Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act is the Marine Safety Act 1998.

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

3 Objects of Act

The objects of this Act are as follows—

(a) to ensure the safe operation of vessels in ports and other waterways,

(b) to promote the responsible operation of vessels in those waters so as to protect the safety and amenity of other users of those waters and the amenity of occupiers of adjoining land,

(b1) to provide an effective framework for the enforcement of marine legislation,

(c) to provide for the investigation of marine accidents and for appropriate action following any such investigation,

(d) to consolidate marine safety legislation.

s 3: Am 2016 No 28, Sch 1 [1].

4 Definitions

4 Definitions

(1) The dictionary in Schedule 5 defines words used in this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For this Act, a vessel is taken to be proceeding on a voyage from when the vessel gets underway for the voyage until the vessel—

(a) is no longer underway, or

(b) is anchored, moored or berthed.

s 4: Am 2006 No 58, Sch 2.33 [1]; 2006 No 84, Sch 2.8 [1]; 2008 No 59, Sch 1 [1]–[4]; 2011 No 41, Sch 5.22 [1]; 2012 No 5, Sch 1.3 [1] [2]; 2012 No 90, Sch 1 [1]–[3]; 2014 No 38, Sch 1.1 [1]; 2016 No 28, Sch 1 [2] [3]; 2016 No 55, Sch 3.20 [1]; 2020 No 30, Sch 4.42[1] [2]; 2021 No 8, Sch 2.4. Subst 2025 No 12, Sch 1[1].

5 Meaning of “vessel”

5 Meaning of “vessel”

(1) In this Act, vessel—

(a) includes the following—

(i) a water craft of any description capable of being used as a means of transportation on water,

(ii) a thing prescribed by the regulations as a vessel,

(iii) a thing subject to a temporary vessel order, but

(b) does not include a water craft of a kind prescribed by the regulations as not being a vessel.

(2) Without limiting subsection (1)(a), a vessel includes—

(a) a non-displacement craft, and

(b) a seaplane, while the seaplane is on water.

(3) The Minister may, by written order (a temporary vessel order), declare a thing capable of being used in or in connection with water to be a vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—

(a) to assess the safety of the thing, or

(b) in an emergency.

(4) The Minister must, as soon as practicable after making a temporary vessel order, ensure the order is published in the Gazette.

s 5: Subst 2025 No 12, Sch 1[2].

6 Meaning of vessel “connected with this State”

6 Meaning of vessel “connected with this State”

A vessel is connected with this State for the purposes of this Act if—

(a) the vessel is registered, or is required to be registered, under the marine legislation, or

(b) the vessel is registered under the Shipping Registration Act 1981 of the Commonwealth, or the National law, with a home port in this State, or

(c) the vessel is owned by a person who is ordinarily resident in this State, or

(d) the vessel is owned by a person whose place of business, or principal place of business, is in this State, or

(e) the vessel is owned by a person whose principal place of business for managing the vessel’s operation is in this State, or

(f) the vessel is declared by the regulations to be a vessel connected with this State.

s 6: Am 2012 No 90, Sch 1 [4].

7 Meaning of “relevant owner” of vessel

7 Meaning of “relevant owner” of vessel

(1) In this Act, relevant owner of a vessel means—

(a) for a registrable vessel that has been registered—

(i) the person who holds the vessel registration certificate for the vessel, or

(ii) if the vessel is no longer registered—the person who last held the vessel registration certificate for the vessel, or

(b) otherwise—the owner of the vessel.

(2) In this section, a reference to the owner of a vessel includes a reference to the following—

(a) a person who holds the relevant National licence or other certificate of registry for the vessel,

(b) the charterer of the vessel,

(c) a person who—

(i) exercises the functions of the owner of the vessel, or

(ii) publicly represents that the person has the functions, or

(iii) accepts the obligation to exercise the functions.

s 7: Am 2012 No 90, Sch 1 [5]. Subst 2025 No 12, Sch 1[3].

7A Meaning of “person responsible” for vessel or former vessel

7A Meaning of “person responsible” for vessel or former vessel

In this Act, person responsible for a vessel or former vessel means—

(a) for a vessel—

(i) the relevant owner of the vessel, or

(ii) the master of the vessel, or

(iii) the operator of the vessel, or

(iv) if the Minister is unable to identify or contact the relevant owner, master or operator—the last relevant owner of the vessel, or

(v) another person who has responsibility for the vessel, or

(b) for a former vessel—

(i) the owner of the former vessel, or

(ii) a person who—

(A) exercises the functions of the owner of the former vessel, or

(B) publicly represents that the person has the functions, or

(C) accepts the obligation to exercise the functions, or

(iii) another person who has responsibility for the former vessel.

s 7A: Ins 2025 No 12, Sch 1[3].

8 Vessels and waters to which Act applies

8 Vessels and waters to which Act applies

(1) This Act applies to and in respect of the following vessels and the relevant owners, masters, crew and passengers of the vessels—

(a) all vessels that are in State waters (including vessels proceeding on overseas voyages),

(b) all vessels that are proceeding on voyages other than overseas voyages (including vessels that have left State waters), except recreational vessels while they are in the waters of or adjacent to another State or Territory of the Commonwealth,

(c) all vessels connected with this State, wherever they may be.

(2) (Repealed)

(3) This section is subject to any express provision of this Act to the contrary.

(4) The National law prevails over this Act to the extent of any inconsistency.

s 8: Subst 2012 No 90, Sch 1 [6]. Am 2016 No 28, Sch 1 [4]; 2018 No 68, Sch 2.24; 2025 No 12, Sch 1[4] [5].

9 Act does not apply to defence vessels

9 Act does not apply to defence vessels

This Act does not apply to or in respect of a defence vessel.

s 9: Subst 2008 No 59, Sch 1 [5]; 2016 No 28, Sch 1 [5].

9AA Act subject to Heritage Act 1977

9AA Act subject to Heritage Act 1977

This Act is subject to the Heritage Act 1977.

Note—

See also the Underwater Cultural Heritage Act 2018 of the Commonwealth.

s 9AA: Ins 2025 No 12, Sch 1[6].

Part 1A Application of Commonwealth domestic commercial vessel national law

Part 1A Application of Commonwealth domestic commercial vessel national law

pt 1A: Ins 2012 No 90, Sch 1 [7].

Division 1 Preliminary

Division 1 Preliminary

9A Purpose of Part

9A Purpose of Part

(1) The purpose of this Part is to adopt in this State a national approach to the regulation of marine safety in relation to domestic commercial vessels (the domestic commercial vessel national law).

(2) Accordingly, this Part—

(a) applies the Commonwealth domestic commercial vessel national law as a law of this State, and

(b) makes provision to enable the Commonwealth domestic commercial vessel national law and the applied law of this State to be administered on a uniform basis by the Commonwealth (and by State officials as delegates of the Commonwealth) as if they constituted a single law of the Commonwealth.

s 9A: Ins 2012 No 90, Sch 1 [7].

9B Definitions

9B Definitions

(1) In this Part—

applied provisions means the Commonwealth domestic commercial vessel national law that applies as a law of this State because of section 9C.

Commonwealth administrative laws means the following Commonwealth Acts, regulations or other legislative instruments—

(a) the Administrative Review Tribunal Act 2024, excluding Part 7,

(b) the Freedom of Information Act 1982,

(c) the Ombudsman Act 1976,

(d) the Privacy Act 1988,

(e) the regulations and other legislative instruments in force under any of those Acts.

Commonwealth domestic commercial vessel national law means the provisions of the following Acts, regulations or other legislative instruments—

(a) the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth (being the provisions applying as a law of the Commonwealth because of section 4 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth),

(b) the regulations and other legislative instruments in force under that Law,

(c) any other provision of a Commonwealth Act (or of a regulation or other legislative instrument in force under a Commonwealth Act) that is of a savings or transitional nature consequent on the enactment or amendment of that Law.

(2) Terms used in this Part and also in the Commonwealth domestic commercial vessel national law have the same meanings in this Part as they have in that law.

(3) In this Part, a reference to a Commonwealth Act includes a reference to—

(a) that Commonwealth Act, as amended and in force for the time being, and

(b) an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

s 9B: Ins 2012 No 90, Sch 1 [7]. Am 2025 No 38, Sch 1.9[1].

Division 2 The applied provisions

Division 2 The applied provisions

9C Application of Commonwealth laws as laws of this State

9C Application of Commonwealth laws as laws of this State

(1) The Commonwealth domestic commercial vessel national law, as in force from time to time, applies as a law of this State.

(2) The Commonwealth domestic commercial vessel national law so applies as if it extended to matters in relation to which this State may make laws—

(a) whether or not the Commonwealth may make laws in relation to those matters, and

(b) even though the Commonwealth domestic commercial vessel national law provides that it applies only to specified matters with respect to which the Commonwealth may make laws.

(3) Subsection (2) does not operate to exclude a law of this State relating to marine safety that would not otherwise be excluded by the Commonwealth domestic commercial vessel national law.

(4) The regulations made under this Act may provide that the Commonwealth domestic commercial vessel national law applies under this section as if an amendment to that law—

(a) made by a law of the Commonwealth, and

(b) specified in the regulations made under this Part,

had not taken effect.

s 9C: Ins 2012 No 90, Sch 1 [7].

9D Interpretation of Commonwealth domestic commercial vessel national law

9D Interpretation of Commonwealth domestic commercial vessel national law

(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions, and so applies as if the applied provisions were a Commonwealth Act or were regulations or other legislative instruments under a Commonwealth Act, as the case requires.

(2) The Interpretation Act 1987 does not apply to the applied provisions.

s 9D: Ins 2012 No 90, Sch 1 [7].

Division 3 Functions and powers under applied provisions

Division 3 Functions and powers under applied provisions

9E Functions and powers of National Regulator and other authorities and officers

9E Functions and powers of National Regulator and other authorities and officers

The National Regulator and other authorities and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth.

s 9E: Ins 2012 No 90, Sch 1 [7].

9F Delegations by the National Regulator

9F Delegations by the National Regulator

Any delegation by the National Regulator under the Commonwealth domestic commercial vessel national law, as that law applies to the Commonwealth, is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.

s 9F: Ins 2012 No 90, Sch 1 [7].

Division 4 Offences

Division 4 Offences

9G Object of this Division

9G Object of this Division

(1) The object of this Division is to further the purpose of this Part by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.

(2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)—

(a) the investigation and prosecution of offences, and

(b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and

(c) proceedings relating to a matter referred to in paragraph (a) or (b), and

(d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and

(e) the sentencing, punishment and release of persons convicted of offences, and

(f) fines, penalties and forfeitures, and

(g) infringement notices in connection with offences, and

(h) liability to make reparation in connection with offences, and

(i) proceeds of crime, and

(j) spent convictions.

(3) For the purposes of this Division, offences include contraventions for which a civil penalty may be imposed.

s 9G: Ins 2012 No 90, Sch 1 [7].

9H Application of Commonwealth criminal laws to offences against applied provisions

9H Application of Commonwealth criminal laws to offences against applied provisions

(1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.

(2) For the purposes of a law of this State, an offence against the applied provisions—

(a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and

(b) is taken not to be an offence against the laws of this State.

(3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations made under this Part.

s 9H: Ins 2012 No 90, Sch 1 [7].

9I Functions and powers conferred on Commonwealth officers and authorities relating to offences

9I Functions and powers conferred on Commonwealth officers and authorities relating to offences

(1) A Commonwealth law applying because of section 9H that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.

(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law.

s 9I: Ins 2012 No 90, Sch 1 [7].

9J No double jeopardy for offences against applied provisions

9J No double jeopardy for offences against applied provisions

If—

(a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law, and

(b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law,

the offender is not liable to be punished for the offence under the applied provisions.

s 9J: Ins 2012 No 90, Sch 1 [7].

Division 5 Administrative laws

Division 5 Administrative laws

9K Application of Commonwealth administrative laws to applied provisions

9K Application of Commonwealth administrative laws to applied provisions

(1) The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.

(2) For the purposes of a law of this State, a matter arising in relation to the applied provisions—

(a) is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth, and

(b) is taken not to be a matter arising in relation to laws of this State.

(3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations made under this Part.

(4) Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.

(5) For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth, as the provision applies as a law of this jurisdiction, to the whole or a part of that Act, Part 7 is taken to be a reference to the whole or a part of that Act, Part 7 as it has effect as a law of the Commonwealth.

s 9K: Ins 2012 No 90, Sch 1 [7]. Am 2025 No 38, Sch 1.9[2].

9L Functions and powers conferred on Commonwealth officers and authorities

9L Functions and powers conferred on Commonwealth officers and authorities

(1) A Commonwealth administrative law applying because of section 9K that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.

(2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.

s 9L: Ins 2012 No 90, Sch 1 [7].

Division 6 Fees and fines

Division 6 Fees and fines

9M Fees payable to officers or employees of State acting as delegates

9M Fees payable to officers or employees of State acting as delegates

Regulations may be made under this Act for or with respect to fees payable to this State in relation to anything done under the Commonwealth domestic commercial vessel national law (as that law applies as a law of the Commonwealth), or under the applied provisions, by a delegate of the National Regulator, or an accredited person, who is an officer or employee of this State or an agency of this State.

s 9M: Ins 2012 No 90, Sch 1 [7].

9N Infringement notice fines

9N Infringement notice fines

(1) Any amount paid to this State by the National Regulator under section 10 of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth in relation to an infringement notice is payable into the Waterways Fund established under the Ports and Maritime Administration Act 1995.

(2) Any amount payable by this State under section 10 (2) of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 of the Commonwealth is payable out of that Fund.

s 9N: Ins 2012 No 90, Sch 1 [7].

9O Fines, fees etc not otherwise payable to State

9O Fines, fees etc not otherwise payable to State

(1) All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.

(2) Subsection (1) does not apply to any fees referred to in section 9M.

s 9O: Ins 2012 No 90, Sch 1 [7].

Division 7 Miscellaneous

Division 7 Miscellaneous

9P Things done for multiple purposes

9P Things done for multiple purposes

The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth domestic commercial vessel national law.

s 9P: Ins 2012 No 90, Sch 1 [7].

9Q Reference in Commonwealth law to a provision of another law

9Q Reference in Commonwealth law to a provision of another law

For the purposes of sections 9H and 9K, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.

s 9Q: Ins 2012 No 90, Sch 1 [7].

9R Regulations of this State

9R Regulations of this State

The Governor may make regulations, not inconsistent with this Act or the applied provisions, for or with respect to any matter that by this Part is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part or the applied provisions.

s 9R: Ins 2012 No 90, Sch 1 [7].

Part 2 Safety of navigation

Part 2 Safety of navigation

10 Regulations for prevention of collisions at sea or in other navigable waters

10 Regulations for prevention of collisions at sea or in other navigable waters

(1) The regulations may make provision for or with respect to the prevention of collisions at sea or in other navigable waters (including the use on vessels of lights, shapes and signals).

(2) The regulations under this section may adopt, with or without modification, international regulations for preventing collisions at sea.

(3) The master or any other person concerned in the operation of a vessel who contravenes the regulations under this section, or who causes those regulations to be contravened, is guilty of an offence.

Maximum penalty—50 penalty units.

11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters

11 Speed limits, wash limits and other restrictions on operation of vessels in navigable waters

(1) The Minister may prohibit or regulate the operation of vessels in navigable waters by a notice published in the Gazette or displayed in or in the vicinity of those waters.

(2) The Minister may, by such a notice, impose any restriction considered appropriate for—

(a) the safety of the public, or

(b) the protection of vessels or other property, or

(c) the protection of the environment, or

(d) the amenity of other users of the specified waters or occupiers of land adjoining those waters.

(2A) In particular, the Minister may impose restrictions on—

(a) the speed of vessels, or

(b) the creation of wash by vessels, or

(c) the creation of noise by vessels, or

(d) the mooring or anchoring of vessels, or

(e) the use of vessels for particular purposes, or

(f) the use of vessels in particular areas (including the exclusion of vessels from particular areas).

(3) A notice under this section may apply—

(a) to vessels generally or to any class of vessels specified in the notice, and

(b) at all times or at such times as may be specified in the notice, and

(c) in any other circumstances specified in the notice.

(4) A person who operates a vessel to which a notice under this section applies in contravention of the notice is guilty of an offence.

Maximum penalty—

(a) in the case of a notice restricting the creation of wash by vessels—50 penalty units, or

(b) in any other case—10 penalty units.

(5) The regulations may exempt vessels from compliance with a notice under this section.

(6) The regulations may make provision for or with respect to the admission in evidence and the effect of certificates, in proceedings for offences against this section, of the measurement of the speed or other matter relating to the use of vessels by measuring devices.

(7) Nothing in this section affects any regulation that prohibits or regulates the operation of vessels or any power relating to the navigation or other use of vessels conferred on any person or body by the marine legislation or the National law.

(8) In any proceedings for an offence against this section, proof of the display of a notice in accordance with this section is not required until evidence is given to the contrary.

s 11: Am 2008 No 59, Sch 1 [6]; 2012 No 90, Sch 1 [8]; 2016 No 28, Sch 1 [7] [8].

12

12 (Repealed)

13 Reckless, dangerous or negligent navigation and other acts

13 Reckless, dangerous or negligent navigation and other acts

(1) A person must not operate a vessel in any navigable waters—

(a) negligently, or

(b) recklessly, or

(c) at a speed or in a manner dangerous to the public.

Maximum penalty—

(a) if the operation of the vessel occasions death or grievous bodily harm—1,000 penalty units (where the vessel is a foreign vessel or regulated Australian vessel), 100 penalty units (where the vessel is any other commercial vessel other than a hire and drive vessel) or 50 penalty units (where the vessel is a hire and drive vessel or recreational vessel), or imprisonment for 2 years, or both, or

(b) if the operation of the vessel does not occasion death or grievous bodily harm—1,000 penalty units (where the vessel is a foreign vessel or regulated Australian vessel), 100 penalty units (where the vessel is any other commercial vessel other than a hire and drive vessel) or 50 penalty units (where the vessel is a hire and drive vessel or recreational vessel), or imprisonment for 9 months (in the case of a first offence) or 12 months (in the case of a second or subsequent offence), or both.

(2) A person who is on a vessel in navigable waters, or is being towed by such a vessel, must not do anything that is dangerous to the public.

Maximum penalty—50 penalty units.

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following—

(a) the nature and condition of the waters in which the offence is alleged to have been committed,

(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, in those waters,

(c) the impact of the alleged offence on others using or near to the waters in which the offence is alleged to have been committed, including nearby swimmers, divers, surfers, fishers and people using any adjacent land.

(4) The higher maximum penalty under paragraph (a) of the maximum penalty in subsection (1) does not apply unless it is alleged in the charge for the offence that the conduct concerned occasioned death or grievous bodily harm.

(5) In this section—

dangerous to the public includes anything that causes or is likely to cause injury to any person or damage to any property.

grievous bodily harm includes any permanent or serious disfigurement.

s 13: Subst 2008 No 59, Sch 1 [8]. Am 2016 No 28, Sch 1 [10]–[12]; 2025 No 12, Sch 1[8].

13A Operating vessel in a menacing manner

13A Operating vessel in a menacing manner

(1) Offence—intent to menace A person must not operate a vessel in any navigable waters in a manner that menaces another person with the intention of menacing that other person.

Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(2) Offence—possibility of menace A person must not operate a vessel in any navigable waters in a manner that menaces another person if the person ought to have known that the other person might be menaced.

Maximum penalty—20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).

(3) Application of section This section applies—

(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and

(b) whether or not that person or that property is in or on any navigable waters.

(4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.

(5) Double jeopardy A person is not liable to be convicted of—

(a) both an offence against subsection (1) and an offence against subsection (2), or

(b) both an offence against this section and an offence against section 13,

arising out of a single incident.

s 13A: Ins 2016 No 28, Sch 1 [13].

14 Unreasonable interference by operation or use of vessel

14 Unreasonable interference by operation or use of vessel

A person must not—

(a) operate a vessel in any navigable waters, or

(b) make any other use of a vessel in any navigable waters,

in a manner that interferes unreasonably with the lawful use of those waters (or adjoining land) by other persons.

Maximum penalty—50 penalty units.

15 Protection of navigation aids

15 Protection of navigation aids

A person must not, without reasonable excuse, remove, damage, interfere with or obstruct the use of any navigation aid.

Maximum penalty—50 penalty units.

15A Power to give directions relating to safety on navigable waters

15A Power to give directions relating to safety on navigable waters

(1) An authorised officer may give a direction to a person in, on or near navigable waters if the officer believes on reasonable grounds that—

(a) the giving of the direction is necessary to—

(i) prevent the operation or other use of a vessel in contravention of section 14, or

(ii) ensure the safety of any person, or to prevent damage to property, in, on or near navigable waters, and

(b) the direction is reasonable in the circumstances for achieving that objective.

(1A) Any such direction under subsection (1) may, without limitation, include the following—

(a) a direction to the person responsible for a vessel to cease operating a vessel,

(b) a direction to the person responsible for a vessel to remove the vessel from the water,

(c) a direction to the person responsible for a vessel to moor the vessel in a certain location.

(2) A person must not fail to comply with a direction given under this section to the person, whether or not the person may contravene another provision of the marine legislation by obeying the direction.

Maximum penalty—30 penalty units.

(3) A person is not guilty of an offence against subsection (2) unless the authorised officer—

(a) warned the person at the time of giving the direction that failure to comply with the direction may constitute an offence, and

(b) identified himself or herself as an authorised officer.

(4) It is a defence to the prosecution of a person for an offence against a provision of the marine legislation if, at the time of the offence, the person was obeying a direction given under this section.

(5) Despite any other provision of this section, a direction given under this section has no effect to the extent to which it is inconsistent with a direction given by a harbour master under Part 7.

(6) In this section—

(a) a reference to a person in, on or near navigable waters includes a reference to a person on a vessel, water skis or other apparatus, in, on or near navigable waters, and

(b) a reference to property in, on or near navigable waters includes a reference to property on a vessel.

s 15A: Ins 2008 No 59, Sch 1 [9]. Am 2016 No 28, Sch 1 [14] [15]; 2025 No 12, Sch 1[9].

16 Obstructions to navigation

16 Obstructions to navigation

(1) In this section, obstruction to navigation—

(a) means a thing in or over navigable waters, including a vessel, whether abandoned, wrecked or otherwise, that—

(i) is, or is likely to be, a danger to the safe navigation of vessels or otherwise unreasonably obstructs the navigation of vessels, or

Examples—

an anchor, a mooring block or debris that originates from a vessel and is left on the seabed

(ii) restricts access to or from port facilities, or

(iii) is moored, berthed or placed in contravention of the marine legislation or the National law, and

(b) includes a vessel or former vessel that has sunk, and

(c) does not include a thing lawfully erected in or over navigable waters.

Example—

a thing used to disturb or interfere with the bed of a port in accordance with an approval granted by the harbour master of the port under Part 2, Division 4

(2) The Minister may, by written notice (an obstruction to navigation notice), direct the owner of or person responsible for an obstruction to navigation to remove the obstruction within such time as is specified in the notice. Any such owner or person who fails, without reasonable excuse, to comply with the direction is guilty of an offence.

Maximum penalty—

(a) if the obstruction is or was a foreign vessel or regulated Australian vessel that has sunk, is not seaworthy or is likely to cause danger to the public or shipping or property damage—100 penalty units, or

(b) in any other case—50 penalty units.

(2A) For subsection (2), a person responsible for an obstruction to navigation includes—

(a) if the obstruction is a vessel—the person responsible for the vessel, and

(b) the person responsible for the vessel from which the Minister reasonably believes the obstruction originated.

(3) The Minister may do the following, in a way the Minister considers appropriate, whether or not the Minister has issued an obstruction to navigation notice—

(a) arrange for an obstruction to navigation to be—

(i) removed, or

(ii) destroyed, if the destruction of the obstruction is reasonable in the circumstances,

(b) take other steps to reduce the danger of the obstruction to the safe navigation of vessels.

(4) The Minister may, subject to and in accordance with the regulations, dispose of anything removed under this section.

(5) The Minister may recover as a debt in a court of competent jurisdiction the reasonable costs and expenses incurred by the Minister in the exercise of his or her powers under this section from the owner of or person responsible for the obstruction to navigation.

s 16: Am 2012 No 90, Sch 1 [10]; 2016 No 28, Sch 1 [16]; 2025 No 12, Sch 1[10]–[16].

17 Minister’s approval required for aquaculture leases over navigable waters

17 Minister’s approval required for aquaculture leases over navigable waters

(1) The Minister administering the Fisheries Management Act 1994 may not grant or renew an aquaculture lease over navigable waters under Part 6 of that Act without the approval of the Minister administering this Act.

(2) The grounds on which the Minister may refuse to give that approval are that—

(a) it is in the public interest that the area concerned remain available for the navigation of vessels rather than be used for aquaculture, or

(b) sufficient provision has not been made to ensure that structures on the leased area are not, and will not become, a danger to the safe navigation of vessels.

(3) This section does not apply to—

(a) the renewal of a lease to which the lessee is entitled under the Fisheries Management Act 1994, or

(b) the grant or renewal of a lease of a class excluded from this section by notice given to the Minister administering that Act by the Minister administering this Act.

18 Conduct of aquatic activities

18 Conduct of aquatic activities

(1) A person must not conduct an aquatic activity unless the person—

(a) holds an aquatic licence for the aquatic activity, and

(b) conducts the aquatic activity in accordance with the conditions of the licence.

Maximum penalty—100 penalty units.

Note—

An aquatic activity lasting longer than 14 days on any one occasion must comply with the requirements of the Environmental Planning and Assessment Act 1979.

(2) A person must not be convicted of an offence under this section and section 32 in relation to the same conduct.

(3) An aquatic licence may include an exemption from a requirement of this Act or the regulations in relation to the following—

(a) the holder of the licence,

(b) a person involved in the conduct of, or taking part in, the aquatic activity to which the licence relates,

(c) a vessel used in connection with the aquatic activity.

(4) The regulations may provide for aquatic licences, including the circumstances in which an aquatic licence may be transferred to another person.

(5) In this section—

conduct, an aquatic activity, includes organise the activity.

s 18: Am 2008 No 59, Sch 1 [10] [11]. Subst 2025 No 12, Sch 1[17].

18A Conduct of exempt aquatic activities

18A Conduct of exempt aquatic activities

(1) A person is not required to hold an aquatic licence to conduct an exempt aquatic activity in or over navigable waters if the conduct of the activity—

(a) will not—

(i) substantially affect navigation in the waters by members of the public or vessel operators, or

(ii) cause an increased risk of danger to the public or vessel operators, and

(b) for an aquatic activity declared to be an exempt aquatic activity—complies with conditions to which the conduct of the exempt aquatic activity is subject.

(2) The Minister may, by notice published in the Gazette, declare an aquatic activity to be an exempt aquatic activity if the Minister reasonably considers that the aquatic activity would not substantially affect navigation in the waters.

(3) A declaration may include conditions.

(4) In this section—

conduct, an aquatic activity, includes organise the activity.

exempt aquatic activity means the following—

(a) an aquatic activity for which the only vessels used are surfboards or other similar craft, including stand-up paddleboards,

(b) recreational swimming or a swimming competition,

(c) recreational fishing or a fishing competition,

(d) an aquatic activity conducted by Surf Life Saving New South Wales or an affiliated surf life saving club, if all the participants in the activity are current members of Surf Life Saving New South Wales or the club conducting the aquatic activity,

(e) an aquatic activity the Minister declares under this section to be an exempt aquatic activity,

(f) another aquatic activity prescribed by the regulations.

s 18A: Ins 2025 No 12, Sch 1[17].

18B Restrictions in navigable waters for exclusion zones and other activities or events

18B Restrictions in navigable waters for exclusion zones and other activities or events

(1) The Minister may, by notice published in the Gazette, prohibit or regulate the operation or use of vessels and the conduct of activities by persons in specified navigable waters for the purposes of—

(a) an exclusive aquatic activity, or

(b) an activity or event the Minister reasonably considers will require an exclusion zone or other restriction for the safety of navigation in the waters.

(2) Without limiting subsection (1), the notice may—

(a) exclude vessels and persons from a specified area in relation to the activity or event, or

(b) impose a restriction that may be imposed under section 11.

(3) An authorised officer may direct a person in an exclusion zone, or a person operating a vessel in an exclusion zone, to—

(a) leave the exclusion zone, or

(b) comply with a restriction imposed in the notice.

(4) The person must not, without reasonable excuse, fail to comply with the notice or direction.

Maximum penalty—10 penalty units.

(5) The Minister may charge a person—

(a) a reasonable fee for the Minister to establish and maintain an exclusion zone (an exclusion zone fee), and

(b) for an exclusive aquatic activity—an additional amount for the benefit of the exclusive use of the waters because of the exclusion zone.

(6) Nothing in this section affects—

(a) a regulation or notice under section 11, or

(b) a power relating to the navigation or other use of vessels conferred on a person or body by the marine legislation or the National law.

(7) The regulations may provide for other circumstances in which the Minister may charge a person an exclusion zone fee.

(8) In this section—

exclusion zone means the area in navigable waters specified in a notice under subsection (2)(a).

exclusive aquatic activity means an aquatic activity conducted under an aquatic licence that requires an exclusion zone.

s 18B: Ins 2025 No 12, Sch 1[17].

19 Regulations relating to safety of navigation

19 Regulations relating to safety of navigation

(1) The regulations may make provision for or with respect to the safety of navigation.

(2) In particular, the regulations may make provision for or with respect to—

(a) the operation of vessels in navigable waters, and

(b) vessels or objects that have been abandoned in navigable waters, and

(c) the activities of persons that affect navigation, including persons carried on vessels, surfboard riders, divers or other persons in navigable waters, and

(d) navigation aids, and

(d1) obstructions to navigation, and

(d2) the lighting and marking of potential hazards, and

(e) cables, wires, pipes or other material in or over navigable waters, including supporting structures, and

(f) the safety of port operations relating to vessels, passengers and cargo.

(3) The regulations may provide that a person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision made in respect of the person under this Part or the regulations under this Part in relation to matters requiring a licence or other approval of the Minister.

Note.

Part 6A of the Ports and Maritime Administration Act 1995 deals with the management of wharves, moorings, port facilities and works.

s 19: Am 2006 No 84, Sch 2.8 [2]; 2013 No 95, Sch 2.94 [1]; 2016 No 28, Sch 1 [17]; 2025 No 12, Sch 1[18].

19A Seizure of vessels

19A Seizure of vessels

(1) An authorised officer may do any one or more of the things set out in this section if the authorised officer reasonably believes that—

(a) a recreational vessel has been operated in a way so as to commit an offence under section 13A, or

(b) a person has committed an offence involving the death of, or grievous bodily harm to, another person caused by the operation of a vessel, being an offence that comprises the crime of murder or manslaughter or an offence against the Crimes Act 1900, or

(c) a person has committed an offence under section 13 (1) (b) or (c) and a court attendance notice has been issued in relation to the offence.

(2) The authorised officer may—

(a) use reasonable force to seize and take charge of the recreational vessel and cause it to be moved to a place determined by the Commissioner of Police or Transport for NSW and immediately, or as soon as practicable afterwards, give or send the relevant owner of the vessel a receipt relating to the seizure of the vessel, or

(b) give the relevant owner of the vessel a notice (a recreational vessel production notice) requiring the relevant owner to, within a period specified in the notice, arrange for the vessel to be—

(i) moved to a specified place, or

(ii) produced to an authorised officer at a specified place.

(3) An authorised officer must give the relevant owner of a vessel a receipt if the relevant owner produces the vessel to the officer in accordance with a recreational vessel production notice.

(4) The receipt must be given on, or as soon as practicable after, the production of the vessel.

s 19A: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19]–[21].

19B Production notices

19B Production notices

(1) The date specified in a recreational vessel production notice for production of a recreational vessel must be a date that is no later than the first working day occurring 5 days after the notice is given.

(2) A production notice may be given personally or by post and must state the ground on which it is being given.

(3) A production notice given by post is taken to have been given on the day that is 7 days after it is posted.

(4) The disposal of a vessel within the period of 5 days after a production notice is given in relation to the vessel does not affect the requirement to produce the vessel in accordance with the notice, except as provided by subsection (5).

(5) A production notice ceases to have effect in relation to a vessel if it is withdrawn by the Commissioner of Police or Transport for NSW by notice in writing given to—

(a) the relevant owner of the vessel, or

(b) a person who purchased the vessel after the production notice was given who satisfies the Commissioner of Police or Transport for NSW, as the case requires, that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.

s 19B: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[22].

19C Powers and duties relating to seizure of recreational vessels

19C Powers and duties relating to seizure of recreational vessels

(1) A recreational vessel may be seized under section 19A (2) (a)—

(a) in State waters, or

(b) on a road or public place, or

(c) in any other place, with the consent of the owner or occupier of the place or by a police officer under the authority of a search warrant issued under section 19P.

(2) For the purpose of exercising the powers conferred by section 19A, an authorised officer may cause any locking device or other feature of the vessel that is impeding the seizure and movement of the vessel to be removed, dismantled or neutralised and may, if the relevant owner or any other person will not surrender the keys to the vessel, start the vessel by other means.

(3) A vessel may be moved under section 19A—

(a) by being operated, whether or not under power, or by being towed or pushed, or in any other manner, and

(b) by one or more authorised officers or, at the direction of an authorised officer, by persons engaged by the Commissioner of Police or Transport for NSW.

(4) If a vessel is moved in accordance with this section by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing or movement of the vessel in a manner that does the least damage to the vessel. In taking any such action, the person is not liable for any damage to the vessel that the person causes.

s 19C: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19].

19D Removal, impounding and production of vessel

19D Removal, impounding and production of vessel

(1) Any recreational vessel moved to, or produced at, a place in accordance with section 19A may, subject to the regulations, be impounded by the Commissioner of Police or Transport for NSW at that place or may be moved to and impounded at any other place determined by the Commissioner or Transport for NSW.

(2) A certificate in writing given by an authorised officer as to the fact and cost of any such movement is evidence of those matters.

s 19D: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3] [4].

19E Failure to comply with production notice

19E Failure to comply with production notice

(1) The relevant owner of a recreational vessel is guilty of an offence if—

(a) the relevant owner is given a recreational vessel production notice in relation to the vessel, and

(b) without reasonable excuse, the relevant owner fails to move the vessel to or produce it at, or cause it to be moved to or produced at, the place, on the date and within the time period, specified in the notice.

Maximum penalty—30 penalty units.

(2) The responsible regulator may suspend the registration of a vessel for a period not exceeding 3 months if the relevant owner of the vessel—

(a) is found guilty of an offence against this section, or

(b) pays the whole or part of the amount specified in a penalty notice issued in respect of an offence against this section, or in any process subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, or

(c) has not paid the amount so specified, has not elected to have the matter dealt with by a court and the time for electing to have the matter so dealt with has elapsed.

(3) Any suspension under subsection (2) is in addition to any penalty imposed by a court or prescribed by the regulations for the offence.

(4) If the relevant owner of a recreational vessel is issued with a second recreational vessel production notice after failing to comply with subsection (1) and the relevant owner fails to comply with subsection (1) in relation to the second production notice, the vessel is forfeited to the Crown unless already forfeited under section 19F or the court otherwise directs under section 19G.

s 19E: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[19] [23] [24].

19F Forfeiture of vessel

19F Forfeiture of vessel

(1) A vessel that is used in connection with an offence specified in section 19A (1) that is a second or subsequent offence under that section within a 5-year period is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 19E or the court otherwise directs under section 19G.

(2) Any forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the forfeiture is taken to be, or to be part of, that penalty.

s 19F: Ins 2016 No 28, Sch 1 [18].

19G Commutation of forfeiture

19G Commutation of forfeiture

(1) The court that finds a person guilty of an offence referred to in section 19E (4) or 19F (1) may, at the time of making that finding, by order direct that the forfeiture that would otherwise be imposed under the relevant provision by that finding be commuted to a period of impounding specified in the order, if the court is satisfied that the forfeiture of the vessel will cause extreme hardship to the relevant owner of the vessel or any other person.

(2) The period for which a vessel was impounded under section 19D is to be reckoned as counting towards a period of impounding imposed under this section.

(3) A vessel impounded by an order of a court under this section is to be retained by the Commissioner of Police or Transport for NSW for the time required by the order, unless it is sooner released under this Division.

s 19G: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19].

19H Interested persons to be notified

19H Interested persons to be notified

(1) The relevant owner of a vessel is to give the holder of any registered interest in the vessel notice of the imposition of any sanction in relation to the vessel operated in connection with the offence concerned under section 19A.

(2) The Commissioner of Police is to notify Transport for NSW of any offence under this Division.

(3) Transport for NSW is to notify the relevant owner of a vessel of the imposition of any action taken in relation to the vessel operated in connection with any offence under this Division.

(4) In this section, registered interest, in relation to a vessel, means a security interest in the vessel with respect to which a financing statement (within the meaning of the Personal Property Securities Act 2009 of the Commonwealth) has been registered under that Act.

s 19H: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[1]; 2025 No 12, Sch 1[19] [25].

19I Retention of vessel impounded under this Division

19I Retention of vessel impounded under this Division

The Commissioner of Police or Transport for NSW is to retain a vessel impounded under section 19D for the period of 3 months after its impoundment, unless it is sooner released under this Division or in accordance with the regulations.

s 19I: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3].

19J Early release of vessel on application to Local Court

19J Early release of vessel on application to Local Court

(1) A person may apply to the Local Court for an order for the release into the person’s custody of a vessel impounded under this Division before the end of the period of impounding imposed on the vessel.

(2) An order cannot provide for release on a day that is less than 5 working days after the vessel was impounded.

(3) In determining whether to make an order under this section, the Local Court is entitled to have regard to the following—

(a) the safety of the public and the public interest in preventing the use of a vessel that the Court considers is reasonably likely in all the circumstances to be used for further offences specified in section 19A (1),

(b) any alleged extreme hardship to a person other than the relevant owner of the vessel arising from the impoundment of the vessel.

(4) The vessel is to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 19K.

(5) An applicant into whose custody a vessel is released by an order under this section must acknowledge in writing receipt of the vessel from the custody of the Commissioner of Police or Transport for NSW.

s 19J: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[19].

19K Release of impounded vessel

19K Release of impounded vessel

(1) The regulations may prescribe the fees (if any) payable in respect of the movement, towage and storage of an impounded vessel and the persons responsible for payment of those fees.

(2) It is the duty of the Commissioner of Police or Transport for NSW to endeavour to cause any impounded vessel to be available as soon as practicable for collection by the person entitled to the vessel.

(3) However, the Commissioner of Police or Transport for NSW is not required to release any vessel under this section unless all movement, towing and storage fees payable under this section in respect of the impounded vessel have been paid in full.

(4) An applicant to whom a vessel is released under this section must in writing acknowledge receipt of the vessel from the custody of the Commissioner of Police or Transport for NSW.

(5) The Commissioner of Police or Transport for NSW may waive the whole or any part of the prescribed fees for movement, towage and storage of a vessel.

s 19K: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3]; 2025 No 12, Sch 1[26] [27].

19L Safe keeping of vessels

19L Safe keeping of vessels

The Commissioner of Police or Transport for NSW has (in their official capacity) a duty to take all reasonable steps to secure an impounded vessel against theft or damage while impounded.

s 19L: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3].

19M Disposal of vessels

19M Disposal of vessels

(1) The Commissioner of Police or Transport for NSW may cause an impounded or forfeited vessel to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.

(2) The vessel may be disposed of otherwise than by sale if the Commissioner of Police or Transport for NSW believes it is appropriate in the circumstances to dispose of the vessel otherwise than by sale.

(3) If the vessel offered for sale is not sold, the Commissioner of Police or Transport for NSW may dispose of the vessel otherwise than by sale.

(4) The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.

(5) The Commissioner of Police or Transport for NSW may dispose of a vessel that is the subject of forfeiture under section 19F by releasing it to Transport for NSW to be used for the purposes of crash testing and any educational program for operators of vessels established by Transport for NSW.

(6) Transport for NSW may cause any vessel released to it to be used for the purposes of crash testing and any educational program for operators of vessels established by Transport for NSW.

s 19M: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[3] [5].

19N Protection from liability with respect to impounding and other matters

19N Protection from liability with respect to impounding and other matters

No action lies against the Crown, the Minister, the Commissioner of Police, Transport for NSW or any authorised officer for—

(a) any damage to, or theft of, a vessel caused by, or arising from, impounding or crash testing a vessel in accordance with this Division, or

(b) failure by any person to give the holder of a registered interest notice as required by section 19H.

s 19N: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[6].

19O Failure to prosecute

19O Failure to prosecute

(1) No action lies against the Crown, the Minister, the Commissioner of Police, Transport for NSW or any authorised officer in respect of the seizure or impounding of a vessel under this Division for an alleged offence for which no proceedings or process are taken or issued.

(2) This section does not protect an authorised officer from liability in respect of the seizure, otherwise than in good faith, of a vessel.

s 19O: Ins 2016 No 28, Sch 1 [18]. Am 2020 No 30, Sch 4.42[7].

19P Search warrants

19P Search warrants

(1) A police officer may apply to an authorised warrants officer for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a vessel that has been operated as referred to in section 19A.

(2) An authorised warrants officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant—

(a) to enter the premises, and

(b) to search the premises for such a vessel, and

(c) to seize such a vessel, and otherwise deal with it, in accordance with this Division.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) In this section—

authorised warrants officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.

premises has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

s 19P: Ins 2016 No 28, Sch 1 [18].

19Q Appeal against decisions

19Q Appeal against decisions

(1) A person may appeal to the Local Court against the decision of a responsible regulator made in relation to the person under section 19E (2).

(2) Notice of an appeal is to be lodged with the Local Court within 28 days after the date on which the person was notified of the relevant decision.

(3) Subject to the rules of court of the Local Court, the notice of appeal must specify the grounds of appeal.

(4) An appeal does not operate to stay the effect of the responsible regulator’s decision unless the Local Court otherwise orders.

(5) If the effect of a decision is stayed under this section, it is stayed only for so long as any conditions imposed by the Local Court when ordering the stay are complied with.

s 19Q: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[24] [28].

19R Procedure on notice of appeal

19R Procedure on notice of appeal

(1) The relevant registrar of the Local Court must give notice of the time and place of the hearing of an appeal to the responsible regulator and to the appellant.

(2) A notice given under subsection (1) is to inform the person to whom it is given of the grounds of the appeal.

(3) The hearing of an appeal may proceed regardless of any omission from or error in a notice given under this section or the failure to give the notice if the Local Court is satisfied that the appellant and the responsible regulator knew of the time and place of the hearing and were not prejudiced by the omission, error or failure to give notice.

s 19R: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[24].

19S Procedure on appeal

19S Procedure on appeal

(1) An appeal under section 19Q is to be heard before the Local Court.

(2) The Local Court is to hear and determine the appeal and may confirm (with or without variation) the decision appealed against, set aside the decision, dismiss the appeal or make any other order as seems just to the Court in the circumstances.

(3) In varying a decision in an appeal under this Division, the Local Court may exercise only such powers as the responsible regulator could have exercised under this Act when making that decision.

(4) If the decision that is appealed against was based on an offence committed (or alleged to have been committed) by the appellant under this Act or any other law, the appeal against the decision does not permit review of—

(a) the guilt or innocence of the appellant for the offence, or

(b) the imposition of a penalty or the level of a penalty imposed on the appellant for the offence.

(5) The Local Court is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it sees fit.

(6) The civil standard of proof applies in proceedings on an appeal.

(7) Subject to the regulations, any material considered by the responsible regulator in reaching the decision the subject of the appeal and copies of any notices, documents or letters served on the appellant by the responsible regulator together with details of their service are admissible in the proceedings.

(8) The authenticity of any such material, notices, documents, letters and service must be certified by an authorised officer.

(9) The decision of the Local Court given in any appeal under this Division is final and is taken to be the decision of the responsible regulator and to be carried into effect accordingly.

s 19S: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[24].

19T Regulations may make provision for appeals and original applications

19T Regulations may make provision for appeals and original applications

The regulations may make provision for or with respect to the following—

(a) the matters that the Local Court may or must take into account (or not take into account) when determining an appeal under this Division,

(b) the manner of notification of specified decisions by a responsible regulator or any other person to persons affected by the decisions,

(c) the notification of appeal rights concerning specified decisions to persons affected by the decision,

(d) the giving of reasons for specified decisions,

(e) the grounds on which the Local Court may (or may not) allow an appeal against specified decisions,

(f) the adjournment of appeals under this Division,

(g) the internal review of specified decisions as a precondition to appeals against such decisions under this Division,

(h) the actions that may be taken by the Local Court, or must be taken by a responsible regulator or any other person, after the determination of an appeal under this Division,

(i) the circumstances in which specified decisions are or are not stayed (or may or may not be stayed) by the Local Court pending the determination of an appeal under this Division,

(j) the admission of specified certified documents in evidence in an appeal under this Division as prima facie evidence of the matters stated in the document.

s 19T: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[24].

19U References to vessels include trailers

19U References to vessels include trailers

In this Division, a reference to a vessel includes a reference to any trailer used to carry the vessel.

s 19U: Ins 2016 No 28, Sch 1 [18]. Am 2025 No 12, Sch 1[29].

19V Definition

19V Definition

In this division—

offshore anchorage, in relation to a port, means an area of State waters declared under this division as an anchorage for the port.

s 19V: Ins 2025 No 12, Sch 1[30].

19W Declaration of offshore anchorages

19W Declaration of offshore anchorages

(1) The Minister may, by order published in the Gazette, declare an area of State waters as an offshore anchorage for a port.

(2) In deciding whether to make the declaration, the Minister must consider the following—

(a) the safe operation of vessels,

(b) the protection of the environment,

(c) the current and likely future volume of vessel movement,

(d) the conservation of the State’s heritage,

(e) other matters the Minister considers relevant to the decision.

s 19W: Ins 2025 No 12, Sch 1[30].

19X Directions to use or leave offshore anchorages

19X Directions to use or leave offshore anchorages

(1) The Minister may give a direction that a vessel must—

(a) anchor at an offshore anchorage, or

(b) leave an offshore anchorage.

(2) A person to whom a direction under subsection (1) is given must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—100 penalty units.

s 19X: Ins 2025 No 12, Sch 1[30].

19Y Definitions

19Y Definitions

In this division—

disused sea cable means a sea cable that has ceased to be used.

relevant port means the following—

(a) a pilotage port with the boundaries described for the port under the Ports and Maritime Administration Act 1995, section 105,

(b) another port with the boundaries prescribed by the regulations.

sea cable means the following infrastructure on the bed of a port—

(a) a cable for telecommunication, electricity transmission or electricity distribution,

(b) a pipeline.

s 19Y: Ins 2025 No 12, Sch 1[30].

19Z Disturbance or interference with bed of relevant ports

19Z Disturbance or interference with bed of relevant ports

(1) A person must not disturb or interfere with the bed of a relevant port, including to install a sea cable in the port, except with an approval granted by the harbour master of the port.

Maximum penalty—50 penalty units.

(2) A person may apply to the harbour master of a relevant port for approval to disturb or interfere with the bed of the port.

(3) The harbour master may—

(a) grant the approval with or without conditions, or

(b) refuse to grant the approval.

(4) The person must not, without reasonable excuse, fail to comply with the conditions of the approval.

Maximum penalty—50 penalty units.

(5) A person who owns a sea cable is bound by the conditions of an approval granted under this section in relation to the sea cable, even if the person did not own the sea cable when the approval was granted.

(6) This section does not apply to a disturbance or interference that is—

(a) trivial, or

Example—

a fishing hook that, in the course of recreational fishing, drags along the bed of the port

(b) caused by a thing lawfully erected in navigable waters, or

Example—

a mooring approved by Transport for NSW

(c) otherwise required by law.

Example—

the removal of a sea cable under this division

(7) The regulations may provide for applications for approvals, including application fees.

s 19Z: Ins 2025 No 12, Sch 1[30].

19ZA Removal of sea cables from relevant ports

19ZA Removal of sea cables from relevant ports

(1) The owner of a sea cable within a relevant port must give written notice to the harbour master of the port, in accordance with the regulations, no later than 90 days after the earlier of the following occurs—

(a) the owner becomes aware that the sea cable is a disused sea cable,

(b) the owner ought reasonably to have become aware that the sea cable is a disused sea cable.

Maximum penalty—50 penalty units.

(2) If the harbour master is notified, or otherwise becomes aware, of the disused sea cable, the harbour master may, by written notice, direct the owner to remove the disused sea cable from the relevant port—

(a) in a way the harbour master reasonably considers appropriate, and

(b) within the reasonable time specified by the harbour master.

(3) The owner must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—50 penalty units.

(4) Before giving the direction, the harbour master must—

(a) give the owner written notice of the proposed direction, and

(b) give the owner a reasonable opportunity to make submissions about the proposed direction, and

(c) consider the submissions received.

(5) Subsection (4) does not apply in an emergency.

(6) The harbour master may, by written notice given to the owner of the sea cable, require the owner to give the harbour master additional information that the harbour master considers reasonably necessary to decide whether to give a direction.

(7) The harbour master must not give a direction, or must revoke a direction already given, if the owner satisfies the harbour master that—

(a) the operation of another Act or law prevents the owner from lawfully removing the disused sea cable, and

(b) the proposed removal of the disused sea cable poses a significant risk to the safety of persons or the environment, taking into account measures that may be taken to mitigate the risk.

(8) Subsection (7)(a) does not apply if—

(a) the Act or law provides a process under which the owner may remove the sea cable, and

(b) the owner failed to take reasonable steps to undertake the process.

(9) If the owner fails to comply with the direction, the harbour master may—

(a) make reasonable arrangements for the disused sea cable to be removed, and

(b) recover the costs of the removal of the disused sea cable from the owner as a debt in a court of competent jurisdiction.

s 19ZA: Ins 2025 No 12, Sch 1[30].

19ZB Division subject to Environmental Planning and Assessment Act 1979

19ZB Division subject to Environmental Planning and Assessment Act 1979

Nothing in this division removes the requirement to obtain development consent or approval in accordance with the Environmental Planning and Assessment Act 1979.

s 19ZB: Ins 2025 No 12, Sch 1[30].

Part 3 Boating safety—alcohol and other drug use

Part 3 Boating safety—alcohol and other drug use

pt 3: Subst 2008 No 59, Sch 1 [12].

20 Definitions

20 Definitions

(1) In this Part—

juvenile means a person who is not more than 16 years of age.

major offence means—

(a) the crime of murder or manslaughter or an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900, being a crime or offence by which the death of or bodily harm to another person was caused by or arose out of the operation of a vessel, or

(b) an offence against this Part.

operate, a vessel, includes—

(a) being towed by a vessel, whether on a water ski, aquaplane, paraflying device or other device, or

(b) act as observer on a vessel, for safety purposes, of any person being towed by the vessel, or

(c) supervise a juvenile operator of a motor vessel.

(2) A reference in this Part to a major offence includes a reference to any such offence committed before the commencement of this Part.

Note.

A reference to a major offence includes an offence against Part 2 of the Marine (Boating Safety—Alcohol and Drugs) Act 1991 committed before the repeal of that Act by this Act (see clause 3 of Schedule 4).

(3) An offence against a provision of this Part is a second or subsequent offence only if, within the period of 5 years immediately before a person is convicted of the offence, the person was convicted of another offence against the same provision or of a major offence.

(4) An offence against a provision of this Part is a first offence if it is not a second or subsequent offence.

s 20: Am 1999 No 19, Sch 2.21 [1]; 2005 No 4, Sch 1 [1]. Subst 2008 No 59, Sch 1 [12]. Am 2013 No 19, Sch 4.42 [1]; 2025 No 12, Sch 1[32]–[34].

21 Application of Part and Schedule 1

21 Application of Part and Schedule 1

(1) This Part and Schedule 1 apply to all vessels. However, this Part and Schedule 1 do not apply to a surfboard or similar device used by a swimmer or surfer to support the swimmer or surfer in the water (other than a sailboard or a device being towed by a vessel).

(2) This Part and Schedule 1 apply to a vessel only while the vessel is underway.

(3) This Part and Schedule 1 apply to all waters, whether or not they are navigable waters.

s 21: Subst 2008 No 59, Sch 1 [12].

22 Prescribed concentrations of alcohol

22 Prescribed concentrations of alcohol

In this Part and in Schedule 1—

(a) novice range prescribed concentration of alcohol means a concentration of more than zero grammes, but less than 0.02 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and

(b) special range prescribed concentration of alcohol means a concentration of 0.02 grammes or more, but less than 0.05 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and

(c) low range prescribed concentration of alcohol means a concentration of 0.05 grammes or more, but less than 0.08 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and

(d) middle range prescribed concentration of alcohol means a concentration of 0.08 grammes or more, but less than 0.15 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and

(e) high range prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.

s 22: Am 2005 No 4, Sch 1 [2]; 2007 No 99, Sch 2.5 [1] [2]. Subst 2008 No 59, Sch 1 [12]. Am 2016 No 28, Sch 1 [19].

23 Measurement of alcohol concentrations

23 Measurement of alcohol concentrations

(1) For the purposes of this Part and Schedule 1, the concentration of alcohol present in a person’s breath or blood may be expressed as follows—

(a) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grammes in 210 litres of breath,

(b) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grammes in 100 millilitres of blood,

(c) in the case of a sample of blood—the amount of alcohol in grammes in 100 millilitres of blood.

(2) An amount of alcohol in grammes present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grammes present in blood when measured by reference to 100 millilitres of blood.

(3) Accordingly, any offence under this Part relating to the presence of a specified concentration of alcohol in a person’s breath or blood at the time of the occurrence of a particular event is a single offence regardless of whether the concentration of alcohol concerned is measured by reference to the amount of alcohol present in breath or in blood (or both).

s 23: Subst 2008 No 59, Sch 1 [12].

24 Presence of prescribed concentration of alcohol in person’s breath or blood

24 Presence of prescribed concentration of alcohol in person’s breath or blood

(1) Offence—novice range prescribed concentration of alcohol A person who is under 18 years of age must not, while there is present in the person’s breath or blood the novice range prescribed concentration of alcohol, operate a vessel in any waters.

Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(2) Offence—special range prescribed concentration of alcohol A person must not operate a vessel in any waters while there is present in his or her breath or blood the special range prescribed concentration of alcohol if—

(a) the person is under 18 years of age, or

(b) the person is operating the vessel for commercial purposes.

Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol, operate a vessel in any waters.

Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol, operate a vessel in any waters.

Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol, operate a vessel in any waters.

Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(6) Alternative verdicts for lesser offences If the court on a prosecution of a person for an offence against any subsection of this section is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section of a less serious nature, the court may acquit the person of the offence with which the person is charged and find the person guilty of an offence against the other subsection. The person is liable to be punished accordingly.

(7) For the purposes of subsection (6)—

(a) an offence against subsection (1), (2), (3) or (4) is of a less serious nature than an offence against subsection (5), and

(b) an offence against subsection (1), (2) or (3) is of a less serious nature than an offence against subsection (4), and

(c) an offence against subsection (1) or (2) is of a less serious nature than an offence against subsection (3), and

(d) an offence against subsection (1) is of a less serious nature than an offence against subsection (2).

(8) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the subsection.

(9) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (1) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following—

(a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance),

(b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.

s 24: Am 2005 No 4, Sch 1 [3] [4]; 2007 No 99, Sch 2.5 [3] [4]. Subst 2008 No 59, Sch 1 [12]; 2016 No 28, Sch 1 [20].

s 24A: Ins 2005 No 4, Sch 1 [5]. Am 2007 No 99, Sch 2.5, [5]. Rep 2008 No 59, Sch 1 [12].

25 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

25 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

(1) Presence of prescribed illicit drug in person’s oral fluid, blood or urine A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug, operate a vessel in any waters.

Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(2) If a person is charged with an offence against subsection (1)—

(a) the court attendance notice may allege that more than one prescribed illicit drug was present in the oral fluid, blood or urine of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the oral fluid, blood or urine of the defendant—

(i) a drug described in the court attendance notice, or

(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.

(3) Presence of morphine in person’s blood or urine A person must not, while there is present in the person’s blood or urine any morphine, operate a vessel in any waters.

Maximum penalty—10 penalty units (in the case of a first offence) or 20 penalty units (in the case of a second or subsequent offence).

(4) If a person is charged with an offence against subsection (3), the offence is proved if the court is satisfied beyond reasonable doubt that morphine was present in the blood or urine of the defendant (whether or not in combination with any other drugs).

(5) Defence for offence relating to presence of morphine in person’s blood or urine It is a defence to a prosecution for an offence against subsection (3) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s blood or urine of morphine was caused by the consumption of a substance for medicinal purposes.

(6) Meaning of “consumption for medicinal purposes” For the purposes of this section, a substance is consumed for medicinal purposes only if it is—

(a) a drug prescribed by a medical practitioner taken in accordance with a medical practitioner’s prescription, or

(b) a codeine-based medicinal drug purchased from a pharmacy that has been taken in accordance with the manufacturer’s instructions.

s 25: Subst 2008 No 59, Sch 1 [12]; 2016 No 28, Sch 1 [20]. Am 2018 No 15, Sch 2.1 [1] [2].

26 Operating vessel under influence of alcohol or other drug

26 Operating vessel under influence of alcohol or other drug

(1) A person must not operate a vessel in any waters while under the influence of alcohol or any other drug.

Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(2) The master of a vessel must not permit a person to operate in any waters a vessel in the charge of the master if the master is aware, or has reasonable cause to believe, that the person is under the influence of alcohol or any other drug.

Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(3) If a person is charged with an offence under this section—

(a) the court attendance notice may allege the person was under the influence of more than 1 drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of—

(i) a drug described in the court attendance notice, or

(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.

s 26: Am 2000 No 93, Sch 2.31 [1] [2]. Subst 2008 No 59, Sch 1 [12];2016 No 28, Sch 1 [20].

27

27, 28

s 27: Subst 2008 No 59, Sch 1 [12]. Rep 2016 No 28, Sch 1 [20].

28A Cancellation and suspension of marine safety licences

28A Cancellation and suspension of marine safety licences

(1) If a person is convicted of an offence against this Part in relation to the operation of a vessel and, at the time the offence was committed, the person was required by or under this Act to hold a marine safety licence in order to operate the vessel, the court may, by order—

(a) cancel or suspend the licence, and

(b) disqualify the convicted person from holding or obtaining a marine safety licence for a period specified by the court.

(2) The holder of a marine safety licence referred to in subsection (1) who is convicted of an offence against a provision specified in the Table to this subsection is automatically disqualified from holding or obtaining such a licence for—

(a) the period specified in Column 1 of the Table for that offence—if during the period of 5 years before the conviction the person had not been convicted of any other major offence, or

(b) the period specified in Column 2 of the Table for that offence—if during the period of 5 years before the conviction the person has been convicted of any other major offence.

Table Disqualification periods

| Offence | Column 1 | Column 2 | | Section 24 (1), (2) or (3) | 3 months | 6 months | | Section 24 (4) | 6 months | 12 months | | Section 24 (5) | 12 months | 2 years | | Section 25 (1) | 6 months | 12 months | | Section 25 (3) | 6 months | 12 months | | Section 26 (1) | 6 months | 12 months |

(3) However, the court before which the person is convicted may order that the convicted person be disqualified under subsection (2) for a shorter period specified in the order.

(4) Any disqualification under this section is in addition to any penalty imposed for the offence.

(5) The court is to cause particulars of any cancellation, suspension or disqualification under this section to be forwarded to Transport for NSW.

Note.

Section 135A deals with National licences.

s 28A: Ins 2008 No 59, Sch 1 [12]. Am 2012 No 90, Sch 1 [11]; 2016 No 28, Sch 1 [22] [23]; 2020 No 30, Sch 4.42[1].

28B Application of section 10 of Crimes (Sentencing Procedure) Act 1999

28B Application of section 10 of Crimes (Sentencing Procedure) Act 1999

(1) The provisions of section 10 of the Crimes (Sentencing Procedure) Act 1999 do not apply to or in respect of a person who is charged with an alcohol or drug offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge (whether such period commenced before or after the commencement of this section), the provisions of that section are or have been applied to or in respect of the person in respect of a charge for another alcohol or drug offence (whether of the same or a different kind).

(2) In this section—

alcohol or drug offence means an offence under section 24 or 26 or an offence of aiding, abetting, counselling or procuring the commission of such an offence.

s 28B: Ins 2008 No 59, Sch 1 [12]. Am 2019 No 1, Sch 1.11 [1].

28C Random breath testing and other matters related to alcohol and drug use

28C Random breath testing and other matters related to alcohol and drug use

Schedule 1 has effect.

s 28C: Ins 2008 No 59, Sch 1 [12].

Part 4 Marine safety licences

Part 4 Marine safety licences

28D Application of part

28D Application of part

(1) This part does not apply to a commercial vessel, except as otherwise provided in this section.

(2) Provisions of this part relating to a bar crossing licence apply to a domestic commercial vessel.

(3) Provisions of this part relating to the following marine safety licences apply to a commercial vessel, including a domestic commercial vessel—

(a) an aquatic licence,

(b) a marine pilotage exemption certificate,

(c) a certificate of local knowledge,

(d) a special recreational vessel permit.

s 28D: Ins 2025 No 12, Sch 1[35].

29 Types of marine safety licences

29 Types of marine safety licences

In this Act, marine safety licence means the following—

(a) vessel registration certificate,

(b) aquatic licence,

(c) bar crossing licence,

(d) boat driving licence,

(e) certificate of local knowledge,

(f) marine pilotage exemption certificate,

(g) marine pilot’s licence,

(h) special recreational vessel permit,

(i) another licence or approval required by or under the marine legislation that is declared by the regulations to be a marine safety licence, whether for all or specified provisions of this Act.

s 29: Am 2008 No 59, Sch 1 [13] [14]; 2012 No 90, Sch 1 [12]. Subst 2025 No 12, Sch 1[36].

29A Grounds for finding persons not suitable to hold licence

29A Grounds for finding persons not suitable to hold licence

(1) A person is not a suitable person to hold a marine safety licence in the following circumstances—

(a) the person is—

(i) not qualified to hold the licence, or

(ii) disqualified from holding the licence, or

(iii) otherwise not eligible for the licence under this Act or the regulations,

(b) the person does not have the knowledge or skills required for the licence,

(c) the responsible regulator is satisfied the person is not a suitable person to hold the licence.

(2) The responsible regulator may be satisfied a person is not a suitable person to hold a marine safety licence in the following circumstances—

(a) the person has failed to comply with a condition of a current or previous marine safety licence,

(b) fees for, or in connection with, a current or previous marine safety licence of the person are overdue and have been overdue for a period of at least 14 days,

(c) the person has committed an offence under—

(i) a provision of the marine legislation, or

(ii) the Crimes Act 1900, section 52B, or

(iii) a provision of a law of the Commonwealth or another State or Territory that the responsible regulator reasonably considers to be similar to a provision referred to in subparagraph (i) or (ii),

(d) for a marine safety licence other than a vessel registration certificate—the responsible regulator is satisfied the person is not a fit and proper person to hold the licence,

(e) for a vessel registration certificate—the person is, or has been, a relevant owner of a vessel and has—

(i) failed to comply with Part 5, Division 2 in relation to the vessel, or

(ii) been issued a statutory notice in relation to the vessel and has not complied with the notice.

(3) For subsection (2)(c), a person is taken to have committed an offence if—

(a) the person has been found guilty of the offence by a court, or

(b) the person—

(i) has been issued a penalty notice for the alleged offence, and

(ii) does not elect to have the matter dealt with by a court, and

(iii) either—

(A) pays the penalty required by the penalty notice for the alleged offence, or

(B) has enforcement action taken against the person under the Fines Act 1996, Part 4, Division 3 or 4.

s 29A: Ins 2025 No 12, Sch 1[37].

30 Grant of licences

30 Grant of licences

(1) A person may apply to the responsible regulator for the grant of a marine safety licence.

(2) The responsible regulator may—

(a) grant the licence in accordance with this Act and the regulations, or

(b) refuse to grant the licence.

(3) Without limiting subsection (1) or (2), a boat driving licence may be granted by including the boat driving licence on a driver licence granted in accordance with statutory rules made under the Road Transport Act 2013.

Note—

The Road Transport Act 2013, section 57A enables statutory rules made under that Act to provide for the granting of driver licences under that Act that include boat driving licences (combined licences). The section provides that combined licences have effect as both driver licences and boat driving licences for the road transport legislation, within the meaning of that Act, and the marine legislation.

(4) The responsible regulator must refuse to grant a marine safety licence to a person in the following circumstances—

(a) the person is not a suitable person to hold a marine safety licence,

(b) the responsible regulator decides the refusal is in the public interest,

(c) another circumstance prescribed by the regulations.

(5) The responsible regulator may refuse to grant a marine safety licence to a person in the following circumstances—

(a) the person gives information that is, in the responsible regulator’s opinion, inadequate to enable the application to be assessed properly,

(b) the person has given information for the purposes of the marine legislation that is false or misleading in a material particular,

Note—

The Crimes Act 1900, Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.

(c) the responsible regulator has requested further information or supporting evidence in relation to the application that has not been given,

(d) another circumstance prescribed by the regulations.

(6) The responsible regulator must give the person written notice of the refusal to grant the licence.

(7) The notice given to the person must state the reasons for the refusal.

s 30: Am 2014 No 38, Sch 1.1 [2] [3]. Subst 2025 No 12, Sch 1[38].

31 Conditions of licences

31 Conditions of licences

(1) Marine safety licences may be granted unconditionally or subject to conditions.

(2) Without limiting subsection (1), a condition may relate to—

(a) a matter concerning marine safety, including insurance coverage, or indemnities, for damage or injury caused in connection with the activity to which the licence relates, or

(b) for a vessel registration certificate for a vessel—

(i) the condition or use of the vessel, or

(ii) the display of offensive or discriminatory material on the vessel.

(3) The responsible regulator may, at any time, by written notice to the holder of the licence—

(a) impose conditions or further conditions on the licence, or

(b) vary or revoke any of the conditions to which the licence is subject.

(4) A marine safety licence is also subject to such conditions as are prescribed by the regulations. Any such condition cannot be varied or revoked by the responsible regulator under this section.

(5) A condition under this section may restrict or limit an activity authorised by the licence.

s 31: Am 2012 No 90, Sch 1 [13]; 2014 No 38, Sch 1.1 [2]; 2025 No 12, Sch 1[24] [39] [40].

32 Offence to contravene conditions of licence

32 Offence to contravene conditions of licence

The holder of a marine safety licence must not, without lawful excuse, contravene any condition to which the licence is subject.

Maximum penalty—50 penalty units.

33 Duration of licence

33 Duration of licence

(1) A marine safety licence remains in force (unless sooner cancelled) for the period specified in the licence or (if no such period is specified) until cancelled.

(1A) If a boat driving licence is to be included on a driver licence granted under the Road Transport Act 2013, Transport for NSW (as the responsible regulator for a boat driving licence) may alter the period during which the boat driving licence is in force so as to align it with the period during which the driver licence is in force.

(2) A marine safety licence is not in force during any period it is suspended.

Note.

See clause 4 of Schedule 4 with respect to duration of certain former licences.

s 33: Am 2014 No 38, Sch 1.1 [4]; 2020 No 30, Sch 4.42[1]; 2025 No 12, Sch 1[24].

34 Transfer of licences

34 Transfer of licences

A marine safety licence cannot be transferred, except as otherwise provided by this Act or the regulations.

s 34: Rep 2008 No 59, Sch 1 [15]. Ins 2025 No 12, Sch 1[41].

35 Offences relating to licences

35 Offences relating to licences

(1) A person must not pretend to be the holder of a marine safety licence.

(2) A person must not, for the purpose of obtaining a marine safety licence, provide any information or produce any document that the person knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

36 Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge

36 Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge

A marine pilot’s licence, marine pilotage exemption certificate or certificate of local knowledge must state, by way of condition, the ports or parts of ports (including berths) to which it applies.

s 36: Am 2008 No 59, Sch 1 [16].

37 Regulations relating to licences

37 Regulations relating to licences

(1) The regulations may make provision for or with respect to marine safety licences.

(2) In particular, the regulations may make provision for or with respect to the following—

(a1) requiring a marine safety licence for the carrying out of any activity, or in relation to any other thing, that may be regulated under this Act,

(a) the classes of a particular type of licence,

(b) restrictions on the authority conferred by a particular type of licence or class of licence, whether by reference to the length of the vessel concerned or otherwise,

(c) applications for licences,

(d) the eligibility of applicants (including age, good character, qualifications, knowledge, experience, training and health),

(e) the testing or examination of applicants or the holders of licences to determine whether they are or continue to be eligible to hold a licence,

(f) the conditions of licences, including the continuing education and training of holders of licences,

(g) the grant of further licences after the expiry of licences,

(h) the granting of different types of licences in the same document,

(i) the replacement of licences that are lost, destroyed or defaced,

(j) the return of licences that require alteration,

(k) fees and charges payable in connection with licences and applications for licences, including in relation to the inspection of vessels,

(l) the suspension and cancellation of marine safety licences, and the disqualification of persons from holding or obtaining marine safety licences.

s 37: Am 2003 No 65, Sch 2 [1]; 2008 No 59, Sch 1 [17] [18]; 2025 No 12, Sch 1[42].

38 Suspension or cancellation of licences

38 Suspension or cancellation of licences

(1) The responsible regulator must suspend or cancel a marine safety licence in the following circumstances—

(a) the holder of the licence requests, or agrees to, the suspension or cancellation,

(b) the holder of the licence is not a suitable person to hold a marine safety licence,

(c) the responsible regulator decides the suspension or cancellation is in the public interest,

(d) another circumstance prescribed by the regulations.

(2) The responsible regulator may suspend or cancel a marine safety licence in the following circumstances—

(a) the holder of the licence has given information for the purposes of the marine legislation that is found to be false or misleading in a material particular,

Note—

The Crimes Act 1900, Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.

(b) another circumstance prescribed by the regulations.

Note—

The Minister may also suspend or cancel a marine safety licence under section 111.

(3) Before suspending or cancelling the licence, the responsible regulator must—

(a) give the holder of the licence written notice of the proposed suspension or cancellation, and

(b) give the holder of the licence a reasonable opportunity to make submissions about the proposed suspension or cancellation, and

(c) consider the submissions received.

(4) The responsible regulator may, by written notice given to the holder of the licence, require the holder to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to suspend or cancel the licence.

(5) The responsible regulator must give the holder of the licence written notice of the suspension or cancellation of the licence.

(6) The suspension or cancellation takes effect on—

(a) the date the notice of the suspension or cancellation is given, or

(b) a later date as specified in the notice.

(7) The notice given to the holder of the licence must state the following—

(a) the date the suspension or cancellation takes effect,

(b) if the licence is suspended—the date the suspension ends,

(c) if the holder did not request the suspension or cancellation—the reasons for the suspension or cancellation,

(d) the holder’s right to appeal the decision to suspend or cancel the licence.

(8) Subsections (3)–(7) do not apply to the suspension of a marine safety licence—

(a) in an emergency, or

(b) if there is a serious risk to public safety, or

(c) in another circumstance prescribed by the regulations.

(9) The responsible regulator may, at any time, remove the suspension of a marine safety licence imposed by the responsible regulator under this section.

s 38: Subst 2008 No 59, Sch 1 [19]. Am 2014 No 38, Sch 1.1 [2]. Subst 2025 No 12, Sch 1[43].

38A Cancellation of marine pilot’s licences on notification

38A Cancellation of marine pilot’s licences on notification

(1) The holder of a marine pilot’s licence must give written notice to the responsible regulator as soon as practicable after the holder—

(a) retires, or

(b) has not been employed as a marine pilot by a pilotage service provider for a continuous period of 2 years.

Maximum penalty—50 penalty units.

(2) The responsible regulator may cancel the holder’s marine pilot’s licence if the responsible regulator is notified, or otherwise becomes aware, that the holder—

(a) is retired, or

(b) has not been employed as a marine pilot by a pilotage service provider for a continuous period of 2 years.

(3) Before cancelling the licence, the responsible regulator must—

(a) give the holder of the marine pilot’s licence written notice of the proposed cancellation, and

(b) give the holder of the marine pilot’s licence a reasonable opportunity to make submissions about the proposed cancellation, and

(c) consider the submissions received.

(4) The responsible regulator may, by written notice given to the holder of the marine pilot’s licence, require the holder to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to cancel the licence.

(5) The responsible regulator must give the holder of the marine pilot’s licence written notice of the cancellation.

(6) The cancellation takes effect on the date the notice of the cancellation is given.

(7) The notice given to the holder must state—

(a) the date the cancellation takes effect, and

(b) the reasons for the cancellation, and

(c) the holder’s right to appeal the decision to cancel the licence.

(8) In this section—

pilotage service provider has the same meaning as in Part 6.

s 38A: Ins 2025 No 12, Sch 1[44].

39 Cancellation and suspension of licences by court in connection with offence

39 Cancellation and suspension of licences by court in connection with offence

(1) A court that convicts the holder of a marine safety licence of a marine safety offence in connection with activities to which the licence relates may, by order—

(a) cancel or suspend the licence, and

(b) disqualify the convicted person from holding or obtaining such a licence for a period specified by the court.

(2) Any disqualification under this section is in addition to any penalty imposed for the offence.

(2A) The court is to cause particulars of any cancellation, suspension or disqualification under this section to be forwarded to Transport for NSW.

(3) In this section, a marine safety offence means any offence relating to the operation of a vessel that causes the death or injury of a person or damage to property, or that causes a risk of any such death, injury or damage.

Note.

A licence may also be suspended or cancelled in connection with an alcohol or drug related boating offence—see section 28A. Section 135A deals with National licences.

s 39: Am 2012 No 90, Sch 1 [14]; 2016 No 28, Sch 1 [24]; 2020 No 30, Sch 4.42[1].

40 Return of suspended or cancelled licence

40 Return of suspended or cancelled licence

The holder of a marine safety licence suspended or cancelled under this Act must deliver the licence to the responsible regulator as soon as practicable after the licence is suspended or cancelled.

Maximum penalty—10 penalty units.

s 40: Am 2014 No 38, Sch 1.1 [2]; 2025 No 12, Sch 1[24].

Division 3A Disqualification of persons from holding licences

Division 3A Disqualification of persons from holding licences

pt 4, div 3A: Ins 2025 No 12, Sch 1[45].

40A Disqualification of persons from holding licences

40A Disqualification of persons from holding licences

(1) The responsible regulator may disqualify a person from holding or being granted a type of marine safety licence for a specified period of no more than 2 years if the person commits an offence against the marine legislation.

Note—

The Minister may also disqualify a person from holding or being granted a marine safety licence under section 111.

(2) For subsection (1), a person is taken to have committed an offence when the person is found guilty of the offence by a court.

(3) Before disqualifying a person from holding or being granted a licence, the responsible regulator must—

(a) give the person written notice of the proposed disqualification, and

(b) give the person a reasonable opportunity to make submissions about the proposed disqualification, and

(c) consider the submissions received.

(4) The responsible regulator may, by written notice given to the person, require the person to give the responsible regulator additional information that the responsible regulator considers reasonably necessary to decide whether to disqualify the person.

(5) The responsible regulator must give the person written notice of the disqualification.

(6) The notice given to the person must state the following—

(a) the period of the disqualification,

(b) the reasons for the disqualification,

(c) the person’s right to appeal the decision to disqualify the person.

(7) The responsible regulator may, at any time, end the period of the disqualification by further written notice to the person.

s 40A: Ins 2025 No 12, Sch 1[45].

40B Effect of disqualification

40B Effect of disqualification

If a person is disqualified from holding or being granted a type of marine safety licence for a specified period under this division or section 111—

(a) the disqualification operates to permanently cancel a marine safety licence of that type held by the person at the time of the disqualification, and

(b) the person is ineligible to apply for a grant or transfer of that type of marine safety licence during the period of the disqualification.

s 40B: Ins 2025 No 12, Sch 1[45].

41 Definition

41 Definition

In this Division, Tribunal means the Civil and Administrative Tribunal.

s 41: Am 2013 No 95, Sch 2.94 [3].

42 Application for administrative review

42 Application for administrative review

A person who is dissatisfied with any of the following decisions under this Act may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision—

(a) the refusal to grant a marine safety licence to the person,

(a1) the refusal to transfer a vessel registration certificate to or from the person,

(a2) the rescission of the transfer of a vessel registration certificate,

(b) the imposition of conditions or any other limitation or restriction on the person’s marine safety licence (otherwise than by regulation),

(c) the suspension or cancellation of the person’s marine safety licence (otherwise than by a court).

s 42: Am 2008 No 59, Sch 1 [20]; 2013 No 95, Sch 2.94 [4]; 2025 No 12, Sch 1[46].

43 Failure to make decision

43 Failure to make decision

For the purposes of this Division, an application for the grant of a marine safety licence is taken to have been refused if the licence is not granted within 60 days (or such other period as is prescribed by the regulations) after the application was duly made.

Part 5 Requirements for vessels

Part 5 Requirements for vessels

43AA Application of part

43AA Application of part

This part does not apply to a commercial vessel, except as otherwise provided in this part.

s 43AA: Ins 2025 No 12, Sch 1[47].

Division 1A Unsafe vessels

Division 1A Unsafe vessels

pt 5, div 1A: Ins 2025 No 12, Sch 1[47].

43A Definitions

43A Definitions

In this division—

former vessel—

(a) means a thing that was, but is no longer, a vessel, but

(b) does not include a thing that was only a vessel because of a temporary vessel order.

vessel includes a commercial vessel.

s 43A: Ins 2025 No 12, Sch 1[47].

44 Meaning of “unsafe vessel”

44 Meaning of “unsafe vessel”

(1) In this division, unsafe vessel means the following—

(a) a vessel or former vessel that is reasonably likely to endanger a person, or cause harm to the environment or damage to property, including because of—

(i) the condition of the vessel or former vessel, or

(ii) how or where the vessel or former vessel is anchored, moored or berthed, or

(iii) the overloading of the vessel or former vessel,

(b) a derelict vessel,

(c) a vessel subject to an unsafe vessel notice,

(d) a vessel subject to a temporary unsafe vessel order.

(2) The Minister may, by notice published in the Gazette (an unsafe vessel notice), declare a vessel, or a vessel of a kind, to be an unsafe vessel if the Minister reasonably considers the vessel unsafe.

(3) The Minister may, by written order (a temporary unsafe vessel order), declare a vessel, or a vessel of a kind, to be an unsafe vessel for a period of not more than 12 months if the Minister reasonably considers it necessary—

(a) to assess the safety of the vessel, or

(b) in an emergency.

(4) The Minister must, as soon as practicable after making a temporary unsafe vessel order, ensure the order is published in the Gazette.

s 44: Am 2008 No 59, Sch 1 [21]. Subst 2016 No 28, Sch 1 [25]; 2025 No 12, Sch 1[47].

45 Offence to operate or use unsafe vessel

45 Offence to operate or use unsafe vessel

(1) A person must not operate a vessel or former vessel in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel.

Maximum penalty—

(a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or

(b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or

(c) otherwise—50 penalty units or imprisonment for 9 months, or both.

(2) A person responsible for a vessel or former vessel must not use the vessel or former vessel, or allow the vessel or former vessel to be used, in State waters if the person knows, or ought reasonably to know, that the vessel or former vessel is an unsafe vessel.

Maximum penalty—

(a) for a commercial vessel that is a regulated Australian vessel or a foreign vessel—1,000 penalty units or imprisonment for 9 months, or both, or

(b) for another commercial vessel other than a hire and drive vessel—100 penalty units or imprisonment for 9 months, or both, or

(c) otherwise—50 penalty units or imprisonment for 9 months, or both.

(3) A reference in this section to imprisonment for 9 months is, for a second or subsequent offence, taken to be a reference to imprisonment for 12 months.

s 45: Am 2008 No 59, Sch 1 [22]. Subst 2016 No 28, Sch 1 [26]; 2025 No 12, Sch 1[47].

46 Inspection of unsafe vessels

46 Inspection of unsafe vessels

An authorised officer may board and inspect a vessel or former vessel if—

(a) the authorised officer reasonably suspects that the vessel or former vessel is an unsafe vessel, and

(b) the vessel or former vessel is in, or in the immediate vicinity of, State waters.

s 46: Subst 2016 No 28, Sch 1 [27]; 2025 No 12, Sch 1[47].

47 Power to give directions in relation to unsafe vessels

47 Power to give directions in relation to unsafe vessels

(1) An authorised officer may, by written notice (an unsafe vessel notice), direct a person responsible for a vessel or former vessel to, within a specified period—

(a) take the measures specified in the notice to repair the vessel or former vessel, or

(b) otherwise make the vessel or former vessel safe.

(2) The notice may include a direction to remove a vessel or former vessel from State waters.

(3) An authorised officer may only give the notice if the authorised officer reasonably considers the vessel or former vessel an unsafe vessel, whether through inspection or otherwise.

(4) The person responsible must not, without reasonable excuse, fail to comply with the notice.

Maximum penalty—50 penalty units.

s 47: Rep 2016 No 28, Sch 1 [27]. Ins 2025 No 12, Sch 1[47].

48 Dealing with unsafe vessels

48 Dealing with unsafe vessels

(1) An authorised officer may do the following if the person responsible for a vessel or former vessel fails to comply with a notice given under this division—

(a) take the measures specified in the notice,

(b) arrange for the vessel or former vessel to be—

(i) removed from State waters, or

(ii) detained in or out of the water, if the Minister considers the detention reasonable in the circumstances, or

(iii) seized and disposed of in accordance with the regulations, if the Minister considers the seizure and disposal reasonable in the circumstances,

(c) take other steps to reduce the danger of the vessel or former vessel.

(2) An authorised officer must not take action under this section unless the Minister has made reasonable attempts to notify the person responsible for the vessel or former vessel of the proposed action.

(3) Subsection (2) does not apply—

(a) in an emergency, or

(b) if the unsafe vessel is reasonably likely to sink within 7 days, or

(c) if the unsafe vessel poses—

(i) a serious risk to the safety of persons, or

(ii) a risk of significant harm to the environment or significant damage to property.

(4) The Minister may recover the reasonable costs incurred in taking action under this section from the person responsible as a debt in a court of competent jurisdiction.

s 48: Rep 2016 No 28, Sch 1 [27]. Ins 2025 No 12, Sch 1[47].

49 Offence for unregistered vessels to be in State waters

49 Offence for unregistered vessels to be in State waters

(1) This section applies to a vessel (a registrable vessel) that is not exempt from registration under this Act.

(2) A person who owns a registrable vessel must not allow the vessel to be in State waters if the vessel is not registered under this Act.

Maximum penalty—20 penalty units.

(3) Subsection (2) does not apply within the period of 15 days after the date on which a vessel ceases to be registered.

(4) The master of a registrable vessel must not allow the vessel to be in State waters if the vessel is not registered under this Act.

Maximum penalty—20 penalty units.

(5) It is a defence to prosecution for an offence under subsection (4) if the master establishes that the master reasonably believed—

(a) the vessel was registered, or

(b) the vessel was not in State waters.

s 49: Am 2012 No 90, Sch 1 [15] [16]; 2016 No 28, Sch 1 [28]. Subst 2025 No 12, Sch 1[48].

50 Vessels exempt from registration

50 Vessels exempt from registration

(1) (Repealed)

(2) A vessel is exempt from registration under this Act if the vessel—

(a) is not ordinarily operated in State waters, and

(b) has been in State waters for less than 3 months, and

(c) is registered under the law of another State or a Territory, or of another country, and is operated in accordance with that law.

(3) A vessel is exempt from registration under this Act if it is of a class exempted by the regulations.

(4) A vessel is exempt from registration under this Act if the responsible regulator exempts it from registration by order in writing given to the person who owns the vessel or the master of the vessel.

s 50: Am 2008 No 59, Sch 1 [23]; 2012 No 90, Sch 1 [17]; 2014 No 38, Sch 1.1 [2]; 2025 No 12, Sch 1[24] [49].

51 Offence to operate vessels in contravention of vessel registration certificates

51 Offence to operate vessels in contravention of vessel registration certificates

(1) The master of a registrable vessel must not allow the vessel to be operated in State waters in contravention of the conditions of the vessel registration certificate for the vessel.

Maximum penalty—20 penalty units.

(2) It is a defence to prosecution for an offence under this section if the master establishes that the master reasonably believed the vessel was not operated in contravention of the conditions.

s 51: Am 2008 No 59, Sch 1 [24]; 2012 No 90, Sch 1 [18]. Subst 2016 No 28, Sch 1 [29]; 2025 No 12, Sch 1[50].

52 Additional grounds for vessel registration certificates

52 Additional grounds for vessel registration certificates

(1) The responsible regulator may refuse to grant or transfer a vessel registration certificate for a vessel, or may suspend or cancel a vessel registration certificate for a vessel, if—

(a) the vessel causes, or is reasonably likely to cause, unreasonable noise or air or other pollution because of the vessel’s design, construction or equipment, or

(b) a statutory notice, other than a recreational vessel production notice, has been given in relation to the vessel within the previous 24 months that has not been complied with or withdrawn, or

(c) a recreational vessel production notice has been given in relation to the vessel that has not been complied with or withdrawn, or

(d) the vessel is an unsafe vessel.

(2) To avoid doubt, the circumstances in subsection (1) are additional to other circumstances in which the responsible regulator may, under this Act or the regulations—

(a) refuse to grant or transfer a vessel registration certificate, or

(b) suspend or cancel a vessel registration certificate.

s 52: Am 2014 No 38, Sch 1.1 [2]; 2016 No 28, Sch 1 [30]. Subst 2025 No 12, Sch 1[51].

53 Definition

53 Definition

In this division—

acquire, a vessel, means obtain legal ownership of the vessel by any means, including in accordance with an order of a court in Australia or another legal process.

s 53: Subst 2008 No 59, Sch 1 [26]. Rep 2012 No 90, Sch 1 [19]. Ins 2025 No 12, Sch 1[52].

s 53A: Ins 2008 No 59, Sch 1 [26]. Rep 2012 No 90, Sch 1 [19].

54 Obligations of disposers of vessels

54 Obligations of disposers of vessels

(1) A relevant owner of a registered registrable vessel who disposes of the vessel must, immediately after disposing of the vessel—

(a) notify the responsible regulator of the disposal in a form approved by the responsible regulator, and

(b) give the person acquiring the vessel a copy of the form.

Maximum penalty—20 penalty units.

(2) This section does not apply to the disposal of a registrable vessel—

(a) in accordance with an order of a court in Australia or another legal process, or

(b) in another circumstance prescribed by the regulations.

s 54: Am 2008 No 59, Sch 1 [27] [28]. Rep 2012 No 90, Sch 1 [19]. Ins 2025 No 12, Sch 1[52].

55 Obligations of acquirers of vessels

55 Obligations of acquirers of vessels

(1) A person who acquires a registered registrable vessel must, within 14 days after acquiring the vessel—

(a) notify the responsible regulator of the acquisition in a form approved by the responsible regulator, and

(b) pay the fee prescribed by the regulations, and

(c) if the vessel is acquired in accordance with an order of a court in Australia or another legal process—give the responsible regulator evidence of the court order or process.

Maximum penalty—20 penalty units.

(2) This section does not apply to the acquisition of a registered registrable vessel in a circumstance prescribed by the regulations.

s 55: Rep 2008 No 59, Sch 1 [29]. Ins 2025 No 12, Sch 1[52].

56 Transfer of vessel registration certificates

56 Transfer of vessel registration certificates

(1) The vessel registration certificate for a vessel is taken to be transferred to the person acquiring the vessel when the responsible regulator issues the vessel registration certificate to the person.

(2) The responsible regulator is taken to have refused the transfer if the vessel registration certificate is not issued to the person within 60 days after the person notified the responsible regulator under this division.

s 56: Subst 2008 No 59, Sch 1 [30]. Rep 2012 No 90, Sch 1 [19]. Ins 2025 No 12, Sch 1[52].

57 Grounds to refuse transfer

57 Grounds to refuse transfer

The responsible regulator may refuse the transfer of a vessel registration certificate for a vessel in the following circumstances—

(a) the person acquiring the vessel is not a suitable person to hold a marine safety licence,

(b) the responsible regulator is satisfied the proposed transfer is—

(i) not genuine, or

(ii) being undertaken to avoid liability,

(c) the responsible regulator decides the refusal is in the public interest,

(d) an order of a court in Australia or another legal process prohibits the transfer and the responsible regulator has been notified, or otherwise becomes aware, of the order or process,

(e) the relevant owner has not obtained the consent of a person who owns the vessel to the proposed transfer,

(f) the relevant owner or the person acquiring the vessel gives information that—

(i) is false or misleading in a material particular, or

Note—

The Crimes Act 1900, Part 5A contains offences relating to the making of false or misleading applications or giving false or misleading information or documents.

(ii) is, in the responsible regulator’s opinion, inadequate to enable the proposed transfer to be assessed properly,

(g) the responsible regulator has requested further information or supporting evidence in relation to the proposed transfer that has not been given,

(h) another circumstance prescribed by the regulations.

s 57: Am 2008 No 59, Sch 1 [31]. Rep 2012 No 90, Sch 1 [20]. Ins 2025 No 12, Sch 1[52].

58 Power to rescind transfers

58 Power to rescind transfers

(1) The responsible regulator may rescind the transfer of a vessel registration certificate under this division if, within 14 days after the transfer, the responsible regulator becomes aware that the transfer was—

(a) not genuine, or

(b) undertaken to avoid liability.

(2) If a transfer is rescinded—

(a) the vessel registration certificate is taken to have never been transferred, and

(b) the responsible regulator must notify the person who disposed of the vessel and the person who acquired the vessel of the rescission as soon as practicable after the rescission.

(3) The regulations may provide for the rescission of transfers of vessel registration certificates, including—

(a) the return or issue of vessel registration certificates, and

(b) the refund of fees.

s 58: Rep 2012 No 90, Sch 1 [20]. Ins 2025 No 12, Sch 1[52].

62 Vessels to which Division applies

62 Vessels to which Division applies

(1) This Division applies to any power-driven recreational vessels operating in or from State waters, other than vessels exempted by the regulations.

(2) In this Division, recreational vessel includes a commercial vessel while hired or used for recreational or sporting purposes and not hired or used for any commercial purpose.

63 Offence to operate recreational vessel without appropriate boat driving licence

63 Offence to operate recreational vessel without appropriate boat driving licence

A person must not operate a recreational vessel to which this Division applies as its master unless the person is the holder of a boat driving licence under this Act of an appropriate type which authorises the person to operate the vessel.

Maximum penalty—15 penalty units.

Note.

A boat driving licence is a marine safety licence—Part 4 deals with the grant of, and other matters relating to, any such licence.

s 63: Subst 2008 No 59, Sch 1 [34].

63A Offences committed by disqualified holders of boat driving licences

63A Offences committed by disqualified holders of boat driving licences

(1) A person who is disqualified by or under any Act from holding or obtaining a boat driving licence under this Act must not—

(a) operate a recreational vessel to which this Division applies as its master during the period of disqualification, or

(b) make an application for a boat driving licence under this Act during the period of disqualification and in respect of the application state his or her name falsely or incorrectly or omit to mention the disqualification.

Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).

(2) Subsection (1) does not apply to the operation of a vessel in circumstances prescribed by the regulations.

(3) An offence under this section is a second or subsequent offence for the purposes of this section if it is the second or subsequent occasion on which the person is convicted of any offence under subsection (1) within the period of 5 years immediately before the person is convicted of the offence.

(4) If a person is convicted by a court of an offence under subsection (1), the person—

(a) is disqualified by the conviction (and without any specific order) for the relevant disqualification period from the date of expiration of the existing disqualification or suspension or from the date of such conviction, whichever is the later, from holding a boat driving licence under this Act, and

(b) may also be disqualified, for such additional period as the court may order, from holding a boat driving licence under this Act.

(4A) The court is to cause particulars of any disqualification under subsection (4) to be forwarded to Transport for NSW.

(5) The disqualification referred to in subsection (4) is in addition to any penalty imposed for the offence.

(6) Subsection (1) applies to a person who is disqualified from holding a boat driving licence by a court in Australia or under any law in this State or another State or Territory.

(7) In this section, the relevant disqualification period is—

(a) in the case of a first offence under subsection (1)—12 months, or

(b) in the case of a second or subsequent offence under subsection (1)—2 years.

s 63A: Ins 2008 No 59, Sch 1 [35]. Am 2016 No 28, Sch 1 [31] [32]; 2020 No 30, Sch 4.42[1].

64 Exemption from requirement to hold boat driving licence

64 Exemption from requirement to hold boat driving licence

(1) A person is exempt from the requirement to hold a boat driving licence if the person—

(a) is not ordinarily resident in this State, and

(b) has been operating power-driven recreational vessels in State waters for less than 3 months, and

(c) is authorised under the law of another State or a Territory to operate the vessel concerned (being an authorisation that is not suspended) and is operating the vessel in accordance with the conditions of that authorisation.

(1A) Subsection (1) does not exempt a person from the requirement to hold a boat driving licence if—

(a) the person holds a boat driving licence that is suspended, or

(b) the person has held a boat driving licence that has been cancelled and the person is disqualified from applying for another such licence.

(2) A person is exempt from the requirement to hold a boat driving licence if the person—

(a) is the holder of a certificate of competency as a master, first mate, second mate or coxswain (or other crew member prescribed by the regulations) under the National law, or

(b) is exempted by the regulations, or

(c) is exempted by the responsible regulator by order in writing given to the person.

s 64: Am 2008 No 59, Sch 1 [36] [37]; 2012 No 90, Sch 1 [21]; 2014 No 38, Sch 1.1 [2]; 2025 No 12, Sch 1[24].

65 Recognised marine safety licences

65 Recognised marine safety licences

(1) This section applies to a marine safety licence that is a vessel registration certificate required to be held by this Part.

(2) A marine safety licence under this Act may take the form of the grant of recognition for a marine safety licence (or similar licence) granted under the law of the Commonwealth, of another State or a Territory or of another country.

(3) In that case—

(a) a reference in this Act to the grant of the relevant marine safety licence is a reference to the grant of recognition of the licence, and

(b) a reference in this Act to the cancellation or suspension of the relevant marine safety licence is a reference to the withdrawal of recognition indefinitely or for a period, and

(c) a reference in this Act to the disqualification of the holder of the relevant marine safety licence includes a reference to the disqualification of the person from having a licence recognised.

s 65: Am 2012 No 90, Sch 1 [22].

66 Mutual recognition of marine safety licences

66 Mutual recognition of marine safety licences

(1) The regulations may provide for automatic recognition for any marine safety licence to which section 65 applies.

(2) Any such recognition is subject to compliance with the conditions of the licence and of any law of the jurisdiction in which the licence was issued that relates to authority conferred by the licence.

67 Regulation of marine safety equipment or facilities

67 Regulation of marine safety equipment or facilities

(1) The regulations may make provision for or with respect to the following—

(a) the installation or carriage on vessels of marine safety equipment or facilities,

(b) the wearing of safety equipment by persons on vessels or engaged in activities in or over the water.

(2) In this section—

vessel means—

(a) a recreational vessel, or

(b) a hire and drive vessel.

s 67: Subst 2008 No 59, Sch 1 [38]. Am 2025 No 12, Sch 1[53].

68 Regulation of design and construction of recreational vessels

68 Regulation of design and construction of recreational vessels

The regulations may make provision for or with respect to the design and construction of recreational vessels.

68A Regulations relating to builders plates for vessels

68A Regulations relating to builders plates for vessels

(1) Regulations may be made for or with respect to builders plates to be fixed on vessels.

(2) Without limiting the generality of subsection (1), the regulations may make provision for or with respect to the following—

(a) prohibiting or regulating the sale or supply of vessels in New South Wales without builders plates,

(b) the information to be included on builders plates for vessels, the form of such plates and the manner in which they are to be fixed to vessels,

(c) the persons who may fix builders plates to vessels,

(d) the alteration and removal of builders plates.

s 68A: Ins 2008 No 59, Sch 1 [39].

69 Regulation of passengers

69 Regulation of passengers

(1) The regulations may make provision for or with respect to—

(a) the maximum number of passengers or other persons to be carried on vessels, or

(b) the conduct of passengers on vessels, including the removal of passengers from vessels.

(2) In this section—

vessel includes a domestic commercial vessel.

s 69: Am 2025 No 12, Sch 1[54].

70 Vessel identification etc

70 Vessel identification etc

The regulations may require identifying and other information to be displayed on vessels (including the display of particulars of registration of vessels or the maximum carrying capacity of vessels).

70A Public register

70A Public register

(1) Transport for NSW must establish and keep a register (the register) of vessels to which a statutory notice relates if—

(a) the Minister is reasonably satisfied the statutory notice relates to the current condition or safety of the vessel, and

(b) the statutory notice has not been complied with or withdrawn.

(2) Transport for NSW must record the following information in the register—

(a) the name of the vessel,

(b) the vessel registration number for the vessel,

(c) all or part of the hull identification number for the vessel,

(d) the Act under which the statutory notice was given,

(e) the type of statutory notice,

(f) the date the statutory notice was given.

(3) The register must be published on a NSW Government website used by Transport for NSW and be accessible to the public without charge.

(4) The regulations may prescribe other matters, including statutory notices, that must or must not be included in the register.

(5) In this section—

vessel includes a commercial vessel.

s 70A: Ins 2025 No 12, Sch 1[55].

Part 6 Pilotage

Part 6 Pilotage

71 Definitions

71 Definitions

(1) In this Part—

pilotage means the conduct of a vessel by a pilot as follows—

(a) inward pilotage, that is, the pilotage of a vessel entering into a pilotage port from the time at which the vessel crosses the port limit until the vessel is at anchor or made fast to the shore,

(b) outward pilotage, that is, the pilotage of a vessel leaving a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is clear of the port limit,

(c) harbour pilotage, that is, the pilotage of a vessel being moved within a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is at anchor or made fast to the shore.

pilotage port means (subject to subsection (2)) any of the following ports—

(a) Sydney Harbour,

(b) Botany Bay,

(c) Newcastle,

(d) Port Kembla,

(e) Yamba,

(f) Eden.

pilotage service provider means—

(a) in relation to pilotage services provided by the Port Authority of New South Wales under an operating licence under Division 3 of Part 2 of the Ports and Maritime Administration Act 1995—that Authority (and, if those services are provided by way of a subsidiary, includes the subsidiary), or

(b) in relation to pilotage services provided by a contractor under a contract under section 26A of the Ports and Maritime Administration Act 1995—the contractor, or

(c) in relation to any other pilotage services—the Minister.

subsidiary, in relation to the Port Authority of New South Wales, means a body corporate that would be a subsidiary (as determined by the Corporations Act 2001 of the Commonwealth) of that Authority if that Authority were a company.

(2) The regulations may provide that any other port is a pilotage port for the purposes of this Part or that a port is no longer such a port.

s 71: Am 2002 No 112, Sch 1.15 [1] [2]; 2006 No 84, Sch 2.8 [3]; 2008 No 59, Sch 1 [40]; 2016 No 55, Sch 3.20 [2] [3].

72 Marine pilots in any port to be licensed

72 Marine pilots in any port to be licensed

(1) A person must not act as the marine pilot of a vessel in any port unless the person is the holder of a marine pilot’s licence under this Act and the licence applies to that port.

Maximum penalty—100 penalty units.

Note.

A marine pilot’s licence is a marine safety licence—Part 4 deals with the grant and other matters relating to any such licence.

(2) An unlicensed person does not commit an offence against subsection (1) if the person is training as a marine pilot and is acting under the direct supervision of the holder of a marine pilot’s licence under this Act that applies to the port concerned.

s 72: Am 2008 No 59, Sch 1 [41].

73 Marine pilots in pilotage ports to be provided by pilotage service provider

73 Marine pilots in pilotage ports to be provided by pilotage service provider

A person must not act as the marine pilot of a vessel in a pilotage port unless—

(a) in a case where the pilotage service provider is the Minister, the person has been authorised by the Minister to act as a marine pilot in that pilotage port, or

(b) in any other case, the person is employed or engaged by the pilotage service provider.

Maximum penalty—100 penalty units.

s 73: Subst 2008 No 59, Sch 1 [42].

74 Pilotage compulsory in pilotage ports

74 Pilotage compulsory in pilotage ports

(1) Pilotage is compulsory in every pilotage port.

(2) The master of a vessel must not enter, leave or move within a pilotage port with the vessel before taking on board the marine pilot made available by the pilotage service provider to conduct the vessel on its movement into the port, out of the port or within the port.

Maximum penalty—100 penalty units.

(2A) Subsection (2) does not apply to the movement of a vessel if—

(a) approval for the movement of the vessel was obtained from the harbour master for the port concerned before the vessel was moved, and

Example of when harbour master may give approval—

the harbour master is satisfied it is necessary for a marine pilot to embark or disembark a vessel within port limits for the pilot’s safety

(b) the movement of the vessel was recorded in the vessel’s log.

(3) This section continues to apply even though a marine pilot has deferred pilotage under this Division.

Note.

Pilotage charges are imposed by Part 5 of the Ports and Maritime Administration Act 1995.

s 74: Am 2006 No 84, Sch 2.8 [4]; 2008 No 59, Sch 1 [43]; 2025 No 12, Sch 1[56].