41Restrictions in or near swimming areas

#### 41 Restrictions in or near swimming areas 41 Restrictions in or near swimming areas > > (1) A person must not operate a vessel in a swimming area unless permitted to do so by a notice erected or authorised to be erected by the Minister. > > > (2) A person must not operate a power-driven vessel within 60 metres of a swimming area unless permitted to do so by a notice erected or authorised to be erected by the Minister. > > > (3) A person must not use a vessel to tow another person by any means if the other person is in, or within 60 metres of, a swimming area. > > > (4) This clause does not apply to a vessel that is operated by a local council, Surf Life Saving New South Wales or professional lifeguards for the purpose of undertaking rescues or surf rescue training or patrolling. > > > (5) For the purposes of this clause, a swimming area means— > > > > > (a) in the case of surf beaches—the area of navigable waters designated for use by swimmers by the display of surf patrol flags or signs erected by a public or local authority authorised to do so, being an area having boundaries comprising— > > > > > > > (i) the shore between the flags or signs, and > > > > > > > (ii) imaginary lines running from the flags or signs perpendicular to the shore for a distance of 500 metres from the shore (or for such shorter distance from the shore as is indicated on the flags or signs), and > > > > > > > (iii) an imaginary line running between the ends of those lines, or > > > > > (b) in any other case—any area of navigable waters designated for use by swimmers by the display of signs erected by a public or local authority authorised to do so, being an area having boundaries comprising— > > > > > > > (i) the shore between the signs (or, if 3 or more such signs are erected on the shore, the shore between the 2 outermost signs), and > > > > > > > (ii) imaginary lines, running from the signs, perpendicular to the shore for a distance of 60 metres from the shore (or for such shorter distance from the shore as is indicated on the signs), and > > > > > > > (iii) an imaginary line running between the ends of those lines. > > Maximum penalty—50 penalty units.