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].