23Offence—failure to comply with minimum distance requirements

23 Offence—failure to comply with minimum distance requirements

(1) A person who operates a vessel (the first vessel) in Territory waters must ensure that, when the speed of the first vessel is 10 knots or more, the first vessel is: (a) at least 60 metres or, if that is not possible, a safe distance, from: (i) any person in or on the water; and (ii) any other vessel (other than a power‑driven vessel or a vessel that is moored or anchored); and (b) at least 30 metres or, if that is not possible, a safe distance, from: (i) any power‑driven vessel; and (ii) any vessel that is moored or anchored; and (iii) any land, structure or other thing. (2) A person commits an offence if the person contravenes subsection (1).

Penalty: 50 penalty units.

(3) For the purposes of subsection (1), the first vessel is a safe distance from a person, another vessel or a thing at a particular time if, having regard to all relevant safety factors at the time, including the weather conditions, visibility, the speed of the first vessel and any obstructions to navigation that are present, the first vessel is at a distance from the person, the other vessel or the thing that will ensure that: (a) in the case of a person—the first vessel will not cause danger or injury to the person; and (b) in the case of another vessel or a thing—the first vessel will not cause damage to the other vessel or the thing.