sch.5-sec.3Exceptions from requirements for marine zone

sch.5-sec.3 Exceptions from requirements for marine zone

The requirements in section 2 (1) (a) or (b) do not apply to a ship if the ship is— a commercial personal watercraft; and operating in the waters of the Noosa River the general manager has stated, by gazette notice under section 197 (2) of this regulation, are waters where the anchoring, berthing, mooring or operating of a ship other than a commercial personal watercraft endangers marine safety (a commercial PWC area ). The requirement in section 2 (1) (b) does not apply to a personal watercraft if— the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (4) ; and the owner or master uses the personal watercraft to move through the waters— to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and the owner or master— is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore. A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay. A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville. However, the collision regulations apply to the personal watercraft despite subsection (2) (b) or (c) . For subsection (2) (a) , the waters are as follows— the waters of the Noosa River downstream of the geodesic between latitude 26° 23.835' south, longitude 153° 03.271' east and latitude 26° 23.584' south, longitude 153° 03.273' east ending at the geodesic between latitude 26° 22.846' south, longitude 153° 04.856' east and latitude 26° 22.770' south, longitude 153° 04.586' east; the waters of Weyba Creek downstream of the geodesic between latitude 26° 23.834' south, longitude 153° 04.525' east and latitude 26° 23.913' south, longitude 153° 04.396' east; the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b) . For working out the waters that form part of Weyba Creek for subsection (4) (b) , the shore of Weyba Creek is taken to continue along the direct line between the following points— latitude 26° 23.945' south, longitude 153° 04.655' east; latitude 26° 23.954' south, longitude 153° 04.591' east. In this section— commercial personal watercraft means a personal watercraft that has a certificate of operation for a class 2 or 4 vessel under the national law. transit voyage means— a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (4) ; or a voyage between a point in the waters mentioned in subsection (4) and a point seaward of the marine zone. sch 5 pt 2 s 3 amd 2020 SL No. 94 s 39 (2) – (3) (sch.5-sec.3-ssec.1) The requirements in section 2 (1) (a) or (b) do not apply to a ship if the ship is— a commercial personal watercraft; and operating in the waters of the Noosa River the general manager has stated, by gazette notice under section 197 (2) of this regulation, are waters where the anchoring, berthing, mooring or operating of a ship other than a commercial personal watercraft endangers marine safety (a commercial PWC area ). (sch.5-sec.3-ssec.2) The requirement in section 2 (1) (b) does not apply to a personal watercraft if— the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (4) ; and the owner or master uses the personal watercraft to move through the waters— to travel to or from a commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and the owner or master— is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore. A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay. A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville. (sch.5-sec.3-ssec.3) However, the collision regulations apply to the personal watercraft despite subsection (2) (b) or (c) . (sch.5-sec.3-ssec.4) For subsection (2) (a) , the waters are as follows— the waters of the Noosa River downstream of the geodesic between latitude 26° 23.835' south, longitude 153° 03.271' east and latitude 26° 23.584' south, longitude 153° 03.273' east ending at the geodesic between latitude 26° 22.846' south, longitude 153° 04.856' east and latitude 26° 22.770' south, longitude 153° 04.586' east; the waters of Weyba Creek downstream of the geodesic between latitude 26° 23.834' south, longitude 153° 04.525' east and latitude 26° 23.913' south, longitude 153° 04.396' east; the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b) . (sch.5-sec.3-ssec.5) For working out the waters that form part of Weyba Creek for subsection (4) (b) , the shore of Weyba Creek is taken to continue along the direct line between the following points— latitude 26° 23.945' south, longitude 153° 04.655' east; latitude 26° 23.954' south, longitude 153° 04.591' east. (sch.5-sec.3-ssec.6) In this section— commercial personal watercraft means a personal watercraft that has a certificate of operation for a class 2 or 4 vessel under the national law. transit voyage means— a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (4) ; or a voyage between a point in the waters mentioned in subsection (4) and a point seaward of the marine zone.