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.