Section 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.

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

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.

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.