Division 9 — Offences and penalties
- Offences and penalties 93
Part VIII — Miscellaneous
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Duty of owner or master 94
-
Form of warrant 94
-
Form of order to produce 94
-
Disclosure of information by Commissioner of Police 94
-
Disclosure of information: prescribed persons 95
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Method of giving certain notices 99
-
Offence of unauthorised endorsement or alteration of infringement notices 100
Schedule 1
Schedule 2 — Classes of things that are and are not vessels
Division 1 — Classes of things that are vessels
Division 2 — Classes of things that are not vessels
Notes
Compilation table 107
Other notes 117
Defined terms
Western Australian Marine Act 1982
Shipping and Pilotage Act 1967
Jetties Act 1926
Part I — Preliminary
1. Citation and commencement
These regulations may be cited as the Navigable Waters Regulations 1958, and shall come into force one month after the publication thereof in the Government Gazette.
[Regulation 1 amended: Gazette 10 Feb 2006 p. 667.]
2. Terms used
(1) In these regulations —
Acts means the Shipping and Pilotage Act 1967, the Jetties Act 1926 and the Western Australian Marine Act 1982;
diving means diving using compressed gas for breathing by means of either surface supplied breathing apparatus or self‑contained underwater breathing apparatus;
length, in relation to a vessel, means —
(a) in the case of a vessel that is registered under regulation 45B —
(i) the length of the vessel specified in the certificate of registration of that vessel; or
(ii) if the Minister is not satisfied as to the accuracy of that registered length, the length determined under paragraph (b);
and
(b) in any other case, the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;
Marine Act means the Western Australian Marine Act 1982;
motor boat means a vessel propelled by any means other than oars or sail and includes a speed boat and a sailing vessel which is equipped with propelling machinery and propelled by mechanical power;
navigable waters means —
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State on which any vessel or any type of marine craft can be navigated;
occupier, in relation to premises, has the meaning given in section 6(1) of the Marine Act;
premises has the meaning given in section 6(1) of the Marine Act;
protected waters means the waters contained in any lake, river or estuary, or by any breakwater, but does not include the waters of Cambridge Gulf or Lake Argyle;
public jetty means public jetty as defined in the Jetties Act 1926, section 3;
registrable vessel —
(a) means a pleasure vessel that is fitted with, or has a fitting for, a motor, including, for example, a pleasure vessel that is ordinarily propelled by sail only but is fitted with, or has a fitting for, a motor; but
(b) does not include a tender;
remove, for regulation 38 and Part 5, includes move;
speed boat means a motor boat designed for, or capable of, a speed in excess of 12 knots;
tender means an auxiliary vessel that is —
(a) not more than 3.1 m in length; and
(b) propelled by motored power not exceeding 3.73 kW; and
(c) marked with the registration number of its parent vessel in black numerals not less than 50 mm in height and 12 mm in width with a white surround not less than 7 mm immediately forward of the transom on each side of the vessel; and
(d) used for either or both of the following purposes, and for no other purpose —
(i) as a life boat;
(ii) as a means of transportation between the parent vessel and the shore.
(2) For the purposes of the definition of vessel in the Western Australian Marine Act 1982 section 3(1) —
(a) a class of thing specified in Schedule 2 Division 1 is a vessel; and
(b) a class of thing specified in Schedule 2 Division 2 is not a vessel.
(3) If a term used in these regulations is given a meaning in the Western Australian Marine Act 1982, it has the same meaning in these regulations, unless the contrary intention appears.
[Regulation 2 amended: Gazette 19 Dec 1962 p. 4014; 23 Mar 1965 p. 900; 7 Jun 1972 p. 1721; 22 Dec 1972 p. 4777; 12 Jul 1974 p. 2624; 1 Jul 1983 p. 2263; 28 Aug 1992 p. 4239; 24 Apr 1998 p. 2161; 11 Mar 2003 p. 752; 24 Oct 2008 p. 4669‑70; 11 Dec 2009 p. 5059; 25 Nov 2011 p. 4873; SL 2023/135 r. 4; SL 2024/191 r. 4; SL 2025/215 r. 4.]
2A. Measurement of distance
In these regulations, a reference to a distance from any shore or land is a reference to that distance measured from the high water mark on the shore or land and not from any jetty, pier or other structure abutting on or adjacent to the shore or land.
[Regulation 2A inserted: SL 2023/135 r. 5.]
3. Responsibility of master and owner
(1) Where by these regulations any act is required or forbidden to be done in relation to any vessel, it is the duty of the master and owner of the vessel to do the act or to refrain from doing the act as the case may be except where otherwise expressly provided by these regulations.
(2) For the purposes of this regulation, regulation 51C applies to every vessel being a vessel within the meaning of the Acts or to every owner or person in charge of any such vessel, as the case may be.
[Regulation 3 amended: Gazette 19 Dec 1962 p. 4014; 10 Feb 2006 p. 667; 27 Aug 2010 p. 4113; 25 Jul 2014 p. 2581; SL 2024/191 r. 5.]
3A. When emergency vessels exempt
A provision of these regulations does not apply to a vessel if —
(a) the vessel has been declared to be an emergency vessel under regulation 19H; and
(b) the vessel is being used as an emergency vessel in accordance with the terms of that declaration; and
(c) the provision is one from which the vessel is exempt under regulation 19H(2)(b).
[Regulation 3A inserted: Gazette 3 Aug 1990 p. 3753; amended: Gazette 20 Jun 2000 p. 3038.]
3B. International Organization for Standardization
The International Organization for Standardization is specified as a like body for the purposes of the Western Australian Marine Act 1982 section 115(1)(a).
[Regulation 3B inserted: Gazette 3 Mar 2017 p. 1485.]
Part II — General good order regulations
4. Application of Part
This Part applies to —
(a) a vessel being a vessel referred to in any of the Acts or to the owner, master or person in charge of the vessel, as the case may be; and
(b) persons in or on navigable waters.
[Regulation 4 inserted: SL 2024/191 r. 6.]
5. Inspection of vessels
(a) Any officer of the Department and any police officer may at any hour of the day or night enter upon and inspect any vessel and the equipment, machinery and gear in or about the vessel.
(b) Any person who obstructs, threatens or interferes with an officer of the Department or police officer when acting under the last preceding subregulation shall be guilty of an offence.
(c) No person on or about a vessel shall, on demand by an officer of the Department, refuse to furnish the officer with the person’s name and address.
(d) The Department may cancel or suspend any certificate granted by the Department under any of the Acts to a person convicted of an offence under this regulation.
[Regulation 5 amended: SL 2024/191 r. 41.]
6. Lifesaving equipment not to be interfered with
No person shall interfere with, remove or damage any lifesaving equipment which has been placed in a public place for use in saving life from drowning.
[Regulation 6 amended: Gazette 28 May 1969 p. 1568.]
6A. Owner of vessel to comply with directions
The owner of a vessel shall, at all times, comply with any directions given by an officer of the Department, an authorised person, an inspector or a police officer.
[Regulation 6A inserted: Gazette 28 Aug 1992 p. 4239; amended: Gazette 17 Nov 2009 p. 4630; SL 2024/191 r. 41.]
7. Aids to navigation not to be interfered with
(a) No person shall interfere with, remove or damage any beacon, buoy or other artificial aid to navigation.
(b) No person shall, except with permission in writing from the Department, make fast any vessel to any beacon, buoy, seamark or other aid to navigation.
[Regulation 7 amended: SL 2024/191 r. 41.]
8. Rubbish
(a) No person shall throw into or cause to be placed in any port or harbour or navigable waters any matter or thing except with the permission of the Department.
(b) A person convicted of an offence under this regulation shall within 10 days after demand by the Department remove or cause to be removed from the port or harbour or navigable waters the matter or thing thrown or placed therein. Where the matter or thing is not so removed within the period of 10 days, the Department may remove it or cause it to be removed and all costs incurred in or about such removal shall be deemed to be a debt payable to the State by the person offending and may be recovered by action in law in a court of competent jurisdiction.
[Regulation 8 amended: Gazette 28 May 1969 p. 1568; 22 Dec 1972 p. 4777; SL 2024/191 r. 7 and 41.]
9. Sand below high water mark not to be interfered with
(a) Except as provided by subregulation (b) of the last preceding regulation, no person shall, except with permission of the Department, remove any sand or other material from below high water mark in any port or harbour.
(b) No person shall interfere with or cause damage or erosion to the sea shore or to any natural or artificial river bank within a port or harbour.
[Regulation 9 amended: SL 2024/191 r. 41.]
10. Conduct on or near vessels, public jetties or bridges
No person shall —
(a) while using or swimming from or near any public jetty or bridge obstruct, impede or interfere with the passage of any vessel approaching or leaving the public jetty or bridge; or
(b) cause a nuisance to any person on, in or about a vessel, public jetty or bridge.
[Regulation 10 amended: Gazette 12 Jul 1974 p. 2624.]
10A. Areas for swimming
The Department may, by notice published in the Government Gazette —
(a) define and set aside any area of navigable waters as an area that shall not be used for any purpose other than swimming;
(b) prohibit swimming from or near any public jetty or bridge specified in the notice or within any area of navigable waters defined in the notice;
(c) vary or cancel any previous notice under this regulation.
[Regulation 10A inserted: Gazette 12 Jul 1974 p. 2625; amended: Gazette 16 Mar 1979 p. 750; SL 2024/191 r. 41.]
11. Swimming from public jetty to be at own risk
A person using or swimming from a public jetty shall do so at his own risk so far as liability of the Crown or the Department is concerned for any injury, loss or damage incurred by that person in his use of the jetty.
[Regulation 11 amended: SL 2024/191 r. 41.]
12. Regattas
(a) No person shall navigate a vessel in such a manner or in such a position as to obstruct, impede or otherwise interfere with, or endanger the safety of boats or persons assembled or competing in events on the occasion of any form of aquatic sport, boat race, swimming carnival, regatta or other assembly for the purpose of entertainment within any navigable waters, for which permission has been granted pursuant to regulation 51C.
[(b) deleted]
(c) Notwithstanding subregulation (a) the person in charge of any sailing vessel or motor boat competing in an organized event shall comply with regulation 13.
[Regulation 12 amended: Gazette 3 Oct 1967 p. 2592; 18 Dec 1981 p. 5219; 28 Aug 1992 p. 4239.]
13. Prevention of Collisions in State Waters Regulations 1983 apply
It is the duty of every person in charge of a motor boat or sailing vessel to be conversant with, and to abide at all times by, these regulations and the Prevention of Collisions in State Waters Regulations 1983 made under the Western Australian Marine Act 1982.
[Regulation 13 inserted: Gazette 18 Dec 1981 p. 5219; amended: Gazette 1 Jul 1983 p. 2263; SL 2025/68 r. 4.]
14. Vessel not to be used to cause nuisance or damage
No vessel shall travel at such a speed or in such a manner as to cause —
(a) nuisance to any person or to any other vessel whether moored or not; or
(b) damage to any person or to that or any other vessel whether moored or not; or
(c) damage or erosion to any bank or property.
[Regulation 14 amended: Gazette 17 Nov 2009 p. 4628.]
14A. Safe navigation of vessels
No person shall navigate a vessel in such a manner as to —
(a) endanger the safety of that or any other vessel or any person; or
(b) obstruct, impede or otherwise interfere with any other vessel.
[Regulation 14A inserted: Gazette 22 Sep 1978 p. 3504.]
14B. Passengers to keep within certain limits of vessel during navigation
The person in charge of a vessel shall not permit any other person not engaged in activities required by the navigation of the vessel or the purposes for which that vessel is being used to remain in a position where any portion of his body is exposed to the risk of injury beyond the limits of the hull of that vessel.
[Regulation 14B inserted: Gazette 22 Aug 1975 p. 3044.]
15. Towing vessels
(1) No motor boat shall pass through or under any bridge with more than one vessel in tow.
(2) A person shall not use a vessel for the purposes of towing unless he is at least 17 years of age and is accompanied, in the vessel, by a person of at least 14 years of age.
(3) A person in control of a towing vessel shall maintain a constant look‑out ahead and the person accompanying him, in the vessel, shall maintain a constant watch over the vessel or object being towed by that vessel.
(4) Subregulations (2) and (3) do not apply where —
(a) a distressed vessel is being towed in an emergency situation and no other person is available as an observer; or
(b) the person in control of a vessel is unaccompanied at the time he finds a drifting vessel or object in any navigable waters and is towing the vessel or object away in order to prevent a danger arising to vessels using those waters.
[Regulation 15 amended: Gazette 22 Sep 1978 p. 3504.]
16. Inflammable liquid
No person shall carry or attempt to carry or cause to be carried any inflammable liquid in any vessel licensed to carry passengers whether or not the liquid is carried with cargo or in passenger’s baggage or otherwise.
17. Two vessels leaving adjacent berths at the same time
Where 2 or more vessels are scheduled to leave the same or adjoining jetties or berths at the same time, the vessel first underway has the right of way and the other vessel or vessels must remain stationary until the vessel first underwayis well clear.
[Regulation 17 amended: Gazette 24 Apr 1998 p. 2161; SL 2023/135 r. 6.]
18. Right of way when approaching jetties
(a) Where 2 motor boats approach the same public jetty from different directions under such circumstances that if they proceed on their courses a dangerous situation is likely to arise, the motor boat bound down a river shall give way to the motor boat bound up a river.
(b) Where 2 motor boats approach the same public jetty in the same direction under circumstances that if they proceed on their course a dangerous situation is likely to arise, the motor boat on the outer course shall give way to the motor boat on the inner course.
18A. At least 2 persons to man sea going vessel
(2) A person shall not cause or permit a vessel to go to sea and to remain outside the limits of any port for a period exceeding 12 hours unless the vessel is manned by not less than 2 persons.
[Regulation 18A inserted: Gazette 30 Dec 1966 p. 3465; amended: Gazette 25 Jul 2014 p. 2581; SL 2024/191 r. 8.]
[19. Deleted: SL 2023/135 r. 7.]
19A. Speed limit in Swan and Canning Rivers
Subject to regulations 48 and 48A, a person shall not cause a vessel to travel at a speed exceeding 10 knots in the waters of the Swan and Canning Rivers between the hours of sunset and sunrise.
[Regulation 19A inserted: Gazette 24 Mar 1972 p. 699.]
19B. Use of signals and flares etc.
A person shall not, except in the case of an emergency, or where a vessel is in distress and requires assistance, use or set off any signal, flare, rocket or other distress signal without having first obtained the written permission of the Department.
[Regulation 19B inserted: Gazette 24 Mar 1972 p. 699; amended: Gazette 28 Aug 1992 p. 4242; 17 Nov 2009 p. 4629 and 4630; SL 2024/191 r. 41.]
19C. Master to display diving signals during diving
(1) Except as provided by subregulation (3), the master or person in charge of a vessel from which a person is diving must, at all times during which the vessel is being so used, cause to be exhibited on the vessel so as to be clearly visible to all approaching vessels at all times, the International Code Flag “A” (a swallowed tailed flag having 2 vertical halves; the inner being white and the outer blue, indicating “diver below”).
(2) The International Code Flag “A” referred to in subregulation (1) must be —
(a) a flag of size 6 of the International Flag Code; or
(b) not less than 750 mm in length and not less than 600 mm in width.
(3) The master or person in charge of a vessel from which a person is diving during the hours of darkness shall cause to be displayed on the vessel, in a vertical line and so as to be clearly visible to all approaching vessels at all times, 3 all round lights (having a visibility of not less than 200 m) the highest and lowest of which must be red and the middle light must be white.
[Regulation 19C inserted: Gazette 22 Dec 1972 p. 4777; amended: Gazette 9 Feb 1979 p. 375; 28 Aug 1992 p. 4239; 11 Mar 2003 p. 752‑3.]
19D. Person to display certain signals when diving otherwise than from vessel
(1) A person who is diving otherwise than from a vessel must ensure that there is displayed at the place where he or she is diving, so as to be clearly visible to all approaching vessels at all times —
(a) the International Code Flag “A”; or
(b) if diving is taking place during the hours of darkness, a yellow or orange flashing light with a visibility of not less than 200 m.
(2) The International Code Flag “A” referred to in subregulation (1) must be —
(a) if displayed from a buoy, not less than 300 mm in length and not less than 200 mm in width; or
(b) if otherwise displayed —
(i) a flag of size 6 of the International Flag Code; or
(ii) not less than 750 mm in length and not less than 600 mm in width.
[Regulation 19D inserted: Gazette 11 Mar 2003 p. 753‑4.]
19E. Precautions when approaching diving operations
(1) Subject to subregulation (2), the master or person in charge of a vessel approaching a place or another vessel displaying International Code Flag “A” or, during the hours of darkness, the appropriate signal must —
(a) keep his vessel at least 50 m clear of that place or vessel; or
(b) where it is not possible to keep 50 m clear of that place or vessel —
(i) proceed at the slowest speed at which his vessel can be safely navigated; and
(ii) maintain a proper lookout for persons in the water,
whilst passing within 50 m of the place or vessel displaying the flag or the appropriate signal.
(2) Notwithstanding subregulation (1) —
(a) an officer of the Department; or
(b) an officer of a department principally assisting a Minister to whom the administration of the Conservation and Land Management Act 1984, the Fish Resources Management Act 1994 or the Biodiversity Conservation Act 2016 is committed in the administration of that Act; or
(c) a police officer, or an Aboriginal police liaison officer appointed under the Police Act 1892 section 38B(1),
who is the master or person in charge of a vessel may, in the course of his or her duties, approach a place or another vessel displaying the International Code Flag “A” or, during the hours of darkness, the appropriate signal.
(3) The master or person in charge of a vessel under subregulation (2) must, while within 50 m of the vessel or place —
(a) proceed at a safe speed; and
(b) maintain a proper lookout for persons in the water.
(4A) The master or person in charge of a vessel in the vicinity of a place or another vessel displaying International Code Flag “A” or, during the hours of darkness, the appropriate signal, but at least 50 m clear of that place or vessel, must, while in such a position —
(a) proceed at a safe speed; and
(b) maintain a proper lookout for persons in the water.
(4B) For the purposes of subregulation (4A), a vessel is in the vicinity as described in subregulation (4A) if the flag or signal is or would be visible to a person on the vessel maintaining a proper lookout.
(4) In this regulation —
appropriate signal means, as the case requires —
(a) the 3 all round lights referred to in regulation 19C(3); or
(b) the yellow or orange flashing light referred to in regulation 19D(1)(b).
[Regulation 19E inserted: Gazette 22 Dec 1972 p. 4778; amended: Gazette 24 Jul 1987 p. 2830; 16 Oct 1987 p. 3893; 2 Nov 1990 p. 5470; 24 Apr 1998 p. 2161; 11 Mar 2003 p. 754‑5; 13 Mar 2009 p. 762; 17 Nov 2009 p. 4629; 14 Sep 2018 p. 3316.]
19F. Owner of vessel to supply driver’s name and address
(1) When it is alleged that a vessel has been involved in the commission of an offence against any of the provisions of these regulations, an officer of the Department may demand from the owner or person for the time being in charge of the vessel, the name and address of the driver of the vessel at the time of the alleged offence.
(2) If the owner, or person for the time being in charge of the vessel, refuses on demand to identify or supply the name and address of the driver of the vessel he commits an offence unless he can prove there are reasonable grounds for him not having knowledge of the driver’s identity.
[Regulation 19F inserted: Gazette 22 Dec 1972 p. 4778; amended: Gazette 28 Aug 1992 p. 4242; 17 Nov 2009 p. 4630; SL 2024/191 r. 41.]
[19G. Deleted: SL 2024/191 r. 9.]
19H. Declaration of emergency vessel
(1) The chief executive officer may, by notice published in the Government Gazette, declare a specific vessel to be an emergency vessel for the purposes of these regulations.
(2) A declaration under subregulation (1) may specify —
(a) the areas within which the vessel may operate as an emergency vessel; and
(b) that these regulations, or specified provisions of these regulations, do not apply, in any circumstances or in specified circumstances, to that vessel while it is being used as an emergency vessel; and
(c) when a lamp displaying intermittent blue flashes may be used on that vessel; and
(d) the persons entitled to operate the vessel under emergency conditions; and
(e) such other matters as the chief executive officer considers expedient.
(3) The chief executive officer may amend or revoke a declaration made under subregulation (1) by the publication of a subsequent notice in the Government Gazette.
[Regulation 19H inserted: Gazette 3 Aug 1990 p. 3753; amended: Gazette 11 Aug 1992 p. 3975‑6.]
19I. Flashing blue lamps
(1) A person shall not fit to a vessel a lamp that is capable of intermittent blue flashes unless that vessel has been declared to be an emergency vessel under regulation 19H.
(2) A person shall not cause a lamp displaying intermittent blue flashes to be used on a vessel unless —
(a) that vessel has been declared to be an emergency vessel under regulation 19H; and
(b) the lamp is used in accordance with the terms of that declaration.
[Regulation 19I inserted: Gazette 3 Aug 1990 p. 3753; amended: Gazette 28 Aug 1992 p. 4242; 17 Nov 2009 p. 4630.]
20. Penalties
Unless otherwise provided, every person who by act or omission contravenes the provisions of any regulation in this Part, or the provisions of any notice published under, and by virtue of, this Part, commits an offence and is liable on conviction to a fine of $500.
[Regulation 20 inserted: Gazette 12 Jul 1974 p. 2625; amended: Gazette 17 Sep 1976 p. 3463; 28 Aug 1992 p. 4242; 17 Nov 2009 p. 4630.]
Part III — Use of public jetties
21. Terms used
In this Part, subject to the context —
jetty means public jetty as defined in section 3 of the Jetties Act 1926, and includes all jetties as defined in the said section and public and private jetties within a proclaimed port or harbour;
vessel means vessel as defined in section 3 of the Jetties Act 1926.
22. Application of this Part
Regulations in this Part apply in relation to all persons, in, on, or using navigable waters in or about a jetty.
23. Jetties to be in accordance with these regulations
(a) No person shall land at, use or enter a jetty except in accordance with these regulations.
(b) No person shall land at, use or enter a jetty which is under construction or under repair or is closed under section 6 of the Jetties Act 1926.
24. Vessels moored to jetties
(a) No vessel shall be moored or made fast to a jetty or any part thereof except to such mooring piles, ring bolts or other fastenings as are provided and no vessel shall remain alongside any jetty unless so moored or fastened.
(b) No person shall cause any obstruction on or to any public steps or landing place for passengers on or at a jetty or impede the free passage of other persons on or along such steps or places.
25. Vessels not to remain at jetties
(a) Any vessel fastened to or alongside a jetty shall be removed forthwith on order for removal being given by an officer of the Department.
(b) Subject to subregulation (a), vessels fastened to or alongside any jetty shall remain so fastened or alongside only while embarking or disembarking passengers or cargo.
(c) No vessel loading or discharging cargo shall come alongside or be fastened to any jetty until the cargo is ready to be loaded or discharged as the case may be.
(d) Except with the written permission of the Department, no vessel shall remain alongside a jetty for the purpose of loading or discharging cargo between sunset and the next following sunrise.
[Regulation 25 amended: SL 2024/191 r. 41.]
26. Cargo or property not to be left on jetties
(a) No property intended for shipment on to a vessel shall be placed on a jetty unless and until the vessel is alongside the jetty, and such property shall be removed from the jetty as soon as practicable after being placed thereon.
(b) Property unloaded from a vessel on to a jetty shall be removed from the jetty as soon as practicable.
(c) Property on a jetty shall be forthwith removed therefrom upon demand by an officer of the Department.
(d) Property left on a jetty shall be removed before the next sunrise.
(e) A person who leaves property or is in charge of property left on a jetty contrary to this regulation commits an offence.
(f) Property which remains on a jetty contrary to this regulation may be removed by an officer of the Department, and the cost of removal and of any subsequent storage of the property shall be deemed to be a debt to the State payable jointly and severally by the owner, consignor and consignee of the property, and may be recovered by action in a court of competent jurisdiction.
[Regulation 26 amended: SL 2024/191 r. 10 and 41.]
27. Explosives not to be landed on jetties
Without the permission of the Department, no person shall land, place or handle on a jetty an explosive as defined in the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 8.
[Regulation 27 amended: Gazette 24 Apr 1998 p. 2161; 25 Jul 2014 p. 2582; SL 2024/191 r. 41.]
28. Vehicles and bicycles on jetties
(a) No vehicle shall be driven on to or be or remain on a jetty without permission of an officer of the Department.
(b) No person shall ride or have a bicycle on any jetty.
[Regulation 28 amended: SL 2024/191 r. 41.]
29. Written permission required for bulk cargoes
(a) No bulk cargo shall be tipped from a vehicle or deposited from a vessel on to a public jetty: Provided that this subregulation shall not apply to the tipping or depositing of sand, stone, gravel, soil or manure which is tipped or deposited by permission in writing of an officer of the Department.
(b) All property tipped or deposited on to a jetty shall be so tipped or deposited gently and carefully.
[Regulation 29 amended: SL 2024/191 r. 41.]
30. Damage to jetties
(a) Without prejudice to the liability of other persons, if any, the owner of a vessel is personally responsible for all damage to a jetty caused by a person employed by him.
(b) Where damage to a jetty is caused by an owner or by a person employed by him, the Department may repair the damage and the cost of such repairs shall be a debt due to the State and payable by the owner and may be recovered in a court of competent jurisdiction.
[Regulation 30 amended: SL 2024/191 r. 11.]
31. Fishing from public bridges and jetties
(1) A person shall not fish in or under a navigation arch of a public bridge or fish from any jetty so as to obstruct or interfere with the free movement of vessels approaching or leaving the jetty or so as to cause a nuisance on the jetty.
(2) A person shall not hang or spread a fishing net from, on or over any part of a jetty.
[Regulation 31 inserted: Gazette 23 Mar 1967 p. 814.]
32. Hawking, meetings etc. prohibited
A person shall not —
(a) without the consent of the Department, offer goods for sale on a jetty; or
(b) by any means, tout or solicit anyone to proceed as a passenger by any vessel or vehicle; or
(c) without the consent of the Department, display any sign or advertisement or use any loud speaking device, on a jetty; or
(d) so conduct himself as to interfere with free movement of persons entering upon or leaving a jetty.
[Regulation 32 inserted: Gazette 23 Mar 1967 p. 815; amended: SL 2024/191 r. 41.]
33. Gangways to be provided
(a) Any licensed passenger motor boat using a jetty for the purpose of embarking or disembarking passengers shall provide between the vessel and the jetty at least one safe gangway of not less than 800 mm in width and having a hand rail on both sides.
(b) Where passengers are embarking or disembarking between sunset and the next following sunrise, the gangway referred to in the last preceding subregulation shall be sufficiently lighted.
[Regulation 33 amended: Gazette 14 Feb 1975 p. 572.]
34. Material not to be removed without permission
No person shall remove or cause to be removed from any jetty or from the approaches thereto any gravel, stone, timber, trees, shrubs, grasses or other material without the written permission of the Minister to whom the administration of the Public Works Act 1902 is committed or his representative.
[Regulation 34 amended: Gazette 24 Apr 1998 p. 2162.]
35. Obstruction of jetties or officer
(a) No person shall place or cause to be placed on a jetty any obstruction without the written permission of the Department or the department principally assisting the Minister to whom the administration of the Public Works Act 1902 is committed in the administration of that Act.
(b) No person shall obstruct any representative, officer or workman of the Department or the department principally assisting the Minister to whom the administration of the Public Works Act 1902 is committed in the administration of that Act in constructing, repairing, adding to or working on any jetty.
[Regulation 35 amended: Gazette 24 Apr 1998 p. 2162; SL 2024/191 r. 12.]
36. Penalties
A person who by act or omission contravenes the provisions of any regulation in this Part commits an offence and is liable on conviction to a fine not exceeding $500.
[Regulation 36 amended: Gazette 17 Sep 1976 p. 3463; 28 Aug 1992 p. 4242; 17 Nov 2009 p. 4630.]
Part IV — Berthing and mooring
37. Application of this Part
Subject to the context, the regulations in this Part apply in relation to all vessels referred to in any of the Acts in any port, harbour, or navigable waters.
38. Vessels to be moored, berthed or removed as directed
(1) If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must moor or berth the vessel in a place and in a manner as directed.
(2) If directed to do so by an officer of the Department, the owner, master or person in charge of a vessel must remove the vessel or its mooring, or both, in accordance with the direction.
(3) If the owner, master or person in charge of a vessel fails to remove a vessel or its mooring as required by subregulation (2) —
(a) an officer may move or cause to be moved the vessel or mooring or both; and
(b) the cost of moving the vessel or its mooring or both is recoverable from the owner, master or person in charge of the vessel in a court of competent jurisdiction as a debt due to the State.
(4) Subregulation 3(b) does not limit regulation 40.
(5) An officer of the Department may, without the knowledge or consent of the owner, master or person in charge of a vessel, move or cause to be moved the vessel or its mooring or both if the officer considers that it is necessary to do so.
[Regulation 38 inserted: SL 2024/191 r. 13.]
39. Vessels and moorings not to be interfered with
No person shall, without the consent of the Department, or of the owner of a vessel, move, let go or otherwise interfere with a vessel or its moorings.
[Regulation 39 amended: SL 2024/191 r. 41.]
40. Penalties
A person who by act or omission contravenes the provisions of any regulation in this Part commits an offence and is liable on conviction to a fine not exceeding $5 000.
[Regulation 40 amended: Gazette 17 Sep 1976 p. 3463; 28 Aug 1992 p. 4242; 20 Jun 2000 p. 3038; 14 May 2004 p. 1447; 17 Nov 2009 p. 4630; SL 2025/215 r. 5.]
Part 5 — Obstructions
Division 1 — Preliminary
40A. Terms used
In this Part —
CEO means the chief executive officer;
departmental consent means the written consent of the CEO, and includes an authority or approval of the CEO given by an order or notice published in accordance with the Interpretation Act 1984 section 41(1)(a);
former vessel means a thing that was, but is no longer, a vessel;
obstruction has the meaning given in regulation 40C(2);
obstruction notice has the meaning given in regulation 40L(1);
person responsible, for a vessel or other thing, has the meaning given in regulation 45(1);
reasonable costs and expenses, for an obstruction, means the costs and expenses incurred by the Department, as determined by the CEO, relating to the removal, storage, management, destruction, sale or disposal of the obstruction under this Part, including the following —
(a) the costs of work carried out in relation to the obstruction;
(b) legal or other professional fees and disbursements in relation to the obstruction;
registered owner has the meaning given in section 107 of the Marine Act;
remedy notice has the meaning given in regulation 40F(1).
[Regulation 40A inserted: SL 2025/215 r. 6.]
40B. Application of Part
(1) This Part prevails over Part IV to the extent of any inconsistency.
(2) This Part applies to, and in relation to, any thing that is —
(a) in, on or over State waters; or
(b) on land immediately adjacent to State waters.
[Regulation 40B inserted: SL 2025/215 r. 6.]
40C. Meaning of obstruction
marine legislation means any of the following —
(a) the Marine Act;
(b) these regulations;
(c) the Jetties Act 1926 and regulations made under that Act;
(d) the Marine and Harbours Act 1981 and regulations made under that Act;
(e) the Shipping and Pilotage Act 1967 and regulations made under that Act.
(2) A vessel or other thing is an obstruction if it —
(a) is, or is likely to become, a hazard to safety or the environment; or
(b) is moored, berthed or otherwise placed in contravention of the marine legislation; or
(c) uses a pen, berth or mooring in contravention of a requirement to pay a berthing due or other charge for the use of the pen, berth or mooring, as specified in a notice given under the marine legislation; or
(d) otherwise obstructs, or is likely to obstruct, the safe or lawful use of State waters or a thing in, on or over State waters (such as a jetty, mooring or berth).
(3) Without limiting subregulation (2), an obstruction includes the following —
(a) any part of the obstruction;
(b) any other thing contained within the obstruction;
(c) an obstruction used for residential purposes.
[Regulation 40C inserted: SL 2025/215 r. 6.]
Division 2 — Offences
40D. Offences relating to obstructions
channel means an area of State waters that, whether or not indicated by navigation marks, provides a passage for vessels;
fairway means the part of an area of State waters ordinarily used by vessels for navigation through the area.
(2) A person must not cause or allow a vessel or any other thing to be —
(a) an obstruction referred to in regulation 40C(2)(b) or (c); or
(b) any other obstruction.
Penalty for this subregulation: a fine of $15 000.
(3) A person must not place any of the following in a channel, fairway or passage —
(a) a crab drop net or fishing net;
(b) a marker buoy or other buoyed object.
Penalty for this subregulation: a fine of $1 000.
(4) It is a defence to a charge of an offence under this regulation to prove that the person charged was acting in accordance with a departmental consent in effect when the alleged offence was committed.
[Regulation 40D inserted: SL 2025/215 r. 6.]
40E. Offences relating to accessing or interfering with obstructions
identified obstruction means —
(a) a thing identified as an obstruction by an inspector under regulation 40G; or
(b) an obstruction in relation to which a remedy notice or obstruction notice has been given or made publicly available;
interfere with includes damage, remove a part from or otherwise deface or destroy;
relevant person means the following —
(a) an authorised person or inspector;
(b) in relation to an obstruction —
(i) the owner of the obstruction; or
(ii) a person acting on behalf of the owner of the obstruction.
(2) A person, other than a relevant person, must not climb on or otherwise access an identified obstruction.
Penalty for this subregulation: a fine of $1 000.
(3) A person, other than a relevant person, must not interfere with an identified obstruction.
Penalty for this subregulation: a fine of $10 000.
(4) A relevant person, other than an authorised person or an inspector, must not access or interfere with an identified obstruction otherwise than in accordance with a remedy notice in relation to the obstruction.
Penalty for this subregulation: a fine of $10 000.
(5) It is a defence to an offence under this regulation to prove that the person charged was acting in accordance with a departmental consent in effect when the alleged offence was committed.
[Regulation 40E inserted: SL 2025/215 r. 6.]
40F. Notice to avoid or remedy contravention
(1) The CEO may give a written notice (a remedy notice) to a person if the CEO suspects on reasonable grounds that the person is committing, or is likely to commit, an offence under regulation 40D.
(2) The remedy notice must include the following information —
(a) the steps that the person is required to take or the things that the person is required to stop doing to rectify the contravention;
(b) the period for complying with the notice;
(c) that failure to comply with the notice is an offence with a daily penalty;
(d) that, if the person fails to comply with the notice, the CEO may remove the obstruction in accordance with Division 4;
(e) that, if the CEO removes the obstruction, the reasonable costs and expenses for the obstruction will be —
(i) a debt due to the State; and
(ii) a first charge in priority to all other claims on the obstruction.
(3) The remedy notice may, by further notice given to the person, be varied or revoked.
(4) A remedy notice may be given to more than 1 person in relation to the same contravention.
(5) A remedy notice continues to have effect until the notice is complied with or revoked even though the period for complying with the notice has ended.
(6) A person who fails to comply with a remedy notice given to the person commits an offence.
Penalty for this subregulation:
(a) a fine of $5 000;
(b) a daily penalty of $200 for each day or part of a day during which the offence continues.
[Regulation 40F inserted: SL 2025/215 r. 6.]
Division 3 — Investigation of obstructions
40G. Inspectors may identify suspected obstructions
An inspector may fix a label to a thing, including a vessel or a former vessel, to identify it as an obstruction if the inspector reasonably suspects that it is an obstruction.
[Regulation 40G inserted: SL 2025/215 r. 6.]
40H. Access to obstructions
(1) An inspector may enter premises to gain access to an obstruction for the purposes of exercising the powers of the inspector in relation to the obstruction if —
(a) for any part of the premises used only for residential purposes — the inspector enters that part of the premises —
(i) with the consent of the occupier of the premises; or
(ii) under a warrant;
and
(b) in exercising the powers, the inspector ensures, as far as reasonably practicable, that any damage to the premises is minimised.
(2) Part 2 Division 4 Subdivision 1 of the Marine Act applies to, and in relation to, a consent to enter premises under this regulation.
(3) This regulation does not apply to, or in relation to, an obstruction that is a vessel.
Note for this subregulation:
Powers relating to vessels, including boarding vessels, are set out in Part 2 Division 2 Subdivision 1 of the Marine Act.
[Regulation 40H inserted: SL 2025/215 r. 6.]
Division 4 — Removal of obstructions
40I. Terms used
In this Division —
relevant owner, of a vessel, means —
(a) if the vessel was, but is no longer, registered — the last registered owner of the vessel; or
(b) if the vessel is registered — the registered owner of the vessel; or
(c) otherwise — the owner of the vessel.
Note for this definition:
For the definition of owner, in relation to a vessel, other than a registered vessel — see the Marine Act section 3(1).
[Regulation 40I inserted: SL 2025/215 r. 6.]
40J. Removal of obstructions that are not vessels
(1) The CEO may remove a thing that, in the opinion of the CEO —
(a) is an obstruction; and
(b) is not a vessel or is a former vessel.
(2) If the CEO is satisfied that the obstruction has some appreciable value, the CEO must —
(a) take reasonable steps to establish the identity of the owner of the obstruction; and
(b) if the identity of the owner is established — give an obstruction notice to the owner —
(i) if reasonably practicable, before the obstruction is removed; or
(ii) otherwise — at any other time the CEO considers appropriate.
(3) The CEO may make the obstruction notice publicly available.
[Regulation 40J inserted: SL 2025/215 r. 6.]
40K. Removal of obstructions that are vessels
(1) The CEO must, after forming an opinion that a vessel is an obstruction —
(a) take reasonable steps to establish the identity of the relevant owner of the vessel; and
(b) if the identity of the relevant owner is established — give an obstruction notice to the relevant owner; and
(c) if the identity of the relevant owner is not established — make the obstruction notice publicly available for at least 7 days.
(2) The CEO may remove the vessel 7 days after the obstruction notice is given to the relevant owner of the vessel.
(3) For the purposes of section 124C(2)(b) of the Marine Act, an obstruction notice given under subregulation (1)(c), is taken to have been given to the relevant owner of the vessel on the day the notice is made publicly available.
(4) Despite subregulation (2), the CEO may remove the vessel at any time if —
(a) the CEO is satisfied that the vessel is an immediate danger to safety or the environment; and
(b) an obstruction notice is given to the relevant owner of the vessel.
[Regulation 40K inserted: SL 2025/215 r. 6.]
40L. Obstruction notices
(1) An obstruction notice must include the following information —
(a) a description of the vessel or other thing;
(b) an outline of the facts and any other circumstances forming the basis of the CEO’s opinion that the vessel or other thing is an obstruction;
(c) the date and method of the removal or proposed removal of the obstruction;
(d) if the obstruction has been removed —
(i) the place to which the obstruction was moved; and
(ii) that the obstruction may be returned to the owner if the CEO is paid the reasonable costs and expenses for the obstruction, if any, before the date specified;
(e) that the CEO may deal with the obstruction in accordance with this Part;
(f) that the reasonable costs and expenses for the obstruction are —
(i) a debt due to the State; and
(ii) a first charge in priority to all other claims on the obstruction.
(2) An obstruction notice may also be given to any person responsible for the vessel or other thing.
(3) An obstruction notice given to an owner of an obstruction (other than a registered vessel) is taken to have been given to each owner of the obstruction whether or not —
(a) there is a change in the ownership of the obstruction after the notice is given; or
(b) the obstruction is owned by more than 1 person.
[Regulation 40L inserted: SL 2025/215 r. 6.]
Division 5 — CEO may deal with obstructions
41. Application of Division
(1) This Division applies to an obstruction if —
(a) the CEO may remove the obstruction under regulation 40J(1) or 40K(2) or (4); or
(b) the CEO has removed the obstruction in accordance with this Part.
(2) This Division extends to a vessel or other thing that —
(a) immediately before the commencement of this regulation, was in the possession of the CEO; and
(b) would have been an obstruction if this Part had commenced immediately before the vessel or other thing came into the possession of the CEO.
[Regulation 41 inserted: SL 2025/215 r. 6.]
42. CEO may deal with obstructions for purposes of removal
For the purposes of, or after, the removal of an obstruction, the CEO may deal with the obstruction as follows —
(a) sell or otherwise dispose of the obstruction;
(b) store the obstruction;
(c) repair or treat the obstruction;
(d) destroy the obstruction, but only if the CEO considers that the destruction is reasonable in the circumstances.
[Regulation 42 inserted: SL 2025/215 r. 6.]
43. Selling or gifting obstructions
(1) If an obstruction is sold or gifted in good faith to a person who takes possession of the obstruction in good faith, the person receives good title to the obstruction against every other person.
(2) The proceeds of the sale of an obstruction must be applied towards reducing the reasonable costs and expenses for the obstruction.
(3) If the proceeds of the sale of an obstruction exceed the reasonable costs and expenses for the obstruction, the balance remaining after the reasonable costs and expenses are deducted must be —
(a) if the identity of the owner is established within 7 days of the sale — paid to the owner of the obstruction; or
(b) otherwise — credited to the Consolidated Account.
[Regulation 43 inserted: SL 2025/215 r. 6.]
44. Obstruction may be returned to owner after removal
(1) The CEO may, after an obstruction is removed, return the obstruction to a person who —
(a) establishes, to the satisfaction of the CEO, that they are the owner of the obstruction; and
(b) pays to the CEO the reasonable costs and expenses for the obstruction, if any.
(2) The CEO may decide to waive or reduce the amount payable for the reasonable costs and expenses for the obstruction if the CEO considers it appropriate in the circumstances.
(3) The CEO may determine the time at which, and the way in which, the obstruction must be returned to the person.
[Regulation 44 inserted: SL 2025/215 r. 6.]
45. Recovery of reasonable costs and expenses
person responsible, for a vessel or other thing, means any 1 or more of the following —
(a) for a registrable vessel that has been registered —
(i) the registered owner of the vessel;
(ii) if the vessel is no longer registered — the last registered owner of the vessel;
(iii) the owner of the vessel;
(iv) the last master of the vessel;
(b) for another kind of vessel —
(i) the owner of the vessel;
(ii) the last master of the vessel;
(c) for a former vessel —
(i) the owner of the former vessel;
(ii) the last registered owner of the former vessel;
(iii) the last master of the former vessel;
(d) for a thing that is not a vessel — the owner or last owner of the thing;
(e) any person who has, or last had, responsibility for the vessel or other thing.
(2) The reasonable costs and expenses for an obstruction are —
(a) a debt due to the State by the person responsible for the vessel or other thing that is, or was, the obstruction; and
(b) recoverable by the State from the person responsible in a court of competent jurisdiction; and
(c) a first charge in priority to all other claims on the vessel or other thing that is, or was, the obstruction.
(3) In accordance with the Personal Property Securities Act 2009 (Cth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subregulation (2)(c).
[Regulation 45 inserted: SL 2025/215 r. 6.]
Part 5A — Registration of registrable vessels
[Heading inserted: SL 2024/191 r. 16.]
45A. Terms used
(2) In this Part —
ABP standard has the meaning given to the term in regulation 8 of the Fair Trading (Product Information Standard) Regulations 2005;
hull identification number, in relation to a vessel, means a number —
(a) approved by the chief executive officer; and
(b) affixed to the hull of the vessel —
(i) by a person approved by the chief executive officer or accredited to do so under regulation 45AA or 45AB; and
(ii) in a form and manner approved by the chief executive officer;
owner in relation to a registered vessel, means the person stated to be the owner in the application for registration or transfer thereof, of the vessel, last received by the Department;
registered interstate pleasure vessel means a registrable vessel which is currently registered in any State or Territory under a system of registration equivalent to that under this Part;
registered vessel means a vessel for the time being registered under this Part;
[(3) deleted]
[Regulation 45A inserted: Gazette 16 Dec 1971 p. 5230‑1; amended: Gazette 14 Feb 1975 p. 572; 17 Sep 1976 p. 3464; 22 Sep 1978 p. 3504; 1 Jul 1983 p. 2263; 12 Oct 1984 p. 3273; 21 Feb 1986 p. 566; 1 Dec 2000 p. 6763‑4; 14 Jun 2002 p. 2324; 1 Sep 2006 p. 3597; SL 2022/137 r. 4; SL 2023/135 r. 9; SL 2024/191 r. 17 and 41.]
45AA. Accreditation of persons as hull identification number providers
(1) The chief executive officer may accredit a person as a hull identification number provider.
(2) A hull identification number provider accredited under subregulation (1) is accredited to —
(a) affix hull identification numbers to vessels; and
(b) examine vessels for the purpose of verifying that they have hull identification numbers; and
(c) issue certificates verifying the hull identification numbers of vessels.
(3) The fee for accreditation of a person as a hull identification number provider is $440.90.
[Regulation 45AA inserted: SL 2022/137 r. 5; amended: SL 2023/45 r. 8; SL 2024/57 r. 8; SL 2025/64 r. 10.]
45AB. Accreditation of persons as hull identification number examiners
(1) The chief executive officer may accredit as a hull identification number examiner a person who is employed by, or otherwise works for or on behalf of, a person accredited as a hull identification number provider under regulation 45AA(1).
(2) A hull identification number examiner accredited under subregulation (1) is accredited to do the following in the course of their employment with, or otherwise for or on behalf of, the relevant hull identification number provider —
(a) affix hull identification numbers to vessels;
(b) examine vessels for the purpose of verifying that they have hull identification numbers;
(c) issue certificates verifying the hull identification numbers of vessels.
(3) The fee for accreditation of a person as a hull identification number examiner is $122.30.
[Regulation 45AB inserted: SL 2022/137 r. 5; amended: SL 2023/45 r. 9; SL 2024/57 r. 8; SL 2025/64 r. 10.]
45AC. Provisions relating to accreditation of hull identification number providers and examiners
(1) The chief executive officer may impose conditions on an accreditation under regulation 45AA(1) or 45AB(1) and may revoke or vary those conditions.
(2) The chief executive officer may extend the accreditation of a person under regulation 45AA(1) or 45AB(1) by notice given to the person.
(3) The chief executive officer may revoke the accreditation of a person under regulation 45AA(1) or 45AB(1) if the chief executive officer is satisfied that —
(a) the person has not complied with a condition of the accreditation; or
(b) the accreditation is no longer appropriate.
(4) Subject to subregulation (3), an accreditation under regulation 45AA(1) or 45AB(1) has effect for the period specified in the accreditation or, if the accreditation is extended under subregulation (2), in the notice of extension.
[Regulation 45AC inserted: SL 2022/137 r. 5.]
45AD. Transitional provisions regarding accreditation of hull identification number providers and examiners
commencement day means the day on which the Navigable Waters Amendment Regulations 2022 regulation 5 comes into operation;
former Regulations means the Navigable Waters Regulations 1958 as in force immediately before commencement day.
(2) On and from commencement day —
(a) a person who is approved by the chief executive officer under paragraph (b) of the definition of hull identification number in regulation 45A(2) of the former Regulations, and described as a provider in relation to hull identification numbers, is taken to be accredited as a hull identification number provider under regulation 45AA(1); and
(b) a person who is approved by the chief executive officer under paragraph (b) of the definition of hull identification number in regulation 45A(2) of the former Regulations, and described as an examiner in relation to hull identification numbers, is taken to be accredited as a hull identification number examiner under regulation 45AB(1); and
(c) a certificate issued before commencement day by a person to whom paragraph (a) or (b) applies for the purpose of verifying the hull identification number of a vessel is taken to be a certificate issued by a person accredited to do so under regulation 45AA or 45AB verifying the hull identification number of the vessel.
(3) A person taken to be accredited under subregulation (2)(a) or (b) is taken to be accredited for the period specified in the approval referred to in that paragraph, subject to any extension or revocation of the accreditation under regulation 45AC(2) or (3).
[Regulation 45AD inserted: SL 2022/137 r. 5.]
45B. Registration of vessels
(1) Subject to subregulations (2) and (2a) and to regulation 45BAA, a person shall not use or have in any navigable waters a registrable vessel unless —
(a) the vessel is registered with the Department in accordance with this Part; and
(b) the current boat registration label for the vessel is fixed to the port side of the vessel, next to the registration number required by subregulation (7), in a manner which makes it clearly visible.
(1a) A person who contravenes subregulation (1) commits an offence.
(2) A person may, within the period of 30 days immediately succeeding the day of expiry of the registration of the vessel, use or have in navigable waters a vessel that is not registered with the Department in accordance with this Part.
(2a) A person may, within the period of 3 months immediately succeeding the day of entry of a registered interstate pleasure vessel into any navigable waters, use or have in navigable waters a registered interstate pleasure vessel that is not registered with the Department in accordance with this regulation.
(3) Every application for the registration of a registrable vessel shall be made to the Department in writing on a form specified by the Minister and shall include —
(a) subject to paragraph (aa) the full name and residential address of the owner of the vessel and the telephone number of any telephone installed at that address for the owner; and
(aa) where the owner of a registered vessel is —
(i) a company, the full name of a natural person nominated by the company; or
(ii) a partnership, the full name of each partner,
together with the addresses and telephone numbers at which the natural person or partners, as the case may be, may be contacted both during normal business hours and outside of those hours; and
(ab) the hull identification number of the vessel; and
(ac) the engine number of any motor fitted to the vessel; and
(ad) whether or not an Australian Builders Plate is attached to the vessel in accordance with the ABP standard; and
(b) the overall length of the vessel expressed in metres expressed to 2 decimal places; and
(c) the type of construction of the vessel and its colour; and
(d) the power in kilowatts and name of the manufacturer of the engine fitted to the vessel or carried as an auxiliary in the vessel and a statement as to whether the engine is of the inboard or outboard type.
(3a) An application under subregulation (3) is to be accompanied by —
(aa) a certificate issued by a person accredited to do so under regulation 45AA or 45AB verifying the hull identification number of the vessel; and
(a) such proof of the particulars referred to in subregulation (3) as the Department may require; and
(b) the appropriate fee ascertained in accordance with the following Table —
Table of fees
| Length of vessel | Fee ($) |
| (i) less than 5 m | 162.55 |
| (ii) 5 m or more but less than 10 m | 345.15 |
| (iii) 10 m or more but less than 20 m | 692.35 |
| (iv) 20 m or more | 1 012.55 |
(4) Where an application for registration is made for a vessel —
(a) not previously registered under these regulations; or
(b) for which the registration last issued under these regulations expired more than 30 days prior to the date of the application,
the application shall be accompanied by the appropriate fee prescribed in subregulation (3a)(b) and a recording fee of $35.85.
(5) A vessel owned and operated solely for sea search and rescue operations by a properly constituted volunteer organization is exempted from fees prescribed in this regulation.
(5a) On an application under this regulation the Department is to register a vessel if and only if it is satisfied that —
(a) the vessel has a hull identification number; and
(b) the particulars provided in the application are true and correct; and
(c) if the vessel has not been registered in Western Australia before and the vessel —
(i) is a vessel to which regulation 9 of the Fair Trading (Product Information Standard) Regulations 2005 applies; or
(ii) is a vessel to which regulation 9 of the Fair Trading (Product Information Standard) Regulations 2005 does not apply solely because of regulation 9(2)(a) of those regulations and in respect of which a certificate of survey has not been issued,
the vessel has an Australian Builders Plate attached in accordance with the ABP standard.
(5b) The requirement to have an Australian Builders Plate under subregulation (5a)(c) does not apply to a vessel imported from a State or Territory if —
(a) the vessel has an Australian Builders Plate or an equivalent plate that complies with a requirement of the State or Territory that corresponds to the requirement to have an Australian Builders Plate under subregulation (5a)(c); or
(b) the vessel is exempt from that corresponding requirement by or under a law of the State or Territory; or
(c) the State or Territory does not have a requirement that corresponds to the requirement to have an Australian Builders Plate under subregulation (5a)(c) and the vessel is imported within 18 months after the day on which the Navigable Waters Amendment Regulations (No. 2) 2006 came into operation.
(5c) The chief executive officer may, on application, exempt a particular vessel from the requirement to have an Australian Builders Plate under subregulation (5a)(c) if satisfied that —
(a) the vessel complies with some other appropriate safety standard and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate; or
(b) the vessel is of a type for which appropriate safety standards do not exist and for which other safety standards cannot reasonably be adapted and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate; or
(c) the vessel is of a type that closely resembles a vessel
of a type that is not covered by regulation 9 of the
Fair Trading (Product Information Standard) Regulations 2005 because of regulation 9(2) of those regulations and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate; or
(d) the vessel is to be used for only a short period of time, its use is unlikely to endanger the lives of its occupants or occupants of other vessels and, in the circumstances of the case, it would be unreasonable for the vessel to be required to have an Australian Builders Plate.
(6) When the Department registers a vessel under this Part, other than under regulation 45BAA, the Department shall —
(a) if the vessel has not previously been registered, allot a registration number for the vessel; and
(b) in every case, issue to the owner for whom the application was made a certificate of registration for the vessel and a boat registration label.
(6A) An owner of a registered vessel, or a person authorised in writing by an owner, may be issued with a replacement certificate of registration on payment of a fee of $14.70.
(7) A person shall not use or have in any navigable waters a registrable vessel, other than a foreign pleasure vessel as defined in regulation 45BAA(1), unless —
(a) where the vessel is not a vessel to which paragraph (b) or (c) applies, the registration number allotted to the vessel is legibly marked on each side of the vessel in accordance with the following provisions —
(i) the number shall not be positioned under a flared bow of the vessel and shall at all times be easily visible, whether or not the vessel is underway; and
(ii) where a vessel has the number marked on the hull the digits of the number shall be positioned so that the highest part of each digit commences at a point that is not lower than 75 mm below the gunwale of the vessel; and
(iii) each digit of the number shall be not less than 150 mm in height, and not less than 25 mm in width; and
(iv) where the background, of each digit is not white, each digit of the number shall have a white surround not less than 7 mm in width; and
(v) each digit of the number shall be of plain block design and not script and be vertical and not slanting;
and
(b) where the vessel is a yacht which is or may be propelled by mechanical power, the registration number allotted to the vessel is legibly marked on each side of the hull of the vessel in accordance with the following provisions —
(i) the number shall be positioned immediately forward of the transom so as to be easily visible; and
(ii) the digits of the number shall be positioned so that the highest part of each digit commences at a point that is not lower than 75 mm below the gunwale of the vessel; and
(iii) each digit of the number shall be black and shall be not less than 50 mm in height and 12 mm in width; and
(iv) where the background of each digit is not white, each digit of the number shall have a white surround not less than 7 mm in width; and
(v) each digit of the number shall be of plain block design and not script and be vertical and not slanting;
and
(c) where the vessel is a personal watercraft, the registration number allotted to the vessel is legibly marked on each side of the vessel in accordance with the following provisions —
(i) the number shall be positioned so as to be easily visible;
(ii) each digit of the number shall be not less than 100 mm in height, and not less than 25 mm in width;
(iii) where the background of each digit is not white, each digit of the number shall have a white surround not less than 7 mm in width;
(iv) each digit of the number shall be of plain block design and not script and be vertical and not slanting.
(7a) A person who contravenes subregulation (7) commits an offence.
(8) Every registrable vessel, other than a foreign pleasure vessel as defined in regulation 45BAA(1), proceeding to sea on voyages north of Geraldton, shall have painted in black letters and figures at least 0.61 m in height and 0.1 m in width upon a yellow background, the registration number allotted to the vessel under this Part, prefixed by the letter “W” in the same dimensions, either —
(a) upon the top of the wheelhouse; or
(b) upon a canvas sheet carried upon the vessel and displayed when required for identification of the vessel.
(8a) A person who contravenes subregulation (8) commits an offence.
[Regulation 45B inserted: Gazette 12 Oct 1984 p. 3273‑5; amended: Gazette 2 Nov 1984 p. 3523; 30 Aug 1985 p. 3079; 21 Feb 1986 p. 566; 16 May 1986 p. 1661; 16 Apr 1987 p. 1370; 12 Aug 1988 p. 2715; 13 Jan 1989 p. 75; 30 Jun 1989 p. 1926; 1 Aug 1990 p. 3646; 26 Jul 1991 p. 3924; 10 Apr 1992 p. 1597; 30 Jun 1992 p. 2900; 28 Aug 1992 p. 4240; 29 Jun 1993 p. 3187; 14 Jun 1994 p. 2482; 30 Jun 1995 p. 2706; 25 Jun 1996 p. 2992; 27 Jun 1997 p. 3150; 12 May 1998 p. 2796; 20 Jun 2000 p. 3039; 1 Dec 2000 p. 6764‑5; 27 Jul 2001 p. 3800; 14 Jun 2002 p. 2324‑5; 27 Jun 2003 p. 2536; 25 Jun 2004 p. 2264; 24 Jun 2005 p. 2778; 23 Jun 2006 p. 2207; 1 Sep 2006 p. 3597‑9; 12 Jun 2007 p. 2727; 24 Jun 2008 p. 2894; 9 Jan 2009 p. 37; 12 Jun 2009 p. 2130; 27 Aug 2010 p. 4115; 21 Jun 2011 p. 2241; 4 Nov 2011 p. 4634; 15 Jun 2012 p. 2525; 14 Jun 2013 p. 2237‑8; 16 May 2014 p. 1542; 29 May 2015 p. 1881; 27 May 2016 p. 1551; 26 May 2017 p. 2640‑1; 25 May 2018 p. 1641; 17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56 r. 6; SL 2022/137 r. 6; SL 2023/45 r. 10; SL 2023/135 r. 10; SL 2024/57 r. 8; SL 2024/191 r. 41; SL 2025/64 r. 10.]
45BAA. Registration of foreign pleasure vessels
foreign pleasure vessel means a registrable vessel which is owned by a person who is not a permanent resident of the State and which is temporarily within navigable waters but does not include a registered interstate pleasure vessel;
proposed departure date in relation to a foreign pleasure vessel means the date notified to the Department pursuant to subregulation (4)(g) in respect of that vessel.
(2) Subject to subregulation (3), a person shall not use or have in any navigable waters a foreign pleasure vessel unless the vessel is registered with the Department in accordance with this regulation.
(2a) A person who contravenes subregulation (2) commits an offence.
(3) A person may, within the period of 30 days immediately succeeding the day of entry of the foreign pleasure vessel into any navigable waters, use or have in navigable waters a foreign pleasure vessel that is not registered with the Department in accordance with this regulation.
(4) Every application for the registration of a foreign pleasure vessel shall be made to the Department in writing on a form specified by the Minister and shall include particulars of —
(a) the full name and residential address of the owner of the vessel and the telephone number of any telephone installed at that address for the owner; and
(b) the full name and residential address of the master of the vessel; and
(c) the overall length of the vessel expressed in metres expressed to 2 decimal places; and
(d) the type of construction of the vessel and its colour; and
(e) the power in kilowatts and name of the manufacturer of the engine fitted to the vessel or carried as an auxiliary in the vessel and a statement as to whether the engine is of the inboard or outboard type; and
(f) the date of entry of the vessel into navigable waters; and
(g) the proposed date of departure of the vessel from navigable waters.
(4A) An application for the registration of a foreign pleasure vessel must be accompanied by a recording fee of $35.85 and the appropriate fee ascertained in accordance with the following Table for each 3 month period or part of a 3 month period for which it is proposed the vessel will be in navigable waters —
Table
| Length of vessel | Fee ($) |
| (i) less than 5 m | 4.75 |
| (ii) 5 m or more but less than 10 m | 8.85 |
| (iii) 10 m or more but less than 20 m | 11.55 |
| (iv) 20 m or more but less than 30 m | 23.10 |
| (v) 30 m or more but less than 40 m | 46.05 |
| (vi) 40 m or more | 92.30 |
(5) When the Department registers a foreign pleasure vessel under this regulation the Department shall, if the vessel has not previously been registered under this regulation, allot a registration number for the vessel and issue to the owner for whom the application was made —
(a) a boat registration label; and
(b) a certificate of registration for the vessel, which certificate shall indicate the date of expiry of the registration of the vessel.
(6) A person shall not use or have in any navigable waters a foreign pleasure vessel unless —
(a) the current boat registration label for the vessel is fixed to the port side of the vessel in a manner and position which makes it clearly visible; and
(b) the certificate of registration referred to in subregulation (5) is carried upon the vessel.
(6a) A person who contravenes subregulation (6) commits an offence.
(7) Where an application for registration as a foreign pleasure vessel is duly made under this regulation and is accompanied by the prescribed fees the Department shall issue a certificate of registration for a period commencing on the date shown on the receipt imprinted on the certificate and expiring on the proposed departure date.
(8) Where a foreign pleasure vessel previously registered under this regulation does not leave navigable waters on the proposed departure date and application for registration of the vessel under this regulation is duly made under subregulation (4) and is accompanied by the prescribed fee before that registration expires or within 30 days immediately succeeding the day on which that registration expires the Department shall register the vessel for a period expiring on the proposed departure date shown in that application and the registration shall be deemed to be a continuation of the previous registration and to have effect on and from the day next succeeding the day on which that registration expires.
[Regulation 45BAA inserted: Gazette 21 Feb 1986 p. 566‑7; amended: Gazette 2 Mar 1990 p. 1328; 1 Aug 1990 p. 3647; 10 Apr 1992 p. 1597; 30 Jun 1992 p. 2900; 29 Jun 1993 p. 3188; 14 Jun 1994 p. 2482; 27 Jun 1997 p. 3151; 12 May 1998 p. 2796; 1 Dec 2000 p. 6765; 27 Jul 2001 p. 3800; 14 Jun 2002 p. 2325; 27 Jun 2003 p. 2536; 25 Jun 2004 p. 2264; 24 Jun 2005 p. 2778; 23 Jun 2006 p. 2207; 12 Jun 2007 p. 2727; 24 Jun 2008 p. 2895; 12 Jun 2009 p. 2130; 27 Aug 2010 p. 4115; 21 Jun 2011 p. 2241; 27 May 2016 p. 1550; 25 May 2018 p. 1641; 17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56 r. 6; SL 2023/45 r. 11; SL 2024/57 r. 8; SL 2024/191 r. 41; SL 2025/64 r. 10.]
45BAB. Chief executive officer may issue registration stickers
(1) The chief executive officer may issue to the owner of a registered vessel, or to a person authorised in writing by the owner, an adhesive sticker that displays the registration number allotted to the vessel.
(2) The fee for issuing a sticker under subregulation (1) is $2.05.
[Regulation 45BAB inserted: SL 2022/137 r. 7; amended: SL 2023/45 r. 12; SL 2024/57 r. 8; SL 2025/64 r. 10.]
45BA. Dealers plates
(1) Any person who is carrying on the business of —
(a) manufacturing vessels; or
(b) buying or selling new vessels; or
(c) buying or selling used vessels; or
(d) repairing vessels; or
(e) buying or selling trade articles used on vessels,
may apply in writing to the Department for the issue to him of one or more sets of dealers plates.
(2) An application under subregulation (1) shall be made in writing in a form approved by the Department and be accompanied by a fee of —
(a) $427.60 for the issue of the first set of plates; and
(b) $178.70 for the issue of each additional set of plates.
(3) A person to whom a set of dealers plates is issued by the Department pursuant to an application made in accordance with subregulation (2) is entitled, subject to subregulation (5) to use those dealers plates in accordance with the provisions of this regulation for a period of 12 months from the date of issue to him of the dealers plates and thereafter the person may so use the dealers plates for successive periods of 12 months if renewal fees of $324.00 for the first set of plates and 10% of that fee for each additional set of plates are paid to the Department prior to the commencement of each such successive period of 12 months.
(4) A person shall not use a vessel, or cause or permit a vessel to be used, while dealers plates are affixed on the vessel unless —
(a) the vessel is being used by or with the consent of the person to whom the dealers plates have been issued; and
(b) the vessel is being used for purposes connected with the manufacture, alteration, repair, testing, sale or demonstration for a commercial purpose of the vessel or of a trade article used on the vessel; and
(c) the plates are securely affixed to the vessel and are visible at a distance of 50 m while the vessel is underway,
and no payment or valuable consideration of any kind shall be made, given or demanded for the use of a vessel while dealers plates are affixed on the vessel.
(4a) A person who contravenes subregulation (4) commits an offence.
(5)(a) The Department may by notice served on a person to whom dealers plates have been issued, require him to immediately or within 7 days deliver up the plates to the Department.
(b) A person served with a notice pursuant to paragraph (a) commits an offence if the person uses the plates after service of that notice.
(6) Where any dealers plate or set of dealers plates issued under this regulation is lost the person to whom it was issued commits an offence if the person does not, as soon as practicable, notify the Department of that fact.
(6a) The Department may issue a further dealers plate or set of dealers plates in replacement for that lost —
(a) on being notified under subregulation (6); and
(b) on the payment of a fee of $178.70.
(7) The provisions of regulation 45B(1) do not apply to the use of a vessel to which dealers plates are affixed in the manner prescribed by this regulation on any occasion when the use of the vessel with dealers plates so affixed is authorised by the provisions of this regulation.
[Regulation 45BA inserted: Gazette 14 Mar 1975 p. 899; amended: Gazette 20 Jun 1980 p. 1831; 5 Aug 1983 p. 2837; 12 Oct 1984 p. 3275; 16 Oct 1987 p. 3893; 12 Aug 1988 p. 2715; 30 Jun 1989 p. 1927; 1 Aug 1990 p. 3647; 26 Jul 1991 p. 3925; 30 Jun 1992 p. 2901; 29 Jun 1993 p. 3188; 14 Jun 1994 p. 2482‑3; 27 Jun 1997 p. 3151; 12 May 1998 p. 2796; 20 Jun 2000 p. 3039; 1 Dec 2000 p. 6765‑6; 27 Jul 2001 p. 3800; 27 Jun 2003 p. 2537; 25 Jun 2004 p. 2265; 24 Jun 2005 p. 2779; 23 Jun 2006 p. 2208; 12 Jun 2007 p. 2727; 1 Jul 2008 p. 3154; 12 Jun 2009 p. 2130; 21 Jun 2011 p. 2241; 15 Jun 2012 p. 2526; 14 Jun 2013 p. 2238; 16 May 2014 p. 1542‑3;29 May 2015 p. 1882; 27 May 2016 p. 1551; 25 May 2018 p. 1641; 17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56 r. 6; SL 2023/45 r. 13; SL 2023/135 r. 11; SL 2024/57 r. 8; SL 2024/191 r. 41; SL 2025/64 r. 10.]
45C. Duration of registration etc.
(1) Subject to subregulation (2), where an application for registration is duly made under regulation 45B and is accompanied by the prescribed fees the Department shall issue a certificate of registration for a period of 12 months, which period shall commence on the date shown on the receipt imprinted on the application.
(2) Where application for registration of a vessel previously registered under this Part is duly made under regulation 45B and is accompanied by the prescribed fee —
(a) within the period of 30 days immediately preceding the day on which the registration expires; or
(b) within the period of 30 days immediately succeeding the day on which the registration expires,
the Department shall register the vessel for a period of 12 months and the registration shall be deemed to be a continuation of the previous registration and to have effect on and from the day next succeeding the day on which that registration expires.
[Regulation 45C inserted: Gazette 12 Oct 1984 p. 3275; amended: SL 2024/191 r. 41.]
45D. Owners to furnish particulars of changes of address etc.
(1) The owner of a registered vessel commits an offence if the owner does not —
(a) produce to an officer of the Department or a member of the police force the certificate of registration of the vessel within the time specified by the officer or member; and
(b) notify the Department in a form approved by the Minister of any change in any of the registered particulars of the vessel or the address of the owner or any of the nominated persons referred to in regulation 45B(3)(aa), within 15 days of any such change occurring.
(2) Where a certificate of registration or a boat registration label issued under this Part in respect of a vessel has been lost, stolen, destroyed, mislaid, defaced, mutilated or rendered illegible, the owner of the vessel commits an offence if the person does not, as soon as practicable, notify the Department of that fact and of the circumstances which gave rise to that fact.
(3) On being notified under subregulation (2), the Department may issue a duplicate certificate of registration or a replacement boat registration label, as the case requires.
[Regulation 45D inserted: Gazette 16 Dec 1971 p. 5232; amended: Gazette 21 Feb 1986 p. 567; 1 Aug 1990 p. 3647; 10 Apr 1992 p. 1597‑8; 30 Jun 1992 p. 2901; 28 Aug 1992 p. 4240; 27 Jun 1997 p. 3151; 12 May 1998 p. 2796; 20 Jun 2000 p. 3039; 1 Dec 2000 p. 6766; SL 2024/191 r. 41.]
45E. Transfers of vessels
(1) Where the owner of a registered vessel sells or otherwise disposes of the vessel, the owner commits an offence if the owner does not —
(a) forthwith furnish to the person to whom the vessel has been sold or disposed of the certificate of registration issued in respect of the vessel; and
(b) within 7 days of the sale or disposal, give notice to the Department in writing of the sale or disposal of the vessel of the consent to the sale or disposal of the vessel of all registered owners of the vessel and the name and address of the person to whom the vessel has been sold or disposed of.
(2) Subject to subregulation (5), a person to whom a registered vessel has been sold or disposed of commits an offence if the person does not, within 15 days of the sale or disposal —
(a) apply to the Department for the transfer of the vessel and include with the application a recording fee of $35.85; and
(b) produce to the Department —
(i) the certificate of registration of the vessel; and
(ii) the consent in writing of all the parties named in the application and such other proof of the sale or disposal of the vessel as the Department may require; and
(iii) the particulars referred to in regulation 45B(3), and such proof of the particulars as the Department may require; and
(iv) a certificate issued by a person accredited to do so under regulation 45AA or 45AB verifying the hull identification number of the vessel.
(2a) On an application under subregulation (2) the Department is to transfer the registration, and return to the person by whom the application was made the certificate of registration, suitably endorsed, if and only if the Department is satisfied that —
(a) the vessel has a hull identification number; and
(b) the particulars provided in the application are true and correct.
(2B) Despite subregulation (2a), the Department must not, without the approval of the CEO, transfer the registration for the vessel if —
(a) the vessel is identified as an obstruction by an inspector under regulation 40G; or
(b) a notice in relation to the vessel is given to a person or made publicly available under Part 5; or
(c) the CEO deals with the vessel under Part 5 Division 5.
(3) The owner of a registered vessel commits an offence if the owner does not notify the Department in writing of the loss of that vessel, however occasioned, within 15 days of the owner learning of that loss.
(4) Subregulation (3) does not apply if the Department has already been notified of the loss of the vessel pursuant to regulation 52H.
(5) A person to whom a vessel registered under regulation 45BAA has been sold or disposed of commits an offence if the person does not, within 15 days of the sale or disposal, produce to the Department the certificate of registration of the vessel and such other proof of the sale or disposal of the vessel as the Department may require.
(6) On receiving the certificate or registration and proof of sale or disposal referred to in subregulation (5), the Department is to —
(a) transfer the registration of the vessel and return to that person the certificate of registration, suitably endorsed; or
(b) where the Department considers the vessel is no longer a foreign pleasure vessel, direct that person to make application for registration of the vessel under regulation 45B.
[Regulation 45E inserted: Gazette 16 Dec 1971 p. 5232; amended: Gazette 12 Jul 1974 p. 2625; 9 Feb 1979 p. 375; 7 Aug 1981 p. 3230; 12 Oct 1984 p. 3275; 2 Nov 1984 p. 3523; 21 Feb 1986 p. 567‑8; 2 Mar 1990 p. 1329; 1 Aug 1990 p. 3647; 10 Apr 1992 p. 1598; 30 Jun 1992 p. 2901; 24 Apr 1998 p. 2162; 1 Dec 2000 p. 6766‑8; 14 Jun 2002 p. 2325; 27 Jun 2003 p. 2537; 30 Nov 2007 p. 5938; 27 Aug 2010 p. 4115; 21 Jun 2011 p. 2242; 15 Jun 2012 p. 2526; 14 Jun 2013 p. 2238; 29 May 2015 p. 1882; 27 May 2016 p. 1551; 26 May 2017 p. 2641; 25 May 2018 p. 1641; 17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56 r. 6; SL 2022/137 r. 8; SL 2023/45 r. 14; SL 2024/57 r. 8; SL 2024/191 r. 41; SL 2025/64 r. 10; SL 2025/215 r. 7.]
45EA. Altering hull identification number prohibited
(1) A person who, without the approval of the chief executive officer, alters, removes or renders illegible the hull identification number of a registered vessel commits an offence.
(2) Subregulation (1) does not apply to a person accredited under regulation 45AA(1) or 45AB(1) acting in accordance with their accreditation.
[Regulation 45EA inserted: Gazette 1 Dec 2000 p. 6768; amended: SL 2022/137 r. 9.]
45EB. Duty of owner to reaffix hull identification number
Where a hull identification number of a registered vessel has, without the approval of the chief executive officer, been altered, removed or rendered illegible (whether accidentally or deliberately), the owner of the vessel commits an offence if the owner does not, as soon as practicable after becoming aware that the number has been altered, removed or rendered illegible, ensure that the number approved by the chief executive officer is reaffixed to the hull of the vessel —
(a) by a person approved by the chief executive officer or accredited to do so under regulation 45AA or 45AB; and
(b) in a form and manner approved by the chief executive officer.
[Regulation 45EB inserted: SL 2022/137 r. 10.]
45F. Penalties
A person who commits an offence under this Part is liable to a fine of $500.
[Regulation 45F inserted: Gazette 1 Dec 2000 p. 6768; amended: Gazette 17 Nov 2009 p. 4630.]
Part 6 — Recreational skipper’s tickets, equipment and safety requirements
[Heading inserted: SL 2024/191 r. 18.]
Division 1 — Preliminary
[Heading inserted: SL 2023/135 r. 12.]
46. Terms used
(2) In this Part —
appropriate lifejacket, for a person, means —
(a) in relation to a registrable vessel that is not a personal watercraft, any of the following, of a size and buoyancy appropriate to the body mass of that person —
(i) a Level 100 lifejacket;
(ii) a Level 150 lifejacket;
(iii) a Level 275 lifejacket;
(iv) a SOLAS lifejacket;
and
(b) in relation to a non‑registrable vessel and a registrable vessel that is a personal watercraft, any of the following, of a size and buoyancy appropriate to the body mass of that person —
(i) a Level 50S lifejacket;
(ii) a Level 50 lifejacket;
(iii) a Level 100 lifejacket;
(iv) a Level 150 lifejacket;
(v) a Level 275 lifejacket;
(vi) a SOLAS lifejacket;
approved electronic visual distress signal means an electronic visual distress signal approved by the Minister, for the purposes of regulation 52B, by notice published in the Gazette;
AS, followed by a designation, means the Australian Standard having that designation published by Standards Australia;
AS/NZS, followed by a designation, means the Australian/New Zealand Standard having that designation jointly published by Standards Australia and the Standards Council of New Zealand;
Australian Communications and Media Authority means the Australian Communications and Media Authority established under the Australian Communications and Media Authority Act 2005 (Commonwealth) section 6;
Emergency Position‑Indicating Radio Beacon means an emergency position‑indicating radio beacon registered with the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 (Commonwealth) section 5 that —
(a) before 1 September 2028, complies with —
(i) AS/NZS 4280.1:2003; or
(ii) AS/NZS 4280.1:2017; or
(iii) AS/NZS 4280.1:2022;
and
(b) on or after 1 September 2028 but before 1 September 2033, is GNSS‑equipped and complies with —
(i) AS/NZS 4280.1:2017; or
(ii) AS/NZS 4280.1:2022;
and
(c) on or after 1 September 2033, is GNSS‑equipped and complies with AS/NZS 4280.1:2022;
GNSS‑equipped, in relation to an Emergency Position‑Indicating Radio Beacon or a personal locator beacon, means capable of —
(a) determining, by means of a global navigation satellite system, the location of the Emergency Position‑Indicating Radio Beacon or personal locator beacon, as the case may be; and
(b) encoding information as to the location within the signal transmitted by the Emergency Position‑Indicating Radio Beacon or personal locator beacon;
ISO, followed by a designation, means the standard having that designation published by the International Organization for Standardization;
Level 50 lifejacket means —
(a) a lifejacket classified as Level 50 by AS 4758; or
(b) a buoyancy aid classified as performance level 50 by ISO 12402;
Level 50S lifejacket means —
(a) a lifejacket classified as Level 50S by AS 4758; or
(b) a special purpose buoyancy aid classified as performance level 50 by ISO 12402;
Level 100 lifejacket means —
(a) a lifejacket classified as Level 100 by AS 4758; or
(b) a lifejacket classified as performance level 100 by ISO 12402;
Level 150 lifejacket means —
(a) a lifejacket classified as Level 150 by AS 4758; or
(b) a lifejacket classified as performance level 150 by ISO 12402;
Level 275 lifejacket means —
(a) a lifejacket classified as Level 275 by AS 4758; or
(b) a lifejacket classified as performance level 275 by ISO 12402;
marine transceiver means a marine radio transceiver approved by the Australian Communications and Media Authority that is —
(a) a High Frequency or Very High Frequency radio; or
(b) before 1 September 2028 — a 27 MHz radio;
non‑registrable vessel —
(a) means a pleasure vessel that is not a registrable vessel within the meaning of paragraph (a) of the definition of registrable vessel in regulation 2(1); and
(b) includes a tender;
paddle craft —
(a) means a vessel that is propelled by a paddle or by the movements of a person operating the paddle craft, including, for example, a canoe, a kayak (sit‑in or sit‑on‑top) and a surfski; but
(b) does not include a stand-up paddle board;
para‑sailing means the sport or exercise where a person is towed over water by a motor boat and with the aid of a kite, parachute or similar apparatus becomes airborne;
personal locator beacon means a beacon registered with the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 (Commonwealth) section 5 that —
(a) before 1 September 2028, complies with —
(i) AS/NZS 4280.2:2003; or
(ii) AS/NZS 4280.2:2017;
and
(b) on or after 1 September 2028, is GNSS‑equipped and complies with AS/NZS 4280.2:2017;
sailboard means a vessel that is principally propelled by wind, including, for example, a board that is used for kiteboarding, kitefoiling, windfoiling, windsurfing, wingboarding, wingfoiling, winging, wingsailing or wingsurfing;
sailboard riding includes kiteboarding, kitefoiling windfoiling, windsurfing, wingboarding, wingfoiling or similar use of a sailboard for the purpose of engaging in a water-related recreational activity;
SOLAS lifejacket means a lifejacket that meets the standards of the current International Convention for the Safety of Life at Sea;
trick water ski‑ing means the sport or exercise of being towed over the water by a motor boat, without being continuously supported on the surface;
water ski‑ing means the sport or exercise of being towed over water, at a speed of 8 knots or more, by a motor boat, so as to be supported on the surface by a ski or skis, an aquaplane or other apparatus, or the feet; and water skier means a person engaging in water ski‑ing or in trick water ski‑ing.
[Regulation 46 inserted: Gazette 19 Dec 1962 p. 4014‑15; amended: Gazette 12 Jul 1974 p. 2625; 16 May 1986 p. 1661; 10 Apr 1992 p. 1598; 28 Aug 1992 p. 4240‑1; 24 Apr 1998 p. 2162; 8 May 2001 p. 2273; 1 Sep 2006 p. 3599; 9 Jan 2009 p. 37; 27 Aug 2010 p. 4113; 25 Jul 2014 p. 2582; 3 Mar 2017 p. 1485‑6; SL 2023/135 r. 13; SL 2024/191 r. 19.]
Division 2 — Recreational skippers’ tickets
[Heading inserted: SL 2023/135 r. 14.]
[46A. Deleted: Gazette 3 Mar 2017 p. 1486.]
[Heading deleted: Gazette 1 Jul 1983 p. 2263.]
47. Terms used
(1) In this Division —
CEO means the chief executive officer;
examiner means a person or body approved for the purpose of regulation 47C(2)(a);
foreign skipper’s ticket means an equivalent of a recreational skipper’s ticket granted outside Western Australia the prerequisites for which, in the CEO’s opinion, require a person to meet or exceed the recreational skipper’s competency requirements;
recreational skipper’s ticket means a ticket granted by the CEO under regulation 47C;
RST vessel means a vessel that —
(a) is a registrable vessel; and
(b) is propelled by motored power that exceeds 4.5 kW.
(2) For the purposes of this Division, a person meets the recreational skipper’s competency requirements if the person has knowledge of, and is able to demonstrate, the minimum competencies set out in the Guidelines for Recreational Boat Operator Competencies published by the National Marine Safety Committee in 2000.
(3) For the purposes of this Division, an applicant for a recreational skipper’s ticket is taken to have lodged an application if the applicant has —
(a) lodged an application with the CEO; or
(b) given a completed application to the examiner to be lodged in accordance with regulation 47C(3)(c)(ii).
[Regulation 47 inserted: Gazette 10 Feb 2006 p. 667‑8; amended: SL 2023/135 r. 15; SL 2024/191 r. 20.]
[47AA, 47AB. Deleted: Gazette 25 Jul 2014 p. 2583.]
47A. Authority to drive motor boats and RST vessels
(2) A person who is under 10 years of age must not drive a motor boat.
(3) A person who is at least 10, but under 14, years of age must not drive an RST vessel unless he or she is under the direct supervision of a person who holds a recreational skipper’s ticket and is at least 18 years of age.
(4) A person who is at least 14, but under 16, years of age must not drive an RST vessel unless he or she —
(a) holds a recreational skipper’s ticket and is driving the vessel —
(i) at a speed not exceeding 8 knots; and
(ii) between sunrise and sunset;
or
(b) is under the direct supervision of a person who holds a recreational skipper’s ticket and is at least 18 years of age.
(5) A person who is at least 16 years of age must not drive an RST vessel unless he or she —
(a) holds a recreational skipper’s ticket; or
(b) is under the direct supervision of a person who holds a recreational skipper’s ticket and is at least 18 years of age.
(6) The owner, master or person in charge of an RST vessel must not knowingly permit it to be driven in contravention of subregulations (2) to (5).
(7) A person who contravenes this regulation commits an offence.
[Regulation 47A inserted: Gazette 10 Feb 2006 p. 669‑70; amended: SL 2023/135 r. 16; SL 2024/191 r. 21.]
47B. Learner deemed to be directly supervised
(1) If a learner is driving an RST vessel under the supervision of an examiner, the learner is taken to be under the direct supervision of the examiner —
(a) if the vessel is within 400 m of the examiner; and
(b) even if the examiner is also instructing or assessing one or more other learners.
(2) In this regulation —
learner means a person who is learning to drive an RST vessel or is being assessed for the purpose of seeking to obtain a recreational skipper’s ticket.
[Regulation 47B inserted: Gazette 10 Feb 2006 p. 670.]
47C. Recreational skipper’s ticket
(1) Subject to regulations 47G and 47GB, the CEO is to grant a recreational skipper’s ticket to a person who applies in accordance with subregulation (3), if satisfied that the person meets the recreational skipper’s competency requirements.
(2) The CEO may, in satisfaction of the requirement imposed by subregulation (1) —
(a) accept evidence from a person or body approved by the CEO for that purpose; or
(b) accept possession by the applicant of a higher qualification or a foreign skipper’s ticket.
(3) An application for a recreational skipper’s ticket —
(a) is to be made to the CEO in writing in a form specified by the Minister; and
(b) is to be accompanied by evidence that the applicant meets the recreational skipper’s competency requirements; and
(ba) must be accompanied by a fee of $35.85; and
(c) may be lodged —
(i) by the applicant; or
(ii) if lodged with evidence of the kind referred to in subregulation (2)(a), by the examiner on behalf of the applicant.
(4) If an applicant has lodged an application together with evidence of the kind referred to in subregulation (2)(a) and the fee referred to in subregulation (3)(ba), the applicant is taken to hold a recreational skipper’s ticket until he or she receives —
(a) a recreational skipper’s ticket; or
(b) written notice that the CEO has refused the application.
(5) The CEO is to issue a replacement recreational skipper’s ticket —
(a) when the CEO is notified under regulation 47I of a change to the ticket holder’s name or address; or
(b) at the request of the ticket holder, if —
(i) the CEO is satisfied that the original ticket has been lost, damaged or destroyed; and
(ii) the ticket holder pays a replacement fee of $26.00.
(6) The CEO may issue a replacement recreational skipper’s ticket at any other time if the CEO considers it appropriate.
(7) In this regulation —
higher qualification means —
(a) a certificate of competency or certificate of proficiency granted or recognised under the W.A. Marine (Certificates of Competency and Safety Manning) Regulations 1983 other than a certificate of competency as —
(i) Coxswain Instructor of commercial ski‑boat; or
(ii) Marine Engineer Class III; or
(iii) Marine Engine Driver Grade I; or
(iv) Marine Engine Driver Grade II;
or
(b) any other qualification the prerequisites for which, in the CEO’s opinion, require a person to meet or exceed the recreational skipper’s competency requirements.
[Regulation 47C inserted: Gazette 10 Feb 2006 p. 671‑2; amended: Gazette 14 Jun 2013 p. 2238; 27 May 2016 p. 1551; 26 May 2017 p. 2641; 25 May 2018 p. 1640‑1; 17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68 r. 14; SL 2022/56 r. 6; SL 2023/45 r. 15; SL 2024/57 r. 8; SL 2024/62 r. 4.]
[47CA. Deleted: Gazette 25 Jul 2014 p. 2583.]
47D. Recreational skipper’s ticket, conditions on
(1) The CEO may grant a recreational skipper’s ticket subject to any conditions the CEO considers appropriate for ensuring the safety of any person or the public generally.
(2) A person who holds a recreational skipper’s ticket that is subject to a condition is taken not to hold a recreational skipper’s ticket if the condition is not being complied with.
(3) The CEO may revoke a condition by giving written notice to the ticket holder.
[Regulation 47D inserted: Gazette 10 Feb 2006 p. 673.]
47E. Interstate or overseas ticket valid for 3 months
A person who holds a foreign skipper’s ticket and enters Western Australia, whether as a visitor or with the intention of permanently residing in the State, is taken to hold a recreational skipper’s ticket until 3 months have elapsed since the person entered the State.
[Regulation 47E inserted: Gazette 10 Feb 2006 p. 673.]
47F. Exemptions
(1) The CEO may exempt a person or class of persons from all or any of the provisions of regulation 47A.
(2) The CEO may grant an exemption subject to any conditions the CEO considers appropriate for ensuring the safety of any person or the public generally.
(3) A provision of regulation 47A in respect of which an exemption has been granted does not apply to a person —
(a) to whom the exemption applies; and
(b) who is driving a vessel in accordance with the exemption and any conditions to which it is subject.
[Regulation 47F inserted: Gazette 10 Feb 2006 p. 673; amended: Gazette 25 Jul 2014 p. 2583.]
47G. Recreational skipper’s ticket, CEO may refuse, cancel or suspend
(1) The CEO may refuse an application for, or cancel or suspend, a recreational skipper’s ticket if satisfied that the applicant or ticket holder —
(a) is seeking to obtain, or obtained, the ticket by fraud, dishonesty or misrepresentation; or
(b) should not hold a recreational skipper’s ticket because he or she would be likely to be a danger to the public if permitted to be in charge of an RST vessel.
(2) The CEO must not cancel a recreational skipper’s ticket until the ticket holder has been given a reasonable opportunity to satisfy the CEO that the ticket should not be cancelled.
(3) If the CEO refuses an application for, or cancels or suspends, a recreational skipper’s ticket the CEO must give written notice of the refusal, cancellation or suspension, and the reasons for it, to the applicant or ticket holder.
(4) The power under subregulation (1) to cancel or suspend a recreational skipper’s ticket includes a power to cancel or suspend the application of regulation 47E to a person who is taken under that regulation to hold a recreational skipper’s ticket.
(5) A person aggrieved by a decision of the CEO under this regulation may apply to the State Administrative Tribunal for a review of the decision.
[Regulation 47G inserted: Gazette 10 Feb 2006 p. 673‑4.]
47GA. Effect of disqualification: cancellation
prescribed offence means an offence against section 75C(1), 75CA(1), 75CD(1), 75DA(1), 75DD(1), 75HB(1), 75HC(1), 75HE(1), 75HH(1) or 75HI(1);
section means section of the Western Australian Marine Act 1982.
(2) This regulation applies in relation to a person who is disqualified under a disqualification order on being convicted of an offence (the present offence) if —
(a) the present offence is a prescribed offence, other than an offence against section 75DA(1), and the person has previously been convicted of a prescribed offence; or
(b) the present offence is an offence against section 75DA(1) and the person has been convicted of a prescribed offence within the period of 5 years preceding the conviction for the present offence; or
(c) the present offence is an offence against section 75B(1) or (2), 75BA(1) or (2), 75BB(1) or (3), 75C(1) or 75CA(1).
(3) A recreational skipper’s ticket held by the person is cancelled by force of this regulation.
(4) If a recreational skipper’s ticket is cancelled under subregulation (3), the CEO must give written notice of the cancellation, and the reasons for it, to the ticket holder.
(5) Regulation 47E does not apply in relation to the person.
[Regulation 49GA inserted: SL 2024/62 r. 5.]
47GB. Effect of disqualification in another jurisdiction
For the purposes of the Western Australian Marine Act 1982 section 124GQ(b), if a person is disqualified from holding or obtaining a foreign skipper’s ticket under the law of another Australian jurisdiction or an overseas jurisdiction —
(a) a recreational skipper’s ticket held by the person is suspended while the disqualification is in effect; and
(b) the person cannot obtain a recreational skipper’s ticket.
[Regulation 49GB inserted: SL 2024/62 r. 5.]
47H. Ticket to be produced on request
(1) The holder of a recreational skipper’s ticket must produce it for inspection when requested to do so by an authorised person (as defined in the Western Australian Marine Act 1982 section 3(1)).
(2) A person who is taken under regulation 47C(4) to hold a recreational skipper’s ticket complies with subregulation (1) if the person produces written evidence that —
(a) the person has demonstrated, to the satisfaction of an examiner, that the person meets the recreational skipper’s competency requirements; and
(b) the person has lodged an application in accordance with regulation 47C(3).
(3) A person who is taken under regulation 47E to hold a recreational skipper’s ticket complies with subregulation (1) if he or she produces —
(a) his or her foreign skipper’s ticket; and
(b) evidence of the date of his or her entry into Western Australia.
(4) A person who contravenes this regulation commits an offence.
[Regulation 47H inserted: Gazette 10 Feb 2006 p. 674; amended: SL 2024/191 r. 22.]
47I. Ticket holder to notify change of details
(1) The holder of a recreational skipper’s ticket who changes his or her name or address must give written notice of the change to the CEO within 21 days of the change being made.
(2) A person who contravenes this regulation commits an offence.
[Regulation 47I inserted: Gazette 10 Feb 2006 p. 674‑5.]
Division 3 — General regulations for motor boats, speed boats and personal watercraft
[Heading inserted: SL 2024/191 r. 23.]
48. Limitation of speed, water ski-ing and para-sailing
Subject to regulation 48A a person shall not, in any navigable waters, drive a motor boat at a speed exceeding 8 knots, water ski or para‑sail —
(a) without the approval of the Department —
(i) in any water having a depth of less than 3 m; or
(ii) within 50 m of a river bank or water’s edge;
or
(b) in or through a mooring area; or
(c) within 15 m of a vessel underway; or
(d) within 50 m of —
(i) a moored vessel; or
[(ii) deleted]
(iii) a person in the water; or
(iv) a jetty or wharf;
or
(e) through an arch of a bridge.
[Regulation 48 inserted: Gazette 19 Dec 1962 p. 4015; amended: Gazette 9 Feb 1970 p. 377; 22 Dec 1972 p. 4778; 14 Feb 1975 p. 572; 28 Aug 1992 p. 4241; 10 Feb 2006 p. 675; 3 Mar 2017 p. 1486; SL 2023/135 r. 18; SL 2024/191 r. 41.]
48A. Areas for speed boats and water ski‑ing
(1) The chief executive officer may, by notice published in the Government Gazette —
(a) limit the speed of any specified class or classes of motor boat, in any navigable waters therein defined;
(b) define and set aside any area of navigable waters for the purpose of racing by speed boats for which permission to race has been granted by the chief executive officer;
(c) define and set aside, and impose conditions on the use of, any area of navigable waters for the purposes of para‑sailing or water ski‑ing and, where he sees fit, specify times when that area may be so used and may by that notice, permit the use in accordance with that notice of any waters mentioned in regulation 48(a), for that purpose;
(d) vary or cancel any previous notice under this subregulation.
(2) A person shall not race a motor boat, or drive a motor boat towing a para‑sailor or a water skier in any navigable waters, except in an area defined and set aside by the chief executive officer for the purpose and, where times during which the area may be so used have been specified under subregulation (1)(c), during those times, and where the chief executive officer has imposed any conditions on the racing of speed boats, on para‑sailing or on water ski‑ing, in any such defined area, a person failing to comply with those conditions commits an offence.
(3) Where, under the provisions of this regulation, the chief executive officer defines and sets aside any area of navigable waters, for a specified purpose, he may, at the same or any other time order that those waters be not used for any but the specified purpose; and a person shall not thereupon, use those waters for any but the specified purpose.
[Regulation 48A inserted: Gazette 19 Dec 1962 p. 4016; amended: Gazette 16 Dec 1963 p. 3876; 16 Oct 1970 p. 3206; 12 Jul 1974 p. 2625; 16 May 1986 p. 1661; 11 Aug 1992 p. 3975‑6; 28 Aug 1992 p. 4241; SL 2024/191 r. 24.]
49. Driver to be accompanied and to be alert
(1) A person shall not drive a speed boat towing a para‑sailor or a water skier unless he is at least 17 years of age and is accompanied, in the boat, by a person of at least 14 years of age.
(2) A person driving a speed boat towing a para‑sailor or a water skier shall maintain a constant lookout ahead and the person accompanying him, in the boat, shall maintain a constant watch over the para‑sailor or para‑sailors or the skier or skiers being towed by that boat.
[Regulation 49 inserted: Gazette 19 Dec 1962 p. 4016; amended: Gazette 16 Oct 1970 p. 3206; 28 Aug 1992 p. 4241.]
[49A. Deleted: Gazette 10 Feb 2006 p. 675.]
[49B. Deleted: Gazette 1 Jul 1983 p. 2263.]
49C. Driving speed boats behind skiers
A person shall not drive a speed boat directly behind a water skier or another boat underway so as to approach within 50 m of such water skier or other boat.
[Regulation 49C inserted: Gazette 16 Oct 1970 p. 3206; amended: Gazette 14 Feb 1975 p. 572; 3 Mar 2017 p. 1486; SL 2023/135 r. 19.]
49D. Right of way when landing a water skier
A person driving a boat about to take‑off shall yield right of way to a speed boat coming in to land a water skier.
[Regulation 49D inserted: Gazette 19 Dec 1962 p. 4016.]
49E. Ski ropes
A person shall not permit a ski rope to trail within 30 m of the shore of any area set aside for water ski‑ing, unless the rope handles are held by a skier.
[Regulation 49E inserted: Gazette 19 Dec 1962 p. 4016; amended: Gazette 14 Feb 1975 p. 572.]
49F. Towing trick water skiers
A person shall not drive a speed boat towing a person or persons engaged in the exercise of trick water ski‑ing so as to approach within 100 m of any landing or take‑off area.
[Regulation 49F inserted: Gazette 19 Dec 1962 p. 4016; amended: Gazette 16 Dec 1963 p. 3876; 14 Feb 1975 p. 572; 3 Mar 2017 p. 1486.]
49G. Towing skiers near landing or take‑off areas
Except as otherwise provided by any notice published under the provisions of regulation 48A, a person shall not drive a speed boat towing water skiers within 30 m of the shore of any landing or take‑off area, except for the purpose of landing or taking off water skiers.
[Regulation 49G inserted: Gazette 16 Dec 1963 p. 3876; amended: Gazette 14 Feb 1975 p. 572.]
49H. Ski line to be retrieved
After landing a water skier, the driver of a speed boat that towed the skier shall continue to a distance of not less than 60 m from the point of dropping such skier, where he shall stop and retrieve the ski line and if coming to shore he shall then drive the boat at a speed not exceeding 8 knots and in a manner so as not to interfere with, or obstruct, any other boat towing a water skier.
[Regulation 49H inserted: Gazette 16 Oct 1970 p. 3206; amended: Gazette 14 Feb 1975 p. 572.]
49I. Driver of speed boat not to approach shore where skier has landed
The driver of a speed boat landing a water skier shall not approach within 25 m of the shore where the skier is to be landed.
[Regulation 49I inserted: Gazette 16 Oct 1970 p. 3206; amended: Gazette 14 Feb 1975 p. 572.]
49J. Sitting on gunwale or back of driver’s seat prohibited
A person shall not, while driving a speed boat, sit on the gunwale or on the back of the driving seat.
[Regulation 49J inserted: Gazette 3 Oct 1967 p. 2593.]
49K. Water skis to be retrieved immediately
A water skier shall, immediately upon losing or intentionally discarding a ski, retrieve or cause to be retrieved such ski.
[Regulation 49K inserted: Gazette 1 May 1970 p. 1233.]
[49L. Deleted: Gazette 1 Jul 1983 p. 2263.]
49M. Restrictions on slalom ski‑ing or ski‑jumping
A person shall not use any navigable waters for the purpose of —
(a) a slalom course or ski‑jump unless prior approval in writing has been obtained from the Department; and
(b) a slalom course or ski‑jump unless a safety zone surrounding such slalom course or ski‑jump is defined by red marker buoys, each having a diameter of 200 mm and fitted with a 300 mm high orange triangular pennant; and
(c) slalom ski‑ing unless that person is wearing any of the following, of a size and buoyancy appropriate to the body mass of that person —
(i) a Level 50 lifejacket;
(ii) a Level 50S lifejacket;
(iii) a Level 100 lifejacket;
(iv) a Level 150 lifejacket;
(v) a Level 275 lifejacket;
(vi) a SOLAS lifejacket;
[(vii)-(ix) deleted]
and
(d) slalom ski‑ing or ski‑jumping unless that person is permitted to use the slalom course or ski‑jump by the person or club having the approval of the Department to use the water for that purpose.
[Regulation 49M inserted: Gazette 16 Oct 1970 p. 3206; amended: Gazette 14 Feb 1975 p. 572; 24 Apr 1998 p. 2162; 3 Mar 2017 p. 1487; SL 2023/135 r. 20; SL 2024/191 r. 25 and 41.]
50. Towing of water skier prohibited at certain times
(1) Subject to subregulation (2), a person shall not drive a motor boat towing a water skier —
(a) before 8 am and after sunset in the waters of the Swan River; or
(b) before 9 am and after sunset in the waters of the Canning River.
(2) Where by notice under regulation 48A an area of the Swan River has been defined and set aside for the purposes of water ski‑ing at times specified in the notice and any of the times specified are within the period prescribed in paragraph (a) of subregulation (1), that paragraph does not apply to a person driving a motor boat for the purposes of water ski‑ing in that area at times permitted by, and otherwise in accordance with, that notice.
[Regulation 50 inserted: Gazette 14 Aug 1981 p. 3340; amended: Gazette 16 May 1986 p. 1661; SL 2023/135 r. 21.]
50A. Restrictions on freestyle driving, surfing and wave jumping on personal watercraft
(1) The chief executive officer may, by notice published in the Gazette —
(a) define and set aside any area of navigable waters where freestyle driving, surfing or wave jumping on a personal watercraft is prohibited;
(b) vary or cancel any previous notice under this subregulation.
(2) A person must not engage in freestyle driving, surfing or wave jumping on a personal watercraft in an area defined and set aside by the chief executive officer under subregulation (1).
(3) A person must not, in any navigable waters, engage in freestyle driving, surfing or wave jumping on a personal watercraft unless the personal watercraft is —
(a) 30 m clear of any other personal watercraft; and
(b) 50 m clear of any other vessel or person.
(4) In this regulation —
freestyle driving, in relation to a personal watercraft, means the practice of driving the personal watercraft in such a manner that the driver of another vessel in sight of the personal watercraft would be unable to determine the intended course or speed of the personal watercraft so as to take action under the Prevention of Collisions in State Waters Regulations 1983 to avoid a collision;
surfing in relation to a personal watercraft, means the practice of driving the personal watercraft down a breaking wave or swell, whether formed naturally or by the passage of a vessel;
wave jumping, in relation to a personal watercraft, means the practice of driving the personal watercraft over or across a breaking wave or swell, whether formed naturally or by the passage of a vessel, with the aim of becoming airborne.
[Regulation 50A inserted: Gazette 24 Apr 1998 p. 2162‑3; amended: SL 2025/68 r. 5.]
Division 4 — Lifejackets
[Heading inserted: SL 2023/135 r. 22.]
50B. Lifejackets to be worn on vessels
open area, in relation to a pleasure vessel, means all areas of the vessel that are not wholly enclosed by a rigid structure.
(2) If a pleasure vessel that is not a personal watercraft is outside protected waters and more than 400 m from any shore, each person on the vessel who has reached 12 months of age but who is not yet 12 years of age must, when on an open area of the vessel, wear an appropriate lifejacket.
(3) If a pleasure vessel that is less than 4.8 m in length but that is not a personal watercraft is outside protected waters and more than 400 m from any shore, each person on the vessel who has reached 12 months of age must wear an appropriate lifejacket.
(4) If a vessel is a personal watercraft that is in navigable waters, each person on the vessel who has reached 12 months of age must wear an appropriate lifejacket.
(5) If a person who has reached 12 years of age is required to wear an appropriate lifejacket under subregulation (3) or (4) and the person is wearing a lifejacket, that person must produce the lifejacket to an officer of the Department on demand.
(6) The master of a vessel must ensure that each person who is required to wear an appropriate lifejacket under subregulation (2), (3) or (4) wears an appropriate lifejacket.
(7) If a person on the vessel who is not yet 12 years of age is required to wear an appropriate lifejacket under subregulation (2), (3) or (4) and the person is wearing a lifejacket, the master of the vessel must produce the lifejacket to an officer of the Department on demand.
(8) A person who has reached 12 years of age who contravenes subregulation (3), (4) or (5) commits an offence.
(9) A master of a vessel who contravenes subregulation (6) or (7) commits an offence.
[Regulation 50B inserted: SL 2023/135 r. 23; amended: SL 2024/191 r. 26 and 41.]
Division 5 — Sailboard riding
[Heading inserted: SL 2023/135 r. 24.]
50C. Restrictions on sailboard riding
(1) The chief executive officer may, by notice published in the Gazette —
(a) define and set aside any area of navigable waters where sailboard riding is prohibited;
(b) vary or cancel any previous notice under this subregulation.
(2) A person must not engage in sailboard riding in an area defined and set aside by the chief executive officer under subregulation (1).
(3) A person who contravenes subregulation (2) commits an offence.
[Regulation 50C inserted: Gazette 25 Jul 2014 p. 2583.]
Division 6 — Motor boats
[Heading inserted: SL 2023/135 r. 25.]
[50D. Deleted: Gazette 19 Dec 1962 p. 4017.]
51. Silencers on motor boats
A person shall not use a motor boat unless it is fitted with an efficient silencer approved by the Department.
[Regulation 51 inserted: Gazette 19 Dec 1962 p. 4017; amended: SL 2024/191 r. 41.]
51A. Motor boats not to emit smoke or vapour
Except in the case of an emergency, a person shall not cause or permit a motor boat to emit smoke or vapour to such an extent as to cause danger, nuisance or annoyance to the public.
[Regulation 51A inserted: Gazette 19 Dec 1962 p. 4017.]
Division 7 — Aquatic sport events
[Heading inserted: SL 2023/135 r. 26.]
[51B. Deleted: Gazette 7 Sep 1979 p. 2735.]
51C. Organized races, displays, regattas and aquatic sports
(1) A person shall not organize, promote or conduct a race, display or regatta for vessels of any description or an exhibition of any form of aquatic sport, including water ski‑ing, in any navigable waters, unless permission therefor has first been granted by the chief executive officer.
[(2) deleted]
[Regulation 51C inserted: Gazette 19 Dec 1962 p. 4017; amended: Gazette 25 Nov 2011 p. 4874; 25 Jul 2014 p. 2583; SL 2024/191 r. 27.]
Division 8 — Equipment and safety
[Heading inserted: SL 2023/135 r. 27.]
[51D, 52. Deleted: SL 2023/135 r. 28.]
52A. Pleasure vessels to be equipped with lifejackets
(1) This regulation does not apply to a personal watercraft.
(2) The owner or master of a registrable vessel must ensure that the vessel is equipped with at least 1 appropriate lifejacket for each person on board who has reached 12 months of age.
(3) The owner or master of a non‑registrable vessel must ensure that the vessel, while outside protected waters and more than 400 m from any shore, is equipped with at least 1 appropriate lifejacket for each person on board who has reached 12 months of age.
(4) For the purposes of determining the number of lifejackets a vessel is equipped with under subregulation (2) or (3), a lifejacket being worn by a person on board the vessel is taken to be a lifejacket that the vessel is equipped with.
(5) An owner or master who contravenes this regulation commits an offence.
[Regulation 52A inserted: SL 2023/135 r. 28; amended: SL 2024/191 r. 28.]
52B. Pleasure vessels to be equipped with certain distress signals
(1AA) For the purposes of this regulation, a vessel is taken not to be equipped with a particular distress signal if —
(a) the distress signal has a date of expiry marked on it by its manufacturer; and
(b) the date of expiry has passed.
(1) The owner or master of a pleasure vessel must ensure that the vessel, while outside protected waters and more than 400 m from any shore, is equipped with the following distress signals —
(a) not fewer than —
(i) 2 red hand held flares; and
(ii) 2 orange hand held flares;
or
(b) an approved electronic visual distress signal if —
(i) the vessel is also equipped with an Emergency Position‑Indicating Radio Beacon that is GNSS‑equipped; or
(ii) a personal locator beacon that is GNSS‑equipped is attached to a person on board the vessel;
or
(c) before 1 September 2026, not fewer than —
(i) 2 orange hand held flares; and
(ii) 2 parachute distress rockets.
[(1a), (2) deleted]
(2AA) The distress signals required by subregulation (1)(a) and (c) must comply with —
(a) the Marine Orders Part 25 (Commonwealth); or
(b) Australian Standard 2092‑2004 Pyrotechnic marine distress flares and signals for pleasure craft published by Standards Australia on 10 May 2004.
[(2A) deleted]
(3) An owner or master who contravenes this regulation commits an offence.
[Regulation 52B inserted: Gazette 22 Aug 1975 p. 3044; amended: Gazette 11 May 1990 p. 2283; 31 Dec 1993 p. 6913‑14; 24 Apr 1998 p. 2164; 24 Oct 2008 p. 4670; 11 Dec 2009 p. 5059; 13 Dec 2013 p. 6177; 25 Jul 2014 p. 2584; 3 Mar 2017 p. 1489; SL 2023/135 r. 29; SL 2024/191 r. 29.]
52BAA. Registrable vessels to be equipped with marine transceiver
(1) The owner or master of a registrable vessel that proceeds more than 4 nautical miles from any shore must ensure that the vessel is equipped with a marine transceiver.
(2) Whilst the vessel is underway the marine transceiver referred to in subregulation (1) must, when not used for other transmission, remain switched on and tuned to the emergency distress calling frequency or the working frequency of the shore station with which the vessel is logged on.
[(3A) deleted]
(3) An owner or master who contravenes this regulation commits an offence.
[Regulation 52BAA inserted: Gazette 31 Dec 1993 p. 6914; amended: Gazette 24 Apr 1998 p. 2164; 25 Jul 2014 p. 2585; SL 2023/135 r. 30; SL 2024/191 r. 30.]
52BAB. Pleasure vessels to carry locator beacons
(1) The owner or master of a pleasure vessel that is outside protected waters and more than 400 m from any shore must ensure that —
(a) the vessel is equipped with an Emergency Position‑Indicating Radio Beacon; or
(b) a personal locator beacon is attached to a person on board the vessel.
(2) An owner or master who contravenes this regulation commits an offence.
[Regulation 52BAB inserted: SL 2023/135 r. 31; amended: SL 2024/191 r. 31.]
[52BAC, 52BAD. Deleted: SL 2024/191 r. 32.]
52BA. Equipment to be maintained in serviceable condition and readily accessible
(1) All items of equipment required to be carried on board any vessel pursuant to regulations 52A, 52B, 52BAA, 52BAB and 52G shall be —
(a) maintained in a serviceable condition; and
(b) situated so as to be readily accessible to all persons on board the vessel.
(2) Where any of the items of equipment referred to in regulation 52BA(1) are stored under cover, the position of those items shall be clearly indicated by appropriate markings.
(3) All equipment required to be carried on board any vessel pursuant to regulations 52A, 52B, 52BAA, 52BAB and 52G shall be produced to an officer of the Department on demand.
[Regulation 52BA inserted: Gazette 17 Sep 1976 p. 3464; amended: Gazette 31 Dec 1993 p. 6915; SL 2023/135 r. 33; SL 2024/191 r. 41.]
52BB. Lifejacket worn on personal watercraft to be maintained in serviceable condition
A lifejacket that is required to be worn under regulation 50B(4) must be maintained in a serviceable condition.
[Regulation 52BB inserted: SL 2023/135 r. 34.]
[52C. Deleted: SL 2023/135 r. 35.]
[52CA. Deleted: SL 2024/191 r. 33.]
[52CAB. Deleted: Gazette 24 Apr 1998 p. 2164.]
[52D. Deleted: SL 2024/191 r. 33.]
52E. Storage and use of fuel in motor boats
The following provisions apply to the storage and use of fuel in all motor boats, namely —
(a) fuel shall be carried in containers soundly constructed of metal or any other approved materials and shall not, in any event, be carried in plastic containers; and
(b) subject to paragraph (c), the pipes leading from the fuel tank to the engine shall be of steel or copper having all joints brazed and union faces ground and made of metal; and
(c) a short length of flexible piping of some other material may be used with the approval of the Department; and
(d) an efficient valve shall be fitted against the fuel tank outlet.
[Regulation 52E inserted: Gazette 4 Nov 1965 p. 3804; amended: SL 2024/191 r. 41.]
52F. Ventilation of engine compartment
Any engine compartment of a motor boat shall be adequately ventilated.
[Regulation 52F inserted: Gazette 4 Nov 1965 p. 3804.]
52G. Navigation lights
(1) The master of a vessel must ensure that the vessel, while operating between sunset and sunrise, displays the navigation lights prescribed under the Prevention of Collisions in State Waters Regulations 1983.
(2) A master who contravenes this regulation commits an offence.
[Regulation 52G inserted: Gazette 31 Dec 1993 p. 6915; amended: SL 2024/191 r. 34; SL 2025/68 r. 6.]
52H. Reporting accidents and fires
Whenever —
(a) any vessel (including a vessel propelled solely by sail) is involved in an accident; or
(b) a fire occurs on board any vessel (including a vessel propelled solely by sail),
and by reason of that accident or fire —
(c) the vessel is lost or sustains damage rendering it unseaworthy or incapable of being safely navigated; or
(d) loss of life or serious injury occurs,
the owner or master of the vessel shall within 7 days of the occurrence of that accident or fire notify the Department by sending to the Department a written report containing particulars of the accident or fire and of any loss, damage, injury or loss of life.
[Regulation 52H inserted: Gazette 12 Jul 1974 p. 2626; amended: SL 2024/191 r. 35 and 41.]
Division 9 — Offences and penalties
[Heading inserted: SL 2023/135 r. 37.]
53. Offences and penalties
(1) Every person who by act or omission contravenes the provisions of any regulation in this Part that does not itself provide that the contravention is an offence, or the provisions of any notice published under, and by virtue of, this Part, commits an offence.
[(2)-(4) deleted]
(5) A person who commits an offence under this Part is liable on conviction to a fine not exceeding $500.
[Regulation 53 inserted: Gazette 19 Dec 1962 p. 4017; amended: Gazette 17 Sep 1976 p. 3464; 4 Sep 1981 p. 3862; 28 Aug 1992 p. 4242; 20 Jun 2000 p. 3039; 14 May 2004 p. 1447; 17 Nov 2009 p. 4630; 25 Jul 2014 p. 2590; SL 2024/191 r. 36.]
[Part VII: Division 1 heading deleted: Gazette 25 Jul 2014 p. 2590;
r. 54, 57, 58 and 67 deleted: SL 2022/137 r. 11;
r. 55 and 56 deleted: Gazette 1 Aug 1990 p. 3641;
Divisions II and III (r. 59-66) deleted: Gazette 9 Feb 1970 p. 377.]
Part VIII — Miscellaneous
[Heading inserted: Gazette 25 Jul 2014 p. 2591.]
68. Duty of owner or master
Where by these regulations an act is required to be done, or forbidden to be done in relation to any vessel, the owner or master of the vessel has, unless the contrary intention appears, the duty of causing to be done the act so required to be done, or of preventing from being done the act so forbidden to be done, as the case may be.
[Regulation 68 inserted: Gazette 11 Sep 1987 p. 3545; amended: SL 2024/191 r. 37.]
69. Form of warrant
For the purposes of the Western Australian Marine Act 1982 section 26(5) a warrant must be in the form of Schedule 1 Form 4.
[Regulation 69 inserted: SL 2023/204 r. 4.]
70. Form of order to produce
For the purposes of the Western Australian Marine Act 1982 section 18D(4) an order to produce must be in the form of Schedule 1 Form 5.
[Regulation 70 inserted: SL 2024/62 r. 6.]
71. Disclosure of information by Commissioner of Police
criminal intelligence information means —
(a) information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected —
(i) to prejudice criminal investigations; or
(ii) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(iii) to endanger a person’s life or physical safety;
or
(b) information the disclosure of which could reasonably be expected to reveal and prejudice the effectiveness of any of the following —
(i) police information‑gathering or surveillance methods;
(ii) police procedures for preventing, detecting, investigating or dealing with matters arising out of breaches of the law.
(2) The information prescribed for the purposes of the Western Australian Marine Act 1982 section 109(3) is information, other than criminal intelligence information, relating to the actual or suspected conduct of a person that may indicate that the person poses a risk of violence.
[Regulation 71 inserted: SL 2024/62 r. 6.]
72. Disclosure of information: prescribed persons
APS employee has the meaning given in the Public Service Act 1999 (Commonwealth) section 7;
CEO means the chief executive officer.
(2) For the purposes of the definition of prescribed person in the Western Australian Marine Act 1982 section 111(1), the following are prescribed —
(a) the Chairperson of ASIC, as defined in the Australian Securities and Investments Commission Act 2001 (Commonwealth) section 5(1), or a staff member, as defined in that subsection, nominated by the Chairperson to the CEO;
(b) the Commissioner, as defined in the Australian Federal Police Act 1979 (Commonwealth) section 4(1), or an AFP employee, as defined in that subsection, nominated by the Commissioner to the CEO;
(c) the Australian Border Force Commissioner, appointed under the Australian Border Force Act 2015 (Commonwealth) section 11(1) (ABF Commissioner), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the ABF Commissioner to the CEO;
(d) the Comptroller‑General of Customs, referred to in the Australian Border Force Act 2015 (Commonwealth) section 11(3), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the Comptroller‑General to the CEO;
(e) the Chief of the Defence Force, appointed under the Defence Act 1903 (Commonwealth) section 12(1) (Chief of Defence), or an officer of the Defence Force, as defined in section 4(1) of that Act, nominated by the Chief of Defence to the CEO;
(f) the Inspector‑General, as defined in the Bankruptcy Act 1966 (Commonwealth) section 5(1), or an APS employee whose duties include supporting the Inspector‑General in the performance of the Inspector‑General’s functions under that Act nominated by the Inspector‑General to the CEO;
(g) the Registrar, as defined in the Child Support (Registration and Collection) Act 1988 (Commonwealth) section 4(1), or an APS employee of the department of the Commonwealth public service principally assisting the Commonwealth Minister in the administration of that Act nominated by the Registrar to the CEO;
(h) the Electoral Commissioner, as defined in the Commonwealth Electoral Act 1918 (Commonwealth) section 4(1), or a member of the staff mentioned in section 29 of that Act nominated by the Electoral Commissioner to the CEO;
(i) the Commissioner, as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1), or another officer of the Commission, as defined in that subsection, nominated by the Commissioner to the CEO;
(j) the Electoral Commissioner, as defined in the Electoral Act 1907 section 4(1), or a person employed in the Western Australian Electoral Commission nominated by the Electoral Commissioner to the CEO;
(k) the FES Commissioner, as defined in the Fire and Emergency Services Act 1998 section 3, or another member of staff, as defined in that section, nominated by the FES Commissioner to the CEO;
(l) the Chief Executive Centrelink, as defined in the Human Services (Centrelink) Act 1997 (Commonwealth) section 3, or a Departmental employee, as defined in that section, nominated by the Chief Executive Centrelink to the CEO;
(m) a CEO of a local government, as defined in the Local Government Act 1995 section 1.4 (LG CEO), or an employee of that local government, as defined in that section, nominated by the LG CEO to the CEO;
(n) the chief executive officer of a GTE, as defined in the Government Trading Enterprises Act 2023 section 3(1) (GTE CEO), or a member of staff of the GTE, as defined in that subsection, nominated by the GTE CEO to the CEO;
(o) the chief executive officer of an agency, as defined in the Public Sector Management Act 1994 section 3(1), or a person employed in that agency nominated by the chief executive officer to the CEO;
(p) an Agency Head, as defined in the Public Service Act 1999 (Commonwealth) section 7, or an APS employee of the Agency Head’s Agency nominated by the Agency Head to the CEO;
(q) the Commissioner, as defined in the Taxation Administration Act 1953 (Commonwealth) section 2(1), or a member of the staff mentioned in section 4A of that Act nominated by the Commissioner to the CEO;
(r) a registered liquidator appointed under the Corporations Act 2001 (Commonwealth) section 472(1) or a liquidator appointed under section 489EC(1) of that Act;
(s) a registered trustee of the estate of a bankrupt appointed under the Bankruptcy Act 1966 (Commonwealth);
(t) the Commissioner (however designated) of the police force of another State or of the Northern Territory, or another officer of that police force nominated by the Commissioner of that police force to the CEO;
(u) the chief executive officer (however designated) of a department of the public service of another State, the Australian Capital Territory or the Northern Territory, or a person employed in that department nominated by the chief executive officer of that department to the CEO;
(v) the chief executive officer (however designated) of a local government or local government council in another State or in the Northern Territory, or an employee employed by that local government or local government council nominated by the chief executive officer of that local government or local government council to the CEO.
[Regulation 72 inserted: SL 2024/62 r. 6; amended: SL 2024/191 r. 38.]
73. Method of giving certain notices
(1) The following documents are taken to be given to the occupier of premises if an inspector leaves the document in a prominent place on the premises —
(a) a notice of the inspector’s intention to apply for an extension under section 33(4) or 36(2) of the Marine Act;
(b) a notice of the inspector’s intention to secure equipment under section 35(3) of the Marine Act.
(2) A notice given in accordance with subregulation (1) is taken to be given at the time the notice is left on the premises by the inspector.
(3) The following documents may be given to a person by electronic means if the person consents to receiving electronic communication at a designated electronic address —
(a) an improvement notice given under section 22(1) of the Marine Act, and copies of the improvement notice given under section 23(2) of the Marine Act;
(b) notice of an inspector’s intention to apply for an extension under section 33(4) or 36(2) of the Marine Act;
(c) notice of an inspector’s intention to secure equipment under section 35(3) of the Marine Act;
(d) notice of prohibited carriage of cargo given under section 95 of the Marine Act;
(e) notice of exemptions given under section 115A(1B)(a) or (c) of the Marine Act;
(f) an infringement notice given under section 132(2)(a) of the Marine Act;
(g) notice of a withdrawn infringement notice given under section 132(5) of the Marine Act;
(h) notice of an alleged offence given under section 133(2) of the Marine Act;
(i) a notice given under these regulations.
(4) A notice given to a person in accordance with subregulation (3) is taken to be given —
(a) if sent to the person’s designated electronic address — at the time the electronic communication becomes capable of being retrieved by the person at the designated electronic address; or
(b) if sent to another electronic address of the person — at the time the person becomes aware that the electronic communication has been sent to the other electronic address.
[Regulation 73 inserted: SL 2025/215 r. 8.]
74. Offence of unauthorised endorsement or alteration of infringement notices
designated officer has the meaning given in section 132(11) of the Marine Act.
(2) A person who makes any endorsement on, or alteration to, an infringement notice commits an offence.
Penalty for this subregulation: a fine of $500.
(3) Subregulation (2) does not apply to an authorised person, an inspector or a designated officer.
[Regulation 74 inserted: SL 2025/215 r. 8.]