40Minimum distances to be maintained

#### 40 Minimum distances to be maintained 40 Minimum distances to be maintained > > (1) The operator of any vessel must ensure that the vessel and any towing equipment and any person being towed by the vessel maintains— > > > > > (a) a distance of not less than 60 metres from any persons in the water or, if that is not practicable, a safe distance and speed, and > > > > > (b) a distance of not less than 60 metres from the location of a dive flag on the surface of the water or, if that is not practicable, a safe distance and speed. > > > > Maximum penalty—50 penalty units. > > > (2) The operator of a power-driven vessel that is travelling at a speed of 6 knots or more must ensure that the vessel, and any towing equipment and any person being towed by the vessel, maintain a distance of not less than 30 metres from any vessel, land, structures and other things or, if that is not practicable, a safe distance and speed. > > > > Maximum penalty—50 penalty units. > > > (3) The operator of a parasailing vessel must ensure that the vessel, any towing equipment and any person being towed maintain a distance of at least 200 metres from any other vessel and any overhead structure or apparatus erected or suspended above navigable waters. > > > > Maximum penalty—50 penalty units. > > > (4) Subclause (1) does not apply when a vessel is— > > > > > (a) supporting or retrieving divers from the water, or > > > > > (b) supporting swimmers in the water, or > > > > > (c) a manually-powered vessel such as, but not limited to, a canoe, surf ski or row boat, or > > > > > (d) a sailing vessel under 5.5 metres in length that does not have an auxiliary means of propulsion, or > > > > > (e) being launched or removed from the water with appropriate care to avoid injuring persons or damaging property. > > **cl 40:** Am 2025 (613), Sch 1\[5\]–\[8\].