633Bathing (including nude bathing) and other water-based recreational activities

#### 633 Bathing (including nude bathing) and other water-based recreational activities 633 Bathing (including nude bathing) and other water-based recreational activities > > (1) A person who, in a place being— > > > > > (a) a public bathing place under the control of a council, or > > > > > (b) a river, watercourse or tidal or non-tidal water, or > > > > > (c) the sea adjacent to (although outside) an area, or > > > > > (d) a public place adjacent to any of those places, > > > > fails to comply with the terms of a notice erected by the council is guilty of an offence. > > > > Maximum penalty—10 penalty units. > > > (2) A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing. > > > > Maximum penalty—10 penalty units. > > > (3) A council may erect a notice— > > > > > (a) on land vested in or under the control of a council, or > > > > > (b) on any other land, with the consent of the person who owns or controls the land. > > > (4) The terms of a notice referred to in this section may relate to one or more of the following— > > > > > (a) the conduct and costume of the bathers in the place, > > > > > (b) the use of the place (or any part of the place open to public view) for the purposes of nude bathing, > > > > > (c) the use of water-based recreational equipment in the place. > > > (4A) However, a notice referred to in this section cannot prohibit— > > > > > (a) the use of a designated beach for the purposes of nude bathing, or > > > > > (b) a person from otherwise being in the nude at a designated beach. > > > (4B) Accordingly, any such notice (whether erected before or after the commencement of the [Local Government Amendment (Nude Bathing) Act 1996](/view/pdf/asmade/act-1996-133)) that purports to prohibit the use of a designated beach for the purposes of nude bathing, or that purports to prohibit a person from otherwise being in the nude at a designated beach, has no effect on or after that commencement. > > > (4C) A notice referred to in this section cannot prohibit or regulate the use of any waters by a vessel (within the meaning of the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013))— > > > > > (a) in the case of a notice erected after the commencement of this subsection—unless the Minister administering that Act has consented to the erection of that notice, or > > > > > (b) in the case of a notice erected before that commencement—if the Minister administering that Act has directed the council to remove the notice. > > > (5) The terms of a notice referred to in this section may— > > > > > (a) apply generally or be limited in their application by reference to specified exceptions or factors, or > > > > > (b) apply differently according to different factors of a specified kind, > > > > or may do any combination of those things. > > > (6) In this section— > > > > designated beach means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach)— > > > > > Lady Bay (Lady Jane) Beach > > > > > Cobblers Beach > > > > > Obelisk Beach > > > > > Werrong Beach > > > > > Samurai Beach > > **s 633:** Am 1994 No 44, Sch 12 (6); 1996 No 133, Sch 1 \[1\]–\[3\]; 1998 No 121, Sch 3.5; 2000 No 112, Sch 3 \[26\]; 2007 No 27, Sch 1.25.