28Restrictions near certain vessels or machinery

28 Restrictions near certain vessels or machinery

28 Restrictions near certain vessels or machinery

(1) A person, whether or not conveyed by a vessel, must not enter or be in any navigable waters within 30 metres of any moored or anchored seagoing ship, stranded vessel, moored or anchored dredge, floating crane or machinery.

(2) A person, whether or not conveyed by a vessel, must not enter or be in any navigable waters within 30 metres of any sunken vessel.

(3) This clause does not apply to the following—

(a) a person or a member of a class of persons who is authorised to enter or be in the area by a member of staff of Transport for NSW or the Port Authority of New South Wales, the owner or master of the vessel concerned or a person in charge of the crane or machinery concerned,

(b) a person who is on board a vessel that is operated by a police officer, or a member of staff of Transport for NSW or the Port Authority of New South Wales, acting in the exercise of his or her functions,

(c) a person being conveyed in a vessel that is compelled by circumstances to proceed through the area concerned and that does so on a direct course without interruption,

(d) a person who is within the distance referred to because of an emergency or in order to avoid an immediate risk of injuring persons or damaging property,

(e) a person who is being conveyed on a vessel over which the person has no control,

(f) a person who did not know, and could not reasonably have determined, the location of the ship, vessel, dredge, crane or machinery.

Maximum penalty—100 penalty units.

cll 28: Am 2016 No 55, Sch 3.21 [2].