Note: The term Territory is defined in the Jervis Bay Territory Acceptance Act 1915 to mean the Jervis Bay Territory.
In this Ordinance:
ACT Road Transport (Alcohol and Drugs) legislation: see subsection 64(2).
Ambulance Service of NSW has the same meaning as in the Health Services Act 1997 (NSW), as in force on the commencement day.
appropriate lifejacket: see section 7.
appropriate power rating: see subsection 21(2).
boat driving licence, for a vessel, means a boat driving licence (however described) that:
(a) has been granted under a law of a State or Territory; and
(b) entitles the holder to operate the vessel in that State or Territory.
channel means an area of Territory waters that, whether or not indicated by navigation marks, provides a passage for vessels.
commencement day means the day this Ordinance commences.
commercial purpose means a purpose for which a vessel is used that results in the vessel being a domestic commercial vessel.
court means a court, including the Supreme Court, of the Australian Capital Territory.
crew of a vessel means the persons (including the master of the vessel) whose duty it is to navigate or work the vessel or to carry out other operations on the vessel.
dangerous to the public includes anything that causes, or is likely to cause, injury to a person or damage to property.
designated person: see subsection 48(6).
Director of National Parks means the Director of National Parks referred to in section 514A of the Environment Protection and Biodiversity Conservation Act 1999.
domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law.
drug has the same meaning as in the ACT Road Transport (Alcohol and Drugs) legislation.
emergency patrol duty means an urgent patrol or duty:
(a) arising from an accident, hazard or other emergency; or
(b) authorised by a police officer.
emergency patrol signal means an all‑round flashing blue light, or flashing blue and red lights.
EPBC Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000.
exercise a function includes perform a duty.
fairway means that part of an area of Territory waters that is usually used by vessels for navigation through the area.
foreign vessel has the same meaning as in the Navigation Act 2012.
function includes a power, authority or duty.
high range prescribed concentration of alcohol: see section 54.
hire and drive vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law.
Indigenous person means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
JBT Rural Fire Service means the Jervis Bay Territory Rural Fire Service established by section 8 of the Jervis Bay Territory Rural Fires Ordinance 2014.
juvenile operator means a person who:
(a) is operating a power‑driven vessel; and
(b) is 16 years of age or younger.
kiteboard means any craft used for kitesurfing or another similar activity in which a person is situated on or over water on a board, a ski or skis, and the power of the wind on a controllable kite or similar equipment is used to propel the craft across the water.
kitesurfing:
(a) means an activity in which a person is situated on or over water on a board, a ski or skis or a vessel and the power of a controllable kite, or similar equipment, is used to propel the person across the surface of the water; and
(b) includes kiteboarding, flysurfing, kitesailing and other similar activities.
low range prescribed concentration of alcohol: see section 54.
making way: a vessel is making way if the vessel is underway and propelled by the vessel’s machinery.
mandatory provision means the following provisions:
(a) section 13 (operating an unregistered vessel);
(b) section 14 (contravening a condition of registration);
(c) section 18 (operating a personal watercraft);
(d) section 19 (operating an unsafe vessel);
(e) section 24 (reckless or negligent operation of a vessel);
(f) section 25 (dangerous operation of a vessel);
(g) section 26 (towing a person);
(h) section 29 (conduct that is dangerous to the public);
(i) section 34 (interfering with the lawful use of waters or land);
(j) subsection 47(2) (refusal or failure to comply with a direction relating to the conduct of persons—general);
(k) subsection 50(2) (refusal or failure to comply with a direction to remove an obstruction).
marine accident means any of the following events involving a vessel operating in Territory waters:
(a) the loss of life of, or injury to, any person on board the vessel;
(b) the loss of a person from the vessel;
(c) the loss of life, or injury to, a person that is caused by the vessel;
(d) the loss, or presumed loss, of the vessel (including the sinking or abandonment of the vessel);
(e) the capsizing, grounding or flooding of the vessel;
(f) the collision of the vessel with another vessel or with any object;
(g) the vessel being disabled (in any case in which it requires assistance);
(h) any fire on board the vessel;
(i) any damage being caused to the vessel (including any structural failure);
(j) any damage to the environment caused by the vessel or by any substance on, or discharged from, the vessel;
(k) any incident that causes danger of any of the above occurring;
but does not include anything excluded from this definition by the rules.
marine investigator: see section 76.
marine pilot means a person who does not belong to, but has the conduct of, a vessel.
Marine Safety (Domestic Commercial Vessel) National Law has the meaning given by section 17 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
marine safety investigation: see section 75.
marine safety investigation report: see section 78.
master means the person having the command or charge of a vessel, but does not include a marine pilot.
middle range prescribed concentration of alcohol: see section 54.
monitoring powers: see section 87.
navigation aid means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.
non‑displacement craft includes hovercraft and hydrofoils.
NSW Rural Fire Service means the NSW Rural Fire Service established by Part 2 of the Rural Fires Act 1997 (NSW), as in force on the commencement day.
NSW waters means waters that are State waters within the meaning of the Marine Safety Act 1998 (NSW), as in force on the commencement day.
obstruction to navigation means anything in, over or on Territory waters (including a vessel, whether wrecked or not) that:
(a) is a danger to the safe navigation of vessels; or
(b) is moored, berthed or placed in contravention of this Ordinance, the Marine Safety (Domestic Commercial Vessel) National Law or another law of the Commonwealth;
but does not include anything lawfully erected in, over or on Territory waters.
operate: see section 8.
owner: see section 9.
particulars of a marine accident: see subsection 103(4).
passenger means any person on board a vessel other than:
(a) a person who is operating the vessel; or
(b) a member of the crew of the vessel.
personal watercraft: see subsection 18(2).
person assisting a police officer: see section 92.
police officer means:
(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
(b) a special member of the Australian Federal Police (within the meaning of that Act).
power‑driven vessel means a vessel powered by mechanical means but does not include a vessel propelled by oars or paddles.
premises includes the following:
(a) a structure, building, vehicle, vessel or aircraft;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
Prevention of Collisions Convention has the same meaning as in the Navigation Act 2012.
prohibited part: see subsection 33(3).
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money) and includes things in action.
recreational vessel means a vessel other than a domestic commercial vessel, a regulated Australian vessel or a foreign vessel.
regulated Australian vessel has the same meaning as in the Navigation Act 2012.
relevant officer: see subsection 48(6).
required safety equipment: see subsection 66(3).
required standards: see subsection 66(3).
RMS means the Roads and Maritime Services constituted under the Transport Administration Act 1988 (NSW), as in force on the commencement day.
rules means rules made under section 118.
safe distance: see subsection 23(3).
safe loading requirement: see subsection 28(3).
sailboard means any craft (other than a kiteboard) used for sailboarding or windsurfing, which is fitted with an apparatus or mechanism that is required to be controlled or operated by the user in order to harness the power of the wind to move the craft.
sailing vessel means a vessel operating under sail only.
shapes or lights indicating safe passage: see subsection 35(3).
special range prescribed concentration of alcohol: see section 54.
speed means the speed of a vessel measured by reference to the actual distance travelled over the ground.
swimming area: see subsection 22(2).
Territory waters means any navigable waters within the limits of the Territory.
underway means not at anchor or secured to the shore or ground, and includes drifting.
unsafe vessel: a vessel is an unsafe vessel if the operation of the vessel is a danger to human life because of any of the following:
(a) the condition of the vessel;
(b) the condition of equipment on the vessel;
(c) the manner or place in which cargo or equipment on the vessel is stowed or secured;
(d) the nature of the cargo;
(e) the overloading of the vessel.
vessel: see section 10.
youth range prescribed concentration of alcohol: see section 54.