The regulation defines several key concepts. “Lock” means Lock Number 7, 8, 9, 10 or 15 and includes the chamber of the lock (s 3). These are the locks on the Murray River between the New South Wales-Victoria border and South Australia. “Lock-keeper” means the person in charge of a lock appointed by a relevant Authority. “Master” means the person in charge of a vessel, or in the case of a vessel being towed, the person in charge of the towing vessel (s 3). “Navigable pass”, in relation to a weir, means the part of the weir that can be lowered during high water flow to render the lock chamber inoperable; thus when the navigable pass is open, vessels may be able to bypass the lock. “Relevant Authority” covers three state-owned corporations: Water NSW (which manages water resources in NSW), the South Australian Water Corporation (SA Water), and the Goulburn-Murray Rural Water Corporation (GMW) in Victoria. This tri-state definition reflects the fact that the locks and weirs on the Murray are jointly managed under the Murray-Darling Basin Agreement. “Vessel” is defined broadly as a type of ship, boat or marine craft that floats, hovers or is submersible, which would include houseboats, kayaks, hovercraft and submersibles if any such craft use the river. “River work” is defined in s 16(4) as a work to which the regulation applies, including any building, structure, machinery or appliance forming part of or used in connection with the work - this extends the reach of the offences beyond the waterway itself to adjacent infrastructure.

The regulation also uses the concept of “order of precedence”. Under s 6, if two or more vessels are travelling in the same direction and wish to navigate through the same lock, the default order is the order of arrival. However the lock-keeper may give precedence to a “commercial passenger vessel operating on an established timetable”. This creates a preference for scheduled commercial services (such as paddle steamers or tourist vessels) over private recreational vessels, potentially increasing wait times for non-commercial users. The concept of “times for passage” (s 7) allows each relevant Authority to set upstream, downstream or both directions by publishing times in a local newspaper or on the Authority’s website. This could impose significant scheduling constraints on vessel operators who must plan their journeys around published lock operating hours, which may vary by season.

The signal provisions (ss 8-11, 12-13) create a detailed code for visual and audible communication between masters and lock-keepers. They use standard navigation colour conventions: green for starboard/ proceed, red for port/ stop, and require specific blast patterns on whistles or sirens. The concept of “approximately” appears several times (6 seconds, 60 flashes per minute) leaving some margin for interpretation but also potential for disputes about compliance.

The regulation directly affects masters of vessels on the Murray River who wish to pass through any of the five named locks or who approach Weir 11 (Mildura) or Yarrawonga Weir while the navigable pass is closed. This includes operators of tourist paddle steamers, private motor cruisers, houseboats, fishing boats, kayaks, and any other watercraft. The commercial passenger vessel exemption in s 6(2) gives an advantage to operators with established timetables, which in practice means the larger commercial tour boats. Smaller commercial operators without fixed published timetables may not qualify for priority.

Lock-keepers employed by the three relevant Authorities are affected as they must exercise the powers and duties conferred: acknowledging signals, giving proceed signals, setting order of precedence, refusing entry on the grounds listed in s 14, and enforcing the no-approach zones. They are also given significant powers under s 5(3) to unfasten or cut ropes or chains and to obtain any assistance they consider necessary. This could impose liability risks if property is damaged, though the regulation provides no statutory immunity.

Relevant Authorities themselves are affected because they must set and publish times for lock passage under s 7, and must appoint lock-keepers and authorised officers. The administrative burden of maintaining website or newspaper notices, and of training staff to enforce the regulation, falls on Water NSW, SA Water and GMW. The regulation also affects persons who are not vessel operators: anyone who enters onto a river work (unless they are an employee of a relevant Authority exercising their functions) needs oral or written permission of an authorised officer (s 16(2)(a)). This includes people accessing lock walls, weir structures, or adjacent buildings. Fishers and swimmers within 150 metres of any river work face a penalty of 10 penalty units (s 16(2)(f)). That restriction may affect recreational users of the river near locks and weirs, who must keep their distance. Vehicle users are also affected: riding, driving, standing or parking a vehicle on a river work is prohibited except on a formed roadway or defined vehicular track open to the public, or with permission (s 16(2)(e)). The regulation thus imposes restrictions on access to and use of river-side infrastructure.

Finally, persons who might cause ballast, rock, stone or other matter to fall into a lock or onto lock walls are caught by s 16(2)(c), which could apply to construction or maintenance workers on adjacent land, or to anyone disturbing material near a lock.

Masters of vessels have several specific duties. First, when passing through a lock, the master must operate the vessel in accordance with the lock-keeper’s directions (s 5(1)). This is a broad obligation that surrenders control to the lock-keeper while in the lock. Second, the master must give a signal of intention to pass through when the vessel is less than 600 metres but not less than 400 metres from the lock (s 8). The signal must be three prolonged blasts (4-6 seconds each) if the vessel has a whistle or siren, or else by waving a flag or flashing a light. Failure to give this signal is an offence (maximum 10 penalty units) and also gives the lock-keeper a ground to refuse entry under s 14(a). Third, the master must not approach within 150 metres of a lock unless the lock-keeper has given a green proceed signal under s 9. Fourth, before entering the lock, the master must clearly signal to other vessels using a prescribed blast pattern (one prolonged then one short blast) or flag/light (s 10). Fifth, after entering a lock, the master must not leave without the lock-keeper’s permission (s 11). Sixth, when the navigable pass at a weir is closed, the master must not approach within 150 metres of the weir except to use the lock (s 15).

Lock-keepers have substantial rights. They may cause a vessel to be operated if no person on board can comply with directions (s 5(2)). They may unfasten or cut ropes or chains mooring a vessel and obtain any necessary assistance to exercise that power (s 5(3)). They may give precedence to commercial passenger vessels over other vessels regardless of arrival order (s 6(2)). They may refuse permission for a vessel to enter the lock on five grounds: failure to give the approaching signal; insufficient clearance (draught not allowing at least 0.15 metres above the lock floor); insufficient crew, fenders or other equipment to avoid damage; anything projecting from either side of the vessel; or if demolition, construction, reconstruction, repairs or maintenance works are in progress at the lock or an adjacent weir (s 14). These are all objective or partly objective criteria, but “not satisfied the vessel has sufficient crew, and adequate fenders and other equipment” (s 14(c)) involves subjective judgment, creating risk of inconsistent application.

Lock-keepers also have duties: they must acknowledge a vessel’s approaching signal with a red flag or red flashing light (s 8(4)), and must give a proceed signal (green flag or green light) when it is appropriate for the vessel to proceed (s 9(1)). They must give permission for a vessel to leave the lock (s 11). The regulation does not impose a time limit on how long a lock-keeper may delay before giving these signals.

Relevant Authorities have the right to set times for passage through locks and to publish them in a newspaper or on their website (s 7). This is a power, not a duty: they are not required to set times at all. If they do set times, they must be published; but there is no specified minimum notice period or requirement to consider vessel operators’ interests. Authorities also have the right to appoint authorised officers (s 16(4)) and to grant written permissions for certain activities such as entering a river work or riding a vehicle on a river work.

All offences in the regulation carry a maximum penalty of 10 penalty units (s 5(1), 8(3), 9(2), 10(3), 11, 15, 16(1), 16(2)). A penalty unit in NSW is defined by the Crimes (Sentencing Procedure) Act 1999 as $110 at the time of the regulation’s making (though it may be increased by later amendment). Thus the maximum fine per offence is $1,100. This is a relatively low penalty for regulatory offences, which suggests the regulation is aimed at deterrence through the inconvenience of being fined rather than crushing financial penalty. However, multiple offences can be charged for a single passage: for example, failing to give the approaching signal (s 8), entering within 150 metres without a proceed signal (s 9), and failing to signal before entering (s 10) could each be separately prosecuted.

The offences in s 16 are strict or near-strict liability: there is no defence of reasonable excuse built into the provision, except for those that require “without the oral or written permission of an authorised officer”, where having permission is a defence. Boarding or disembarking from a vessel in a lock without permission (s 16(1)(a)), entering a river work without permission (s 16(2)(a)), failing to leave when asked (s 16(2)(b)), causing ballast etc to fall into a lock (s 16(2)(c)), interfering with valves or machinery (s 16(2)(d)), riding or parking a vehicle except as allowed (s 16(2)(e)), and fishing or swimming within 150 metres (s 16(2)(f)) are all criminal offences carrying the same penalty.

Enforcement is carried out by “authorised officers”, defined in s 16(4) to include lock-keepers, members of staff of a relevant Authority, persons appointed in writing by a relevant Authority, and police officers from the Commonwealth, New South Wales, Victoria or South Australia. This gives a broad range of enforcers, including interstate police who may have jurisdiction under cross-border policing arrangements. There is no provision in the regulation for infringement notices (on-the-spot fines); enforcement would presumably proceed by way of court attendance notice, which imposes higher transaction costs on the enforcement body.

The regulation does not create any rights of appeal against a lock-keeper’s refusal to allow entry or against a decision to give precedence to another vessel. A master who is refused entry must simply accept that decision; there is no internal review mechanism in the regulation.

This regulation is made under section 400 of the Water Management Act 2000 (NSW), which is the primary statute. Section 400(1)(f) specifically allows the regulations to provide for the control of vessels in or on water management works, including the regulation of the passage of vessels, the removal of vessels, and the prevention of interference with works. The regulation only uses head (f)(i) (control of vessels passing through works) and (f)(ii) (prevention of interference with works) but not other heads such as removal of vessels. The parent Act also contains provisions about directions to remove vessels (s 400(2)), but those are not relied upon here.

The regulation interacts with the Subordinate Legislation Act 1989 (NSW) in that it was made to avoid the automatic repeal of the previous 2016 regulation. It also interacts with the Interpretation Act 1987 (NSW) for general interpretation matters, as noted in the note to s 3.

Because the Murray River is a shared border river between NSW and Victoria, and the works listed include locks and weirs that are part of the Murray-Darling Basin infrastructure, the regulation explicitly recognises three relevant Authorities: Water NSW (NSW), the South Australian Water Corporation (SA), and the Goulburn-Murray Rural Water Corporation (Vic). This suggests an intergovernmental understanding that each Authority will manage its own locks and works, but the regulation applies only as a NSW statutory instrument. Vessels in Victorian waters passing through the same locks may be subject to parallel Victorian regulations; but the regulation does not say it overrides Victorian law. The lock-keepers may be employees of any of the three Authorities, and the regulation applies to them in NSW jurisdiction. Enforcement by Victorian and South Australian police officers is permitted, which likely reflects cross-border policing arrangements under the Murray-Darling Basin.

The regulation does not interact with Commonwealth navigation laws such as the Navigation Act 2012 or the Marine Safety (Domestic Commercial Vessel) National Law, probably because the Murray River is an inland waterway and the locks are wholly within state jurisdiction. The regulation does not address safety equipment, licensing of masters, or pollution, which are dealt with by other state and federal legislation.

The restriction on fishing and swimming within 150 metres of a river work (s 16(2)(f)) may interact with fisheries regulations under the Fisheries Management Act 1994 (NSW). That Act may impose additional restrictions on fishing near certain structures, but the regulation creates a separate, specific offence that can be enforced by authorised officers under the Water Management Act regime. Similarly, the prohibition on interfering with valves or machinery (s 16(2)(d)) could overlap with offences under the Water Management Act 2000 relating to unauthorised interference with water supply works.

The regulation is a single instrument commencing on the date of publication, with no amendments to date. It repealed and replaced the Water Management (River Murray Traffic) Regulation 2016 (s 17(1)). The 2016 regulation was itself a replacement of earlier instruments. The predecessor was due for repeal on 1 September 2023 under the Subordinate Legislation Act 1989 s 10(2), which automatically repeals regulations after five years unless re-made. The 2023 regulation therefore continues the same regulatory scheme without substantive change, though the source text does not detail differences. The note to s 2 explicitly states this purpose.

The savings provision in s 17(2) provides that any act, matter or thing that had effect under the 2016 regulation immediately before repeal continues to have effect under the 2023 regulation. This would preserve things like permissions granted under the old regulation, or published times for passage, so that they do not lapse on repeal. No transitional provisions address pending prosecutions or applications, but the savings clause would likely cover ongoing administrative arrangements. There are no sunset provisions in the 2023 regulation itself, meaning it will remain in force until repealed or amended.

The source text contains no references to any litigation. There is no note of court interpretations or challenges to the regulation or its predecessor. Given the low penalties and the fact that the regulation is a detailed operational instrument dealing with vessel traffic, it is unlikely to generate reported case law. Disputes would most probably arise as minor prosecutions in local courts, which are rarely published. The broad discretion given to lock-keepers could potentially be challenged on grounds of procedural fairness if exercised arbitrarily, but no cases are mentioned. The regulation’s objective nature (distance, signal blasts, clearance requirements) may reduce the scope for litigation, but the subjective criteria (sufficient crew, adequate fenders) could lead to disputes if a vessel is refused entry and suffers economic loss. Without case law, guidance is limited to the text.

Several provisions in the regulation could catch operators unaware. First, the clearance requirement of 0.15 metres above the lock floor (s 14(b)) is very small. Many vessels, particularly loaded houseboats or cargo vessels, may have a draught that exceeds the lock’s depth minus 0.15 metres. A master who assumes a typical clearance of half a metre may find themselves refused entry. The regulation does not set lock depths; the onus is on the master to know the lock’s depth and the vessel’s draught.

Second, the lock-keeper’s power under s 5(3) to cut ropes or chains gives them a potentially expensive power. If a master is not on board to comply with directions, the lock-keeper can cause the vessel to be operated and may cut moorings to free it. The master bears the risk of loss or damage unless they can prove the lock-keeper acted unreasonably.

Third, the zone of 150 metres from a river work for fishing and swimming (s 16(2)(f)) applies to all works, not just locks. Many recreational fishers cast lines near weir pools and lock tailraces without realising the restriction. The prohibition is absolute; there is no exception for fishing from a vessel or for catch-and-release. Vessel operators who allow passengers to fish from the deck within 150 metres of a lock or weir commit an offence.

Fourth, the order-of-precedence rule gives commercial passenger vessels on established timetables priority (s 6(2)). This could lead to significant delays for recreational vessels during peak tourist seasons. The lock-keeper’s discretion is not qualified by any fairness requirement; they could prioritise a commercial vessel that arrives after several private vessels have been waiting.

Fifth, the requirement to give the approaching signal between 600 and 400 metres from the lock (s 8(2)) may be impractical in low visibility or on narrow winding river reaches where the lock is not visible from that distance. The regulation does not provide an alternative for such conditions.

Sixth, s 16(2)(e) restricts vehicle use on river works to formed roadways or defined vehicular tracks open to the public. Many access roads to locks may be unsealed and not clearly marked as formed roadways; the regulation deems them open unless a barrier, gate, sign or oral direction indicates closure (s 16(3)). A driver who uses a track that is not obviously closed but is also not a “formed roadway” may commit an offence.

Seventh, the definition of “authorised officer” includes any member of staff of a relevant Authority (s 16(4)(b)), which could include administrative employees with no specific training in enforcement. A master asked to leave a river work by a staff member may have no way of verifying that person’s authority.

For masters of vessels, compliance begins before departure. Masters should check the website of the relevant Authority that operates the lock they intend to use for published passage times (s 7). If times are set, the master must schedule the journey to arrive within those windows. Equipment must include a whistle or siren capable of sounding prolonged and short blasts, and if the vessel lacks those, a flag or light (preferably waterproof) that can be waved or flashed. A red light and green light may also be needed for night signals. Masters should measure their vessel’s draught and compare it with the known depth of each lock, ensuring at least 0.15 metres clearance above the lock floor. This may require contacting the relevant Authority for depth data, as the regulation does not mandate publication of lock depths.

When approaching a lock, the master should begin monitoring distance. At 600 metres from the lock (or slightly before), the master should be ready to sound the three-prolonged-blast signal (4-6 seconds each) at the point when the vessel is between 600 and 400 metres away. If the lock-keeper acknowledges with a red flashing light or red flag, the master must wait for a green proceed signal before approaching within 150 metres. Once within 150 metres and before entering the lock, the master must sound the one-prolonged-plus-one-short blast signal to warn other vessels, or use flag/light. The master should also have sufficient crew on board: enough people to handle lines and fenders, and to follow lock-keeper directions. Fenders must be adequate to prevent damage; projections such as outriggers, fishing rods or awnings must be retracted or removed. When inside the lock, the master must not allow anyone to board or disembark without permission from an authorised officer (s 16(1)(a)). The master must not attempt to leave until the lock-keeper gives explicit permission.

If the lock-keeper refuses entry for any reason, the master must accept that decision and may wish to note the reasons given for later review, though no formal appeal mechanism exists. The master should avoid arguing or attempting to force entry, as that would be an offence under s 16(1)(b). For weirs with navigable passes, the master must check whether the pass is open by looking for the day or night markers described in s 13. If the pass is closed, the vessel must not approach within 150 metres of the weir except to use the lock.

For persons using river works (e.g. for maintenance, recreation, or access), they should not enter any lock, weir building, machinery area or other river work unless they are an employee of a relevant Authority performing their duties, or they have obtained oral or written permission from an authorised officer. They must not interfere with valves, gates, or machinery. They must not ride, drive, stand or park a vehicle except on a formed roadway or defined vehicular track that is open to the public (no barrier, gate, or sign prohibiting entry, and no officer stating it is closed). They should not fish or swim within 150 metres of any river work. They must not cause any ballast, rock, stone or other matter to fall into a lock or onto lock walls.

For relevant Authorities and lock-keepers, compliance means publishing passage times as required (s 7), ensuring that lock-keepers are appointed and trained to give and acknowledge signals, and that they understand the grounds for refusal and the limits of their discretion. Authorities should also consider issuing written permissions for access to river works where appropriate, and erecting clear signage indicating open roadways and prohibited areas to reduce inadvertent offences.