Div 9Miscellaneous

Division 9—Miscellaneous 140—Vessels excluded from vicinity of oil rigs (1) Vessels are prohibited from entering or remaining in waters within 500 m of a vessel or structure engaged in petroleum exploration consisting of— (a) drilling, or operations associated with drilling, subjacent land; or (b) tests carried out subsequently for the purposes of discovering petroleum or ascertaining the quality and quantity of petroleum discovered (including tests involving the recovery of petroleum). (2) The distance referred to in subregulation (1) is to be measured from each point of the outer edge of the vessel or structure or any anchor, buoy or other equipment deployed from the vessel or structure. (3) If a vessel enters or remains in waters in contravention of this regulation, the owner and 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 in the manner constituting the offence without the owner's consent). (4) This regulation does not apply to vessels used in connection with the operations of the vessel or structure engaged in petroleum exploration. petroleum has the same meaning as in the Petroleum and Geothermal Energy Act 2000. 141—Vessels excluded from vicinity of vessels engaged in transfer of petroleum (1) Vessels are prohibited from entering or remaining in waters within 1 nautical mile of a vessel to which petroleum is being transferred from another vessel or from which petroleum is being transferred to another vessel. (2) The distance referred to in subregulation (1) is to be measured from each point of the outer edge of a vessel engaged in the transfer of petroleum or any anchor, buoy or other equipment deployed from such a vessel. (3) If a vessel enters or remains in waters in contravention of this regulation, the owner and 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 in the manner constituting the offence without the owner's consent). (4) This regulation does not apply to vessels used in connection with the operations of a vessel engaged in the transfer of petroleum to or from another vessel. petroleum has the same meaning as in the Petroleum and Geothermal Energy Act 2000. 142—Vessels excluded from vicinity of transhipment points in Spencer Gulf (1) Vessels are prohibited from entering or remaining in waters within 0.5 nautical miles of a vessel (the loading vessel) while the loading vessel is, or is about to be, engaged in transhipping at TP1, TP2, TP3, TP4, TP5, TP6, TP7 or TP8. (2) The distance referred to in subregulation (1) is to be measured from each point of the outer edge of the loading vessel or any anchor, buoy or other equipment deployed from the loading vessel. (3) If a vessel enters or remains in waters in contravention of subregulation (1), the owner and 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 in the manner constituting the offence without the owner's consent). (4) This regulation does not apply to vessels used in connection with transhipping at TP1, TP2, TP3, TP4, TP5, TP6, TP7 or TP8. TP1 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°06′12″ South, longitude 137°38′30″ East; TP2 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°09′12″ South, longitude 137°38′21″ East; TP3 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°10′12″ South, longitude 137°37′12″ East; TP4 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°07′36″ South, longitude 137°39′00″ East; TP5 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°48'00" South, longitude 137°3'00" East; TP6 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°50′30" South, longitude 137°2'00" East; TP7 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°54'44" South, longitude 137°27'48" East; TP8 means a transhipment point in Spencer Gulf at, or in the vicinity of, latitude 33°53′39" South, longitude 137°28'48" East; transhipping means unloading a container or other cargo from a vessel and reloading the container or other cargo onto another vessel. 143—Nuisance A person who operates a vessel in the vicinity of any person in or near the water or on a vessel in a manner that is likely to cause nuisance or annoyance to the other person is guilty of an offence. 144—Use of spotlights (1) A person must not, without reasonable excuse, direct a beam of light from a vessel on to another vessel. (2) If subregulation (1) is contravened, the operator of the vessel from which the light is directed is also guilty of an offence (but it is a defence if the operator proves that they could not, by the exercise of reasonable diligence, have prevented the commission of the offence). 145—Emissions and discharges (1) If a vessel emits smoke or vapour to the extent that it causes danger to any other person, the owner and operator of the vessel are each guilty of an offence. (2) If any offensive material is discharged from a vessel directly or indirectly into waters in the jurisdiction or on adjacent land under the care, control and management of the Minister, the owner and operator of the vessel are each guilty of an offence. (3) It is a defence to a charge brought against the owner of a vessel of an offence against this regulation committed while the vessel was being operated in the jurisdiction for the owner to prove that the vessel was operated without the owner's consent. offensive material includes oil, tar, spirit, other inflammable material, refuse, wire, rope, plastic, the carcass of any animal, sludge from ballast tanks and any matter that may cause pollution, a nuisance or offence. 146—Work involving flame or flash (1) A person must not do any work on a vessel by means of a device that produces a flame or flash exposed to the air unless— (a) the work has been authorised in writing by the owner of the vessel or the owner's agent; and (b) the work is carried out in a safe and professional manner; and (c) no vessel is being refuelled within 10 m of the vessel. (2) If subregulation (1) is contravened, the operator of the vessel on which the work was done is also guilty of an offence (but it is a defence for the operator to prove that they could not, by the exercise of reasonable diligence, have prevented the commission of the offence). 147—Misuse of signals (1) A person who uses, displays or activates, or causes another to use, display or activate, a signal required under these regulations in circumstances not contemplated by these regulations is guilty of an offence. (2) A person who responds to a signal used or displayed in contravention of subregulation (1) may recover the costs of that response, as a debt, from the person who contravened the subregulation. signal includes a flare, an EPIRB or a similar device. 148—Smoking and use of combustion equipment in vicinity of hold A person must not, within 6 m of any open hatch of a commercial vessel— (a) smoke, strike a match or use a cigarette lighter; or (b) use any other device that produces a flame or a flash exposed to the air without the approval of— (i) if the vessel is within a port—the relevant port operator; or (ii) in any other case—the CE. 149—Anchors not to be used in certain areas The operator of a vessel must not cause or allow the vessel to be anchored or an anchor to be used in any of the following areas: (a) the area comprising the full width of the Port Adelaide River which lies within 70 m of a line from a point on the western bank of the river distance 490 m and bearing 314° from No 11 front inward leading beacon to a point on the eastern bank of the river distance 215 m and bearing 22° from No 11 front inward leading beacon; (b) the area comprising the full width of the Port Adelaide River which lies within 60 m of a line from a point on the western bank of the river distance 410 m and bearing 273° from No 12 rear inward leading beacon to a point on the eastern bank of the river distance 210 m and bearing 204° from No 12 rear inward leading beacon; (c) the area comprising the area of the Port Adelaide River situated within a radius of 70 m from the control towers of the Birkenhead Bridge; (d) the area comprising the area of the Port Adelaide River situated within 100 m from a Port River Expressway Bridge; (e) the area of Spencer Gulf within 1.5 nautical miles either side of a line joining a point latitude 33°39.6′ South and longitude 137°12.8′ East (adjacent to Shoalwater Point) and a point latitude 33°52.4′ South and longitude 137°36.4′ East (adjacent to Point Riley); (f) the area of Backstairs Passage within 1.5 nautical miles either side of a line joining a point latitude 35°38.0′ South and longitude 138°6.9′ East (Fishery Bay, Kangaroo Island) and a point latitude 35°44.3′ South and longitude 138°1.4′ East (Cuttlefish Bay, Kangaroo Island). 150—General defence It is a defence to a charge of an offence against this Part if it is proved that the contravention or noncompliance with the Part was justified in the circumstances in order to avoid immediate danger having regard to all the dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved.