Marine Safety Regulation 2016 (2016-308) (NSW)

Marine Safety Regulation 2016

Part 1 Preliminary

1 Name of Regulation This Regulation is the Marine Safety Regulation 2016.

2 Commencement This Regulation commences on 1 July 2016 and is required to be published on the NSW legislation website.

Note— This Regulation repeals and replaces the Marine Safety (General) Regulation 2009, which would otherwise be repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— aerial equipment means equipment by means of which a person is towed, whether by a vessel or otherwise, over water. alpine waters means— (a) the waters of any of the following— (i) Lake Burrinjuck, (ii) Lake Eucumbene, (iii) Lake Jindabyne, (iv) Khancoban Pondage, (v) the Swampy Plains River, (vi) Mannus Lake, (vii) Googong Reservoir, (viii) Blowering Reservoir, (ix) Pejar Dam, (x) Yass River, (xi) Lake Oberon, and (b) all navigable waters within the boundaries of the Kosciuszko National Park. appropriate lifejacket—see clause 120. aquatic activity has the same meaning as in section 18 of the Act. aquatic licence means an aquatic licence issued under Part 5 as either of the following— (a) a licence for commercial aquatic activities, (b) a licence for all other (non-commercial) aquatic activities. boat driving licence means a marine safety licence referred to in section 29 (e) of the Act and issued under Part 5 as either of the following— (a) a general boat driving licence, (b) a personal watercraft driving licence. canoe includes a kayak. channel means an area of navigable waters that, whether or not indicated by navigation marks, provides a passage for vessels. coastal bar means a bar named in Schedule 1, being a shallow area where sediment is deposited across a river mouth, lake, estuary or harbour entrance, and any channel through or around the shallow area, in the approximate location described opposite the name of the bar in that Schedule. current first aid certificate means a first aid certificate of a type approved by Transport for NSW that is in force. diver means a person using or carrying self-contained underwater breathing apparatus (scuba) or any other form of breathing apparatus either under or on the surface of the water. diverting means making an abrupt or sudden change of direction at speed. dolphin means a free standing pile or cluster of piles, acting as a fender or mooring point. dragon boat means a row boat that consists of a single hull and a keel tunnel, and is propelled forward by a crew of paddlers using single bladed paddles. enclosed waters means navigable waters within the land mass of New South Wales such as inland and coastal rivers, inland and coastal lakes and similar waters, and enclosed coastal bays and harbours and includes the waters specified in Schedules 2 and 3. EPIRB means an emergency position indicating radio beacon. fairway means that part of an area of navigable waters that is usually used by vessels for navigation through the area. ferry and ferry service have the same meaning as in the Passenger Transport Act 2014.