Western Australian Marine (Infringements) Regulations 1985 (WA)

Western Australia Western Australian Marine Act 1982 Western Australian Marine (Infringements) Regulations 1985 Western Australia Western Australian Marine (Infringements) Regulations 1985 Contents 1. Citation 1 2. Commencement 1 3. Modified penalties 1 4. Forms 1 5. Offence of unauthorised endorsement or alteration of infringement notices 1 Schedule 1 — Modified penalties Schedule 2 — Forms Notes Compilation table 1 Defined terms Western Australian Marine Act 1982 Western Australian Marine (Infringements) Regulations 1985

1. Citation These regulations may be cited as the Western Australian Marine (Infringements) Regulations 1985.

2. Commencement These regulations shall come into operation 3 months after the day on which they are published in the Gazette. [3A. Deleted: SL 2024/191 r. 47.]

3. Modified penalties The amount specified in the fourth column of Schedule 1 opposite the description set out in the third column of that Schedule of an offence created by the provision specified opposite thereto in the second column of that Schedule is the modified penalty in respect of that offence for the purposes of section 132(1) of the Act.

4. Forms The several forms specified in Schedule 2 are prescribed for the respective purposes for which forms are required by sections 132(1), 132(5), 133(2) and 134(1) of the Act.

5. Offence of unauthorised endorsement or alteration of infringement notices (1) A person who, not being an authorised person or a designated officer, makes any endorsement on, or alteration to, an infringement notice commits an offence and is liable to a penalty not exceeding $200. (2) In subregulation (1) — authorised person, designated officer and infringement notice have the respective meanings given to them by section 132(11) of the Act. Schedule 1 — Modified penalties [r. 3] [Heading inserted: Gazette 13 Nov 2009 p. 4538.] Modified Item Navigable Waters Regulations 1958 Description of offence penalty $ 1 6A Failing to comply with directions 200 1AA 10(a) Obstructing, impeding or interfering with passage of vessel approaching or leaving public jetty or bridge 100 1AB 10(b) Causing a nuisance to any person on, in or about vessel, public jetty or bridge 100 1AC 10A(b) (as read with r. 20) Swimming from or near public jetty or bridge specified in notice or within area of navigable waters defined in notice 100 1A 14 Vessel travelling so as to cause nuisance or damage 160 1B 14A(a) Navigating vessel so as to endanger safety of vessel or person 200 2 14A(b) Navigating vessel so as to obstruct, impede or interfere with other vessel 160 3 14B Permitting person to expose portion of body to risk of injury beyond hull limits of vessel 60 4 15(1) Motor boat towing more than one vessel through or under bridge 60 [5 deleted] 6 19A Vessel exceeding speed of 10 knots between sunset and sunrise — (a) by not more than 10 knots 160 (b) by more than 10 knots 200 7 19B Using or setting off signal, flare, rocket or other distress signals, except in case of emergency or vessel in distress, without prior written permission of Department 200 8 19C(1) Failing to exhibit on vessel required diving flag 100 8A 19C(3) Failing to display required lights on vessel from which a person is diving 100 8B 19D(1)(a) Failing to display a diving flag at the place where the person is diving 100 8C 19D(1)(b) Failing to display required lights when diving at night otherwise than from a vessel 100 9 19E(1) Failing to maintain distance of 50 m between vessel and place or other vessel displaying diving flag or, during the hours of darkness, the appropriate signal, or failing to reduce speed of vessel to slowest navigable speed whilst passing within 50 m of that place or other vessel 200 10A 19E(4A) Failing to proceed at a safe speed or maintain a proper look out while in the vicinity of a place or vessel displaying a diving flag or appropriate signal, but at least 50 m clear of that place or vessel 200 10 42(a) Anchoring or mooring vessel in fairway or channel when not in distress 60 11 42(c) Placing cable or rope or other obstruction across fairway or channel without written permission of Department 100 12 43(a) Obstructing channel or fairway with net or buoyed objects 120 13 45B(1)(a) Using or having on navigable waters unregistered registrable vessel 160 14 45B(1)(b) Failing to have current boat registration label properly affixed to vessel 80 15 45B(7) Failing to have registrable vessel legibly marked with registration number 80 16 45B(8) Registrable vessel failing to have required identification marking when proceeding north of Geraldton 60 17 45BA(4)(c) Use of vessel with incorrectly affixed dealer plates 60 18 45D(1)(a) Failing to produce certificate of registration of vessel within specified time 40 19 45D(1)(b) Failing to notify Department of change of registered particulars, or of address of owner, of vessel within 15 days 120 20 45E(1)(a) Failing to furnish purchaser of vessel with registration certificate 60 21 45E(1)(b) Failing to notify Department of sale or disposal of registered vessel within 7 days 60 22 45E(2)(a) Failing to apply for transfer of registration within 15 days of acquisition of registered vessel 120 23 45E(3) Failing to notify Department of loss of registered vessel within 15 days 60 [23A-23D deleted] 23E 47A(3) Person between 10 and 14 driving an RST vessel unless under supervision 200 Person between 14 and 16 driving an RST vessel unless — 23F 47A(4) (a) holding a recreational skipper's ticket and driving at not more than 8 knots and during the daytime; or 200 (b) under supervision 23G 47A(5) Person over 16 driving an RST vessel unless holding a recreational skipper's ticket or under supervision 200 23H 47A(6) Allowing RST vessel to be driven in contravention of regulation 47A 200 23I 47H Failing to produce recreational skipper's ticket on request 200 23J 47I Holder of recreational skipper's ticket failing to notify change of details 120 24 48(a)(i) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in water with a depth of less than 3 m 160 24A 48(a)(ii) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a river bank or low water mark 160 24B 48(b) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing in or through mooring 160 area 24C 48(c) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 15 m of a vessel underway 160 24D 48(d)(i) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a moored vessel 160 24E 48(d)(iii) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a person in the water 200 24F 48(d)(iv) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing within 50 m of a jetty or wharf 160 24G 48(e) Driving a motor boat at a speed exceeding 8 knots or water ski‑ing or para‑sailing through an arch of a bridge 160 25 48A(2) Driving motor boat towing para‑sailor or water skier in area not set aside for purpose 200 26 49(1) Towing para‑sailor or water skier without observer in towing speed boat 160 27 49(2) Driver of or observer in speed boat towing para‑sailor or water skier failing to maintain constant lookout or watch 120 [28 deleted] 29 49C Failing to drive speed boat at least 50 m behind water skier or other boat 120 30 49D Driver of boat about to take off failing to yield right of way to speed boat landing water skier 60 31 49E Trailing ski rope within 30 m of shore in water ski 60 area 32 49G Failing to keep speed boat towing water skier at least 30 m from shore when not engaged in landing or taking off water skier 60 33 49H Driver of speed boat failing to maintain correct distance after landing water skier before retrieving tow line or thereafter driving speed boat at more than 8 knots or so as to interfere with or obstruct other boat towing water skier 120 34 49I Driver of speed boat failing to maintain distance of 25 m from shore when landing water skier 60 35 49J Sitting on gunwale or back of driving seat when driving speed boat 60 36 49K Water skier failing to retrieve water ski 60 37 49M(a) or (b) Using navigable waters for purpose of slalom course or ski‑jump — (a) without prior written permission of Department 100 (b) without required marker buoys and 60 pennants 38 50(1) Driving motor boat towing water skier between sunset and 8 am on Swan River or between sunset and 9 am on Canning River 200 38A 50A(2) Freestyle driving, surfing or wave jumping in a prohibited area 200 Freestyle driving, surfing or wave jumping within — 38B 50A(3) (a) 30 m of another personal watercraft; or 200 (b) 50 m of any other vessel or person 38C 50B(3) and (4) (as read with (8)) Person over 12 years failing to wear appropriate lifejacket 200 38D 50B(5) (as read with (8)) Person over 12 years required to wear appropriate lifejacket failing to produce the lifejacket they are wearing to officer of Department on demand 160 38E 50B(6) (as read with (9)) Master of a vessel failing to ensure that an appropriate lifejacket is worn by a person on the vessel 200 38F 50B(7) (as read with (9)) Master of a vessel failing to produce to officer of Department on demand a lifejacket being worn by a person on board who is under 12 and required to wear an appropriate lifejacket 160 39 51 Using motor boat not fitted with efficient silencer approved by Department 160 40 51A Causing or permitting motor boat to emit smoke or vapour causing danger, nuisance or annoyance . 160 [40A, 41 deleted] 42 52A(2) Failing to equip registrable vessel with required number of lifejackets 200 42A 52A(3) Failing to equip non‑registrable vessel while outside protected waters and more than 400 m from any shore with required number of lifejackets 200 43 52B Failing to equip pleasure vessel while outside protected waters and more than 400 m from any shore with required number of distress signals 160 43A 52BAA Failing to equip vessel that proceeds more than 4 nautical miles from any shore with a marine transceiver 200 Failing to equip pleasure vessel that is outside protected waters and more than 400 m from any shore with — 43B 52BAB (a) an Electronic Position‑Indicating Radio Beacon; or 200 (b) a personal locator beacon attached to a person on board the vessel 44 52BA(1)(a) Failing to maintain items of safety equipment of vessel in serviceable condition 160 45 52BA(1)(b) Failing to have safety equipment of vessel readily accessible to all persons on board 160 46 52BA(3) Failing to produce items of safety equipment to officer of Department on demand 160 46A 52BB Failing to maintain lifejacket worn on personal watercraft in serviceable condition 200 [47 deleted] 48 52G Failing to display navigation lights on small motor boat as required 200