Marine and Harbours (Departmental Areas) Regulations 1998

The regulations revolve around five main conceptual pillars: departmental land administration, signage and "indicated publicly", permissions and delegated discretion, enforcement by infringement notice, and cross‑statutory definitions.

1. Departmental land and departmental areas. The instrument applies to "departmental land" and "departmental areas" as those expressions are used under the Marine and Harbours Act 1981. The regulations create discrete behavioural rules that apply within those territorial bounds. For some operational rules (parking, driving) a lease to a local government removes the regulations' operation, as regulation 5 provides that regulations 3 and 4 do not apply to departmental land leased to a local government under the Local Government Act 1995. That produces a spatial carve‑out where local government lease terms will control instead.

2. "Indicated publicly" and signage as the operative trigger. Many prohibitions operate only where something is "indicated publicly" (defined in regulation 2(1) as notices or signs of the kind referred to in s 5B of the Act at or near the area to which they apply). The effect is that the default status of an area depends on the presence and content of signage, and the regulations link legal effect to public notification rather than to an intrinsic categorisation in the statute.

3. Permission and delegated discretion. Several activities require written permission of the "chief executive officer" or permission of an "officer of the Department" (regs 3(1), 4(1), 4(2)(b), 6(3), 7(1)). The regulations therefore allocate decision rights to departmental executives and officers to authorise exceptions. The instrument does not set decision criteria or timelines for those permissions within the text supplied.

4. Criminal penalties plus infringement regime. The text sets maximum penalties on conviction for each offence (for example, regulation 3(1) penalty $250; regulation 6(1) penalty $500; regulation 8 penalty $500). Separately, Schedule 1 lists modified penalties (infringement amounts) for named offences and regulation 9 ties the infringement notice procedure to ss 18A and 18B of the Act. The difference between statutory maximum penalties and the lower modified penalties is explicit in the text: an alleged offender can usually elect to pay the modified penalty set out in Schedule 1 to avoid court proceedings, using Form 1 (Schedule 2).

5. Specific fee instrument for Hillarys Boat Harbour. Regulation 3A creates an express fee regime for parking boat trailers at Hillarys Boat Harbour where parking is indicated to be permitted. The regulation states a daily charge ($10.40) and an annual charge ($164.40). The compilation table and amendment history show this fee has been adjusted and the regulation inserted by amendment (see the amendment notes and compilation table).

Definitions and cross‑references. The regulations import statutory meanings for terms such as "carriageway", "park" and "vehicle" from other transport statutes (regulation 2(1)). They also exclude motorised wheelchairs from the definition of "vehicle" (regulation 2(1)). Regulation 2(2) explicitly places the regulations "subject to any written law and any law of the Commonwealth about assistance animals" as defined in the Commonwealth Disability Discrimination Act 1992 s 9(2). This creates a statutory hierarchy where Commonwealth assistance animal law can override the application of these rules where applicable.

Overall, the instrument is a rules‑based regime that relies on visible signage to determine permitted conduct, grants discretionary permission powers to departmental officers and the chief executive officer, and couples criminal sanctions with an administrable infringement notice scheme for lower value breaches.

The regulations affect multiple groups; the obligations and compliance costs fall principally on users of departmental land and waters, vehicle owners, vessel operators, and a narrower set of regulated service providers. The material parties and their roles are:

• Users of departmental land and waters. Anyone who parks, drives, rides, swims, dives, or uses jetties or waters within a departmental area is directly subject to the prohibitions and permission requirements in regulations 3, 4, 6 and 7. For example, a person who parks a vehicle outside an area indicated for parking may commit an offence under regulation 3(1) with a maximum penalty of $250 and a modified penalty of $50 (Schedule 1 Item 1).

• Vehicle owners and drivers. The instrument explicitly contemplates both the person committing an act and, in specified cases, the registered or apparent owner of a vehicle. Regulation 10 lists particular offences (the Table) as those for which an infringement notice may be served under s 18A(2) of the Act read with s 18B(1) of the Act. The listed offences include parking outside indicated areas (reg 3(1)), overstaying the indicated maximum period (reg 3(2)), parking in disabled bays without entitlement (reg 3(3)), obstructive parking (reg 3(4)), driving or riding outside permitted areas (reg 4(1)), and driving or riding over speed limits (reg 4(3)). The effect is that vehicle owners can be the addressees of infringement notices for those vehicle‑related contraventions; the Form 1 provides a template where "owner of (vehicle identification)" is sufficient when notice is given under s 18B(1) (Schedule 2 Form 1).

• Vessel operators and persons in charge of vessels. Regulation 6(1) prohibits a person in charge of a vessel from causing or permitting entry into waters indicated publicly as reserved for swimming or waters that vessels are prohibited to enter. The maximum penalty is $500 and Schedule 1 Item 7 sets a modified penalty of $100 for that offence. Vessel operators therefore face both exclusion zones (by signage) and potential penalties.

• Persons with animals and animal controllers. Regulation 7(1) makes it an offence to allow an animal on a jetty in a departmental area without permission of an officer of the Department. The penalty on conviction is $100 and Schedule 1 Item 10 sets a modified penalty of $20. The regulation does not specify species or size restrictions; permission is an operational discretion of Department officers.

• Persons with disabilities and ACROD permit holders. Regulation 3(3) makes clear that parking in spaces reserved for disabled persons requires that (a) a disabled person is the driver of, or passenger in, the vehicle; and (b) the vehicle displays a current ACROD sticker (regulation 3(3)). The regulations are, however, expressly subject to Commonwealth assistance animal law (regulation 2(2)), and the definition of "vehicle" excludes motorised wheelchairs (regulation 2(1)). That means persons using motorised wheelchairs are not treated as users of "vehicles" under this instrument for purposes of the vehicle‑specific rules.

• The Department and its officers, including the "chief executive officer" and "authorised officers". The Department gains regulatory decision rights: officers decide whether to permit animals on jetties, may grant permission to drive or ride non‑motorized vehicles outside carriageways (regulation 4(2)(b)), and the chief executive officer may give written permission to park, drive or allow activities other than those indicated publicly (regs 3(1), 4(1), 6(3)). The Form templates assume authorised officers will issue infringement notices and withdrawal notices (Schedule 2 Forms 1 and 2) and they sign and authorise payments and refunds.

• Local governments. Where departmental land is leased to a local government, regulations 3 and 4 do not apply (regulation 5). That means the leasing local government controls parking and driving rules on their leased portions; users and owners in such leased areas are affected by a switch in applicable rules.

• Persons liable to give information to Department officers. Regulation 8 criminalises giving information to a Department officer in relation to an alleged offence under these regulations that is known to be false or misleading in a material particular or omits material matters. The penalty is $500.

In revenue terms, the regulations expressly impose a charging regime for a defined activity at a defined location: parking boat trailers at Hillarys Boat Harbour, with daily and annual charges in regulation 3A. That imposes direct monetary costs on trailer owners who use those indicated parking areas.

Finally, the public signage mechanism means that the regulations primarily affect persons who enter places where signage has been erected. Where signage is absent, conduct may not be captured by a prohibition that requires that something be "indicated publicly". That makes the physical maintenance and content of signage operationally relevant to compliance by the groups above.

This section identifies the discrete statutory duties the regulations impose, the permissions the instrument grants as rights, and the procedural rights tied to the infringement scheme. Each duty or right is cited to the precise regulation.

Principal statutory duties

• Do not park except where parking is indicated publicly or with written permission. Regulation 3(1) creates a duty not to park a vehicle on departmental land unless the parking is in an area where parking is indicated publicly or the person has the written permission of the chief executive officer. The maximum penalty on conviction for breach is $250 and a modified penalty of $50 is listed in Schedule 1 Item 1.

• Observe indicated maximum parking periods. Regulation 3(2) prohibits parking for longer than any publicly indicated maximum period. Penalty $100; modified penalty $20 (Schedule 1 Item 2).

• Use disabled parking bays correctly. Regulation 3(3) creates a duty not to park in spaces publicly reserved for disabled persons unless the vehicle carries a disabled person as driver or passenger and displays a current ACROD sticker in a prominent position. Penalty $250; modified penalty $50 (Schedule 1 Item 3).

• Avoid obstructive parking. Regulation 3(4) prohibits parking in a manner that obstructs a footpath, pedestrian crossing, vehicle loading zone, or an entrance/exit to places on departmental land. Penalty $250; modified penalty $50 (Schedule 1 Item 4).

• Drive or ride only on carriageways or indicated parking spaces unless written permission. Regulation 4(1) makes it an offence to drive or ride a vehicle on departmental land other than on a carriageway, or where parking is indicated publicly, without written permission from the chief executive officer. Penalty $250; modified penalty $50 (Schedule 1 Item 5).

• Non‑motorized vehicle exceptions. Regulation 4(2) permits driving or riding a non‑motorized vehicle on a dual use path or with permission from an officer of the Department. This is a statutory carve‑out which sets where and when non‑motorized vehicles may be used.

• Observe maximum speed limits. Regulation 4(3) prohibits driving or riding on departmental land at speeds greater than the indicated maximum speed or, absent signage, above 40 km/h. Penalty $250; modified penalty $50 (Schedule 1 Item 6).

• Vessel operators keep out of reserved waters. Regulation 6(1) requires a person in charge of a vessel in a departmental area not to cause or permit the vessel to enter waters indicated publicly as reserved for swimming or waters where vessels are prohibited. Penalty $500; modified penalty $100 (Schedule 1 Item 7).

• Do not dive from jetties. Regulation 6(2) makes diving into waters from a jetty unlawful. Penalty $400; modified penalty $80 (Schedule 1 Item 8).

• Swimming and diving restrictions. Regulation 6(3) restricts swimming or diving to waters indicated publicly as reserved for swimming, unless the person has the written permission of the chief executive officer. Penalty $100; modified penalty $20 (Schedule 1 Item 9).

• Animals on jetties. Regulation 7(1) prohibits permitting an animal on a jetty without permission from an officer of the Department. Penalty $100; modified penalty $20 (Schedule 1 Item 10).

• Truthful information. Regulation 8 requires persons to provide truthful and non‑misleading information to Department officers about alleged contraventions under these regulations. Penalty $500.

Permissions and rights to seek permission

• Written permission of the chief executive officer. Several provisions allow activities only with the written permission of the chief executive officer: parking outside indicated areas (regulation 3(1)), driving or riding off carriageways (regulation 4(1)), and swimming or diving in non‑indicated waters (regulation 6(3)).

• Permission of an officer of the Department. More limited permissions may be given by Department officers, for example on animals on jetties (regulation 7(1)), and for driving or riding non‑motorized vehicles outside carriageways where that is not a dual use path (regulation 4(2)(b)).

• Right to pay a modified penalty. Regulation 9(2) and Schedule 1 establish specified modified penalties for certain contraventions. Form 1 in Schedule 2 sets out the procedure and time limit for payment: an alleged offender may pay the modified penalty to an authorised officer within 28 days after the giving of the notice to avoid court proceedings. The Form also records that if payment is not made a summons may be issued and additional amounts may be payable.

Enforcement modalities and procedural rights

• Infringement notice mechanism. Regulation 9(1) designates certain regulation provisions as offences for the purposes of service of an infringement notice under s 18A(2) of the Act. Regulation 9(3) prescribes Form 1 as the infringement notice template and regulation 9(4) prescribes Form 2 as the withdrawal notice template. Regulation 10 identifies offences for which an infringement notice may be served under s 18A(2) as read with s 18B(1) of the Act, effectively enabling service on vehicle owners in the circumstances s 18B contemplates.

• Owner onus for vehicle offences. Regulation 10 and its Table list vehicle‑related contraventions for which an infringement notice may be served on the vehicle owner as per the Act's service provisions. Schedule 2 Form 1 explicitly states that when an infringement is served under s 18B(1) the phrase "owner of (vehicle identification)" is sufficient and that the owner’s address need not be given in those circumstances.

• Withdrawal and refund. Form 2 in Schedule 2 is the prescribed notice for withdrawal of an infringement notice and contains fields for indicating if the modified penalty was paid and whether a refund is enclosed. The authorised officer signs the withdrawal notice.

Limits, exclusions and hierarchy

• Exclusion for local government leased land. Regulation 5 excludes departmental land leased to a local government from the application of regulations 3 and 4. That removes the parking and driving duties in those locations and shifts governance to the lease terms and local government law.

• Interaction with Commonwealth assistance animal law. Regulation 2(2) makes the regulations subject to Commonwealth laws on assistance animals, which may override or limit the application of the regulations where assistance animals are involved.

• Definition limits. Regulation 2(1) excludes motorised wheelchairs from the definition of "vehicle" and treats non‑motorized vehicles separately under regulation 4(2), which affects the reach of vehicle duties for mobility device users.

Overall, the statutory architecture pairs bright‑line prohibitions with delegated permissions; it creates both criminal penalties and an administrable infringement notice alternative; and it uses signage as the principal operational trigger for many duties.

The regulations establish a two‑tiered enforcement framework: criminal penalties on conviction in court, and a lower fixed “modified penalty” regime administered by authorised officers through infringement notices under the Act. The instrument also prescribes the forms and certain procedural elements for issuing and withdrawing infringement notices.

Criminal penalties on conviction

Each substantive prohibition contains a maximum penalty for a court conviction. Examples:

• Parking outside indicated areas, or without written permission: penalty $250 (regulation 3(1)).
• Parking longer than the maximum period: penalty $100 (regulation 3(2)).
• Parking in disabled bays without a disability occupant and ACROD sticker: penalty $250 (regulation 3(3)).
• Driving or riding outside carriageways or indicated spaces without written permission: penalty $250 (regulation 4(1)).
• Exceeding indicated speed limits or 40 km/h where none indicated: penalty $250 (regulation 4(3)).
• Causing or permitting a vessel to enter waters reserved for swimming or prohibited waters: penalty $500 (regulation 6(1)).
• Diving from a jetty: penalty $400 (regulation 6(2)).
• Unauthorised swimming or diving: penalty $100 (regulation 6(3)).
• Allowing animals on jetties without permission: penalty $100 (regulation 7(1)).
• Giving false or misleading information to Department officers: penalty $500 (regulation 8).

These maximum penalties represent the statutory exposure if a matter proceeds to prosecution and a conviction is entered.

Infringement notice and modified penalties

Regulation 9 identifies which offences are eligible for infringement notices under section 18A(2) of the Act and prescribes the modified penalties in Schedule 1 for those offences. The act of serving an infringement notice may substitute immediate prosecution, enabling administrative resolution at stated monetary amounts. Schedule 1 lists items and amounts; examples include:

• Item 1: regulation 3(1) modified penalty $50.
• Item 2: regulation 3(2) modified penalty $20.
• Item 3: regulation 3(3) modified penalty $50.
• Item 4: regulation 3(4) modified penalty $50.
• Item 5: regulation 4(1) modified penalty $50.
• Item 6: regulation 4(3) modified penalty $50.
• Item 7: regulation 6(1) modified penalty $100.
• Item 8: regulation 6(2) modified penalty $80.
• Item 9: regulation 6(3) modified penalty $20.
• Item 10: regulation 7(1) modified penalty $20.

The infringement notice form is prescribed in Schedule 2 Form 1 and includes key information such as alleged time and place, the relevant regulation, the modified penalty amount, and the 28 day payment window for avoiding court action (Schedule 2 Form 1). The form also expressly contemplates service on "owner of (vehicle identification)" under s 18B(1) of the Act.

Service on vehicle owners and onus

Regulation 10 lists particular offences for which an infringement notice may be served under s 18A(2) of the Act read with s 18B(1) of the Act. The practical effect is that vehicle owners may be notified as the responsible party for certain vehicle‑related contraventions even if not the person who committed the act. Schedule 2 Form 1 supports that mechanism by permitting the use of "owner of (vehicle identification)" when an infringement notice is given under s 18B(1).

Withdrawal and refund

Regulation 9(4) prescribes Form 2 in Schedule 2 as the form for withdrawal of an infringement notice per s 18A(7) of the Act. Form 2 includes fields to indicate whether the modified penalty was paid and whether a refund is enclosed; it requires the authorised officer's details and signature.

Enforcement agents and authorisation

The forms refer to an "authorised officer" who gives the notice and accepts payment. The regulations do not set out the process for appointing or qualifying authorised officers; that function is left to the Act and departmental practice. The chief executive officer and officers of the Department hold discretionary permission powers under the substance of the regulations (regs 3(1), 4(1), 6(3), 7(1)), and authorised officers are the front‑line enforcement agents issuing infringement notices and withdrawal notices.

Procedural timings and consequences

Form 1 provides that the modified penalty must be paid within 28 days after the giving of the notice to avoid court action. The Form warns that failure to pay may result in a summons and additional amounts. Regulation 9(2) aligns the modified penalty amounts with s 18A(4) of the Act. The regulations do not provide detailed appeal or review procedures for permission denials; those administrative remedies would be governed by general administrative law or other statutory instruments.

Penalties and charges distinct from modified penalties

It is important to note the difference between the statutory maximum penalty printed in the relevant regulation and the modified penalty in Schedule 1. For example, parking in contravention of regulation 3(1) carries a $250 maximum penalty on conviction, but an infringement notice in lieu of prosecution would ordinarily carry a $50 modified penalty (Schedule 1 Item 1). The text therefore provides a lower, administratively enforceable monetary sanction as an alternative to court prosecution.

Revenue instrument for Hillarys Boat Harbour

Regulation 3A creates specific charges for parking boat trailers at Hillarys Boat Harbour where parking is indicated publicly. It prescribes a daily charge and an annual charge (daily $10.40; annual $164.40 as at the version printed). Those statutory charges are separate from penalties and are payable as a condition of parking a boat trailer in the indicated area. The compilation table shows the regulation has been amended multiple times to update fees and charges.

Summary

Enforcement under the regulations is a mix of criminal prosecution risk and administrable infringement settlement. Authorised officers implement the infringement scheme using the prescribed forms and timeframes in Schedule 2. The regulations allocate discretion to Department officers and the chief executive officer for permissions. The statutory framework is integrated with the Act’s infringement and owner‑service provisions by explicit cross‑references (regulation 9 and regulation 10).

The regulations are expressly interlaced with other Western Australian statutes and Commonwealth law by cross‑reference. The text imports definitions, links enforcement mechanisms to the Act, excludes certain applications where other regimes operate, and is subject to Commonwealth assistance animal law. Specific interactions are:

Definitions and cross‑statutory importation

• Road traffic definitions. Regulation 2(1) imports meanings from the Road Traffic Code 2000 for "carriageway" and "park" (regulation 2(1)). It also excludes motorised wheelchairs from the definition of "vehicle" as defined in the Road Traffic (Administration) Act 2008 s 4 and Road Traffic Code 2000 regulation 3(1). Those imports mean that the traffic‑related rules in these regulations deploy the established traffic law vocabulary rather than reinventing it.

• Jetties Act 1926. The term "jetty" is defined to have the same meaning as in the Jetties Act 1926 (regulation 2(1)), aligning shore infrastructure terminology with that Act.

• Commonwealth Disability Discrimination Act 1992. Regulation 2(2) states the regulations are subject to any written law and any law of the Commonwealth about assistance animals as defined in the Commonwealth Disability Discrimination Act 1992 s 9(2). That creates a conflict‑of‑laws safeguard: where Commonwealth law on assistance animals applies, it will prevail to the extent of inconsistency.

Tying enforcement to the Marine and Harbours Act 1981

• Infringement procedure under the Act. Regulation 9 designates offences in these regulations as offences for the purposes of service of infringement notices under s 18A(2) of the Act and sets modified penalties under s 18A(4) of the Act (regulation 9(1)-(2)). Regulation 10 similarly ties certain vehicle offences to the Act’s owner service provision s 18B(1). The regulations therefore depend on the Act for the procedural mechanism that allows Department officers to issue infringement notices and, in specified circumstances, to serve notices on vehicle owners rather than only on the person who committed the offence.

Carve‑outs for local government leased land

• Local Government Act 1995 lease exclusion. Regulation 5 states that regulations 3 and 4 do not apply to departmental land leased to a local government within the meaning of the Local Government Act 1995. This means parking and driving rules under these regulations give way to the lease terms and to the local government’s regulatory or by‑law framework over that leased land. This allocation requires users and enforcement officers to determine lease status before applying the rules.

Fees and charges instruments

• Transport Regulations Amendment (Fees and Charges) series. The compilation table records multiple amending instruments titled Transport Regulations Amendment (Fees and Charges) Regulations (various years) that updated regulation 3A (and possibly other fee‑related matters). The insertion and periodic adjustment of Hillarys Boat Harbour charges are effected through amendments made under the transport fee amending instruments cited in the compilation table. The regulations therefore interact administratively with the government’s periodic fee adjustment machinery.

Administrative law and government policy interplay

• Discretionary permissions. The regulations grant discretionary permissions (chief executive officer or Department officer). While the regulations do not state decision criteria or internal review rights, those permissions will be subject to general administrative law principles and governance frameworks applying to WA government departments. The regulations do not itself create an appeal right against refusal of permission.

• Enforcement officers and authorised officers. The forms and enforcement regime presume authorised officers under the Act will exercise enforcement powers in alignment with the Act’s authorisation and delegation structure. The regulations do not specify appointment processes; those are part of the Act and departmental delegation practices.

Limits created by Commonwealth law and human rights considerations

• Assistance animals and disability. Regulation 2(2) explicitly acknowledges the primacy of Commonwealth assistance animal law, which can limit the application of an otherwise qualifying prohibition. The regulations also exclude motorised wheelchairs from the definition of "vehicle" which may affect the application of vehicle rules to persons with mobility devices. These provisions signal that Commonwealth anti‑discrimination law and other Commonwealth laws will shape how the regulations apply in particular circumstances.

In short, the regulations are supplementary and operational, relying on and interoperating with broader traffic law definitions, the procedural enforcement machinery of the Marine and Harbours Act 1981, local government lease arrangements via the Local Government Act 1995, and Commonwealth assisted‑animal law. For compliance and enforcement, practitioners must read the regulations in conjunction with the Act and the cited external statutes.

The compilation table and the marginal amendment notes in the text show the regulations have been updated periodically since their original commencement. The recorded amendments in the provided compilation are:

• Original enactment. Marine and Harbours (Departmental Areas) Regulations 1998 were published 17 July 1998 and commenced 17 July 1998.

• Amendment 2014/2015. The Marine and Harbours (Departmental Areas) Amendment Regulations 2014 are recorded in the compilation table with Gazette 8 January 2015 pages 53-55. The marginal note beside regulation 2 indicates regulation 2 was amended (Gazette 8 Jan 2015 p. 53‑4). The compilation indicates r.1 and r.2 commenced 8 January 2015, with other regulations commencing on 27 April 2015 as per the Gazette entry.

• Insertion and amendment of regulation 3A (Hillarys Boat Harbour charges). Regulation 3A was inserted by the Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2017 Pt. 2, Gazette 23 June 2017 p. 3253-78, with that insertion commencing 1 July 2017 (r.2(b) of that amending instrument). The marginal note records subsequent amendments and fee updates in 2018 (Gazette 22 June 2018 p. 2184), 2019 (Gazette 31 May 2019 p. 1722), 2020 (SL 2020/60 r. 4), 2021 (SL 2021/68 r. 10), 2022 (SL 2022/56 r. 4), 2023 (SL 2023/45 r. 4), 2024 (SL 2024/57 r. 4), and 2025 (SL 2025/64 r. 6). The compilation table records each of the Transport Regulations Amendment (Fees and Charges) Regulations instruments and their gazettal dates and commencement dates (typically 1 July of the relevant year). Those amending instruments appear to have been used to update the daily and annual parking charges in regulation 3A.

• Reprint and earlier compilation. The compilation lists Reprint 1 of the 1998 regulations as at 7 May 2004.

The amendment record in the compiled text indicates an ongoing practice of adjusting certain fees and possibly updating definitions or forms (as evidenced by the 2015 amendment to regulation 2 and the Form 1 amendment noted in Schedule 2). The repeated fee amending instruments in the compilation table demonstrate that regulation 3A is subject to periodic fee revision via fee amending Regulations. The marginal note that Form 1 was amended (Gazette 8 Jan 2015 p. 54‑5) confirms at least one procedural form update.

The text does not set out the content of the amending instruments beyond noting their titles, Gazette references and commencement dates in the compilation table. The precise nature of earlier textual amendments (beyond the insertion of reg 3A and the 2015 amendments to reg 2 and Form 1) would require consulting the individual amending Gazettes or the reprint/compilation as at specific dates. The compilation table provides the necessary references to those instruments for follow‑up.

In sum, the amendments recorded in the text show the regulations are a live instrument with at least two observable amendment patterns: (a) periodic fee adjustments implemented through Transport Regulations Amendment (Fees and Charges) Regulations series, and (b) occasional definitional or form updates (for example the 2015 amendment to regulation 2 and Form 1).

The text of the compilation contains no judicial decisions, cases, or litigation history. There are no reported authorities cited in the regulations themselves, and the schedules and forms do not reference any court rulings. Therefore, based solely on the legislative text supplied:

• No case law is recorded in the regulation compilation.
• There are no cited judicial interpretations of the regulations in the source material.
• The instrument does not include references to litigated challenges to the regulations, nor does it record precedents for enforcement practice.

Practitioners seeking litigation history or judicial interpretation should consult court databases, Westlaw or AustLII for decisions that mention the Marine and Harbours (Departmental Areas) Regulations 1998 or related provisions of the Marine and Harbours Act 1981, and examine enforcement records held by the Department. The compiled regulation simply establishes statutory offences and administrative procedures but does not itself catalogue litigation.

It is also important to note that the regulations interact with the enforcement provisions in the Marine and Harbours Act 1981 (not reproduced in full in this compilation); litigation arising under the regulations may therefore be recorded under the Act’s enforcement and appeal provisions. To obtain a comprehensive litigation history, review of court and tribunal decisions applying s 18A and s 18B of the Act, and decisions dealing with permissions granted or refused under the regulations (for example, appeals against the exercise of the chief executive officer’s discretion), would be necessary. None of those materials are part of the present source.

These are specific traps, operational friction points and counterintuitive features that arise directly from the text and that compliance officers, counsel and decision makers should attend to.

1. Signage controls legal effect. Many prohibitions apply only "where it is indicated publicly" (regulation 2(1) definition). The presence, location and wording of signs and notices referred to under s 5B of the Act determine whether an area falls within a prohibition. That shifts a compliance burden from users to the Department for clear signage, and to users for checking signage at the precise location. Enforcement will often turn on whether appropriate signage was in place and visible at the time.

2. Difference between maximum penalty and modified penalty. Every practitioner should note the distinction: the maximum penalty in the regulation (for conviction) is generally substantially higher than the modified penalty in Schedule 1. For example, regulation 3(1) carries a $250 maximum penalty, but Schedule 1 Item 1 sets a modified penalty of $50. Mistaking the two amounts could lead to poor client advice about exposure and likely outcome.

3. Owner onus for vehicle offences. Regulation 10 designates specific vehicle offences as those for which an infringement notice may be served under s 18A read with s 18B(1) of the Act. Schedule 2 Form 1 anticipates service on "owner of (vehicle identification)" and permits omission of the owner’s address in those specific circumstances. That can result in an owner receiving notice and needing to rebut or explain that they were not the driver. Practitioners should note the procedural shift of service and the evidential implications for owners.

4. Motorised wheelchairs excluded from "vehicle." Regulation 2(1) excludes motorised wheelchairs from the definition of "vehicle" as defined in the Road Traffic (Administration) Act 2008 and Road Traffic Code 2000. Combined with regulation 4(2) which separately addresses non‑motorized vehicles and dual use paths, mobility device users may be subject to different rules and protections than users of ordinary vehicles. Advising persons with disabilities requires attention to this definitional boundary and to the Commonwealth assistance animal law reference in regulation 2(2).

5. Assistance animal law override. Regulation 2(2) makes the regulations subject to Commonwealth assistance animal law in the Disability Discrimination Act 1992. That means a Department officer’s refusal to allow an assistance animal, or enforcement action against a person with an assistance animal, may raise issues of inconsistency with Commonwealth law. This creates an overlay that must be considered where animals are involved in use of departmental areas.

6. Permissions are granted but criteria are absent. Several activities may be permitted by the chief executive officer or by Department officers (regs 3(1), 4(1), 4(2)(b), 6(3), 7(1)). The regulations do not set statutory criteria, timelines or appeal mechanisms for those permissions. That raises practical risks: delays, inconsistent decisions, and potential administrative law challenges. The regulation leaves the implementation details to departmental policy and general administrative law.

7. Local government leased land carve‑out. Regulation 5 excludes departmental land leased to local government from the parking and driving rules (regs 3 and 4). Users and enforcers must identify lease status to determine applicable rules. That adds a layer of title/lease checking to enforcement operations and to compliance advice for clients at or near lease boundaries.

8. Forms prescribe limited procedural detail. Schedule 2 Form 1 sets out a 28 day payment period, but the regulations do not elaborate on extension, instalments, or the handling of disputes prior to payment other than indicating a summons may be issued. Practitioners should be aware that administrative resolution options beyond payment may require departmental engagement or court processes.

9. Specificity of Hillarys Boat Harbour charges. Regulation 3A fixes daily and annual charges for parking boat trailers at Hillarys Boat Harbour where parking is publicly indicated. The regulations have been used repeatedly to update those charges (see compilation table). For trailer owners, unawareness of the local statutory charge could lead to inadvertent non‑payment and infringement exposure. The daily and annual amounts are statutory; checking the current amount is necessary because the compilation shows periodic adjustments.

10. Penalty for providing false or misleading information is substantial. Regulation 8 carries a maximum penalty of $500 for providing false or misleading information to a Department officer about an alleged offence. That is a comparatively high exposure for incorrect statements and emphasises the need for caution in statements to officers.

In short, the crucial operational gotchas from the text involve signage dependence, the owner service mechanism, definitional exclusions affecting people with mobility devices, the absence of statutory decision criteria for permissions, the local government carve‑out, and the dual penalty/infringement structure. Each of these can materially affect enforcement outcomes and compliance obligations.

This section provides concrete, source‑grounded steps for individuals, vehicle owners, vessel operators, and departmental officers to reduce enforcement risk and to operate within the regime established by the regulations. Each step cites the relevant regulation or schedule.

1. Check signage before acting (regulation 2(1) and multiple prohibitions). Because many prohibitions apply only where something is "indicated publicly" (regulation 2(1)), always check at the location for notices or signs of the kind referred to in s 5B of the Act. If there is no clear signage, the specific prohibition tied to signage may not be engaged. For commercial clients, document signage (photograph with timestamp) to evidence the state of indications at the time of an incident.

2. Obtain written permission where required (regs 3(1), 4(1), 6(3), 7(1)). If conduct is outside an indicated permitted area , for example parking on non‑indicated departmental land, driving off carriageways, or swimming in non‑indicated waters , apply in writing to the chief executive officer (for those provisions that require written permission) or seek an officer’s permission where the regulation allows. Keep written copies of any permissions granted and ensure they are carried if the permitted activity is being done. The regulations make written permission a statutory precondition in several places.

3. Comply with disabled parking rules (regulation 3(3)). To use spaces publicly reserved for disabled persons, ensure a disabled person is the driver or passenger and that the vehicle displays a current ACROD sticker in a prominent position. Keep ACROD documentation up to date and visible.

4. Observe maximum parking periods and pay applicable trailer charges (regulation 3(2); regulation 3A). If signage indicates a maximum parking duration, do not stay beyond that period (regulation 3(2)). For parking boat trailers at Hillarys Boat Harbour, where parking is indicated to be permitted, be prepared to pay the statutory daily or annual charge set in regulation 3A; keep receipts or statutory permits as evidence of payment.

5. Drive only on carriageways or indicated areas, and observe speed limits (regulation 4(1) and 4(3)). If driving or riding on departmental land, restrict movement to carriageways or to indicated parking spaces unless you have the written permission of the chief executive officer. Observe any publicly indicated speed limit; absent one, do not exceed 40 km/h (regulation 4(3)). For non‑motorized vehicles, use dual use paths where indicated or obtain permission from a Department officer (regulation 4(2)).

6. Vessel operators: respect reserved waters (regulation 6(1)). Do not enter or remain in waters that are indicated publicly as reserved for swimming or where vessels are prohibited to enter. Ensure skippers and crew are aware of local signage and markers. Maintain navigation plans that reflect indicated no‑entry zones in departmental areas.

7. Avoid diving from jetties and follow swimming area indications (regulation 6(2) and 6(3)). Do not dive into waters from jetties and only swim or dive in waters indicated publicly as reserved for swimming unless you have written permission. For events or special activities that involve swimming or diving outside indicated zones, secure written permission from the chief executive officer in advance.

8. Animals on jetties require permission (regulation 7(1)). If you need to bring an animal onto a jetty, obtain permission from an officer of the Department and carry written evidence of permission to produce if asked.

9. Give truthful information to Department officers (regulation 8). When dealing with Department officers in relation to any alleged offence under the regulations, provide accurate and complete information. Misleading or false statements can attract a penalty up to $500.

10. If issued an infringement notice, act quickly and document the matter (regulation 9; Schedule 2 Form 1). The prescribed Form 1 indicates a 28 day payment window from the date of giving of the notice to pay the modified penalty and avoid court proceedings. If you intend to contest the notice, do not pay without understanding the consequences; seek advice promptly. If you believe the infringement was wrongly issued, engage with the Department and consider legal advice on contesting or seeking withdrawal.

11. Owners receiving owner‑addressed notices should respond promptly (regulation 10; Schedule 2 Form 1). If you receive an infringement addressed as the owner of a vehicle, the process under s 18B(1) of the Act supports that service method. Consider whether you were driving or whether another person was responsible; if you were not the driver, gather evidence to rebut or explain the circumstances and engage with the Department promptly.

12. For departmental officers and the chief executive officer: document permission decisions and signage placement. Since permissions are central and signage determines legal effect, the Department should maintain records of permissions granted, the basis for decisions, and a signage register with installation dates and photographs. This reduces legal risk in enforcement interactions and court disputes.

13. Review lease boundaries and local government leased land (regulation 5). Where departmental land is leased to a local government, regulations 3 and 4 do not apply. Before enforcing parking or driving rules, confirm lease status so that actions are taken under the correct legal framework. Users should be informed that local government leases may impose different rules.

14. Keep up to date with fee changes for Hillarys Boat Harbour (regulation 3A and compilation table). The compilation table shows periodic fee amendments; ensure current statutory amounts are checked against the latest consolidated regulation or Gazette notices before advising clients or accepting payments.

15. Record evidence for compliance. In every interaction that may lead to enforcement (parking at marginal locations, vessel navigation near swim zones, animal permissions, etc.), retain photographic or documentary evidence of signage, permissions, payment receipts, ACROD display and communications with Department officers.

Following these steps will materially reduce exposure to the penalties and ensure that any permissions that depart from the posted rules are properly authorised and documented as the regulations require.