South Australian Current Regulations

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HARBORS AND NAVIGATION REGULATIONS 2023 - REG 159

159—Facilities levy

        (1)         For the purposes of section 90AA(1) of the Act, the following vessels, and vessels of the following classes, are exempt from the operation of section 90AA of the Act:

            (a)         a ferry or punt that crosses a river or fairway by means of ropes or cables;

            (b)         vessels without an engine;

            (c)         a ferry operated by the Cooper Creek ferry service (being the ferry operated during flooding of Cooper Creek where it crosses the Birdsville Track);

            (d)         a heritage vessel;

            (e)         commercial vessels owned by SASES;

            (f)         commercial vessels owned by a volunteer marine search and rescue organisation;

            (g)         if the facilities levy is payable on the registration of a vessel and the registration fee is, or was within the 12 months prior to 1 July 2018, waived in relation to a particular vessel—that vessel.

        (2)         Without limiting subregulation (1), for the purposes of section 90AA(1) of the Act, domestic commercial vessels are, on or after 1 July 2018, exempt from the operation of section 90AA of the Act.

        (3)         For the purposes of section 90AA(5) of the Act, the amount of the facilities levy payable by the owner of a vessel is the amount fixed by Schedule 11 in relation to a vessel of the relevant kind.

        (4)         In this regulation—

"heritage vessel" means a vessel that is—

            (a)         in the opinion of the CE, of historical significance; and

            (b)         owned and operated by a not-for-profit organisation that is an institutional member of the Australian Maritime Museums Council; and

            (c)         listed on the Australian Register of Historic Vessels.



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