Part 5Restricted areas and restrictions on use of certain waters

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.