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Lakes Ordinance 1976

In accordance with the Lakes Ordinance 1976, the National Capital Authority manages Lake Burley Griffin on behalf of the Commonwealth.

Lakes Ordinance 1976

Index

Provisions of the Lakes Ordinance 1976

  • as in force immediately before Self-Government day (11 May 1989); and
  • as modified by the National Land Ordinance 1989;
  • and having effect with respect to National Land by virtue of the National Land Ordinance 1989

An Ordinance to provide for the Administration, Control and Use of Certain Lakes.

 

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Part I - Preliminary

Short title

1.This Ordinance may be cited as the Lakes Ordinance 1976.2

Commencement

2. This Ordinance shall come into operation on such date as is fixed by the Minister by notice published in the Gazette.1

Repeal

3. The Ordinances set out in Schedule 1 are repealed.

Interpretation

4. (1) In this Ordinance, unless the contrary intention appears-

'associated work' includes a wharf or jetty, the property of the Commonwealth, erected within a lake area;
'boat' includes launch, yacht, canoe, raft, pontoon and anything capable of carrying persons or goods through or on water;
'closed area' means a part of a lake declared by the Minister under section 22 to be a closed area;
'commercial activities' means:

  1. selling, or offering for sale, food, drink or other articles or goods;
  2. letting, or offering to let, on hire bicycles, boats or other articles;
  3. carrying, or offering to carry, passengers, articles or goods in or on a boat for fee or reward;
  4. carrying, or offering to carry, passengers, articles or goods in or on a horse-drawn vehicle;
  5. carrying on the business of boat repair; or
  6. undertaking such other activities as are prescribed for the purposes of this definition;

'Dairy Bridge' means the bridge by which Dairy Road is carried across the Molonglo River;
'delegate of the Minister' means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 6;
'foreshores' means-

  1. in relation to Lake Ginninderra-the land described in Schedule 2; and
  2. in relation to any other lake-the area of land bounded by the level of the lake and an imaginary line drawn at a distance of 100 metres from the high water level of the lake,

other than land held under lease from the Commonwealth or occupied with the authority of the Commonwealth or by virtue of a law in force in the Territory;

'inspector' means an inspector appointed under section 8;
'lake' means Lake Burley Griffin, Lake Ginninderra or any other body of water declared by the Minister under section 5 to be a lake;
'lake area' means the area comprising a lake, the foreshores of the lake and the islands (if any) in the lake;
'Lake Burley Griffin' means the waters of the Molonglo River lying between Scrivener Dam and Dairy Bridge;
'Lake Ginninderra' means that body of water lying within the land described in Schedule 2;
'owner', in relation to land, includes any person having an estate or interest in the land;
'Police Force' means police force of the Territory;
'power boat' means a boat propelled by mechanical power;
'prohibited area' means a part of a lake declared by the Minister under section 21 to be a prohibited area;
'sports club' means an association or body of persons, whether incorporated or not, established for sporting or athletic purposes;
'this Ordinance' includes the Regulations;
'visible', in relation to a light, means visible on a dark night with a clear atmosphere.

(2) In this Ordinance, a reference to a part of a lake area or an associated work by name is a reference to the part of the lake area or associated work so named by virtue of a determination under the National Memorials Ordinance 1928.

(3) For the purposes of this Ordinance-

  1. a boat that is under power and under sails shall be deemed to be a power boat;
  2. a boat shall be deemed to be under way if it is not at anchor, moored, made fast to the shore or a jetty or aground.

(4) A reference in a provision of this Ordinance to a prescribed fee shall be read as a reference to the fee determined under section 5A for the purposes of that provision.

Declaration of area as lake

5. The Minister may, by notice published in the Gazette, declare an area to be a lake for the purposes of this Ordinance.

Power of Minister to determine fees

5A. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Ordinance.

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Part II - Administration

Delegate of the Minister

6. The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.

Powers of delegate

7. The delegate of the Minister has such powers as are conferred upon him by this Ordinance and, in addition, has all the powers of an inspector.

Inspectors

8. (1) The Minister may, by writing under his hand, appoint a person to be an inspector for the purposes of this Ordinance.

(2) The Minister shall issue to an inspector a certificate stating that he is an inspector for the purposes of this Ordinance.

Powers of inspectors etc.

9. (1) For the purposes of this Ordinance, an inspector or a member of the Police Force may-

  1. where he has reasonable grounds for believing that an offence against this Ordinance is being, or has been, committed, enter and inspect any place, premises, vehicle or boat in a lake area; and
  2. give such reasonable directions to persons using a lake area and associated works as are in his opinion necessary for the safe and proper use of the lake area and associated works.

(2) Where a notice has been signed by the Minister for the purpose of subsection 21 (1) but the notice has not been published in accordance with that subsection, an inspector or a member of the Police Force may, on production of a copy of the notice, direct a person who is in the lake area of the lake specified in the notice to leave that area.

(3) For the purposes of paragraph (1) (b) or subsection (2), an inspector or member of the Police Force may drive a vehicle or navigate a boat or use, ride upon or cause himself to be carried or drawn on a vehicle or boat within a lake area and, when so doing, shall not be liable for the payment of any fare ordinarily chargeable for the hire or use of the vehicle or boat.

(4) An inspector who enters any place, premises, vehicle or boat in pursuance of this Ordinance is not authorized to remain in or on the place, premises, vehicle or boat if, on request by the occupier or person in charge of the place, premises, vehicle or boat for production of the certificate issued to him under subsection 8 (2), the inspector does not produce the certificate.

Obstruction of inspectors

10. A person shall not, without lawful excuse-

  1. obstruct, hinder or molest an inspector in the exercise of his powers under this Ordinance; or
  2. refuse or fail to comply with a direction given by an inspector in pursuance of this Ordinance.

Penalty:

  1. in the case of a natural person-$1,000 or 6 months imprisonment, or both; and
  2. in the case of a body corporate-$5,000.

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Part III - Control of a lake

Rights in lake waters etc.

11. (1) The right to the use and flow and to the control of the water in a lake and of the waters of all rivers, streams and creeks flowing into a lake is, subject to this Ordinance, vested in the Commonwealth and no right to the use and flow and to the control of the water in a lake or those waters shall be acquired by a person exept as provided by or under this Ordinance or any other law in force in the Territory.

(2) Subsection (1) does not affect the rights of an owner of land held from the Commonwealth under a lease for a term greater than 20 years, being land through which a river, stream or creek flowing into a lake passes.

Unauthorised taking of water

12. (1) A person shall not take water from a lake unless-

  1. he has been authorized in writing by the Minister so to do; and
  2. the taking is in accordance with the conditions and requirements, if any, specified in the authority given to him by the Minister.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(2) A person shall not take water from a river, stream or creek flowing into a lake unless-

  1. the taking of the water is in pursuance of a right acquired by him by or under this Ordinance or any other law in force in the Territory; or
  2. he has been authorized in writing by the Minister so to do and the taking is in accordance with the conditions and requirements, if any, specified in the authority given to him by the Minister.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(3) The Minister may, by notice published in the Gazette, declare that a specified period is, for the purposes of this subsection, a period of emergency and, notwithstanding that a person has acquired by or under this Ordinance or any other law in force in the Territory the right to take water from a river, stream or creek flowing into a lake, such a person shall not, during the period of emergency, take water from a river, stream or creek flowing into the lake unless-

  1. the Minister has given to him an authority in writing under this subsection authorizing him to take water from the river, stream or creek; and
  2. the taking is in accordance with the conditions and requirements, if any, specified in the authority given to him by the Minister.

Alterations in water level etc.

13. (1) For the purposes of the maintenance and preservation of a lake and the maintenance, testing and preservation of associated works, the Minister may authorize-

  1. a raising or lowering, by any means, of the level of water in a lake;
  2. stopping the flow, or reducing the rate of flow, of water from a lake; or
  3. the flow, or an increase in the rate of flow, of water from a lake.

(2) The Minister shall cause such action to be taken as is necessary to minimise detriment, inconvenience and damage that may result from the doing of an act authorized under subsection (1).

Compensation for damage

14. (1) Where any land is injuriously affected by the doing of an act authorised by the Minister under subsection 13 (1), the owner of the land-

  1. shall be paid compensation by the Commonwealth; and
  2. is not entitled to any other remedy or relief,

in respect of the injurious affection of the land.

(2) Compensation referred to in subsection (1) shall be determined by the Minister.

(3) This section does not exclude or limit any liability of the Commonwealth or a person apart from this section in respect of a matter in relation to which compensation is not payable under this section.

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Part IV - Use of a Lake

Division 1 - General

Erection of signs

15. The Minister may, by a sign erected, placed or displayed in such manner as he thinks necessary within a lake area-

  1. specify an area in the vicinity of, and defined in, the sign as-
    1. a launching area;
    2. a mooring area;
    3. a beaching area;
    4. an area within which embarkation on to, or disembarkation from, a boat is not permitted;
    5. an area within which the embarkation on to, or disembarkation from, a boat other than a boat of a kind specified in the sign is not permitted;
    6. an area within which the landing of boats is not permitted; or
    7. an area within which bathing or swimming in, or diving into, the lake is not permitted; or
  2. convey information or warning to persons using the lake area.

Prohibitions relating to boats etc.

16. A person shall not-

  1. place a boat in or take a boat from, or cause or permit a boat to be placed in or taken from, a lake except within an area specified under section 15 as a launching area;
  2. moor a boat, or cause or permit a boat to be moored, on a lake except within an area specified under section 15, as a mooring area;
  3. beach, clean or repair a boat, or cause or permit a boat to be beached, cleaned or repaired, within a lake area except within an area specified under section 15, as a beaching area;
  4. embark or permit another person to embark on to, or disembark or permit another person to disembark from, a boat within an area specified under section 15, as an area within which embarkation on to, or disembarkation from, that boat is not permitted; or
  5. land a boat, or cause or permit a boat to be landed, on the shore of a lake, or an island in a lake, within an area specified under section 15 as an area within which the landing of boats is not permitted.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Prohibitions relating to swimming etc.

17. A person shall not-

  1. bathe or swim in, or dive into, a part of a lake that is directly underneath a bridge;
  2. dive into the waters of a lake from a bridge; or
  3. bathe or swim in, or dive into, a part of a lake that is within an area, specified by a sign erected, placed or displayed under section 15, as an area within which bathing or swimming in, or diving into, a lake is prohibited.

Penalty: $500.

Interference with signs

18. A person shall not remove, move, damage, deface, obscure, cover up, or otherwise interfere with a sign erected, placed or displayed within a lake area under section 15 unless he is acting under the authority of the Minister.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Approved buoys, wharves and jetties

19. (1) The Minister may, upon application made to him in writing, and upon payment of the prescribed fee approve, subject to such conditions, if any, as he thinks necessary, the anchoring of a buoy in a lake or the erection of a wharf or jetty within a lake area.

(2) A person shall not, except with the approval of the Minister and in accordance with the conditions, if any, imposed by the Minister under subsection (1), anchor a buoy in a lake or erect or commence to erect a wharf or jetty within a lake area.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(3) Subject to section 20, a person shall not moor a boat or permit a boat to be moored within an area specified under section 15 as a mooring area except to a buoy, the anchoring of which, or to a wharf or jetty, the erection of which, has been approved by the Minister under subsection (1).

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Restrictions on mooring

20. (1) The Minister may, by a sign erected, placed or displayed on or near a wharf or jetty belonging to the Commonwealth within a lake area, restrict the mooring of boats to the wharf or jetty to boats of a kind specified in the sign.

(2) Where a sign is, under subsection (1), erected, placed or displayed on or near a wharf or jetty, a person shall not moor, or cause or permit to be moored, to the wharf or jetty a boat other than a boat of a kind specified in the sign.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Prohibition of use of lake area or parts of lake

21. (1) Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, prohibit entry to a lake area.

(2) Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, declare an area of a lake to be a prohibited area.

(3) The Minister shall not prohibit entry to a lake or declare an area of a lake to be a prohibited area unless-

  1. the condition of the waters of a lake or that area, as the case may be, is such as to constitute a threat to the health of a person entering those waters;
  2. the prohibition or declaration is reasonably necessary in connexion with the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work;
  3. the Commissioner of Police has given to the Minister a certificate in writing stating that the prohibition or declaration, as the case may be, is reasonably necessary to enable members of the Police Force of the Territory to carry out their duties in a lake or in a lake area;
  4. by reason of an emergency in a lake or a lake area, it is necessary or desirable to do so; or
  5. to do so is otherwise in the public interest.

(4) The Minister may cause a boundary of a prohibited area to be defined by such means as he thinks necessary.

(5) A person shall not, while a notice under subsection (1) is in force in respect of a lake area, enter, or remain in that lake area after he has been informed by an inspector or a member of the Police Force that a notice under subsection (1) is in force in respect of that lake area and that entry to that lake area is prohibited.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(6) A person shall not enter, or remain in, an area of a lake that is a prohibited area after he has been informed by an inspector or a member of the Police Force that that area is a prohibited area and that it is an offence to enter, or remain in, that area.

Penalty:

  1. in the case of a natural person-$500; and
    1. in the case of a body corporate-$2,500.

(7) It is defence to a prosecution for an offence against subsection (5) or (6) for the defendant to prove that he was in the lake area or the prohibited area, as the case may be, with the consent in writing of the Minister and in accordance with the conditions (if any) subject to which that consent was given.

(8) Subsections (5) and (6) do not apply to-

  1. a person concerned in, or employed or engaged in or in connection with, the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work;
  2. an Australian public servant or a Territory public servant;
    1. a member of the staff of an authority established for a public purpose by or under a Territory Act or a law of the Commonwealth;
  3. an inspector; or
  4. a member of the Police Force,

who enters a lake area or a prohibited area in the execution of his duty or for the purposes of his employment or engagement.

Closing of parts of a lake for regattas etc.

22. (1) The Minister may, by notice published in a daily newspaper circulating in the Territory, declare a part of a lake to be a closed area for the period specified in the notice.

(2) The Minister may authorize the conduct of a function, being a regatta, exhibition, sporting contest or other display approved by him, within a closed area by an association of persons, whether incorporated or not.

(3) The Minister may, in an authority under subsection (2), specify the conditions, if any, to which the authority is subject.

(4) An authority under subsection (2) applies to the members of the association of persons to whom it is given and to all other persons to whom it is expressed to apply.

Access to leased or occupied land

22A. The Minister shall not-

  1. in a notice under section 21, prohibit entry to or declare to be a prohibited area; or
  2. in a notice under section 22, declare to be a closed area,

part of a lake area that provides access to land held under lease from the Commonwealth or occupied with the authority of the Commonwealth or by virtue of a law in force in the Territory.

Conduct of regattas etc.

23. (1) Where an association of persons is, under section 22, authorized to conduct a function in a closed area, a person other than-

  1. a member of the association; or
  2. a person to whom the authority is expressed to apply;

shall not enter or be in the closed area.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(2) Subsection (1) does not apply to-

  1. a person concerned in, or employed or engaged in or in connection with, the maintenance or preservation of a lake or the maintenance, testing or preservation of an associated work;
  2. an Australian public servant or a Territory public servant;
    1. a member of the staff of an authority established for a public purpose by or under a Territory Act or a law of the Commonwealth;
  3. an inspector; or
  4. a member of the Police Force,

who enters or is in a closed area in the execution of his duty or the terms of his employment or engagement.

Anchoring of boats

24. (1) A person shall not anchor a boat on a lake between the hours of sunset and sunrise.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant satisfies the court that the boat was anchored for the purpose of fishing by means of rod and line held in the hand and that he or another person was engaged in fishing by that means for the greater part of the time during which the boat was anchored.

Mooring of boats

25. (1) The Minister may, on payment of the prescribed fee, grant to a person a permit to moor a boat on a lake.

(1A) A permit issued under this section remains in force for such period, not exceeding one year, as is specified in the permit and may be renewed on payment of the prescribed fee.

(2) A person shall not moor a boat on a lake unless-

  1. the boat is moored within an area specified under section 15 as a mooring area; and
  2. the person is the holder of a permit issued under this section.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Use of power boats

26. (1) The Minister may, on such conditions, if any, as he thinks fit, authorize, by notice in writing, the use of a power boat in or on a lake-

  1. by a sports club in connection with the training of persons for or the conduct of a competition in an aquatic sport; or
  2. by such other persons for such purposes as he approves.

(2) At any time after an authority is given under subsection (1), the Minister may, by notice in writing to the sports club or approved person, as the case may be-

  1. impose further conditions on the authority; or
  2. vary or revoke a condition on which the authority was given.

(3) Where a sports club or approved person, to whom an authority under subsection (1) is granted-

  1. fails to comply with a provision of this Ordinance; or
  2. fails to comply with the conditions (if any) subject to which the authority is granted,

the Minister may, by notice in writing to the sports club or approved person, as the case may be, revoke the authority.

(4) A notice under this section may be given-

  1. in the case of an approved person-
    1. by delivering it to him personally; or
    2. by sending it by post addressed to him at his last-known place of business or residence; or
  2. in the case of a sports club-
    1. by delivering it to a member of the governing body of the club personally; or
    2. by sending it by post addressed to the governing body of the club at the last-known place of operations of the club.

Restrictions on use of power boats

27. (1) Subject to this section, a person shall not be in charge or control of a power boat on a lake.

Penalty:

  1. in the case of a natural person-$1,000 or imprisonment for 6 months, or both; and
  2. in the case of a body corporate-$5,000.

(1A) Subject to this section, a person shall not be in a power boat on a lake.

Penalty: $1,000.

(2) It is a defence to a prosecution for an offence against subsection (1) or (1A) if the defendant satisfies the court that, at the time of the offence-

  1. the use of the power boat in or on the lake was authorized under section 26; and
  2. the power boat was being used for a purpose for which, and in accordance with the conditions, if any, on which, its use in or on the lake was so authorized.

(3) Subsections (1) and (1A) do not apply to-

  1. a person concerned in, or employed or engaged in or in connexion with, the maintenance or preservation of the lake or the maintenance, testing or preservation of an associated work;
  2. an Australian public servant or a Territory public servant;
    1. a member of the staff of an authority established for a public purpose by or under a Territory Act or a law of the Commonwealth;
  3. an inspector; or
  4. a member of the Police Force,

who, in the execution of his duty or the terms of his employment or engagement, is in or uses or causes or permits to be or be used in or on the lake a power boat that is the property of the Commonwealth.

Restriction on water-skiing

28. (1) The Minister may, upon payment of the prescribed fee and subject to such conditions, if any, as he thinks fit, grant to a person a permit to take part in water-skiing on a lake.

(2) A person shall not take part in water-skiing on a lake, unless-

  1. he is the holder of a permit under subsection (1); and
  2. he complies with the conditions, if any, subject to which that permit was granted.

Penalty: $40.

(3) For the purposes of this section-

  1. 'water-skiing' includes aquaplaning; and
  2. a person who is being towed, by any means, whether or not for sporting purposes, in such circumstances that the person is being towed in a manner similar to the manner in which a person is towed in water-skiing shall be deemed to be taking part in water-skiing.

Restriction on use of hovercraft

29. (1) The Minister may, upon payment of the prescribed fee and subject to such conditions, if any, as he thinks fit, grant to a person a permit to use a hovercraft within or above a lake area.

(2) A person shall not use, or cause or permit to be used, a hovercraft within or above a lake area, unless-

  1. he is the holder of a permit under subsection (1) with respect to that lake area; and
  2. he complies with the conditions, if any, subject to which that permit was granted.

Penalty:

  1. in the case of a natural person-$1,000 or 6 months imprisonment, or both; and
  2. in the case of a body corporate-$5,000.

Removal of vehicles and boats from a lake etc.

30. (1) Where, in the opinion of an inspector or a member of the Police Force, a vehicle or boat in a lake area-

  1. is obstructing or is likely to obstruct the free passage of any person, vehicle or boat in the lake area; or
  2. should, in the interests of safety or of the public, be moved,

the inspector or member may direct the owner or person in charge of the vehicle or boat to move it to another place in, or to remove it from, the lake area.

(2) Where an inspector or member of the Police Force-

  1. is unable to give a direction under subsection (1) by reason of the absence of the owner or person in charge of the vehicle or boat; or
  2. gives a direction under subsection (1) and the owner or person in charge of the vehicle or boat refuses or fails to comply with the direction,

the inspector or member may, with such assistance, if any, and by such means, as he thinks necessary, move the vehicle or boat to another place in, or remove it from, the lake area.

(3) Where an inspector or member of the Police Force, in the exercise of his powers under subsection (2), moves or removes a vehicle or boat, the Commonwealth may recover the cost of the moving or removing, as the case may be, of the vehicle or boat as a debt in a court of competent jurisdiction.

(4) An inspector or member of the Police Force is not liable for any damage that he may cause to a vehicle or boat in the proper exercise of his powers under this section.

Houseboats prohibited

31. A person shall not use a boat as a houseboat or place of living within a lake area.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Camping etc.

32. A person shall not camp, or permit a caravan to stand, within a lake area between the hours of sunset and sunrise.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Agreements for use of lake areas

33. The Minister may, on behalf of the Commonwealth, enter into agreements with persons with respect to the undertaking of commercial activities by those persons within a lake area.


Selling or hiring of goods etc.

34. A person shall not undertake a commercial activity within a lake area except in accordance with-

  1. an agreement referred to in section 33; or
  2. an agreement referred to in section 33 of the Lakes Ordinance 1976, as in force at any time before Self-Government Day, being an agreement that was in force immediately before Self-Government Day.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Power to charge for admission

35. (1) The Minister may, on any day or portion of a day, authorise the delegate of the Minister to make a charge for admission to a lake area or a part of a lake area and, when he is so authorised, the delegate of the Minister may exclude from the lake area or the part of the lake area, as the case may be, a person who does not pay the admission charge.

(2) The Minister may, by instrument in writing, grant to a person the exclusive right to occupy and use a part of a lake area specified in the instrument for the period, for the purpose and on the conditions (if any) specified in the instrument.

(3) Where the Minister, under subsection (2), grants to a person an exclusive right of occupation and use of a part of a lake area, the person may make a charge, not exceeding an amount approved by the Minister, for admission to that part of the lake area during the period in respect of which that right is granted and may exclude any other person who does not pay the admission charge.

Division 2 - Provisions Relating to Particular Lakes

Lake Burley Griffin

36. (1) A person shall not bathe or swim in, or dive into, that part of Lake Burley Griffin between Commonwealth Avenue Bridge and King's Avenue Bridge.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

(2) Subsection (1) does not apply to a person to whom an authority in force under subsection 22 (2) applies.

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Part V - Rules for Preventing Collisions on a Lake

Division 1 - Lighting Rules

Observance of lighting rules

37. Where a boat that is under way or anchored on a lake between the hours of sunset and sunrise-

  1. does not carry a light required by this Division to be carried on that boat; or
  2. does not carry a light required by this Division to be carried on that boat in the position in which that light is required by this Division to be carried,

the person in charge of the boat or, if there is no person in charge, each person on the boat or, if there is no person on the boat, the owner of the boat is guilty of an offence punishable on conviction by a fine not exceeding $40.

Lights to be carried on large power boats

38. (1) This section applies to and in relation to a power boat that is-

  1. 5 or more metres long; and
  2. under way, or anchored, on a lake between the hours of sunset and sunrise.

(2) A boat to which this section applies shall show, in the forepart of the boat where it can best be seen, not less than 2 metres above the gunwale, a bright white light that shows an unbroken light, visible at a distance of not less than 5 kilometres, over an arc of the horizon of 20 points of the compass, or 225 degrees, from right ahead to 2 points of the compass, or 22 degrees, abaft the beam on each side of the boat.

(3) A boat to which this section applies shall show, on the starboard side, a green light that shows an unbroken light, visible at a distance of not less than 1.50 kilometres, over an arc of the horizon of 10 points of the compass, or 112 degrees, from right ahead of 2 points of the compass, or 22 degrees, abaft the beam on the starboard side.

(4) A boat to which this section applies shall show, on the port side, a red light that shows an unbroken light, visible at a distance of not less than 1.50 kilometres, over an arc of the horizon of 10 points of the compass, or 112 degrees, from right ahead to 2 points of the compass, or 22 degrees, abaft the beam on the port side.

(5) A boat to which this section applies shall show, at the stern of the boat, as nearly as practicable at the same level as the side lights referred to in subsections (3) and (4), or the combined lantern referred to in subsection (6), as the case may be, a white light that shows an unbroken light, visible at a distance of not less than 3 kilometres, over an arc of the horizon of 12 points of the compass, or 135 degrees, from right aft to 6 points of the compass, or 67 degrees, from right aft on each side of the boat.

(6) It is sufficient compliance with subsections (3) and (4) if the green light and the red light specified in those subsections are shown together in a combined lantern not less than 0.50 metre below the bright white light specified in subsection (2).

Light to be carried by small power boat

39. A power boat that is-

  1. less than 5 metres long; and
  2. under way, or anchored, on a lake between the hours of sunset and sunrise;

shall show a white light visible at a distance of 1.50 kilometres.

Lights to be carried by sailing vessels

39A. Subsections 38 (3), (4), (5) and (6) apply in relation to a sailing vessel that is under way, or anchored, on a lake between the hours of sunset and sunrise as if that vessel were a boat to which section 38 applies.

Emergency lights

40. Where a boat that is under way or anchored on a lake between the hours of sunset and sunrise-

  1. does not carry an electric torch or lighted lantern ready for immediate use; or
  2. on the failure of a light required by this Division to be carried on the boat, does not show, in place of that light, the light of an electric torch or lantern during the whole of the period for which the boat continues under way or anchored on the lake between the hours of sunset and sunrise,

the person in charge of the boat or, if there is no person in charge, the owner of the boat is guilty of an offence punishable on conviction by a fine not exceeding:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Division 2 - Rules of the Water

Sailing and steering rules generally

41. (1) Where two sailing boats are approaching one another, so as to involve risk of collision-

  1. a boat that is close-hauled on the port tack shall keep out of the way of a boat that is close-hauled on the starboard tack;
  2. when both boats are running free, with the wind on different sides, the boat that has the wind on the port side shall keep out of the way of the other boat; and
  3. when both boats are running free, with the wind on the same side, the boat that is to windward shall keep out of the way of the boat that is to leeward.

(2) Where two power boats are approaching one another end on, so as to involve risk of collision, each boat shall alter course to starboard so that each boat shall pass on the port side of the other boat.

(3) Where two power boats are crossing, so as to involve risk of collision, the boat that has the other boat on its own starboard side shall keep out of the way of that other boat.

(4) Subject to section 47, where a power boat and a sailing boat are approaching one another, so as to involve risk of collision, the power boat shall keep out of the way of the sailing boat.

(5) Subject to section 47, where a boat propelled by oars and a sailing boat are approaching one another, so as to involve risk of collision, the boat propelled by oars shall keep out of the way of the sailing boat.

Course and speed to be kept

42. Where one of two boats is, by a provision of this Division, to keep out of the way of the other boat, that other boat shall keep its course and speed until the boats are clear of one another, unless to do so would involve risk of collision.

Restriction on crossing ahead

43. A boat that is required by a provision of this Division to keep out of the way of another boat shall, if practicable, keep from crossing ahead of the other boat.

Power boats to slacken speed

44. A power boat that is required by a provision of this Division to keep out of the way of another boat shall, on approaching that other boat, if necessary to avoid collision, slow down, stop or reverse.

Overtaking boats

45. (1) A boat that is overtaking another boat shall keep out of the way of the other boat.

(2) A boat coming up with another boat from a direction more than 2 points of the compass, or 22 degrees, abaft that other boat's beam shall be deemed to be an overtaking boat.

Use of channels

46. Where the limits of a channel or fairway from one part of a lake to another part of the lake are defined by bearings, buoys or other means, a boat shall not go from that first-mentioned part of the lake to that other part of the lake except within the limits of the channel or fairway as so defined.

Racing rules

47. A boat on a lake taking part in a boat race is not required to observe, in relation only to another boat taking part in the race, a provision of this Division that conflicts with a rule relating to the running of the race approved by the person or association of persons controlling the race.

Division 3 - General

Navigating boat in dangerous manner etc.

48. (1) A person shall not navigate or take part in the navigation of a boat on a lake in a negligent or reckless manner or at a speed or in a manner dangerous to persons using the lake.

Penalty:

  1. in the case of a natural person-$1,000 or 6 months imprisonment, or both; and
  2. in the case of a body corporate-$5,000.

(2) In considering whether an offence has been committed under this section, the court shall have regard to all the circumstances of the case, including conditions affecting visibility on the lake, the limitations of the boats involved and the number of boats that was or might reasonably have been expected to have been on the lake at that time.


Careless navigation

49. A person shall not navigate or take part in the navigation of a boat on a lake without due care and attention or without reasonable consideration for other persons using the lake.

Penalty:

  1. in the case of a natural person-$500; and
  2. in the case of a body corporate-$2,500.

Navigation of boat while intoxicated

50. (1) A person shall not navigate or take part in the navigation of a boat on a lake while he is under the influence of intoxicating liquor.

Penalty: $500.

(2) A person arrested for an offence under this section shall be entitled, upon request made by him or on his behalf, to be examined by a legally qualified medical practitioner and, where any such request is made, the person making the arrest shall afford all reasonable facilities for the holding of the examination.

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