56Operation of commercial vessels in State waters

#### 56 Operation of commercial vessels in State waters 56 Operation of commercial vessels in State waters > > (1) Transport for NSW may issue a direction in relation to waterway management matters to— > > > > > (a) a person operating, or proposing to operate, a commercial vessel, or > > > > > (b) a person or persons operating, or proposing to operate, a commercial vessel of a class referred to in the direction, or > > > > > (c) a person or persons operating, or proposing to operate, a commercial vessel carrying out a function or activity referred to in the direction. > > > (2) A direction may be issued by notice in writing given to the person concerned or by publication in the Gazette. > > > (3) If a direction is published in the Gazette, the direction takes effect at the beginning of the day after it is published, or on any later date specified in the direction. > > > (4) If a direction has been issued under this clause that, for reasons of safety associated with an activity, excludes persons or vessels not carrying out that activity from waters while that activity is being carried out, a person who carries out the relevant activity must pay the appropriate market rate for that use of the waters, as determined by Transport for NSW. > > > (5) A person operating a vessel in State waters must comply with any such direction. > > > > Maximum penalty—100 penalty units. > > > (6) For the purposes of this clause, waterway management matter includes, but is not limited to, the following— > > > > > (a) the designation of areas in which particular vessels may operate, or be prohibited from operating, > > > > > (b) the designation of areas in which vessels may be used for particular purposes or where the use of vessels for particular purposes may be prohibited, > > > > > (c) the designation of areas for the exclusive use of particular vessels or of vessels being used for a particular purpose, > > > > > (d) the imposition of speed restrictions, > > > > > (e) the imposition of navigation requirements.