30Restrictions near construction work

30 Restrictions near construction work

30 Restrictions near construction work

(1) A person, whether or not conveyed by a vessel, must not, without lawful authority, enter or be in any navigable waters within 30 metres of any site—

(a) on which construction work is being carried on by or for Transport for NSW or any other public or local authority, and

(b) on which there is erected a sign specifying that construction work is being carried on by that agency or authority and that it is an offence to be within 30 metres of that work.

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 public or local authority 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, 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.