vehicles; (k) submersibles; (l) pedal‑powered vessels; (m) aquatic toys; (n) water skis. 108—Australian Builders Plate For the purposes of section 64B of the Act, an Australian Builders Plate must be affixed to a vessel in accordance with, and must contain the information required by and determined in accordance with, the ABP Standard. 109—Certain vessels declared to be constructed before commencement of section 64B of the Act For the purposes of section 64B(2)(a) of the Act, the following vessels are declared to be vessels constructed before the commencement of that section: (a) in the case of a keel vessel—a vessel the keel of which was laid before the commencement of that section; (b) in any other case—a vessel that, before the commencement of that section— (i) was identifiable as a vessel of a particular class before the commencement of that section; and (ii) had not less than 50 tonnes or 1% of the estimated total mass of the completed vessel (whichever is the lesser) constructed. 110—Modification of ABP Standard For the purposes of these regulations the ABP Standard is modified such that a reference to "boat" in the ABP Standard will be taken to be a reference to a vessel.

Part 10—Safety Division 1—Equipment and marking requirements 111—Equipment and marking requirements For the purposes of section 65(1) of the Act, a vessel is required to have the equipment and markings set out in Schedule 6 in relation to vessels of the relevant class. 112—Emergency position indicating radio beacons (EPIRBs) (1) For the purposes of section 65A(1) of the Act, the following classes of vessels are specified: (a) canoes, kayaks, rowboats or other similar small human‑powered recreational vessels being operated in unprotected waters; (b) all other vessels being operated in prescribed unprotected waters. (2) However, a canoe, kayak, rowboat or other similar small human‑powered recreational vessel being operated in unprotected waters is exempt from the requirement to carry an EPIRB if— (a) the vessel is in the company of— (i) at least 2 similar vessels; or (ii) a support vessel; and (b) at least 1 of the other vessels referred to in paragraph (a) is equipped with an EPIRB; and (c) the vessel remains within 50 m of the vessel so equipped at all times. (3) For the purposes of section 65A(1) of the Act, the following requirements relating to emergency position indicating radio beacons are specified: (a) the beacon must be capable of transmitting on a frequency of 406 megahertz; (b) the beacon must comply with AS/NZS 4280.1:2022: 406 MHz satellite distress beacons - Marine emergency position‑indicating radio beacons (EPIRBs); (c) the beacon must be currently registered with the Australian Maritime Safety Authority; The procedures for obtaining and renewing registration of EPIRBs as required by this regulation are set out by the Australian Maritime Safety Authority. (d) the beacon must be suitably located and secured on the relevant vessel having regard to the need for access to the beacon and the need to protect the beacon from accidental damage or loss; (e) the beacon must be maintained in good working order. coast means— (a) the coast of the mainland; and (b) the coast of Kangaroo Island; prescribed unprotected waters means— (a) those unprotected waters more than 5 nautical miles seaward of the Low Water Mark of the coast in the waters of Spencer Gulf or Gulf St. Vincent; or (b) those unprotected waters more than 3 nautical miles seaward of the Low Water Mark of the coast in the waters of any other area except Lakes Alexandrina and Albert; waters of Spencer Gulf or Gulf St. Vincent means— (a) for Spencer Gulf—the waters in that gulf north of a line drawn from Cape Catastrophe on Eyre Peninsula to Waterhouse Point on Thistle Island and then to Corny Point on Yorke Peninsula (see following map); (b) for Gulf St. Vincent—the waters in that gulf north of a line drawn from Troubridge Point on Yorke Peninsula to Rapid Head on Fleurieu Peninsula (see following map). Waters of Spencer Gulf and Gulf St. Vincent

Division 2—General rules of navigation 113—Navigation at sea (1) The Prevention of Collisions Convention is incorporated in these regulations and applies to all vessels in any part of the jurisdiction except inland waters. (2) If a vessel is operated in the jurisdiction contrary to the Prevention of Collisions Convention, the owner and operator of the vessel are each guilty of an offence. (3) If— (a) a vessel fitted with navigation lights is operated in any part of the jurisdiction (other than inland waters); and (b) the navigation lights are not fitted and exhibited in accordance with the Prevention of Collisions Convention, the owner and operator of the vessel are each guilty of an offence. (4) Subregulation (3) does not apply in relation to a vessel being operated by an authorised person if— (5) It is a defence to a charge of an offence against this regulation brought against the owner for the owner to prove that the vessel was operated without the owner's consent. 114—Navigation in inland waters (1) Section 17 of the Code (River Murray Traffic Regulations) is incorporated in these regulations and applies to all vessels in inland waters. (2) If a vessel is operated in the jurisdiction contrary to section 17 of the Code (River Murray Traffic Regulations), the owner and operator of the vessel are each guilty of an offence. (3) If— (a) a vessel fitted with navigation lights is operated in inland waters; and (b) the navigation lights are not fitted and exhibited in accordance with section 17 of the Code (River Murray Traffic Regulations), the owner and operator of the vessel are each guilty of an offence. (4) Subregulation (3) does not apply in relation to a vessel being operated by an authorised person if— (5) It is a defence to a charge of an offence against this regulation brought against the owner for the owner to prove that the vessel was operated without the owner's consent. 115—Navigation in rivers and channels (1) The operator of a vessel proceeding along the course of a river or channel must keep the vessel as near to the outer limit of the river or channel which lies on its starboard side as is safe and practicable. (2) The operator of a vessel which can safely navigate outside a channel must not allow the vessel to hamper the safe passage of a vessel which can safely navigate only inside the channel. (3) The operator of a vessel engaged in fishing must not allow the vessel to impede the passage of any other vessel navigating within a channel. (4) The operator of a vessel must not, except in an emergency, anchor the vessel in a channel. (5) If a vessel is anchored in a channel in an emergency, the operator of the vessel must, as soon as practicable, move the vessel to the side of the channel. (6) The operator of a vessel navigating in a channel must only overtake another vessel if this can be done safely. (7) A person must not, except with the approval of the CE, cause or permit a cable, chain, hawser or rope to be placed across a channel.

Division 3—Speed restrictions 116—Speed restrictions (1) A person who operates a vessel at a speed in excess of 4 knots— (a) in or through a mooring area or boat haven; or (b) within 30 m of a jetty, wharf or other place at which a vessel is being removed from the water or placed into the water; or (c) within 30 m of any vessel that may be adversely affected by the wash of the vessel; or (d) within 50 m of— (i) a person in the water; or (ii) a vessel or buoy on which is displayed a flag indicating that there is a diver below (International Code Flag A); or (iii) a person in or on a canoe, kayak, surf ski, surfboard, sailboard, kiteboard or similar small unpowered recreational vessel; or (e) within 100 m of a ferry crossing, is guilty of an offence. (2) Despite subregulation (1)(a), but subject to any other provision of the Act, a person may operate a vessel within the marked channel in the Port MacDonnell Boat Haven at a speed not exceeding 7 knots. (3) A person who operates a vessel within the waters specified in Schedule 7 at a speed in excess of that applicable to those waters in accordance with that Schedule is guilty of an offence. (4) It is a defence to a charge of an offence under this regulation for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency, or taking part in a surf lifesaving activity conducted by a surf lifesaving club. (5) This regulation does not apply in relation to an authorised person operating a vessel if— (6) In this regulation— boat haven has the same meaning as in Part 12. Division 4—Lifejackets and miscellaneous provisions 117—Lifejackets to be worn on certain vessels (1) Each occupant of— (a) a vessel (other than a vessel with an engine, a surfboard, surf ski or rowing shell) that can only carry the operator and no other person; or (b) a vessel that is not more than 4.8 m in length fitted with an engine; or (c) a paddle board or surf ski that is being operated 400 m or more from the shore; or (d) a surfboard, surf ski or similar vessel that is being operated in inland waters; or (e) a sailboard or kiteboard; or (f) a canoe or kayak (including a motorised canoe or kayak), rowboat or other similar small human‑powered vessel; or (g) a monohulled sailing dinghy or a similar small multihulled sailing vessel (being a dinghy or vessel that is not more than 6 m in length); or (h) a personal watercraft; or (i) a dragon boat, must, at all times while the vessel is underway or at anchor, wear— (j) in the case of a vessel being operated in unprotected waters— (i) if the vessel is a canoe or kayak (including a motorised canoe or kayak), rowboat or other similar small human‑powered vessel—a lifejacket level 100 or above or lifejacket level 50; or (ii) in any other case—a lifejacket level 100 or above; or (k) in the case of a vessel (other than a personal watercraft or rowboat) that is being operated in semi‑protected waters—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (l) in the case of a sailboard or kiteboard— (i) being operated more than 400 m from the shore—a lifejacket level 100 or above; or (ii) being operated not more than 400 m from the shore—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (m) in the case of a personal watercraft—a lifejacket level 50 or lifejacket level 50S; or (n) in the case of a paddle board or surf ski being operated more than 400 m from the shore—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S; or (o) in the case of a dragon boat— (i) that is being operated in unprotected waters—a lifejacket level 100 or above or lifejacket level 50; or (ii) in any other case—a lifejacket level 50 or lifejacket level 50S; or (p) in any other case (other than a rowboat)—a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S. A lifejacket must be of an appropriate size and properly adjusted for the person who is wearing or will be wearing the jacket—see regulation 3(7) and (8). A lifejacket that is designed to inflate and that has been so inflated must be serviced in accordance with the manufacturer's instructions before being used again—see regulation 3(9). (2) In circumstances of heightened risk, each occupant in the open area of a vessel of not less than 4.8 m but not more than 12 m in length must, at all times while the vessel is underway or at anchor, wear— (a) in the case of a vessel that is being operated in unprotected waters—a lifejacket level 100 or above; or (b) in any other case—a lifejacket level 50 or lifejacket level 50S. (3) If subregulation (1) or (2) is contravened by an occupant of a vessel other than the operator, the operator of the vessel is guilty of an offence. (4) If each occupant of or under 12 years of age— (a) of a vessel that is not more than 4.8 m in length fitted with an engine; or (b) in the open area of a vessel of not less than 4.8 m but not more than 12 m in length, is not, at all times while the vessel is underway or at anchor, wearing— (c) in the case of a vessel that is being operated in protected waters—a lifejacket level 50 or lifejacket level 50S; or (d) in any other case—a lifejacket level 100 or above, the operator of the vessel is guilty of an offence. (5) Subregulations (1) and (4) do not apply if the occupant of the vessel is being towed (in which case the requirements under regulation 122 apply). (6) The operator of a vessel of not less than 4.8 m but not more than 12 m in length, may, if it is reasonable to do so in the circumstances, direct an occupant who is in an open area of the vessel while the vessel is underway or at anchor to wear a lifejacket level 100 or above, lifejacket level 50 or lifejacket level 50S, and if an occupant fails to comply with the direction, the occupant is guilty of an offence. (7) For the purposes of subregulation (2), a vessel will be taken to be in circumstances of heightened risk if— (a) the vessel carries the operator and no other person; or (b) the vessel carries only the operator and a child or children of or under 12 years of age; or (c) the vessel is being operated between the hours of sunset and sunrise; or (d) the vessel is crossing a bar; or (e) the vessel is disabled so as to be incapable of making its way through water; or (f) the vessel is operating in conditions of restricted visibility; or (g) the vessel is operating in an area in relation to which a weather warning of any of the following kinds has been issued by the Bureau of Meteorology: (i) gale warning; (ii) storm force warning; (iii) hurricane force wind warning; (iv) severe thunderstorm warning; (v) severe weather warning. 118—Personal watercraft must display approved notice (1) A personal watercraft must not be operated in the jurisdiction unless a notice specifying obligations of operators of personal watercraft (in a form and containing the information approved by the CE) is affixed to the vessel so as to be clearly visible and legible, in daylight, from the steering position of the vessel. (2) If a personal watercraft is operated in contravention of subregulation (1)— (a) the registered owner; and (b) if the operator is a person who is required to hold a boat operator's licence—the operator, of the vessel are each guilty of an offence. 119—Personal watercraft only to be used during certain hours (1) Subject to this regulation, a person must not operate a personal watercraft— (a) after sunset or 8 pm (whichever is the earlier) on any day; or (b) before 9 am on a Sunday or before 8 am on any other day. (2) A person may operate a personal watercraft on the River Murray for the purpose of towing another person at any time between sunrise and sunset on any day. (3) It is a defence to a charge of an offence under this regulation for the defendant to prove that the defendant was taking part in a rescue operation or otherwise acting in an emergency, or taking part in a surf lifesaving activity conducted by a surf lifesaving club. 120—Means of escape The operator of a vessel must ensure that all hatches and doors on the vessel are kept unlocked and are clear of obstruction at all times while the vessel is underway. 121—Excess persons on vessel (1) The operator of a vessel must ensure that the number of persons carried on the vessel does not exceed such number as can be carried safely in all the circumstances, and in any case must not exceed the maximum number— (a) in the case of a vessel fitted by the manufacturer with a compliance plate stating the maximum number of persons that may be safely carried as determined in accordance with AS 1799.1—stated on that plate; or (b) if no such compliance plate is fitted but the vessel is fitted with an Australian Builders Plate—stated on the Australian Builders Plate; or (c) if neither a compliance plate nor an Australian Builders Plate is fitted to the vessel—specified in Schedule 8 in relation to a vessel of the relevant class. (2) The operator of a vessel must not cause or permit a load to be carried on the vessel while it is underway or moored greater than can safely be carried in all the circumstances. Division 5—Water skiing and similar activities 122—Obligations of person towed by vessel (1) No more than 1 prescribed device may be towed by a vessel at any one time. (2) No more than 3 persons may be towed by a vessel (whether on a prescribed device or not) at any one time. (3) A person who is being towed by a vessel must wear a lifejacket level 50 or lifejacket level 50S. (4) A person must not be towed by a vessel between sunset and sunrise. (5) A person must not be towed by a vessel unless another person (the observer) on the vessel is continuously observing the person being towed and giving such directions to the operator of the vessel as may be necessary to prevent injury or risk of injury to the person being towed or to other persons. (6) The observer must not be the operator of the vessel. (7) Either— (a) both the operator of the vessel and the observer must be not less than 16 years of age; or (b) the observer must hold a special permit issued under regulation 73 and the operator of the vessel must be not less than 18 years of age. (8) The CE may, subject to such conditions as the CE thinks fit, exempt a person from any of the requirements of this regulation. (9) If this regulation is contravened, the operator of the vessel, each person being towed by the vessel (whether or not on a device), and the observer (if any) are each guilty of an offence. (10) In this regulation— prescribed device means a device (whether inflatable or otherwise)— (a) that is designed, constructed or adapted to be towed behind a vessel while carrying a person or persons; and (b) the direction of which is not capable of being effectively controlled by a person being so towed. Examples of a prescribed device include an inner tube or a device commonly known as a donut. Examples of items that are not prescribed devices include water skis, kneeboards and wakeboards. 123—Obligation of person being towed If a person being towed by a vessel falls into the water, the person must, if practicable, hold an arm, ski or other device vertically in the air to signal their presence. 124—Obligation of operator of vessel towing a person (1) The operator of a vessel that is towing a person must, in any area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person— (a) on leaving such an area— (i) keep the vessel to the starboard side of the waterway; and (ii) keep the vessel clear of any vessel returning to the area; and (b) on returning to such an area— (i) access the area from the starboard side of the waterway; and (ii) clear the area as soon as is reasonably practicable after finishing towing the person. (2) The operator of a vessel that has finished towing a person must, before returning to any area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person, ensure that all apparatus used in connection with towing the person is back on board the vessel and is not trailing in the water or outside the vessel. (3) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel. 125—Obligation of operator of vessel around water skiers etc (1) The operator of a vessel (being a vessel that is not towing a person) must, on leaving or returning to an area being used by more than 1 vessel for the purpose of commencing or finishing towing of a person, keep the vessel clear of any vessel towing a person in the area. (2) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel. 126—Operating another vessel too close to person being towed (1) A person who operates a vessel within 100 m directly behind a person who is being towed by another vessel is guilty of an offence. (2) This regulation is in addition to, and does not derogate from, any other requirement the operator must comply with under the Act or these regulations in relation to the operation of the vessel.

Division 6—Diving signals 127—Signals when divers working (1) The operator of a vessel that is over 10 m in length must, at all times while a diver is operating from the vessel, display in a conspicuous position on the vessel the International Code Flag A. (2) The operator of a vessel that is 10 m or less in length must, at all times while a diver is operating from the vessel, display in a conspicuous position on the vessel a rigid replica of International Code Flag A, at least 750 mm by 600 mm in size. (3) A diver who is operating in a harbor independently of a vessel must ensure that a rigid replica of International Code Flag A, at least 300 mm by 200 mm in size, is displayed, at all times, from a buoy or float which is moored within 30 m of the diver or is attached to a line and towed by the diver. (4) A diver must not operate in a harbor, independently of a vessel, in a marked channel used by vessels. (5) The operator of a vessel navigating in the vicinity of a vessel, float or buoy displaying an International Code Flag A or a replica of that flag, or a light or shape required by Rule 27 of the Prevention of Collisions Convention, must navigate so as to avoid injury to the diver or interference with the vessel, float or buoy. (6) If this regulation requires an International Code Flag A or a replica to be displayed, the person who is required to display the flag or replica must ensure that it is illuminated during the hours of darkness.

Division 7—Fishing nets and set lines 128—Interpretation In this Division— drop net, drum net, hoop net, mesh net, set line and shrimp trap have the same meanings as in the Fisheries Management Act 2007. 129—Mesh nets and set lines (1) The following provisions apply in relation to a mesh net or set line that is being used in the waters of Lake Alexandrina, Lake Albert, the Coorong, or in any contiguous waterway downstream of Wellington: (a) 1 extremity must be marked by 2 black buoys; (b) the other extremity must be marked by a yellow buoy; (c) if the mesh net or set line exceeds 50 m in length—it must be marked by red buoys placed at intervals not exceeding 50 m. (2) The following provisions apply in relation to a mesh net or set line that is being used in the River Murray upstream of Wellington or in any contiguous waterway where the mesh net or set line is placed at a depth beneath the water of less than 1.7 m: (a) the extremity that is closest to the shore must be marked by a yellow buoy; (b) the extremity that is furthest from the shore must be marked by a white buoy; (c) if the mesh net or set line exceeds 50 m in length—it must be marked by red buoys placed at intervals not exceeding 50 m. (3) The following provisions apply in relation to a mesh net or set line that is being used in the River Murray upstream of Wellington or in any contiguous waterway where the mesh net or set line is placed at a depth beneath the water of not less than 1.7 m: (a) the extremity that is closest to the shore must be marked by a yellow buoy; (b) a white buoy must be placed at a distance of at least 3 m from the yellow buoy, indicating the direction in which the net or set line is placed. (4) For the purposes of this regulation, a buoy— (a) must be approximately spherical in shape; and (b) must be of a volume of not less than 4 litres; and (c) must be made of plastic, polystyrene foam, rubber or other material approved by the CE. 130—Drop nets, drum nets, hoop nets and shrimp traps A drop net, drum net, hoop net or shrimp trap that is set away from the shore in inland waters must be marked by a buoy that is— (a) white; and (b) approximately spherical in shape; and (c) of a volume of not less than 2 litres; and (d) made of plastic, polystyrene foam, rubber or other material approved by the CE. 131—Positioning of fishing apparatus (1) In inland waters (other than the main stream of the River Murray upstream of Wellington) fishing apparatus must not be placed in a manner that prevents navigation of vessels in those waters or, if there is in those waters a recognised navigable channel, in that channel. (2) In the River Murray upstream of Wellington, fishing apparatus must not extend on the surface for more than half the width of the river. 132—Offence of using fishing apparatus contrary to this Division A person using fishing apparatus in inland waters must ensure that this Division is complied with in relation to the apparatus.