Harbors and Navigation Regulations 2023 (SA)

South Australia Harbors and Navigation Regulations 2023 under the Harbors and Navigation Act 1993

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Incorporation of codes and standards Part 2—Administration 5 Approvals 6 Exclusion of property from vesting in Minister Part 3—Exemptions and exclusions from certain provisions of Act 7 Pilotage of Royal Australian Navy vessels 8 Licences for aquatic activities—River Murray, Adelaide Dolphin Sanctuary and marine parks Part 4—Vessels 9 Determination of length of vessels Part 5—Restricted areas and restrictions on use of certain waters 10 Restricted areas 11 Special rule in relation to sailing on Port Adelaide River 12 Special rule in relation to swimming etc near Glenelg breakwaters 13 Certain vessels not to be operated in unprotected waters Part 6—Activities in relation to wharves other than in harbors Division 1—Preliminary 14 Interpretation Division 2—General activities 15 Obstructions on wharves 16 Obstruction of landing places 17 Unauthorised activity on wharf Division 3—Vehicles and pedestrians 18 Application of Division 19 Traffic signs 20 Traffic and other directions 21 Parking signs and markings 22 Removal of vehicles 23 Signs 24 Permits 25 Evidence Part 7—Harbors and ports Division 1—Preliminary 26 Interpretation 27 Definition of harbor boundaries 28 Constitution of ports Division 2—General activities 29 Obstructions on wharves 30 Obstruction of landing places 31 Unauthorised activity on wharf 32 Use of rail trolley 33 Removal of stevedoring gear after use 34 Directions relating to dangerous or objectionable cargo 35 Damage etc caused by cargo 36 Discharge of liquid on wharves 37 Abandoned cargo 38 Unauthorised entry to wharf or contiguous land 39 Watch officers in harbors 40 Tugs 41 Fuel in vehicles etc 42 Operation of motors in cargo spaces 43 Mooring lines in harbors 44 Use of vessel engines in harbors 45 Mooring and unmooring of vessels in certain harbors 46 Swimming in harbors Division 3—Vehicles and pedestrians 47 Application of Division 48 Traffic signs 49 Traffic and other directions 50 Parking signs and markings 51 Removal of vehicles 52 Signs 53 Permits 54 Evidence Division 4—Records 55 Notice of entry 56 Certain papers to be produced 57 Notice of leaving 58 Cargo manifests 59 Production of documents relating to cargo Division 5—Pilotage 60 Licensing of pilots—qualifications 61 Duration of pilot's licence 62 Pilotage exemption certificates 63 Duration and renewal of pilotage exemption certificates 64 Application for pilot's licence or pilotage exemption certificate 65 Replacement licences and certificates 66 Obligations of pilot or master 67 Records to be kept by holder of pilotage exemption certificate 68 Compulsory pilotage Part 8—Certificates of competency etc Division 1—Applications under this Part 69 Application for boat operator's licence etc 70 Exemptions from section 47 of Act 71 Requirements for applicants for boat operator's licence 72 Endorsement of boat operator's licence 73 Special permits 74 Issue of temporary boat operator's licence 75 Obligations of holder of boat operator's licence or special permit 76 Replacement boat operator's licence or special permit Division 2—Recognition of experience and qualifications etc 77 Equivalent experience and qualifications etc 78 Recognition of other qualification as equivalent of certificate of competency Part 9—Registration, hull identification numbers and Australian Builders Plates Division 1—Preliminary 79 Interpretation Division 2—Registration Subdivision 1—Registration of vessels 80 Application for registration 81 Grant of registration 82 Certificate of registration 83 Marking of vessel 84 Transfer of registration 85 Refund of registration fees 86 Replacement certificates of registration 87 Notification of change of name or address Subdivision 2—Temporary registration 88 Temporary registration Subdivision 3—Cancellation of registration etc 89 Cancellation of registration or temporary registration 90 Return of certificate of registration Subdivision 4—Exemptions from requirement that vessel be registered 91 Application for exemption 92 Exemptions from requirement to be registered and marked Subdivision 5—Trade plates 93 Trade plates 94 Return of trade plates, certificates of issue of trade plates or trade plate labels 95 Replacement trade plates, certificates of issue of trade plates or trade plate labels Subdivision 6—Hull identification numbers (HIN) 96 Interpretation 97 Fixing HIN plates to vessels 98 Unauthorised removal of a HIN plate 99 Appointment of boat code agents 100 Boat code examiners 101 Adding letters and numbers to HIN 102 Forming a HIN into the fabric of a vessel 103 Interim boat code certificate 104 Boat code certificate 105 Register of HINs and vessels Subdivision 7—Australian Builders Plate 106 Interpretation 107 Vessels to which Part 9 Division 4 of Act applies 108 Australian Builders Plate 109 Certain vessels declared to be constructed before commencement of section 64B of the Act 110 Modification of ABP Standard Part 10—Safety Division 1—Equipment and marking requirements 111 Equipment and marking requirements 112 Emergency position indicating radio beacons (EPIRBs) Division 2—General rules of navigation 113 Navigation at sea 114 Navigation in inland waters 115 Navigation in rivers and channels Division 3—Speed restrictions 116 Speed restrictions Division 4—Lifejackets and miscellaneous provisions 117 Lifejackets to be worn on certain vessels 118 Personal watercraft must display approved notice 119 Personal watercraft only to be used during certain hours 120 Means of escape 121 Excess persons on vessel Division 5—Water skiing and similar activities 122 Obligations of person towed by vessel 123 Obligation of person being towed 124 Obligation of operator of vessel towing a person 125 Obligation of operator of vessel around water skiers etc 126 Operating another vessel too close to person being towed Division 6—Diving signals 127 Signals when divers working Division 7—Fishing nets and set lines 128 Interpretation 129 Mesh nets and set lines 130 Drop nets, drum nets, hoop nets and shrimp traps 131 Positioning of fishing apparatus 132 Offence of using fishing apparatus contrary to this Division Division 8—Rules for certain bridges 133 Birkenhead Bridge 134 Port River Expressway Bridges 135 Exemptions 136 Hindmarsh Island Bridge 137 Jervois Bridge 138 Kingston Bridge 139 Paringa Bridge Division 9—Miscellaneous 140 Vessels excluded from vicinity of oil rigs 141 Vessels excluded from vicinity of vessels engaged in transfer of petroleum 142 Vessels excluded from vicinity of transhipment points in Spencer Gulf 143 Nuisance 144 Use of spotlights 145 Emissions and discharges 146 Work involving flame or flash 147 Misuse of signals 148 Smoking and use of combustion equipment in vicinity of hold 149 Anchors not to be used in certain areas 150 General defence Part 11—Accidents 151 Minor accidents involving vessels need not be reported 152 Particulars required in accident report Part 12—Boat havens 153 Interpretation 154 Moorings not to be laid without approval 155 Permit to moor vessel in boat haven 156 Cancellation of permits 157 Orders 158 Removal of vessel and disposal of vessel if unclaimed Part 13—Facilities Fund 159 Facilities levy 160 Boating facility advisory committee Part 14—Miscellaneous 161 Discharging ballast water prohibited in specified waters 162 Directions relating to ballast water 163 Court of Marine Enquiry assessors 164 False statements 165 Signs 166 Waiver, remission and reduction of fees and payment in instalments Schedule 1—Smooth and partially smooth waters Part 1—Smooth waters Part 2—Partially smooth waters Schedule 2—Operational areas for restricted vessels Schedule 3—Definition of harbor boundaries Schedule 4—Ports Schedule 5—Restricted areas Part 1—Identification of restricted areas 1 Identification of restricted areas Part 2—Identification of controls 2 Identification of controls Part 3—Controls applying in particular areas 3 Controls applying in particular areas 4 Non‑application of controls to certain vessels in Angas Inlet 5 Non‑application of controls to certain vessels in Glenelg Area 3 and West Beach Area 2 6 Non‑application of controls to certain vessels at Henley Beach 7 Non‑application of controls to certain vessels in Lake Bonney (South East) 8 Non‑application of controls to certain vessels in Murray Bridge Area 2 9 Non‑application of controls to certain vessels at Port Bonython, Port Stanvac and Whyalla 10 Non‑application of controls to certain vessels in Thistle Island Areas 1 and 2 11 Non‑application of controls to certain vessels in Yankalilla Bay 12 Expiry of certain provisions relating to Yankalilla Bay Schedule 6—Structural equipment and marking requirements for vessels 1 Hatches and exterior doors 2 No open exhausts 3 Compliance plate—maximum load 4 Life saving appliances, fire appliances and miscellaneous equipment 5 Exemptions from requirement for appliances and equipment 6 Minimum standard of equipment 7 Placement of equipment 8 Buoyancy requirements for certain vessels Schedule 7—Speed restrictions in certain waters 1 7 knot limit—all vessels 2 4 knot limit—all vessels 3 4 knot limit—personal watercraft Schedule 8—Vessels without compliance plate—maximum number of persons 1 Maximum number of persons that may be carried on vessel that does not have compliance plate Schedule 9—Boat havens Schedule 10—Notice requirements Schedule 11—Fees and levies 1 Interpretation 2 Fees and levies payable to CE 3 Dishonoured cheque or debit card or credit card transactions 4 Facilities levy 5 Fees Schedule 12—Expiation fees 1 Expiation of alleged offences 2 Expiation fees Legislative history