Part 1Preliminary

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.