51Personal watercraft excluded from Sydney Harbour and its tributaries

#### 51 Personal watercraft excluded from Sydney Harbour and its tributaries 51 Personal watercraft excluded from Sydney Harbour and its tributaries > > (1) A person must not operate a personal watercraft on any navigable waters in a personal watercraft exclusion zone. > > > (2) The owner of a personal watercraft must not permit a person to operate the personal watercraft on any navigable waters in a personal watercraft exclusion zone. > > > (3) Subclauses (1) and (2) do not apply to a police officer, or a member of staff of Transport for NSW, acting in the exercise of his or her functions. > > > (4) A person who commits an offence under subclause (1) may be disqualified by the responsible regulator from holding or obtaining a boat driving licence— > > > > > (a) for the first such offence—for a period of up to 1 year after the commission of the offence, or > > > > > (b) for the second or subsequent such offence—for a period of up to 2 years after the commission of the offence. > > > (5) The disqualification is in addition to any penalty imposed for the offence. > > > (6) Subject to subclause (7), the responsible regulator may at any time remove, or reduce the period of, a disqualification imposed by subclause (4). > > > (7) A disqualification imposed by subclause (4) does not operate to the extent to which it is inconsistent with any order of a court, or any decision of the responsible regulator under section 38 of the Act, that disqualifies the person concerned from holding or obtaining a licence. > > > (8) For the purposes of subclause (4), a person is taken to have committed an offence— > > > > > (a) at the time that the person is found guilty of the offence by a court, or > > > > > (b) at the time that the person pays the penalty required by a penalty notice served on the person under section 126 of the Act in respect of the alleged offence (or if the person does not pay the penalty and does not elect to have the matter dealt with by a court, at the time that enforcement action is taken against the person under Division 3 or 4 of Part 4 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099)). > > > (9) Subclause (4) (b) extends to a person whose first offence against a provision that corresponded with subclause (1) was committed before the commencement of this clause. > > > (10) In this clause— > > > > personal watercraft exclusion zone means the waters of Port Jackson, and includes the waters of all tidal bays, rivers and their tributaries connected or leading to Sydney Harbour bounded by high water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head. > > Maximum penalty (subclauses (1) and (2)): 50 penalty units.