Western Australian Consolidated Acts

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WESTERN AUSTRALIAN MARINE ACT 1982 - SECT 99

99 .         Regulations in respect of pleasure vessels

        (1)         The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed in respect of the registration, navigation and operation of pleasure vessels and otherwise for giving effect to the purposes of this Part and in particular —

            (a)         providing for the registration and transfer of registration of pleasure vessels or any class of pleasure vessels, whether generally or where registration is limited in respect of time, place or circumstance, and providing for the suspension or cancellation of such registration;

            (b)         prohibiting the navigation of pleasure vessels that cannot safely be navigated;

            (c)         regulating the maintenance and repair of pleasure vessels;

            (d)         prescribing the equipment to be provided on pleasure vessels and for the use and maintenance of such equipment;

            (e)         providing for the inspection of pleasure vessels and their equipment;

            (f)         regulating noise, fumes and smoke arising from the operation of pleasure vessels;

            (g)         prescribing the age of persons who may be in charge of pleasure vessels, or pleasure vessels of any class;

            (h)         providing for the manning of pleasure vessels, generally or in respect of journeys of specified durations;

            (ha)         regulating, controlling or prohibiting water related activities generally or any kind of water related activity specified in the regulations;

                  (i)         regulating or prohibiting the use of specified waters —

                  (i)         by any pleasure vessel or pleasure vessels of any class; or

                  (ii)         for any specified purpose;

            (j)         prescribing safety regulations in respect of the navigation, mooring and berthing of pleasure vessels; and

            (k)         regulating the provision and use on pleasure vessels of lights and signals.

        (2)         Without limiting in any way the powers conferred by subsection (1), the Governor may by regulation empower the chief executive officer to regulate by notice published in the  Gazette times, places, and conditions in respect of any matter or thing for which regulations may be made under subsection (1)(b), (i) and (j) and such a notice has the force of law.

        (3)         Regulations made or a notice published under this section prescribing safety regulations may provide that where the chief executive officer is satisfied that appropriate measures are taken to ensure the safety of competitors, spectators and members of the public generally, specified pleasure vessels or persons or classes of pleasure vessels or persons engaged in aquatic events or exhibitions approved by the chief executive officer may be exempted by the chief executive officer from the requirement to carry all, or a specified part, of the required safety equipment and such an exemption may be granted unconditionally or subject to specified conditions.

        [Section 99 amended by No. 35 of 1990 s. 14 and 21.]



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