Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Lakes Regulation 2019
SL2019-8
made under the
Lakes Act 1976
Republication No 1
Effective: 10 May 2019
Republication date: 10 May 2019
Regulation not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Lakes Regulation 2019, made under the Lakes Act 1976 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 10 May 2019. It also includes any commencement, repeal or expiry affecting this republished
law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Lakes Regulation 2019
made under the
Lakes Act 1976
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Offences against regulation—application of Criminal Code etc 3
Part 2 Required number of lifejackets, required
safety equipment and required standards—
Act, s 47 (1) (a) and s 50
Division 2.1 Definitions—pt 2
6 Definitions—pt 2 4
Contents
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Division 2.2 Required number of lifejackets for recreational boats—
Act, s 47 (1) (a)
7 Required number of lifejackets for recreational boats—Act, s 47 (1) (a) 6
Division 2.3 Required safety equipment—Act, s 50
8 Meaning of general requirement—div 2.3 7
9 Required safety equipment—Act, s 50 8
Division 2.4 Required standards—Act, s 50
10 Anchors with chain or line 10
11 Bailers 10
12 Buckets and fire buckets 10
13 Bilge pumps 11
14 Fire extinguishers 11
15 Paddles and oars 12
16 Waterproof torches 12
Part 3 Boat registration
17 Application—pt 3 13
18 Operating unregistered boat 13
19 Breaching condition of registration 14
Part 4 Safe operation of boats
20 Speed limit when people under 18 years old 15
21 Exceeding power rating for boats 15
22 Operating power boats near swimming areas 16
23 Minimum distance requirements 17
24 Dangerous operation of boats 19
25 Unsafe towing or pushing of boats or objects 19
26 Unsafe loading of boats 20
Part 5 Right of way rules
27 Keeping out of the way 22
28 Keeping course 22
29 Sailing boats 22
30 Power boats 23
31 Power boats and sailing boats 23
Contents
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32 Rowing boats and sailing boats 24
33 Overtaking boats 24
34 Navigating channels 24
35 Exception to rules—boat races 24
Part 6 Conduct of people
36 Dangerous conduct 25
37 Conduct on power boats 25
38 Passengers on domestic commercial vessels 27
Part 7 Interference
39 Interfering with use of waters or land 29
40 Interfering with other boats 29
41 Interfering with dredges or immobile boats 29
42 Interfering with navigation aids 30
43 Interfering with equipment on boats 31
44 Interfering with safety equipment 31
Part 8 Lights and shapes
Division 8.1 Preliminary
45 Definitions—pt 8 32
46 Meaning of visibility is restricted 34
47 Visibility of lights 34
Division 8.2 Boats underway at night or when visibility is restricted
48 Application—div 8.2 35
49 Lights for power boats underway 35
50 Lights for sailing boats underway and boats being rowed 37
51 Lights to be carried by rowing boats, kayaks and canoes 39
Division 8.3 Boats at anchor
52 Lights for boats at anchor on a lake at night 40
Division 8.4 Diving boats, dredges etc and emergency lights
53 Lights on certain boats restricted in their ability to manoeuvre 40
54 Shapes on certain boats restricted in their ability to manoeuvre 42
55 Emergency lights 43
Contents
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Part 9 Unnecessary use of lights and signals
56 Unnecessary use of distress signals 44
57 Unnecessary use of lights and signals 44
58 Unauthorised use of emergency patrol signals 45
Part 10 Obstructions to navigation
59 Failing to warn about obstructions 47
60 Obstructing fairways and channels 47
61 Obstructing wharves and jetties 47
62 Obstructing boats 48
63 Obstructing passengers 48
64 Obstructing cargo 48
65 Causing obstruction, nuisance or damage with objects 49
66 Failing to light or mark obstructions 50
Part 11 Hatches and exterior doors on recreational
boats
67 Application—pt 11 51
68 Construction 51
69 Locking hatches and exterior doors 52
Dictionary 53
Endnotes
1 About the endnotes 56
2 Abbreviation key 56
3 Legislation history 57
4 Amendment history 57
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Australian Capital Territory
Lakes Regulation 2019
made under the
Lakes Act 1976
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Lakes Regulation 2019.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation, and includes references (signpost definitions) to other
terms defined elsewhere in this regulation.
For example, the signpost definition ‘visibility is restricted—see
section 46.’ means that the term ‘visibility is restricted’ is defined in that
section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire regulation unless the definition, or another provision of the
regulation, provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Division 2.1 Definitions—pt 2
Section 6
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Part 2 Required number of lifejackets,
required safety equipment and
required standards—Act,
s 47 (1) (a) and s 50
Division 2.1 Definitions—pt 2
6 Definitions—pt 2
In this part:
accompanied sailing boat—
(a) means a boat—
(i) with a sail engaged in a training session organised by a
sports club or school; and
(ii) accompanied by a power-driven boat capable of being used
for rescue purposes; but
(b) does not include a boat while it is being propelled by mechanical
power.
dragon boat operating requirements means the following:
(a) operating the dragon boat within 200m of the shore;
(b) operating the dragon boat in weather or water conditions that are
not, and are not predicted to become, unsuitable for boating;
(c) operating the dragon boat when each person on board has
undergone a safety drill in relation to the possible emergencies
arising on the boat;
(d) if the boat is operating in a channel—operating the dragon boat
on the starboard side (bowside) of the channel and not in the
middle of the channel;
Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Part 2
Definitions—pt 2 Division 2.1
Section 6
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(e) if the boat is operating at night or when visibility is restricted—
operating the dragon boat with lights that meet the requirements
mentioned—
(i) if the boat is 4m or more in length—section 51 (1) (a) (iii);
and
(ii) if the boat is under 4m in length—section 51 (3) (b).
off-the-shore boat—
(a) means a sailing boat; but
(b) does not include the following:
(i) a boat that is ballasted;
(ii) a boat that has a cabin or fixed keel;
(iii) a boat that has an engine;
(iv) a sailboard.
Examples—par (a)
• catamaran
• hobie cat
• laser
• skiff
small boat—
(a) means a dinghy, row boat or inflatable boat that is—
(i) less than 3m in length; and
(ii) built so as to float if swamped or capsized; but
(b) does not include a tender or a boat carrying an engine or fuel.
small tender means a tender less than 3m in length operating within
200m of the shore.
Part 2 Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Division 2.2 Required number of lifejackets for recreational boats—Act, s 47 (1) (a)
Section 7
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tender means a boat that is less than 7.5m in length that—
(a) only transports goods or people; and
(b) only operates between—
(i) its parent boat and the shore; or
(ii) its parent boat and another boat; and
(c) only operates within 1 nautical mile from its parent boat.
Division 2.2 Required number of lifejackets for
recreational boats—Act, s 47 (1) (a)
7 Required number of lifejackets for recreational boats—
Act, s 47 (1) (a)
The prescribed number of lifejackets for a recreational boat listed in
an item in table 7, column 2 is the number in the item, column 3.
Note Recreational boat is defined in the Act, dictionary. For the Act, s 47 (and
this section) recreational boat does not include a canoe, kayak, kiteboard,
paddleboard, sailboard or surfboard (see Act, s 47 (4)).
Table 7 Required number of lifejackets for boats
column 1
item
column 2
type of recreational boat
column 3
number of lifejackets for
each person on the boat
1 dragon boat that meets the dragon boat operating
requirements and is carrying the safety equipment
stated in table 9, item 2, column 3, paragraph (b)
Note Dragon boat operating requirements—see
s 6.
0
2 rowing shell 0
Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Part 2
Required safety equipment—Act, s 50 Division 2.3
Section 8
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column 1
item
column 2
type of recreational boat
column 3
number of lifejackets for
each person on the boat
3 recreational boat (other than a boat listed in items 1
and 2)
Examples
• a dragon boat that is operating when a person on
board has not participated in an appropriate
safety drill
• a dragon boat that is not carrying the safety
equipment stated in table 9, item 2, column 3,
paragraph (b)
1
Division 2.3 Required safety equipment—Act, s 50
8 Meaning of general requirement—div 2.3
In this division:
general requirement, for a recreational boat, means the following
equipment:
(a) a sound signal;
Examples
• an airhorn
• a bell
• a whistle
(b) a waterproof torch;
(c) if the boat has an electric start motor, a gas installation, a fuel
stove or battery—1 or more fire extinguishers as is required
given the potential sources of fire and the size of the boat;
(d) if the boat has a covered bilge or a closed under-floor
compartment that is not an airtight void space—1 or more bilge
pumps as is required to drain each compartment;
Part 2 Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Division 2.3 Required safety equipment—Act, s 50
Section 9
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(e) if the boat is less than 6m in length and only has 1 independent
means of propulsion—at least 1 paddle or a pair of oars with
rowlocks;
Example—1 independent means of propulsion
1 or more sails on a boat
(f) if the boat is not a sailing boat less than 6m in length—an anchor
with a chain or line;
(g) if the boat is not a sailing boat with a permanently enclosed self-
draining hull or a boat required to carry a bilge pump under
paragraph (d)—a bailer, bucket or fire bucket.
9 Required safety equipment—Act, s 50
The prescribed safety equipment for a boat listed in an item in table 9,
column 2 is the safety equipment in the item, column 3.
Note Recreational boat is defined in the Act, dictionary. For the Act, s 50 (and
this section) recreational boat does not include a canoe, kayak, kiteboard,
paddleboard, sailboard or surfboard (see Act, s 50).
Table 9 Required safety equipment
column 1
item
column 2
type of recreational boat
column 3
prescribed safety equipment
1 small tender (a) general requirement; or
(b) the following equipment:
• a paddle or a pair of
oars with rowlocks
• a bailer, bucket or bilge
pump
• if the boat is operating
at night—a waterproof
torch
Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Part 2
Required safety equipment—Act, s 50 Division 2.3
Section 9
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column 1
item
column 2
type of recreational boat
column 3
prescribed safety equipment
2 dragon boat that meets the dragon boat
operating requirements
Note Dragon boat operating requirements—
see s 6.
(a) general requirement; or
(b) the following safety
equipment:
• a bailer or bucket
• a rope at least 25m in
length and 12mm in
diameter, that is of the
type known as “silver
rope” and is securely
attached to the boat for
towing
• if the boat is operating
at night—flares, or a
mobile telephone, in a
waterproof container
3 (a) accompanied sailing boat; or
(b) small boat operating in daylight within
200m of the shore; or
(c) off-the-shore boat that does not have
sufficient storage to carry safety
equipment; or
(d) rowing shell
nil
4 recreational boat (other than a boat listed in
items 1 to 3)
Examples
• a small boat operating at night or more than
200m from the shore
• a dragon boat that is operating when a
person on board has not participated in an
appropriate safety drill
general requirement
Part 2 Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Division 2.4 Required standards—Act, s 50
Section 10
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Division 2.4 Required standards—Act, s 50
Note The required safety equipment prescribed in div 2.3 must meet the
required standards prescribed in this division (see Act, s 51).
10 Anchors with chain or line
(1) An anchor with a chain or line must be suitable for the purpose of
securing the boat on which it is carried.
Example
suitability may depend on the boat’s size, weight and area of operation
(2) The chain or line must be—
(a) of sufficient strength and durability for the purpose; and
(b) securely attached to both the anchor and the boat.
11 Bailers
(1) A bailer must—
(a) be suitable for bailing water from the boat on which it is carried;
and
(b) not be used for any other purpose; and
(c) have a lanyard or rope attached to it.
(2) The lanyard or rope must be—
(a) securely attached to the bailer; and
(b) of a length that will allow the bailer to be cast over the side of
the boat and retrieved.
12 Buckets and fire buckets
(1) A bucket, or fire bucket, must—
(a) be suitable for both bailing water from the boat on which it is
carried and collecting water for use in case of fire; and
Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Part 2
Required standards—Act, s 50 Division 2.4
Section 13
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(b) not be used for any other purpose; and
(c) be manufactured from metal or a robust plastic or robust canvas;
and
(d) be designed so as not to collapse, distort or lose the handle when
full of water; and
(e) have a lanyard or rope attached to it.
(2) The lanyard or rope must be of a length that will allow the bucket or
fire bucket to be cast over the side of the boat and retrieved full of
water.
13 Bilge pumps
(1) A bilge pump must—
(a) be capable of draining each compartment of the boat on which
it is carried; and
(b) have a suction pipe that is fitted with a strainer of sufficiently
small mesh size to prevent choking of the pump.
(2) A bilge pump may be either manual or power operated.
14 Fire extinguishers
(1) A fire extinguisher must be designed and manufactured in accordance
with an Australian standard specific for portable fire extinguishers.
(2) If fuel is carried on a boat, a fire extinguisher on the boat must be of
a type suitable for the fuel as stated in Australian
Standard 1799.1-2009 (Small craft—General requirements for power
boats) as in force from time to time.
Note AS 1799.1-2009 does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Lakes Act 1976, s 122 (3) and
Legislation Act, s 47 (7)). The standard may be purchased at
www.standards.org.au.
Part 2 Required number of lifejackets, required safety equipment and required
standards—Act, s 47 (1) (a) and s 50
Division 2.4 Required standards—Act, s 50
Section 15
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15 Paddles and oars
(1) A paddle must be capable of being used to row the boat on which the
paddle is carried.
(2) A pair of oars must be capable of being used to row the boat on which
the oars are carried.
16 Waterproof torches
A waterproof torch must be a water resistant, floating type torch that
is—
(a) in operational order; and
(b) capable of being used to signal.
Boat registration Part 3
Section 17
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Part 3 Boat registration
17 Application—pt 3
This part does not apply to a person operating a domestic commercial
vessel.
Note The Marine Safety (Domestic Commercial Vessel) National Law, pt 4
applies certain requirements for a domestic commercial vessel operating
on a lake.
18 Operating unregistered boat
(1) A person commits an offence if—
(a) the person operates a power boat on a lake; and
(b) the boat is not—
(i) registered under a law of a State; or
(ii) exempt from registration under a law of a State.
Maximum penalty: 30 penalty units.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
(2) An offence against this section is a strict liability offence.
Part 3 Boat registration
Section 19
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19 Breaching condition of registration
(1) A person commits an offence if—
(a) a person operates a boat on a lake; and
(b) the boat is registered under a law of a State that allows the boat
to be operated in the State; and
(c) the operation of the boat breaches a condition of its registration.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
Safe operation of boats Part 4
Section 20
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Part 4 Safe operation of boats
20 Speed limit when people under 18 years old
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat is operated at a speed of more than 60 knots; and
(c) a person under the age of 18 years is on the boat.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
21 Exceeding power rating for boats
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat is powered by a motor that exceeds the appropriate
power rating for the boat.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
appropriate power rating, for a boat, means—
(a) the power rating stated for the boat by the manufacturer; or
Part 4 Safe operation of boats
Section 22
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(b) if no power rating is stated for the boat by the manufacturer, or
the power rating is not apparent—
(i) for a boat with an outboard motor—the maximum power
capacity calculated in accordance with Australian
Standard 1799.1-2009 (Small craft—General requirements
for power boats), section 2.6 as in force from time to time;
or
Note AS 1799.1-2009 does not need to be notified under the
Legislation Act because s 47 (6) does not apply (see Lakes
Act 1976, s 122 (3) and Legislation Act, s 47 (7)). The
standard may be purchased at www.standards.org.au.
(ii) in any other case—the power rating (if any) approved by
RMS for boats of that kind from time to time.
Note RMS approves power ratings under the Marine Safety
Regulation 2016 (NSW).
22 Operating power boats near swimming areas
(1) A person commits an offence if the person operates a power boat in a
swimming area or within 60m from a swimming area.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to a person if the person operates a power
boat in a swimming area, or within 60m from a swimming area, to
undertake works or maintenance for the Territory.
(4) In this section:
swimming area means an area specified as a swimming area under
the Act, section 14 (a) (iv).
Note A swimming area is specified on a sign placed in the area (see Act,
s 14 (a) (iv)).
Safe operation of boats Part 4
Section 23
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23 Minimum distance requirements
(1) A person commits an offence if—
(a) the person operates a boat on a lake at a speed of 10 knots or
more; and
(b) the boat is less than 60m from—
(i) a person on or in the lake; or
(ii) another boat (other than a power boat or a boat that is
moored or anchored).
Maximum penalty: 30 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1)
if the defendant proves that—
(a) it was not possible for the boat to be 60m or more from the
person or other boat; and
Example
The land in all navigable directions was less than 60m from the person or
other boat.
(b) the defendant operated the boat at a safe distance from—
(i) the person; or
(ii) the other boat.
(3) A person commits an offence if—
(a) the person operates a boat on a lake at a speed of 10 knots or
more; and
(b) the boat is less than 30m from—
(i) a power boat; or
(ii) a boat that is moored or anchored.
Maximum penalty: 20 penalty units.
Part 4 Safe operation of boats
Section 23
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(4) A person commits an offence if—
(a) the person operates a boat on a lake at a speed of 10 knots or
more; and
(b) the boat is less than 30m from any land, structure or other thing.
Maximum penalty: 20 penalty units.
Examples—structure or other thing
• diving platform
• fountain
• pontoon
(5) It is a defence to a prosecution for an offence against subsection (3)
or (4) if the defendant proves that—
(a) it was not possible for the boat to be 30m or more from the other
boat, land, structure, or other thing; and
Example
The land in all navigable directions was less than 30m from the other boat.
(b) the defendant operated the boat at a safe distance from the other
boat, land, structure, or other thing.
(6) In this section:
safe distance means, when taking into account all relevant safety
factors including the weather, visibility, and speed—
(a) for subsection (2) (b) (i)—a distance at which the boat could not
cause danger or injury to the person; and
(b) for subsection (2) (b) (ii) or (5)—a distance at which the boat
could not cause damage to the other boat, land, structure, or
other thing.
Safe operation of boats Part 4
Section 24
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24 Dangerous operation of boats
A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the operation of the boat is—
(i) at a speed that is dangerous to the public; or
(ii) dangerous to the public in any other way.
Maximum penalty: 30 penalty units.
25 Unsafe towing or pushing of boats or objects
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat is towing or pushing—
(i) another boat; or
(ii) an object; and
(c) the other boat or object is not safely secured to the boat.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat is towing or pushing—
(i) another boat; or
(ii) an object; and
(c) the visibility from the boat is obscured by the other boat or
object.
Maximum penalty: 30 penalty units.
Part 4 Safe operation of boats
Section 26
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(3) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat is towing or pushing—
(i) another boat (other than a tender); or
(ii) an object; and
(c) there is no other person in the boat or otherwise, and in a position
to observe, giving safety instructions to the person operating the
boat.
Maximum penalty: 30 penalty units.
26 Unsafe loading of boats
(1) A person commits an offence if the person—
(a) operates a boat on a lake; and
(b) fails to comply with a safe loading requirement that applies to
the boat under a law of the State where the boat is registered.
Note A power boat operated in the ACT must be registered under the law of
another State or exempt from registration (see s 18).
Maximum penalty: 30 penalty units.
(2) Subsection (1) does not apply for a boat if the boat is any of the
following:
(a) a boat used solely for racing or competition;
(b) a boat that is propelled by oars or paddles and that does not have
an engine;
(c) a sailing boat with or without an engine;
(d) a domestic commercial vessel operated in accordance with a
certificate of survey in force under the Marine Safety (Domestic
Commercial Vessel) National Law.
Safe operation of boats Part 4
Section 26
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(3) In this section:
safe loading requirement—
(a) means a requirement about the maximum number of people or
maximum weight of people and equipment that a boat may
carry; and
(b) includes a requirement to display a label on a boat about the
maximum number of people that the boat may carry.
Part 5 Right of way rules
Section 27
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Part 5 Right of way rules
Note 1 An inspector may issue a direction to a person that the rules under this
part must be followed. Failing to comply with a direction is an offence
(see Act, s 54).
Note 2 A breach of a rule under this part may be dangerous to the public and
could constitute an offence under this regulation (see s 24).
27 Keeping out of the way
(1) This section applies if a boat is required under this part to keep out of
the way of another boat.
(2) As far as is practicable, the boat must not cross ahead of the other
boat.
(3) If the boat is a power boat, it must slow down, stop or reverse if
necessary to avoid colliding with the other boat.
28 Keeping course
(1) This section applies if a boat is required under this part to keep its
course.
(2) The boat must keep its course and speed unless this could cause the
boat to collide with another boat.
29 Sailing boats
(1) This section applies if a sailing boat is approaching another sailing
boat on a lake.
(2) If a boat is close-hauled on the port tack and another boat is
close-hauled on the starboard tack—
(a) the boat that is close-hauled on the port tack must keep out of
the way of the other boat; and
(b) the other boat must keep its course.
Right of way rules Part 5
Section 30
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(3) If a boat is running free with the wind on one side and another boat is
running free with the wind on the opposite side—
(a) the boat that has the wind on the port side must keep out of the
way of the other boat; and
(b) the other boat must keep its course.
(4) If a boat is running free with the wind on one side and another boat is
running free with the wind on the same side—
(a) the boat that is to windward must keep out of the way of the boat
that is to leeward; and
(b) the boat that is to leeward must keep its course.
30 Power boats
(1) If a power boat is approaching another power boat on a lake, each
power boat must alter course to the starboard side so that each boat
passes on the port side of the other boat.
(2) If 2 power boats are crossing—
(a) the boat with the other boat on its own starboard side must keep
out of the way of the other boat; and
(b) the other boat must keep its course.
31 Power boats and sailing boats
(1) This section applies if a power boat and a sailing boat are approaching
one another on a lake.
(2) The power boat must keep out of the way of the sailing boat.
(3) The sailing boat must keep its course.
Part 5 Right of way rules
Section 32
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32 Rowing boats and sailing boats
(1) This section applies if a rowing boat and a sailing boat are
approaching one another on a lake.
(2) The rowing boat must keep out of the way of the sailing boat.
(3) The sailing boat must keep its course.
33 Overtaking boats
(1) A boat that is overtaking another boat must keep out of the way of the
other boat and the other boat must keep its course.
(2) In this section:
overtaking—a boat is overtaking another boat if it is moving toward
the other boat from a direction abaft the other boat’s beam of more
than 22.5 degrees.
34 Navigating channels
(1) This section applies if a channel or fairway is shown on a lake by
bearings, buoys or other means (the markings).
(2) A boat must not exit the channel or fairway other than as shown by
the markings.
35 Exception to rules—boat races
This part does not apply to a boat taking part in a boat race in relation
to another boat taking part in the race, to the extent that it conflicts
with a rule approved for the race by the entity controlling the race.
Conduct of people Part 6
Section 36
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Part 6 Conduct of people
36 Dangerous conduct
A person commits an offence if—
(a) the person is on a boat on a lake; and
(b) the person does something that is dangerous to the public.
Maximum penalty: 30 penalty units.
37 Conduct on power boats
(1) A person commits an offence if—
(a) the person operates a power boat on a lake; and
(b) the power boat is being propelled by its engine; and
(c) a person on the power boat extends a part of their body outside
the perimeter of the boat.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is on a power boat on a lake; and
(b) the power boat is being propelled by its engine; and
(c) the person extends a part of their body outside the perimeter of
the boat.
Maximum penalty: 20 penalty units.
(3) A person commits an offence if—
(a) the person operates a power boat on a lake; and
(b) the power boat is being propelled by its engine; and
Part 6 Conduct of people
Section 37
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(c) a person is on the bow of the power boat in a position that puts
them at an increased risk of falling overboard.
Maximum penalty: 20 penalty units.
(4) A person commits an offence if—
(a) the person is on the bow of a power boat on a lake in a position
that puts them at an increased risk of falling overboard; and
(b) the power boat is being propelled by its engine.
Maximum penalty: 20 penalty units.
(5) A person commits an offence if—
(a) the person operates a power boat on a lake; and
(b) the power boat is being propelled by its engine; and
(c) a person is on, or is hanging onto, a swim ladder, swim platform
or transom attached to the power boat.
Maximum penalty: 20 penalty units.
(6) A person commits an offence if—
(a) the person is on, or is hanging onto, a swim ladder, swim
platform or transom attached to a power boat on a lake; and
(b) the power boat is being propelled by its engine.
Maximum penalty: 20 penalty units.
(7) Subsections (1) to (6) do not apply to a person who is—
(a) anchoring, mooring or casting off; or
(b) fishing while anchored, moored, or drifting; or
(c) involved in an activity relating to securing the safety of a person
or property.
Note The defendant has an evidential burden in relation to the matters
mentioned in this section (see Criminal Code, s 58).
Conduct of people Part 6
Section 38
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(8) An offence against this section (other than subsections (3) and (4)) is
a strict liability offence.
(9) In this section:
power boat does not include a personal watercraft.
38 Passengers on domestic commercial vessels
(1) A person commits an offence if the person—
(a) is a passenger on a domestic commercial vessel on a lake; and
(b) obstructs someone engaged in the navigation or operation of the
vessel.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if the person—
(a) is a passenger on a domestic commercial vessel on a lake; and
(b) damages a part of the vessel or equipment on the vessel.
Maximum penalty: 30 penalty units.
(3) A person commits an offence if the person—
(a) is a passenger on a domestic commercial vessel on a lake; and
(b) uses a part of the vessel or equipment on the vessel for a purpose
for which it was not intended.
Maximum penalty: 30 penalty units.
Part 6 Conduct of people
Section 38
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(4) A person commits an offence if the person—
(a) is a passenger on a domestic commercial vessel on a lake; and
(b) removes, damages, or defaces—
(i) a sign or notice on the vessel that relates to the vessel’s safe
and proper use; or
(ii) a survey plate.
Maximum penalty: 30 penalty units.
(5) A person commits an offence if the person—
(a) is a passenger on a domestic commercial vessel on a lake; and
(b) is in or on a prohibited part of the vessel.
Maximum penalty: 30 penalty units.
(6) In this section:
prohibited part, of a vessel, means—
(a) a roof, awning or mast on the vessel; or
(b) a part of the vessel for which there is a notice displayed at the
entry to the part that prohibits a passenger’s entry to the part of
the vessel.
survey plate, for a boat, means a plate fixed to the boat indicating the
boat’s capability and capacity.
Interference Part 7
Section 39
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Part 7 Interference
39 Interfering with use of waters or land
A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the operation of the boat interferes with another person’s lawful
use of the lake area.
Maximum penalty: 30 penalty units
40 Interfering with other boats
A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the operation of the boat causes wash that damages or impacts
unreasonably on another boat.
Maximum penalty: 30 penalty units.
Examples—par (b)
• wash causes other smaller boats to rock
• wash damages moored boats
41 Interfering with dredges or immobile boats
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat passes a dredge, or other boat, that is—
(i) engaged in underwater operations and restricted in its
ability to manoeuvre; and
Part 7 Interference
Section 42
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(ii) displaying the shapes or lights indicating safe passage on
one side; and
Note A boat engaged in underwater operations and restricted in
its ability to manoeuvre is required to display shapes and
lights under s 49.
(c) the boat does not pass on the side of the dredge, or other boat,
displaying the shapes or lights indicating safe passage.
Maximum penalty: 30 penalty units.
(2) In this section:
shapes or lights indicating safe passage, displayed on a boat, means
lights mentioned in section 53 (1) (d) (ii) or shapes mentioned in
section 54 (1) (d) (ii).
42 Interfering with navigation aids
(1) A person commits an offence if the person secures a boat to a
navigation aid in or on a lake.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
navigation aid means a device used for the safety of navigation, but
does not include a device on board a boat.
Examples
• a beacon
• a buoy
• a marine mark
Interference Part 7
Section 43
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43 Interfering with equipment on boats
A person commits an offence if the person—
(a) severs, unties, or detaches any rope, cable, chain or other means
by which a boat is secured on a lake; and
(b) is not authorised to do so by the person who is operating the boat
or the owner of the boat.
Maximum penalty: 30 penalty units.
44 Interfering with safety equipment
(1) A person commits an offence if the person—
(a) unties or detaches any safety equipment stored in a lake area;
and
(b) unties or detaches the equipment for a purpose other than for—
(i) securing the safety of any person; or
(ii) preventing the loss of, or damage to, property.
Maximum penalty: 30 penalty units.
(2) An offence against this section is a strict liability offence.
Part 8 Lights and shapes
Division 8.1 Preliminary
Section 45
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Part 8 Lights and shapes
Division 8.1 Preliminary
45 Definitions—pt 8
In this part:
all round light means a light that shows an unbroken light over an arc
of the horizon of 360 degrees.
all round white light, for a boat, means a white all round light that is
placed, as far as practicable, over the boat’s fore and aft centreline.
combined lantern, for a boat, means a single light unit that—
(a) is carried at or near the top of the boat’s mast; and
(b) displays an unbroken—
(i) green light on the starboard side of the boat over an arc of
the horizon of 112.5 degrees from ahead of the boat to just
behind the beam of the boat on the starboard side; and
(ii) red light on the port side of the boat over an arc of the
horizon of 112.5 degrees from ahead of the boat to just
behind the beam of the boat on the port side; and
(iii) white light behind the boat over an arc of the horizon of
135 degrees.
combined sidelights, for a boat, means a single light unit that—
(a) is carried on the fore and aft centreline of the boat; and
(b) displays an unbroken—
(i) green light on the starboard side of the boat over an arc of
the horizon of 112.5 degrees from ahead of the boat to just
behind the beam of the boat on the starboard side; and
Lights and shapes Part 8
Preliminary Division 8.1
Section 45
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(ii) red light on the port side of the boat over an arc of the
horizon of 112.5 degrees from ahead of the boat to just
behind the beam of the boat on the port side.
masthead light, for a boat, means a white light that—
(a) is placed, as far as practicable, over the boat’s fore and aft
centreline; and
(b) shows an unbroken light over an arc of the horizon of
225 degrees; and
(c) is fixed to show from anywhere ahead, to just behind the beam
of the boat on both sides.
operator, of a boat, means—
(a) the master; or
(b) if no-one is in charge or command of the boat—each person on
the boat; or
(c) if no-one is on the boat—the owner of the boat.
separate sidelights, for a boat, means—
(a) a green light on the starboard side of the boat that shows an
unbroken light over an arc of the horizon of 112.5 degrees from
ahead of the boat to just behind the beam of the boat on the
starboard side; and
(b) a red light on the port side of the boat that shows an unbroken
light over an arc of the horizon of 112.5 degrees from ahead of
the boat to just behind the beam of the boat on the port side.
sidelights, for a boat, means one of the following:
(a) separate sidelights;
(b) combined sidelights;
(c) lights on the port and starboard sides of the boat in a combined
lantern.
Part 8 Lights and shapes
Division 8.1 Preliminary
Section 46
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sternlight, for a boat, means a white light that—
(a) is placed near the stern of the boat; and
(b) shows an unbroken light behind the boat over an arc of the
horizon of 135 degrees.
46 Meaning of visibility is restricted
For this regulation, visibility is restricted on a lake if a person’s range
of vision on the lake is restricted because of a weather event.
Examples—weather events
• dust storm
• fog or mist
• heavy rain
• snow
47 Visibility of lights
(1) This section does not apply in relation to lights required to be shown
under section 50 (1) (b) (ii), 51 (3) (b) (ii) or 55 (2) (d).
(2) The operator of a boat commits an offence if—
(a) the boat is under 12m in length; and
(b) the boat is showing a light required under this part; and
(c) the light is not visible at the following distance from the boat:
(i) if the light is a masthead light, sternlight or all round
light—2 nautical miles;
(ii) if the light is a sidelight—1 nautical mile.
Maximum penalty: 20 penalty units.
(3) The operator of a boat commits an offence if—
(a) the boat is 12m or more in length; and
(b) the boat is showing a light required under this part; and
Lights and shapes Part 8
Boats underway at night or when visibility is restricted Division 8.2
Section 48
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(c) the light is not visible at the following distance from the boat:
(i) if the light is a masthead light and the boat is 20m or more
in length—5 nautical miles;
(ii) if the light is a masthead light and the boat is under 20m in
length—3 nautical miles;
(iii) if the light is a sternlight, all round light or sidelight—
2 nautical miles.
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
Division 8.2 Boats underway at night or when
visibility is restricted
48 Application—div 8.2
This division applies to an operator of a boat if the boat is under way
on a lake at night or when visibility is restricted.
49 Lights for power boats underway
(1) The operator of a power boat commits an offence if the boat—
(a) is under 7m in length and has a maximum speed of 7 knots; and
(b) does not show an all round white light.
Maximum penalty: 20 penalty units.
(2) The operator of a power boat commits an offence if the boat—
(a) is—
(i) 7m or more, but less than 12m, in length; or
(ii) under 7m in length and has a maximum speed of more than
7 knots; and
Part 8 Lights and shapes
Division 8.2 Boats underway at night or when visibility is restricted
Section 49
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(b) does not show sidelights and—
(i) a masthead light and a sternlight; or
(ii) an all round white light.
Maximum penalty: 20 penalty units.
(3) The operator of a power boat commits an offence if the boat—
(a) is 12m or more, but less than 20m, in length; and
(b) does not show a sternlight, a masthead light and—
(i) separate sidelights; or
(ii) combined sidelights.
Maximum penalty: 20 penalty units.
(4) The operator of a power boat commits an offence if the boat—
(a) is 20m or more in length; and
(b) does not show a sternlight, a masthead light and separate
sidelights.
Maximum penalty: 20 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In this section:
all round white light, for a power boat, means a white all round light
that is placed—
(a) as far as practicable, over the boat’s fore and aft centreline; and
(b) at least 1m above the boat’s—
(i) for a boat with sidelights—sidelights; or
(ii) for a boat without sidelights—gunwale.
Lights and shapes Part 8
Boats underway at night or when visibility is restricted Division 8.2
Section 50
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masthead light, for a power boat, means a white light that—
(a) is placed—
(i) as far as practicable, over the boat’s fore and aft centreline;
and
(ii) at least 1m above the boat’s sidelights; and
(b) shows an unbroken light over an arc of the horizon of
225 degrees; and
(c) is fixed to show from anywhere ahead, to just behind the beam
of the boat on both sides.
50 Lights for sailing boats underway and boats being rowed
(1) The operator of a sailing boat under 7m in length, or a boat being
rowed, commits an offence if the boat does not—
(a) if practicable—show—
(i) a combined lantern; or
(ii) separate sidelights and a sternlight; and
(b) if it is not practicable to show the lights mentioned in
paragraph (a)—
(i) have on board an electric torch, or lighted lantern, that
shows a white light and is ready for immediate use; and
(ii) show the illuminated torch or lantern in a sufficient time to
prevent a collision.
Maximum penalty: 20 penalty units.
Part 8 Lights and shapes
Division 8.2 Boats underway at night or when visibility is restricted
Section 50
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(2) The operator of a sailing boat commits an offence if the boat—
(a) is 7m or more, but less than 20m, in length; and
(b) does not show—
(i) a combined lantern; or
(ii) separate sidelights and a sternlight.
Maximum penalty: 20 penalty units.
(3) The operator of a sailing boat commits an offence if the boat—
(a) is 20m or more in length; and
(b) does not show separate sidelights and a sternlight.
Maximum penalty: 20 penalty units.
(4) The operator of a sailing boat commits an offence if—
(a) the boat—
(i) does not have sidelights and a sternlight; or
(ii) has a combined lantern; and
(b) the boat displays—
(i) a red all round light at or near the top of the mast; and
(ii) a green all round light in a vertical line below the red light.
Maximum penalty: 20 penalty units.
(5) An offence against subsection (2), (3) or (4) is a strict liability
offence.
(6) In this section:
boat does not include a rowing boat, dragon boat, kayak or canoe.
Lights and shapes Part 8
Boats underway at night or when visibility is restricted Division 8.2
Section 51
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51 Lights to be carried by rowing boats, kayaks and canoes
(1) The operator of a boat commits an offence if—
(a) the boat—
(i) is a rowing boat, dragon boat, kayak or canoe; and
(ii) is 4m or more in length; and
(iii) does not show an LED light on the fore end and aft end of
the boat; and
(b) at least 1 LED light is not visible at a distance of 1km from the
boat in any direction.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) The operator of a rowing boat, dragon boat, kayak or canoe commits
an offence if the boat—
(a) is under 4m in length; and
(b) does not—
(i) have on board an electric torch, or lighted lantern, that
shows a white light and is ready for immediate use; and
(ii) show the illuminated torch or lantern in a sufficient time to
prevent a collision.
Maximum penalty: 20 penalty units.
(4) In this section:
continuous LED light means a white light-emitting diode that shows
a continuous light over an arc of the horizon of 360 degrees.
Part 8 Lights and shapes
Division 8.3 Boats at anchor
Section 52
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flashing LED light means a white light-emitting diode that—
(a) shows a flashing light over an arc of the horizon of 360 degrees;
and
(b) flashes at least once per second.
LED light means a continuous or flashing LED light.
Division 8.3 Boats at anchor
52 Lights for boats at anchor on a lake at night
(1) The operator of a boat commits an offence if the boat—
(a) is at anchor on a lake at night or when visibility is restricted; and
(b) does not show an all round white light.
Maximum penalty: 20 penalty units.
(2) This section does not apply to a boat less than 7m in length if the boat
is not in or near a narrow channel, fairway or anchorage or in an area
where other boats normally navigate.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
Division 8.4 Diving boats, dredges etc and
emergency lights
53 Lights on certain boats restricted in their ability to
manoeuvre
(1) The operator of a boat commits an offence if the boat—
(a) is engaged in underwater operations; and
(b) is on a lake at night or when visibility is restricted; and
(c) is restricted in its ability to manoeuvre; and
Lights and shapes Part 8
Diving boats, dredges etc and emergency lights Division 8.4
Section 53
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(d) does not show the following lights:
(i) 2 red all round lights to indicate the side on which the
underwater operations are being carried out;
(ii) 2 green all round lights to indicate the side on which
another boat may pass.
Maximum penalty: 30 penalty units.
(2) Subsection (1) does not apply for a boat if—
(a) the boat is engaged in diving operations; and
(b) it is impractical to exhibit all lights mentioned in
subsection (1) (d); and
(c) the boat is showing the following:
(i) 3 all round lights in a vertical line that—
(A) is in a position where it can best be seen; and
(B) has a red light as the highest and lowest light of the
line; and
(C) has a white light in the middle of the line;
(ii) a rigid replica of the International Code flag “A” not less
than 1m in height in a visible position.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
(3) In this section:
boat means a boat more than 12m in length.
underwater operations includes dredging operations and diving
operations.
Part 8 Lights and shapes
Division 8.4 Diving boats, dredges etc and emergency lights
Section 54
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54 Shapes on certain boats restricted in their ability to
manoeuvre
(1) The operator of a boat commits an offence if the boat—
(a) is engaged in underwater operations; and
(b) is restricted in its ability to manoeuvre; and
(c) is on a lake during the day; and
(d) does not show the following shapes:
(i) 2 balls in a vertical line to indicate the side on which the
underwater operations are being carried out;
(ii) 2 diamonds in a vertical line to indicate the side on which
another boat may pass.
Maximum penalty: 30 penalty units.
(2) Subsection (1) does not apply for a boat if—
(a) the boat is engaged in diving operations; and
(b) it is impractical to exhibit all shapes mentioned in subsection (1)
(d); and
(c) the boat is showing the following:
(i) 3 all round lights in a vertical line that—
(A) is in a position where it can best be seen; and
(B) has a red light as the highest and lowest light of the
line; and
(C) has a white light in the middle of the line;
(ii) a rigid replica of the International Code flag “A” not less
than 1m in height in a visible position.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
Lights and shapes Part 8
Diving boats, dredges etc and emergency lights Division 8.4
Section 55
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(3) In this section:
boat means a boat more than 12m in length.
underwater operations includes dredging operations and diving
operations.
55 Emergency lights
(1) The operator of a boat commits an offence if the boat—
(a) is under way, or anchored; and
(b) is on a lake at night or when visibility is restricted; and
(c) does not carry an electric torch or ignited lantern ready for
immediate use.
Maximum penalty: 30 penalty units.
(2) The operator of a boat commits an offence if—
(a) the boat is under way, or anchored; and
(b) the boat is on a lake at night or when visibility is restricted; and
(c) a light required to be shown under this division fails; and
(d) the boat does not show the illuminated torch or lantern
mentioned in subsection (1) (c) instead of the failed light.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply for a boat that is required to carry a torch
or lantern under section 50 (1) (b) or section 51 (3) (b).
Note The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see Criminal Code, s 58).
Part 9 Unnecessary use of lights and signals
Section 56
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Part 9 Unnecessary use of lights and
signals
56 Unnecessary use of distress signals
(1) A person commits an offence if the person—
(a) is on a boat on a lake; and
(b) uses distress signalling equipment or makes a distress signal
other than for the purpose of indicating distress.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if the person—
(a) is in a lake area; and
(b) uses distress signalling equipment or makes a distress signal in
circumstances where there was no distress to a person or boat in
the lake area.
Maximum penalty: 30 penalty units.
(3) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) another person on the boat uses distress signalling equipment or
makes a distress signal in circumstances where there was no
distress to a person or boat in the lake area.
Maximum penalty: 30 penalty units.
57 Unnecessary use of lights and signals
(1) A person commits an offence if—
(a) the person is on a boat on a lake or in a lake area; and
(b) the person displays or makes a light or other visual signal or
makes a sound signal; and
Unnecessary use of lights and signals Part 9
Section 58
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(c) the light or signal is of a kind used as a warning or guide to boats;
and
(d) the person does not have an adequate reason to display or make
the light or signal.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) another person on the boat displays or makes a light or other
visual signal or makes a sound signal; and
(c) the light or signal is of a kind used as a warning or guide to boats;
and
(d) the other person does not have an adequate reason to display or
make the light or signal.
Maximum penalty: 30 penalty units.
58 Unauthorised use of emergency patrol signals
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat displays an emergency patrol signal.
Maximum penalty: 30 penalty units.
(2) Subsection (1) does not apply to a defendant if the defendant—
(a) has been allowed, in writing, by a police officer to display the
emergency patrol signal for carrying out an emergency patrol;
or
(b) operated the boat for a relevant person for the purpose of
carrying out an emergency patrol.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
Part 9 Unnecessary use of lights and signals
Section 58
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(3) In this section:
relevant person means—
(a) a member of the ambulance service; or
(b) a member of the fire and rescue service; or
(c) a member of the rural fire service; or
(d) a member of the SES; or
(e) a police officer.
Obstructions to navigation Part 10
Section 59
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Part 10 Obstructions to navigation
59 Failing to warn about obstructions
A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat, or any equipment associated with the boat, is a
potential obstruction to navigation for, or a danger to, another
boat on the lake; and
(c) the person does not warn the person operating the other boat of
the potential obstruction or danger.
Maximum penalty: 30 penalty units.
60 Obstructing fairways and channels
A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat obstructs, or restricts or impedes access to, a fairway or
channel in the lake.
Maximum penalty: 30 penalty units.
61 Obstructing wharves and jetties
(1) A person commits an offence if—
(a) the person operates a boat on a lake; and
(b) the boat obstructs the approach to, or restricts or impedes the
proper use of, a landing place in the lake area.
Maximum penalty: 30 penalty units.
Part 10 Obstructions to navigation
Section 62
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(2) In this section:
landing place means a wharf, jetty, boatshed, slip, launching ramp,
courtesy or emergency mooring.
operate, a boat, does not include to launch, land, or moor the boat.
62 Obstructing boats
(1) A person commits an offence if the person obstructs, or impedes—
(a) the launching or securing of a boat on a lake; or
(b) the removal of a boat from a lake.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if the person obstructs, or impedes the
safe navigation of a boat on a lake.
Maximum penalty: 30 penalty units.
63 Obstructing passengers
A person commits an offence if the person obstructs or impedes
passengers from embarking on or disembarking from a boat on a lake.
Maximum penalty: 30 penalty units.
64 Obstructing cargo
A person commits an offence if the person obstructs or impedes the
loading or unloading of cargo to or from a boat on a lake.
Maximum penalty: 30 penalty units.
Obstructions to navigation Part 10
Section 65
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65 Causing obstruction, nuisance or damage with objects
(1) A person commits an offence if—
(a) the person—
(i) throws an object into a lake; or
(ii) does anything else that results in an object being in, or
extending over, a lake; and
(b) the object obstructs, or is likely to obstruct, a boat from
navigating the lake.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if—
(a) the person—
(i) throws an object into a lake; or
(ii) does anything else that results in an object being in, or
extending over, a lake; and
(b) the object causes, or is likely to cause, a nuisance or danger to a
person.
Maximum penalty: 30 penalty units.
(3) A person commits an offence if—
(a) the person—
(i) throws an object into a lake; or
(ii) does anything else that results in an object being in, or
extending over, a lake; and
(b) the object causes, or is likely to cause, damage to property.
Maximum penalty: 30 penalty units.
Part 10 Obstructions to navigation
Section 66
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(4) In this section:
throw, into a lake, includes propel, or project into, the lake.
66 Failing to light or mark obstructions
A person commits an offence if—
(a) the person owns an obstruction to navigation; and
(b) the obstruction is in a lake area; and
(c) the person does not mark or light the obstruction in a way that
allows for the safe navigation of boats in the lake area.
Maximum penalty: 30 penalty units.
Note The Act, s 56 provides for directions to be given in relation to lighting or
marking obstructions.
Hatches and exterior doors on recreational boats Part 11
Section 67
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Part 11 Hatches and exterior doors on
recreational boats
67 Application—pt 11
This part does not apply in relation to a recreational boat if the boat—
(a) is ordinarily operated in another State; and
(b) complies with the requirements for safety equipment that apply
to the boat in the State; and
(c) has been in the Territory for fewer than 90 consecutive days.
68 Construction
(1) This section applies in relation to a recreational boat if the hull
construction of the boat commenced on or after 1 January 1991.
(2) The owner of a recreational boat commits an offence if—
(a) the boat is operating on a lake; and
(b) a hatch or exterior door on the boat that can be used to enter or
leave the boat cannot be opened from both the outside and the
inside of the boat.
Maximum penalty: 30 penalty units.
(3) A person commits an offence if—
(a) the person operates a recreational boat on a lake; and
(b) a hatch or exterior door on the boat that can be used to enter or
leave the boat cannot be opened from both the outside and the
inside of the boat.
Maximum penalty: 30 penalty units.
Part 11 Hatches and exterior doors on recreational boats
Section 69
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(4) A person commits an offence if—
(a) the person supplies a recreational boat to another person; and
(b) the person knows that the boat will be, or is likely to be, used
for recreational purposes on a lake; and
(c) a hatch or exterior door on the boat that can be used to enter or
leave the boat cannot be opened from both the outside and the
inside of the boat.
Maximum penalty: 30 penalty units.
69 Locking hatches and exterior doors
A person commits an offence if—
(a) the person operates a recreational boat on a lake; and
(b) a hatch or exterior door on the boat that can be used to enter or
leave the boat is locked while the boat is under way; and
(c) it is reasonably practicable for the door or hatch to be unlocked
while the boat is under way.
Maximum penalty: 30 penalty units.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ambulance service
• Australian/New Zealand Standard
• breach
• fire and rescue service
• person (see s 160)
• police officer
• rural fire service
• SES
• State
• the Territory.
Note 3 Terms used in this regulation have the same meaning that they have in
the Lakes Act 1976 (see Legislation Act, s 148). For example, the
following terms are defined in the Lakes Act 1976, dict:
• boat
• domestic commercial vessel
• inspector
• lake
• lake area
• master
• obstruction to navigation
• operate
• power boat
• recreational boat
• RMS
• under way.
Dictionary
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accompanied sailing boat, for part 2 (Required number of lifejackets,
required safety equipment and required standards—Act, s 47 (1) (a)
and s 50)—see section 6.
all round light, for part 8 (Lights and shapes)—see section 45.
all round white light, for a boat, for part 8 (Lights and shapes)—see
section 45.
channel means an area of a lake that—
(a) may be indicated by navigation marks; and
(b) provides a passage for boats.
combined lantern, for a boat, for part 8 (Lights and shapes)—see
section 45.
combined sidelights, for a boat, for part 8 (Lights and shapes)—see
section 45.
dragon boat means a boat that is—
(a) carvel constructed; and
(b) propelled with paddles by a large crew; and
(c) built so as to float if swamped or capsized.
dragon boat operating requirements, for part 2 (Required number of
lifejackets, required safety equipment and required standards—Act,
s 47 (1) (a) and s 50)—see section 6.
fairway means that part of an area of a lake that is usually used by
boats for navigating through the area.
general requirement, for division 2.3 (Required safety equipment—
Act, s 50)—see section 8.
masthead light, for a boat, for part 8 (Lights and shapes)—see
section 45.
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off-the-shore boat, for part 2 (Required number of lifejackets for
boats—required safety equipment and required standards—Act,
s 47 (1) (a) and s 50)—see section 6.
operator, of a boat, for part 8 (Lights and shapes)—see section 45.
personal watercraft means a power boat that—
(a) has a fully enclosed hull; and
(b) does not retain water that is taken on if it capsizes; and
(c) is designed to be operated by a person lying, standing, sitting
astride, or kneeling on the boat but not seated within the boat.
Examples
• a jet powered surfboard
• a jet ski
sailing boat means a boat with a sail, but does not include a boat when
it is being propelled (in whole or part) by mechanical power.
separate sidelights, for a boat, for part 8 (Lights and shapes)—see
section 45.
sidelights, for a boat, for part 8 (Lights and shapes)—see section 45.
small boat, for part 2 (Required number of lifejackets for boats—
required safety equipment and required standards—Act, s 47 (1) (a)
and s 50)—see section 6.
small tender, for part 2 (Required number of lifejackets for boats—
required safety equipment and required standards—Act, s 47 (1) (a)
and s 50)—see section 6.
sternlight, for a boat, for part 8 (Lights and shapes)—see section 45.
tender, for part 2 (Required number of lifejackets for boats—required
safety equipment and required standards—Act, s 47 (1) (a) and
s 50)—see section 6.
visibility is restricted—see section 46.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired