(1) A person who
operates a vessel at a speed in excess of 4 knots—
(a) in
or through a mooring area or boat haven; or
(b)
within 30 m of a jetty, wharf or other place at which a vessel is being
removed from the water or placed into the water; or
(c)
within 30 m of any vessel that may be adversely affected by the wash of
the vessel; or
(d)
within 50 m of—
(i)
a person in the water; or
(ii)
a vessel or buoy on which is displayed a flag indicating
that there is a diver below (International Code Flag A); or
(iii)
a person in or on a canoe, kayak, surf ski, surfboard,
sailboard, kiteboard or similar small unpowered recreational vessel; or
(e)
within 100 m of a ferry crossing,
is guilty of an offence.
Maximum penalty: $1 250.
(2) Despite
subregulation (1)(a), but subject to any other provision of the Act, a
person may operate a vessel within the marked channel in the
Port MacDonnell Boat Haven at a speed not exceeding 7 knots.
(3) A person who
operates a vessel within the waters specified in Schedule 7 at a speed in
excess of that applicable to those waters in accordance with that Schedule is
guilty of an offence.
Maximum penalty: $1 250.
(4) It is a defence to
a charge of an offence under this regulation for the defendant to prove that
the defendant was taking part in a rescue operation or otherwise acting in an
emergency, or taking part in a surf lifesaving activity conducted by a surf
lifesaving club.
(5) This regulation
does not apply in relation to an authorised person operating a vessel
if—
(a) the
authorised person is acting in the course of official duties; and
(b) in
the circumstances, the authorised person is taking reasonable care.
(6) In this
regulation—
"boat haven" has the same meaning as in Part 12.