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TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 197
Ship operations or activities endangering marine safety
197 Ship operations or activities endangering marine safety
(1) The owner or master of a ship must not anchor, berth, moor or operate the
ship if doing so endangers marine safety. Penalty— Maximum
penalty—100 penalty units.
(2) For subsection (1) , the general manager
may, by gazette notice, state the waters where the anchoring, berthing,
mooring or operating of a ship, or type of ship, endangers marine safety.
Example— The general manager may publish a gazette notice stating that the
operating of a ship within 60m either side of the boundaries of a flagged
swimming area endangers marine safety.
Note— A copy of the current gazette notice under subsection (2) , and the
associated map, are available on MSQ’s website.
(3) A person must not
conduct an activity in waters if doing so in the waters endangers marine
safety. Examples of an activity— waterskiing or tobogganing
Penalty— Maximum penalty—100 penalty units.
(4) For subsection (3)
, the general manager may, by gazette notice, state the waters where the
conducting of a stated activity endangers marine safety. Note— A copy of
the current gazette notice under subsection (4) , and the associated map, are
available on MSQ’s website.
(5) The owner or master of a ship must not
operate the ship within 30m of a diver in the water if a code A flag is
displayed in the vicinity of the diver. Penalty— Maximum penalty—100
penalty units.
(6) However, subsection (5) does not apply to the ship
attending the diver.
(7) In this section—
"code A flag" means a code A flag within the meaning of the International Code
of Signals, 2005 edition, published by the International Maritime
Organization.
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