NSWIn ForceAct
Marine Safety Act 1998
18BRestrictions in navigable waters for exclusion zones and other activities or events
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#### 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—
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> > > (a) an exclusive aquatic activity, or
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> > > (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.
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> > (2) Without limiting subsection (1), the notice may—
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> > > (a) exclude vessels and persons from a specified area in relation to the activity or event, or
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> > > (b) impose a restriction that may be imposed under section 11.
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> > (3) An authorised officer may direct a person in an exclusion zone, or a person operating a vessel in an exclusion zone, to—
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> > > (a) leave the exclusion zone, or
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> > > (b) comply with a restriction imposed in the notice.
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> > (4) The person must not, without reasonable excuse, fail to comply with the notice or direction.
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> > Maximum penalty—10 penalty units.
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> > (5) The Minister may charge a person—
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> > > (a) a reasonable fee for the Minister to establish and maintain an exclusion zone (an exclusion zone fee), and
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> > > (b) for an exclusive aquatic activity—an additional amount for the benefit of the exclusive use of the waters because of the exclusion zone.
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> > (6) Nothing in this section affects—
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> > > (a) a regulation or notice under section 11, or
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> > > (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.
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> > (7) The regulations may provide for other circumstances in which the Minister may charge a person an exclusion zone fee.
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> > (8) In this section—
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> > exclusion zone means the area in navigable waters specified in a notice under subsection (2)(a).
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> > exclusive aquatic activity means an aquatic activity conducted under an aquatic licence that requires an exclusion zone.
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> **s 18B:** Ins 2025 No 12, Sch 1\[17\].