Australian Capital Territory National Land (Lakes) Ordinance 2022 (Cth)

Australian Capital Territory National Land (Lakes) Ordinance 2022

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated 31 March 2022

David Hurley Governor‑General

By His Excellency's Command

Nola Marino Assistant Minister for Regional Development and Territories Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents Part 1—Preliminary Division 1—Preliminary 1 Name 2 Commencement 3 Authority Division 2—Simplified outline of this Ordinance 4 Simplified outline of this Ordinance Division 3—Interpretation 5 Definitions 6 References to entering a place of inspection Division 4—Application of this Ordinance 7 Application of this Ordinance—National Land 8 Application of this Ordinance—emergencies Part 2—Management and control of a lake 9 Alterations in flow and water level 10 Compensation for damage Part 3—Use of a lake Division 1—Introduction 11 Simplified outline of this Part 12 Offences in Part do not apply to inspectors Division 2—Regulation of use 13 Rules may prescribe areas to regulate use 14 General restrictions on boats 15 Restrictions on swimming and diving 16 Buoys, wharves and jetties 17 Restriction on kind of boat that may use wharf or jetty 18 Mooring permit 19 Mooring offences 20 Speed limits 21 Restrictions on kinds of boats 22 Signs Division 3—Closed areas 23 Closure of lake area for safety, maintenance etc. 24 Closing parts of lake area for events 25 Access to leased or occupied land Division 4—Power boats 26 Restrictions—power boats 27 Authorisation to use power boats 28 Operating power boat near swimming area Division 5—Other prohibitions 29 Anchoring boats at night 30 Use of hovercraft prohibited 31 Houseboats prohibited 32 Camping or caravanning 33 Waterskiing and other prohibited activities 34 Commercial activity 35 Agreements to undertake commercial activities in lake area Division 6—Interference 36 Interfering with use of waters or land 37 Interfering with other boats 38 Interfering with dredges or immobile boats 39 Interfering with navigation aids 40 Interfering with equipment on boats 41 Interfering with safety equipment Division 7—Admission charges 42 Power for Delegate for Lakes to charge for admission 43 Exclusive right of occupation and use Division 8—Exemptions 44 Exemption by Minister 45 Breaching condition of exemption Part 4—Safety Division 1—Simplified outline of this Part 46 Simplified outline of this Part Division 2—Safe operation of boats 47 Operating unsafe boat 48 Reckless or negligent operation of boat 49 Exceeding power rating for boat 50 Minimum distance requirements for power boats 51 Dangerous operation of boat 52 Unsafe towing or pushing of boat or object Division 3—Right of way rules Subdivision A—General 53 Keeping out of the way and keeping course 54 Exception for boat races Subdivision B—Specific right of way rules 55 Sailing boats 56 Power boats 57 Power boats and sailing boats 58 Overtaking 59 Navigating channels Division 4—Conduct of people 60 Dangerous conduct 61 Conduct on power boats 62 Passengers on domestic commercial vessels Division 5—Lights and shapes 63 Liability of persons on boat where no master 64 Visible distance of lights 65 Lights for power boats 66 Lights for sailing boats and boats being rowed 67 Lights for rowing boats, dragon boats, kayaks and canoes 68 Lights for boats at anchor 69 Lights on certain boats restricted in their ability to manoeuvre 70 Shapes on certain boats restricted in their ability to manoeuvre 71 Emergency lights Division 6—Unnecessary use of lights and signals 72 Unnecessary use of distress signals 73 Unnecessary use of warning or guide lights and signals 74 Unauthorised use of emergency patrol signals Division 7—Lifejackets for recreational boats 75 Children under 12 years 76 Wearing a lifejacket on certain recreational boats 77 Direction by master to wear lifejacket on boat 78 Failure to wear lifejackets—defence 79 Owner and operator of boat to ensure lifejackets are available 80 Owner and operator of boat to provide information about lifejackets Division 8—Other safety equipment for recreational boats 81 Application of this Division 82 Owner and operator of boat to ensure safety equipment available 83 Owner and operator of boat to provide information about safety equipment 84 Required safety equipment for recreational boats 85 Required standards for safety equipment Division 9—Hatches and exterior doors on recreational boats 86 Application of this Division 87 Construction 88 Locking hatches and exterior doors Division 10—Safety directions 89 Safe use of lake areas or associated works 90 Passengers on domestic commercial vessels Division 11—Obstructions 91 Lighting and marking obstruction to navigation 92 Removing and disposing of obstruction to navigation 93 Operator of boat must warn of obstruction or danger 94 Obstructing fairways and channels 95 Obstructing wharves and jetties, etc. 96 Obstructing boats 97 Obstructing passengers 98 Obstructing loading or unloading cargo 99 Causing obstruction, nuisance or damage with objects 100 Moving vehicles and boats in lake area Part 5—Drug and alcohol offences 101 Simplified outline of this Part 102 Prescribed concentration of alcohol in blood or breath 103 Defence—lower concentration of alcohol from allowable source 104 Prescribed drug in oral fluid or blood 105 Under the influence of alcohol or drugs 106 Application of Road Transport (Alcohol and Drugs) Act 1977 (ACT) Part 6—Boating accidents 107 Simplified outline of this Part 108 Obligation to stop 109 Obligation to give assistance 110 Obligation to give information when involved in boating accident 111 Obligation to report boating accidents to the Minister 112 Obligation to preserve evidence Part 7—Safety investigations 113 Simplified outline of this Part 114 Safety investigations 115 Appointment of safety investigators 116 People assisting safety investigators 117 Conduct of safety investigations 118 Safety investigator may require people to give information, produce documents or answer questions 119 Safety investigation reports 120 Actions by Minister following safety investigations 121 Public release of safety investigation reports and recommendations 122 Protection from liability Part 8—Enforcement Division 1—Introduction 123 Simplified outline of this Part 124 Powers not to be exercised before identity card shown 125 People assisting inspectors Division 2—Entry and inspection 126 Entering places of inspection 127 Producing identity cards 128 Consent to entry 129 Warrants 130 Warrants—applications made other than in person 131 General powers on entry 132 Power to seize evidence 133 Powers of magistrates Division 3—Boarding of boats 134 Facilitating boarding of boats 135 Directing boats after boarding 136 Requiring information after boarding Division 4—Gathering information 137 Master may be required to answer questions 138 Master may be required to produce records 139 Requirement to provide information about owner or master of boat Division 5—Seizing boats 140 Inspector may seize boat 141 When Commonwealth to pay compensation relating to seizure 142 Owner to pay costs of seizure Division 6—Dealing with things seized 143 Receipts for things seized 144 Access to things seized 145 Return of things seized 146 Disposal of things seized Part 9—Administration 147 Simplified outline of this Part 148 Declaration of area as lake 149 Delegate for Lakes 150 Inspectors 151 Identity cards for inspectors Part 10—Miscellaneous 152 Simplified outline of this Part 153 Acts and omissions of representative of individual 154 Privilege against self‑incrimination 155 Fees for making applications 156 Compensation for acquisition of property 157 Rules Part 11—Application, savings and transitional provisions Division 1—Transitional provisions relating to commencement of this Ordinance 158 Definitions for this Division 159 Approval of buoys, wharves and jetties 160 Mooring permits 161 Use of power boats 162 Commercial activities