29Restrictions near certain wharves or marine installations

#### 29 Restrictions near certain wharves or marine installations 29 Restrictions near certain wharves or marine installations > > (1) A person, whether or not conveyed by a vessel, must not, without lawful authority, enter or be in any navigable waters within 100 metres of any wharf or marine installation used for the shipment, unshipment or storage of any oil, inflammable liquids, dangerous goods or explosives. > > > > Maximum penalty—100 penalty units. > > > (2) 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 or a person in charge of the wharf or installation 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, that the wharf or marine installation was used for the shipment, unshipment or storage of any oil, inflammable liquids, dangerous goods or explosives. > > **cll 29:** Am 2016 No 55, Sch 3.21 \[2\].