South Australia: Harbors and Navigation Act 1993 (SA)

South Australia Harbors and Navigation Act 1993 An Act to provide for the administration, development and management of harbors; to provide for safe navigation in South Australian waters; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects of this Act 4 Interpretation 5 Crown bound 6 Application of Act 6A Application of Act to certain vessels Part 2—Administration Division 1—Minister 8 Minister to be corporation sole Division 2—Chief Executive 9 Responsibility of CE 10 Annual report Division 3—Delegation 11 Delegation Division 4—Authorised persons 12 Appointment of authorised persons 13 Production of identity card 14 Powers of authorised person Division 5—Miscellaneous 14A Matters to be taken into account in relation to specially protected areas Part 3—Property Division 1—Vesting of property 15 Property of Crown Division 2—Acquisition of land 16 Acquisition of land Division 3—Resumption of land 17 Resumption Division 4—Care, control and management of property 18 Care, control and management of property 18A By-laws Division 5—Dealings with property 19 Power to grant leases and licences over land Division 6—Rateability of land 20 Rateability of land Division 7—Damage to property 21 Liability for damage Part 4—General powers to protect navigation and to restrict use of waters Division 1—Navigational aids 22 Control of navigational aids 23 Establishment of navigational aids 24 Interference with navigational aids Division 2—Clearance of wrecks 25 Clearance of wrecks etc Division 3—Restrictions on use of waters 26 Licences for aquatic activities 27 Restricted areas Part 5—Harbors and ports Division 1—Control and management of harbors and ports 28 Control and management of harbors 28A Power to assign control and management of ports 28B Port operating agreements 28C General responsibility of port operator 28D Variation of port operating agreement 28E Agreements to be tabled in Parliament 28F Power to deal with non-compliance 28G Power to appoint manager 28H Powers of the manager Division 2—Port management officers 29 Port management officers Division 2A—Operational powers 29A Interpretation 29B Power of direction 29C Power to board vessel Division 3—Harbor improvement work 30 Dredging or other similar work 30A Development of harbors and maritime facilities 30B Application of Development Act 1993 Division 4—Harbor charges etc 31 Power to fix charges 31A Power to waive or reduce charges 31B Charges in respect of goods 31C Charges in respect of vessels 31D Power to prevent use of harbor or port facilities Part 5A—Pilotage 33 Licensing of pilots 34 Pilotage exemption certificate 35 Compulsory pilotage 36 Duties and immunities of pilots Part 7—Boat operator's licence etc 46 Vessels to which this Part applies 47 Requirement for boat operator's licence, exemption or permit 47A Requirements for operators of hire and drive vessels 48 Issue of boat operator's licence or exemption 49 Cancellation of boat operator's licence by court 50 Cancellation of boat operator's licence by CE Part 8—Hire of vessels 51 Vessels to which this Part applies 52 Obligation to hold licence 52A Duration and granting of licence 53 Terms and conditions of licence Part 9—Registration and Australian Builders Plates Division 1—Registration of vessels 54 Application of Division 55 Registration Division 4—Australian Builders Plates 64A Application of Division 64B Certain vessels not to be sold without Australian Builders Plate affixed etc 64C General defence Part 10—Safety Division 1—Safety generally 65 General requirements 65A Requirement to have emergency position indicating radio beacon 66 Power to prohibit use etc of unsafe vessel 67 Minister's power to act in an emergency Division 2—CE may require survey 68 CE may require survey Division 3—Operation of vessels 69 Careless operation of a vessel 69A Dangerous operation of a vessel Division 4—Alcohol and other drugs 70 Alcohol and other drugs 71 Authorised person may require alcotest or breath analysis 72 Authorised person may require drug screening test, oral fluid analysis and blood test 72A Schedule 1A further regulates blood and oral fluid sample processes 72C Concentration of alcohol in breath taken to indicate concentration of alcohol in blood 73 Evidence 73A Breath analysis where drinking occurs after operation of vessel 73B Oral fluid analysis or blood test where consumption of prescribed drug occurs after operation of vessel 74 Compulsory blood tests of injured persons including water skiers Part 11—Accidents 75 Casualties to be reported 76 Duty to give assistance and provide particulars Part 12—Court of Marine Enquiry Division 1—Constitution of Court 77 Constitution of Court Division 2—Enquiries into casualties 78 Enquiries into casualties Division 3—Enquiries into misconduct or incompetence 79 Enquiries into misconduct or incompetence Division 4—Administrative review 80 Review of administrative decisions Part 13—Application of Navigation Act 2012 and International Conventions 81 Application of Navigation Act 2012 82 Agreement between the Commonwealth and the State Part 14—Miscellaneous 83 Exemptions 84 Conduct on board vessels 85 Unlawful use of vessels 87 Evidentiary provision 89 Officers' liability 90 Fees and charges to be paid into separate fund 90AA Facilities levy 90A Facilities Fund 91 Regulations and fee notices Schedule 1—Harbors 1 Harbors to which this Act applies Schedule 1A—Blood and oral fluid sample processes Part 1—Preliminary 1 Interpretation Part 2—Processes relating to blood samples under Part 10 Division 4 2 Blood sample processes generally 4 Police officer to be present when blood sample taken 5 Cost of blood tests under certain sections 6 Provisions relating to medical practitioners etc Part 3—Processes relating to oral fluid samples under section 72 7 Oral fluid sample processes Part 4—Other provisions relating to blood or oral fluid samples under Part 10 Division 4 8 Blood or oral fluid sample or results of analysis etc not to be used for other purposes 9 Destruction of blood or oral fluid sample taken under Part 10 Division 4 Schedule 2—Transitional provisions 2 Transitional provisions 3 Vesting of land etc held in name of Minister of Marine Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Harbors and Navigation Act 1993. 3—Objects of this Act The objects of this Act are— (a) to provide for the efficient and effective administration and management of South Australian harbors and harbor facilities for the purpose of maximising their use and promoting trade; and (b) to ensure that efficient and reliable cargo transfer facilities are established and maintained; and (c) to promote the safe, orderly and efficient movement of shipping within harbors; and (d) to promote the economic use and the proper commercial exploitation of harbors and harbor facilities; and (e) to provide for the safe navigation of vessels in South Australian waters; and (f) to provide for the safe use of South Australian waters for recreational and other aquatic activities; and (g) insofar as this Act applies to the Adelaide Dolphin Sanctuary, to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and (h) insofar as this Act applies to a marine park, to further the objects of the Marine Parks Act 2007. 4—Interpretation (1) In this Act, unless the contrary intention appears— Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; adjacent land means— (a) land extending from the low water mark on the seashore to the nearest road or section boundary, or to a distance of 50 metres from high water mark (whichever is the lesser distance); or (b) land extending from the edge of any other navigable waterway or body of water in the State to the nearest road or section boundary or for a distance of 50 metres (whichever is the lesser), (but does not include land vested in fee simple in any person other than the Minister or land withdrawn from the Minister under the transitional provisions); alcotest means a test by means of apparatus approved for the purpose of conducting alcotests under the Road Traffic Act 1961; analyst means a person who is an analyst for the purposes of the Road Traffic Act 1961; approved blood test kit means a kit of a kind declared under the Road Traffic Act 1961 to be an approved blood test kit; authorised person means a person appointed under Part 2 or a police officer; boat operator's licence means a boat operator's licence issued under Part 7; breath analysing instrument means apparatus of a kind approved as a breath analysing instrument under the Road Traffic Act 1961; breath analysis means an analysis of breath by means of a breath analysing instrument; category 1 offence means an offence against section 70(2) involving a concentration of alcohol of less than .08 grams in 100 millilitres of blood; category 2 offence means an offence against section 70(2) involving a concentration of alcohol of not less than .08 grams but less than .15 grams in 100 millilitres of blood; category 3 offence means an offence against section 70(2) involving a concentration of alcohol of not less than .15 grams in 100 millilitres of blood; CE means the chief executive of the Department; commercial vessel means— (a) a domestic commercial vessel; and (b) a vessel used for commercial, governmental or research purposes; and (c) any other vessel of a class declared by the regulations to be included in the ambit of this definition, but does not include a vessel, or a vessel of a class, declared by the regulations to be excluded from the ambit of this definition; crew, of a vessel, includes— (a) the operator of the vessel; and (b) any other person, or person of a class, declared by the regulations to be a member of the vessel's crew, but does not include a person, or a person of a class, declared by the regulations to be excluded from the ambit of this definition; department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) National Law; drug screening test means a test by means of an apparatus of a kind approved under the Road Traffic Act 1961 for the purpose of conducting drug screening tests; excluded vessel means an excluded vessel within the meaning of section 6A; expiable offence means an offence against this Act declared by regulation to be an expiable offence; harbor means— (a) any of the harbors mentioned in Schedule 1 (unless declared by regulation not to be a harbor); or (b) a place— (i) at which facilities exist for the loading or mooring of vessels or at which such facilities might be conveniently established; and (ii) declared by regulation to be a harbor; hospital means an institution declared under the Road Traffic Act 1961 to be a hospital for the purposes of section 47I of that Act; interest in land means— (a) any legal or equitable estate or interest in the land; or (b) any easement, right, power, or privilege in, under, over, affecting, or in connection with, the land; jurisdiction means— (a) the State (and, in particular, the navigable waters within its limits); and (b) so much of the territorial sea of Australia as is adjacent to the State; and (c) any other navigable waters declared by regulation to be within the jurisdiction, but does not include navigable waters declared by regulation not to be within the jurisdiction; land includes an interest in land; marine park has the same meaning as in the Marine Parks Act 2007; master means the person in charge of a commercial vessel but does not include a licensed pilot acting as such; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); misconduct includes negligence; navigation of a vessel includes any movement of the vessel from place to place whether or not the vessel moves or is moved under its own power; navigational aid means— (a) a lighthouse, beacon, buoy, or other mark or structure (whether equipped with a light or not) intended to be an aid to navigation; or (b) a radio beacon or other device intended to be an aid to navigation; operator, of a vessel, means— (a) in the case of a domestic commercial vessel or any other commercial vessel—the master of the vessel; or (b) in the case of any other vessel—the person in charge of the vessel while the vessel is underway; oral fluid includes saliva; oral fluid analysis means the analysis of a person's oral fluid to determine whether a prescribed drug is present in the oral fluid; owner, of a vessel, includes— (a) in the case of a registered vessel—a person registered on the register as the owner of the vessel; and (b) in the case of a commercial vessel—a charterer of the vessel or an agent of the charterer and a person who takes the vessel on hire; personal watercraft means a device that— (a) is propelled by a motor; and (b) has a fully enclosed hull; and (c) is designed not to retain water if capsized; and (d) is designed to be operated by a person who sits astride, stands, or kneels on the device, and includes the device commonly referred to as a jet ski; pilot means a person, who although not a member of a vessel's crew, temporarily takes control (subject however to the master's overriding authority) of the vessel's navigation; port means land and waters (which must comprise or include the whole or some of the land and waters constituting a harbor) constituted as a port by the regulations; port management officer means— (a) a port management officer appointed under section 29; or (b) an authorised person; port operator means— (a) a person authorised by a port operating agreement to operate a port; or (b) if there is no such person—the Minister; prescribed alcohol or drug offence means an offence against Part 10 Division 4; prescribed circumstances—a requirement to submit to an alcotest or breath analysis under section 71, or a direction to stop a vessel for the purpose of making such a requirement, is made or given in prescribed circumstances if the authorised person who makes the requirement or gives the direction believes on reasonable grounds that the person of whom the requirement is, or is to be, made has, within the preceding 8 hours— (a) committed an offence of a prescribed class; or (b) behaved in a manner that indicates that the person's ability to do the following is impaired: (i) operate a vessel; or (ii) as a member of the crew of a vessel, engage in duties affecting the safe navigation, operation or use of the vessel; or (c) been involved in an accident as— (i) the operator of a vessel; or (ii) a member of the crew of a vessel who was, or ought to have been, engaged in duties affecting the safe navigation, operation or use of the vessel; prescribed concentration of alcohol means a concentration of .05 grams or more in 100 millilitres of blood; prescribed drug means a substance declared under the Road Traffic Act 1961 to be a prescribed drug; registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the registered nurses division of that profession; subjacent land means land underlying navigable waters within the jurisdiction; speed, in relation to a vessel, means speed with reference to a stationary horizontal plane (as distinct from speed through water which may itself be in motion); Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vessel means— (a) a craft for use, or that is capable of being used, in navigation by water, however propelled or moved (including an air cushion vehicle, a barge, a lighter, a submersible, a ferry in chains and a wing in ground effect craft); and (b) a surf board, wind surf board, personal watercraft, water skis or other similar device on which a person rides through water; or (c) a structure that is designed to float in water and is used for commercial, industrial or scientific purposes; and (d) any other thing declared by the regulations to be included in the ambit of this definition, but does not include a craft or other thing declared by the regulations not to be included in the ambit of this definition; wreck includes an abandoned vessel. (2) For the purposes of this Act, a person is taken to operate a vessel if that person— (a) rides on a surfboard or water skis or other similar device; or (b) is towed by a vessel. (3) For the purposes of this Act, the length of a vessel is to be determined in accordance with the regulations. 5—Crown bound (1) This Act binds the Crown not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. 6—Application of Act (1) This Act applies both within and outside the jurisdiction. (2) This Act applies outside the jurisdiction to the full extent of the extraterritorial power of the Parliament. 6A—Application of Act to certain vessels (1) Other than where a provision of this Act expressly provides otherwise, the following provisions of this Act do not apply to, or in relation to, an excluded vessel: (a) a provision of Part 7; (b) a provision of Part 9; (c) a provision of Part 10 Divisions 1 and 2; (d) a provision of Part 11; (e) a provision of Part 12; (f) a provision of Part 13. (2) A provision of this Act not referred to in subsection (1) applies to, or in relation to, an excluded vessel. (3) In this section— excluded vessel means— (a) a vessel to which the Marine Safety (Domestic Commercial Vessel) National Law applies; and (b) a vessel to which the application of the Marine Safety (Domestic Commercial Vessel) National Law is extended pursuant to the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013; and (c) any other vessel of a class of vessels declared by the regulations to be included in the ambit of this section. Part 2—Administration Division 1—Minister 8—Minister to be corporation sole (1) The Minister is a corporation sole. (2) The Minister has in the Minister's corporate capacity all the powers of a natural person. (3) A document apparently bearing the common seal of the Minister will be presumed, in the absence of contrary evidence, to have been duly executed by the Minister. Division 2—Chief Executive 9—Responsibility of CE The CE is, subject to the Minister's control and direction, responsible for carrying this Act into effect. 10—Annual report (1) The CE must, on or before 31 October in each year, report on the administration of this Act during the preceding financial year. (2) The Minister must, within six sitting days after receiving the report, cause copies to be laid before both Houses of Parliament. Division 3—Delegation 11—Delegation (1) The Minister may delegate to the CE or to any other person any of the Minister's powers under this Act. (2) The CE may delegate powers under this Act (including powers delegated to the CE by the Minister). (3) If a delegation under this section is expressed to be made to the person holding, or acting in, a specified office or position, the delegated powers are exercisable by any person who holds, or is acting in, that position when an occasion for exercising the powers arises. (4) A delegation under this section is revocable at will and does not derogate from the powers of the delegator. Division 4—Authorised persons 12—Appointment of authorised persons (1) The CE may appoint suitable persons to be authorised persons for the purposes of this Act. (1a) The CE may, with the agreement of a port operator, appoint an officer or employee of the operator to be an authorised person in relation to the relevant port. (1b) The CE may, with the concurrence of a council, appoint an officer or employee of the council to be an authorised person for the purposes of this Act. (2) An appointment under this section may be subject to conditions, including a condition limiting the exercise of powers by the authorised person to the enforcement of specified provisions of the Act or to enforcement within a specified area of the State. (3) An authorised person appointed under this section must be issued with an identity card— (a) containing a photograph of the person; and (b) if the authorised person's authority is limited to a particular port—stating the name of the port; and (c) stating any conditions of appointment limiting the authorised person's authority. 13—Production of identity card If it is practicable to do so, an authorised person must, at the request of a person against whom the authorised person proposes to exercise statutory powers, produce the authorised person's identity card or, if the authorised person is a police officer, the police officer's warrant card, for inspection by that person. 14—Powers of authorised person (1) Subject to any conditions specified in the instrument of appointment, an authorised person may, for any purpose connected with the administration or enforcement of this Act, exercise any of the following powers— (a) the authorised person may direct any person who is apparently in charge of a vessel to manoeuvre the vessel in a specified manner, to stop the vessel, or to stop the vessel and secure it in a specified manner; (b) the authorised person may board a vessel— (i) for the purpose of determining— (A) whether the person in charge of the vessel holds a boat operator's licence or other qualification required under this Act, or an exemption from the requirement to hold a boat operator's licence or other qualification; (B) whether the vessel is safe; (C) whether the vessel is registered in accordance with this Act; (E) whether the vessel has the equipment and markings required by the regulations and whether the equipment is in good working order; (F) whether the vessel is properly loaded in accordance with the regulations; (ii) for the purpose of investigating— (A) a suspected offence; or (B) an accident involving a vessel in the jurisdiction and resulting in loss of life or injury or in damage to property; or (C) any other matter having a proper connection with the administration of this Act; (iii) for the purpose of requiring a person who is operating the vessel or a member of the crew of the vessel who is, or ought to be, engaged in duties affecting the safe navigation of the vessel to submit to an alcotest or breath analysis; (c) the authorised person may require a person apparently acting in a position for which a boat operator's licence is required under this Act to produce, at a specified place and within a specified period, the boat operator's licence or evidence that the person is exempt from the requirement to hold a boat operator's licence; (d) the authorised person may require a person who is apparently in charge of a vessel to produce a certificate of registration in respect of the vessel; (e) the authorised person may require a person whom the authorised person reasonably suspects of having committed an offence against this Act or who is, in the authorised person's opinion, in a position to give evidence of the commission of such an offence, to state the person's name and address; (f) for the purposes of investigating— (i) a suspected offence; or (ii) an accident involving a vessel in the jurisdiction and resulting in loss of life or injury, or in damage to property; or (iii) any other matter having a proper connection with the administration of this Act, the authorised person may— (iv) require a person to answer questions relevant to the investigation; and (v) require a person to produce records or equipment that the authorised person reasonably suspects are relevant to the investigation; and (vi) may inspect the records or equipment, make copies of the records or their contents or test the equipment and, where reasonably necessary for those purposes, seize and retain the records or equipment. (1a) Subject to any conditions specified in the instrument of appointment, an authorised person may give expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act. (2) A person who— (a) without reasonable excuse, fails to obey a direction or requirement of an authorised person under this Act; or (b) hinders or obstructs an authorised person in the exercise of powers under this Act, is guilty of an offence. Maximum penalty: $1 250. Division 5—Miscellaneous 14A—Matters to be taken into account in relation to specially protected areas The Minister, the CE, an authorised person or any other person engaged in the administration of this Act must, if taking any action under this Act— (a) that is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary— (i) seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and (ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005, (insofar as may be relevant); or (b) that is within a marine park, or likely to have a direct impact on a marine park— (i) seek to further the objects of the Marine Parks Act 2007; and (ii) take into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant). Part 3—Property Division 1—Vesting of property 15—Property of Crown (1) Subject to subsection (2), the following property is vested in the Minister— (a) all adjacent and subjacent land; (b) all wharves, docks, jetties and other structures that are situated in a harbor; (c) all wharves, docks, jetties and other structures situated outside a harbor but on adjacent or subjacent land; (d) all navigational aids within the jurisdiction. (2) The land that is vested in the Minister under this section is vested for an estate in fee simple but subject to any pre-existing registered interests in that land. (3) This section does not apply to— (a) real or personal property vested in the Commonwealth, a council, or in private ownership at the commencement of this Act or subsequently transferred to the Commonwealth, a council or to private ownership; or (b) land that forms part of a reserve under the National Parks and Wildlife Act 1972; or (c) real or personal property excluded by regulation from the ambit of this section. (4) The Crown Lands Act 1929 does not apply in relation to land vested in the Minister under this Act but the Crown may, with the concurrence of the Minister, exercise any other power that it has to grant a lease or licence over its land in relation to land vested in the Minister under this Act. Division 2—Acquisition of land 16—Acquisition of land (1) The Minister may acquire land— (a) for the purpose of establishing or improving a harbor or harbor facilities; or (b) for the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor. (2) The Land Acquisition Act 1969 applies to the acquisition of land under this section. Division 3—Resumption of land 17—Resumption The Governor may, by proclamation, resume land held by a council or other public authority as a reserve, street, road or for other public purposes— (a) for the purpose of establishing or improving a harbor or harbor facilities; or (b) for the purposes of facilitating industrial or commercial development associated with or to be associated with a harbor. Division 4—Care, control and management of property 18—Care, control and management of property (1) The Governor may, by proclamation, place any adjacent or subjacent land belonging to the Minister or any structure belonging to the Minister on adjacent or subjacent land, under the care, control and management of— (a) any Minister of the Crown; or (b) a council; or (c) the Coast Protection Board; or (d) any other authority or body. (2) A proclamation under subsection (1)— (a) may impose conditions in relation to the care, control and management of the land or structure to which it relates; and (b) may be varied or revoked by a later proclamation. (3) A proclamation under subsection (1) may not be made in relation to land, or a structure on land, that is within the area of a council unless the council has been consulted and given an opportunity to make representations on the matter. (4) Subject to any provision made by proclamation under this section, the care, control and management of adjacent and subjacent land, and of structures situated on adjacent or subjacent land (except land and structures in private ownership) are— (a) if within the area of a council but not within a harbor—under the care, control and management of the council; and (b) in any other case—under the care, control and management of the Minister. 18A—By-laws (1) A council may, with the approval of the relevant authority, make by-laws that operate in relation to— (a) a port or part of a port; or (b) a harbor or part of a harbor; or (c) adjacent or subjacent land that is neither within a port nor a harbor. (1a) The relevant authority is— (a) for a port—the port operator; or (b) in any other case—the Minister. (2) The Local Government Act 1934 applies to by-laws made under this section as if— (a) any part of the harbor or land in relation to which the by-laws operate that is not within the area of the council were within the area of the council; and (b) any part of the harbor or land in relation to which the by-laws operate that is not under the care, control and management of the council were under the care, control and management of the council. (3) The Governor may at any time, by notice in the Gazette, revoke by-laws made under this section. (4) The Minister must consult with the council concerned before by-laws are revoked under subsection (3). Division 5—Dealings with property 19—Power to grant leases and licences over land (1) The Minister may, on such terms and conditions as the Minister thinks fit, grant a lease of, a licence over, or other rights to occupy or use, land or a structure that is under the Minister's care, control and management under this Act. (2) The Minister may, on such terms and conditions as the Minister thinks fit, sell or otherwise dispose of land or a structure that is under the Minister's care, control and management under this Act. (3) An authority or body may, with the Minister's approval, grant a lease of, a licence over, or other rights to occupy or use, land or a structure under its care, control and management under this Act. Division 6—Rateability of land 20—Rateability of land (1) Subject to subsection (2), land vested in the Crown under this Act is not rateable under the Local Government Act 1934. (2) If any such land (other than subjacent land in a port) is occupied under a lease or licence by some person other than the Crown or an instrumentality or agency of the Crown, that person is liable as occupier of the land to rates levied under the Local Government Act 1934. Division 7—Damage to property 21—Liability for damage (1) If property of the Crown or the Minister is damaged by a vessel, the owner of the vessel is liable to the Minister for the amount of the damage. (2) If property in private ownership consisting of harbor facilities or a navigational aid is damaged by a vessel, the owner of the vessel is liable to the owner of the property for the amount of the damage. (3) The liability may be enforced by action against the owner or by action against the vessel (or both). (4) This section creates a strict liability that exists irrespective of fault and irrespective of whether the vessel is under compulsory pilotage at the time the damage is caused. Part 4—General powers to protect navigation and to restrict use of waters Division 1—Navigational aids 22—Control of navigational aids (1) The Minister is entitled to possession and control of all navigational aids within the jurisdiction except those belonging to the Commonwealth. (2) The Minister may, on terms and conditions consistent with any relevant port operating agreement, delegate to a port operator control over a navigational aid situated in, or on the approach to, the port. (3) If a navigational aid existing at the commencement of this subsection is situated on land that was not then owned by the Minister, or is later disposed of, an easement over the land is created entitling the Minister— (a) to maintain a navigational aid on the land; and (b) to have such access to the land as may be necessary for operating, maintaining, repairing, replacing or removing the navigational aid. (4) If the Minister reasonably requires access to land for the purpose of operating, maintaining, repairing, replacing or removing a navigational aid on adjacent land or waters, an easement is created conferring on the Minister the rights of access reasonably necessary for those purposes. 23—Establishment of navigational aids (1) The Minister may establish and maintain such navigational aids as the Minister considers necessary or desirable for the safe navigation of vessels within the jurisdiction. (2) The Minister may direct any person who carries on a business involving the mooring, loading or unloading of vessels to establish, maintain and operate navigational aids of a specified kind at specified places. (3) A person who fails, without reasonable excuse, to comply with a direction under subsection (2) is guilty of an offence. Maximum penalty: $5 000. 24—Interference with navigational aids (1) A person must not, without the Minister's permission, interfere with a navigational aid. Maximum penalty: $750. (2) For the purposes of subsection (1), the mooring of a vessel to a navigational aid constitutes interference with the navigational aid. (3) If the Minister is of the opinion that a particular light or signal might be confused with the light or signal produced by a navigational aid, the Minister may, by notice in writing to the person in charge of the device that produces the light or signal, require the person to take action specified in the notice to prevent the possibility of confusion. (4) If a person fails to comply with a requirement under subsection (3) within the time allowed in the notice, the Minister may take the action specified in the notice and recover the cost of doing so from the person. (5) A person who fails, without reasonable excuse, to comply with a notice under subsection (3) is guilty of an offence. Maximum penalty: $750. Division 2—Clearance of wrecks 25—Clearance of wrecks etc (1) The Minister may, by notice in writing, require the owner of any wreck within the jurisdiction to remove the wreck. (1a) A port operator may, by notice in writing, require the owner of any wreck within the port to remove the wreck. (2) If a person deposits any substance or thing within the jurisdiction so as to obstruct navigation, or to pollute waters, the Minister may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution. (2a) If a person deposits any substance or thing within a port so as to obstruct navigation, or to pollute waters, the port operator may, by notice in writing, require that person to take action specified in the notice to remove the substance or thing or to mitigate the consequences of the pollution. (3) If a person fails to comply with a requirement under this section within the time allowed in the notice, the Minister or the port operator (as the case requires) may remove the wreck or take the action specified in the notice and recover the costs of doing so, as a debt, from the person in default. (4) A person who fails without reasonable excuse to comply with a notice under this section is guilty of an offence. Maximum penalty: $5 000. (5) A court by which a person is convicted of an offence against subsection (4) may, on application by the Minister or the port operator (as the case requires), order the convicted person to reimburse costs reasonably incurred by the applicant in acting under subsection (3) (to the extent those costs have not been already recovered). Division 3—Restrictions on use of waters 26—Licences for aquatic activities (1) The CE may grant a licence entitling an organisation or person to use, in accordance with the terms and conditions of the licence, any waters within the jurisdiction for the purposes of an aquatic sport or activity or for any other purposes stated in the licence. (2) If the licence is to be granted in relation to waters within a port, the CE may only grant the licence with the consent of the port operator (but the operator's consent must not be unreasonably withheld). (2a) If the licence is to be granted in relation to waters that form part of the River Murray, the CE must— (a) consult with the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the issuing of the licence (including a direction that the licence not be granted, or that if it is to be granted, then the licence be subject to conditions specified by the Minister). (2b) If the licence is to be granted in relation to waters that form part of— (a) the Adelaide Dolphin Sanctuary—the CE must consult with and have regard to the views of the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) a marine park—the CE must consult with and have regard to the views of the Minister to whom the administration of the Marine Parks Act 2007 is committed. (2c) The regulations may exclude specified categories of licence from the operation of subsection (2a) or (2b). (3) The licensee may be required by the terms and conditions of the licence to take specified action for the purposes of informing the public of the area of waters to which the licence relates and of the times the licensee is entitled to use of those waters in accordance with the licence. (4) A person who, without the consent of the licensee, intrudes into waters when the licensee has, under the licence, an exclusive right to use those waters is guilty of an offence. Maximum penalty: $750.1 Expiation fee: $105. (5) The CE may revoke a licence granted under this section for a breach of a term or condition of the licence. (6) In this section— River Murray has the same meaning as in the River Murray Act 2003. Note— 1 By virtue of Act No. 17 of 2001 s 4 (see Gazette 25.10.2001 p4686) the maximum penalty for this offence was fixed at $750 (no expiation fee) for 30 October 2001 only. Section 26 was substituted on 31 October 2001 by Act No. 81 of 2000 s 11 (see Gazette 25.10.2001 p4687). 27—Restricted areas (1) The Governor may, by regulation, regulate, restrict or prohibit— (a) the entry of vessels or vessels of a specified class into specified waters within the jurisdiction; or (b) the operation or use of vessels in specified waters within the jurisdiction; or (c) aquatic activity or aquatic activity of a specified class in specified waters within the jurisdiction. (1a) A regulation may only be made under subsection (1) in relation to waters within a port with the consent of the port operator (but consent must not be unreasonably withheld). (2) The Minister must take reasonable steps to inform the public of the nature of requirements of any regulation under this section and of the waters to which it applies by marking out the waters and erecting notices in the vicinity or by other appropriate means. (3) If a regulation is made under this section at the request of a port operator (other than the Minister) or a council, the Minister may recover costs incurred under subsection (2) from the port operator or council as a debt. Part 5—Harbors and ports Division 1—Control and management of harbors and ports 28—Control and management of harbors Subject to this Part, the Minister has the control and management of all harbors in the State. 28A—Power to assign control and management of ports (1) The Minister may, by agreement, confer on another (the proprietor) the right to carry on the business of operating a particular port. (2) The proprietor must then enter into an agreement (a port operating agreement) under which the Minister assigns the control and management of the port to the proprietor or a nominee of the proprietor unless— (a) the Minister and the proprietor enter into an agreement under which the Minister is to continue to have the control and management of the port; or (b) the proprietor has committed a serious breach of a port operating agreement and the Minister has cancelled or refused to renew the agreement on that ground. (3) If the Minister has the control and management of a port, the Minister may, subject to the terms of any agreement between the Minister and the proprietor, recover the costs of operating the port from the proprietor. 28B—Port operating agreements (1) A port operating agreement is an agreement providing for the control and management of the port to which the agreement relates by the person (the port operator) to whom the control and management of the port is assigned under the agreement. (2) A port operating agreement— (a) must require the port operator to have appropriate resources (including appropriate contingency plans and trained staff and equipment to carry the plans into action) to deal with emergencies; and (b) must require the port operator— (i) to maintain the waters of the port to a specified navigable standard; and (ii) to provide or maintain (or provide and maintain) navigational aids; and (iii) to direct and control vessel movement in port waters; and (c) may require the port operator to enter into and maintain in operation an agreement with the Royal Australian Navy about access to the port and port facilities by naval vessels; and (d) may require the port operator to provide access to the port and port facilities for commercial fishing vessels on specified terms and conditions; and (e) may require the port operator to maintain and make available navigational charts and other information relating to the port; and (f) may regulate the performance of statutory powers by the port operator; and (g) may provide for the payment of an annual fee to the Minister (fixed by the Minister having regard to the cost of providing government supervision of the activities conducted under the agreement); and (h) may deal with any other matter relevant to the control and management of the port. 28C—General responsibility of port operator (1) A port operator is responsible for the safe operation of the port. 28D—Variation of port operating agreement The Minister may, by agreement with the port operator, vary a port operating agreement. 28E—Agreements to be tabled in Parliament The Minister must, as soon as practicable after entering into a port operating agreement or an agreement for the variation of a port operating agreement, have copies of the agreement laid before both Houses of Parliament. 28F—Power to deal with non-compliance (1) The Minister may take disciplinary action against a port operator for non-compliance with a port operating agreement or this Act. (2) The disciplinary action may consist of— (a) a reprimand; or (b) a fine not exceeding a limit fixed in the port operating agreement; or (c) cancellation of the port operating agreement. (3) Before the Minister takes disciplinary action against a port operator under this section, the Minister must give written notice to the port operator— (a) specifying the non-compliance; and (b) stating the disciplinary action the Minister proposes to take in respect of the non-compliance; and (c) allowing the port operator a reasonable opportunity to make written representations. (4) After considering the port operator's representations, the Minister may— (a) refrain from taking disciplinary action; or (b) by written notice to the port operator— (i) administer a reprimand; or (ii) impose a fine (to be recoverable as a debt due to the Crown) of an amount stated in the earlier notice or of a lesser amount; or (iii) if cancellation of the port operating agreement was proposed in the earlier notice— (A) impose a fine not exceeding the maximum permissible under the port operating agreement; or (B) cancel the port operating agreement. (5) A port operator may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a decision of the Minister to take disciplinary action against the port operator under this section. (5a) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with expertise that would be of value to the Tribunal in relation to the proceedings. (5b) In any proceedings under this section, the Tribunal may, if the President of the Tribunal so determines, sit with 1 or more assessors. (5c) Section 37(1)(c)(ii) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply in relation to a review of a decision of the Minister to take disciplinary action against a port operator under this section. (7) The port operating agreement may contain provisions governing the exercise of the Minister's powers under this section. 28G—Power to appoint manager (1) If— (a) a port operator is seriously in breach of its obligations under a port operating agreement; or (b) a port operating agreement is cancelled or expires without renewal, the Minister may appoint an official manager to operate the port. (2) If a port operator— (a) becomes insolvent within the meaning of Part 7.10 of the Corporations Law; or (b) goes into liquidation, the Minister may appoint an official manager to operate the port. (3) An appointment under subsection (1) or (2) may be terminated at any time by the Minister. (4) The port operating agreement may contain provisions governing the exercise of the Minister's powers under this section. 28H—Powers of the manager (1) The official manager— (a) is to assume the control and management of the port; and (b) is entitled to possession and control of property of the port operator (or former port operator)— (i) used for the purpose of operating the port; and (ii) defined in the port operating agreement as property subject to the application of this paragraph; and (c) is, while the appointment continues in force, taken to be the port operator. (2) Any proceeds of the business while under official management are to be applied as follows: (a) first, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and (b) secondly, a reasonable rental for the property over which the manager has assumed control is to be paid out of the proceeds while the property remains in the manager's possession; and (c) thirdly, any remaining balance is to be paid into the Consolidated Account. (3) A port operating agreement may exclude or modify the provisions of subsection (1) or (2). (4) The regulations may confer powers and impose duties on official managers and regulate official management in other ways. Division 2—Port management officers 29—Port management officers (1) A port operator may appoint officers or employees of the operator to be port management officers. (2) The port operator must issue to each port management officer appointed by it an identity card— (a) containing a photograph of the officer; and (b) stating the name of the port for which the officer is appointed; and (c) stating any conditions of appointment limiting the officer's authority. (3) A port management officer must, at the request of any person in relation to whom the officer is exercising or about to exercise powers under this Act, produce the officer's identity card for inspection by that person. Division 2A—Operational powers 29A—Interpretation In this Division— authorised officer means— (a) in relation to a port—a port management officer; (b) in relation to a harbor that is not a port, or a part of a harbor that is not within a port—an authorised person. 29B—Power of direction (1) An authorised officer may give a direction (orally, by signal, radio communication, or in any other appropriate manner) to a person in charge, or apparently in charge, of a vessel in or in the vicinity of a harbor or a port. (2) A direction may, for example— (a) require that vessels proceed to load or unload in a particular order; or (b) require that a vessel be moored or anchored in a particular position; or (c) require that a vessel be secured in a particular way; or (d) require that a vessel be moved from a particular area or position; or (e) require the production of documents relating to the navigation, operation, pilotage, use or loading of the vessel. (3) A person who fails, without reasonable excuse, to comply with a direction under this section is guilty of an offence. Maximum penalty: $5 000. 29C—Power to board vessel (1) A person in charge of a vessel in a harbor or port must, at the request of an authorised officer, permit the officer— (a) to board the vessel; and (b) to inspect the vessel and its cargo; and (c) to carry out on the vessel any investigation necessary to ensure that the vessel and the business in the course of which the vessel is being used is being operated lawfully. (2) If there is no-one on board a vessel to whom a request may be given under subsection (1), the authorised officer may board the vessel and cause the vessel to be moved as the officer thinks fit. (3) Any costs incurred by an authorised officer under subsection (2) are recoverable as a debt from the owner of the vessel. (4) A person who fails to comply with a request under this section is guilty of an offence. Maximum penalty: $5 000. Division 3—Harbor improvement work 30—Dredging or other similar work (1) The Minister or a port operator may carry out dredging or other work to deepen, extend or clear a harbor or port. (2) If the owner of a wharf benefits from work carried out by the Minister under subsection (1), the Minister may recover a reasonable proportion of the cost of the work from that owner. (3) The proportion of the cost to be recovered is to be determined by agreement between the Minister and the owner or, in default of agreement, by an arbitrator appointed under the Commercial Arbitration Act 1986. 30A—Development of harbors and maritime facilities (1) The Minister or a port operator may carry out work of any kind for the development or improvement of a harbor or port. (2) The Minister or port operator may, for example, establish facilities for— (a) the anchorage or mooring of vessels; (b) the maintenance and repair of vessels; (c) the loading and unloading of passengers or goods; (d) the storage of goods; (e) facilitating industrial or commercial development associated with or to be associated with a harbor or port; (f) sporting or recreational purposes. (3) A port operator— (a) must establish and maintain facilities and equipment for the safety of life and property in the port as required under a port operating agreement; and (b) may establish and maintain other facilities and equipment for the safety of life and property. 30B—Application of Development Act 1993 The powers conferred by this Division are subject to the Development Act 1993. Division 4—Harbor charges etc 31—Power to fix charges (1) Subject to any relevant law or determination, the Minister may fix charges— (a) for the use of facilities provided by the Minister for— (i) the mooring of vessels; (ii) the loading or unloading of passengers or goods; (iii) the storage of goods; (iv) the safe navigation of vessels; (v) any other purpose; or (b) for the entry of vessels into waters under the Minister's control and management; or (c) for services provided by the Minister. (2) The Minister may fix default charges to be paid if a charge fixed under this section is not paid within a specified period. (3) The Minister must publish Schedules of the charges and default charges fixed under this section. 31A—Power to waive or reduce charges The Minister may waive or reduce a charge (or default charge), or extend the time for payment of a charge (or default charge), as the Minister thinks fit. 31B—Charges in respect of goods (1) A charge (or default charge) payable under this Division in respect of the unloading or storage of goods is recoverable as a debt from the consignor or consignee of the goods. (2) The Minister may retain possession of goods until the appropriate charge is paid. (3) If the charge is not paid within 60 days after the goods are unloaded, the Minister may, after giving notice in writing to the consignee of the goods, sell the goods and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale. 31C—Charges in respect of vessels (1) If a charge to which the Minister is entitled in respect of a vessel is not paid by the date payment falls due, an authorised person may, at the Minister's direction, arrest the vessel and take it into the Minister's custody. (2) If the charge remains unpaid 60 days after the vessel is taken into the Minister's custody, the Minister may, after giving notice to the owner of the vessel, sell the vessel and retain the charge (together with any default charges and the costs of conducting the sale) from the proceeds of sale. 31D—Power to prevent use of harbor or port facilities (1) If a person is in default in the payment of a charge (or default charge) payable under this Division, the Minister may, by written notice given to the person in default, prohibit the person from using harbor or port facilities provided by the Crown until the charge has been paid. (2) A person must not use facilities in contravention of a prohibition imposed under subsection (1). Maximum penalty: $5 000. Part 5A—Pilotage 33—Licensing of pilots (1) The CE may license persons qualified in accordance with the regulations as pilots. (1a) A licence remains in force for the period specified in the regulations and may be renewed in accordance with the regulations. (2) A licence may be granted under this section on such conditions as the CE thinks fit. (3) The CE may, by notice in writing to the holder of a licence under this Part, vary or revoke a condition of the licence. (4) A person who holds a licence under this Part must not contravene or fail to comply with a condition of the licence. Maximum penalty: $5 000. (5) The CE may, by notice in writing to a licensed pilot, cancel the licence if satisfied that the pilot— (a) has been guilty of incompetence or breach of duty; or (b) has breached a condition of licence; or (c) has suffered mental or physical incapacity rendering the pilot incapable of satisfactorily performing the duties of a pilot. (6) On cancellation of a licence under this section, the former licensee must return the licence to the CE. Maximum penalty: $750. 34—Pilotage exemption certificate (1) The CE may issue a pilotage exemption certificate to the master of a vessel in accordance with the regulations. (1a) A pilotage exemption certificate remains in force for the period specified in the regulations and may be renewed in accordance with the regulations. (2) A pilotage exemption certificate may be granted on such conditions as the CE thinks fit. (3) The CE may, by notice in writing to the holder of a pilotage exemption certificate under this Part, vary or revoke a condition of the certificate. (4) A person who holds a pilotage exemption certificate under this Part must not contravene or fail to comply with a condition of the certificate. Maximum penalty: $5 000. (4a) A pilotage exemption certificate lapses if the holder does not continue to have the periodic experience in the navigation of vessels required by the regulations. (5) The CE may, by notice in writing to the holder of a pilotage exemption certificate, cancel the certificate if there are, in the CE's opinion, proper reasons for doing so. (6) On cancellation of a pilotage exemption certificate under this section, the former holder of the certificate must return the certificate to the CE. Maximum penalty: $750. 35—Compulsory pilotage (1) A vessel 35 metres or more in length must not be navigated within a prescribed area unless— (a) the vessel is navigated under the control or at the direction of a licensed pilot; or (b) the master of the vessel holds a pilotage exemption certificate under this Part. (2) If a vessel is navigated in contravention of this section, the owner and the master are each guilty of an offence. Maximum penalty: $10 000. (4) The CE may, subject to such conditions as the CE thinks fit, exempt a vessel from the requirements of this section. (5) In this section— prescribed area means— (a) a harbor prescribed by the regulations for the purposes of this section; and (b) any other area of this jurisdiction prescribed by the regulations for the purposes of this section. 36—Duties and immunities of pilots (1) The duty of a pilot is to pilot the vessel subject to the authority of the master, and the fact that a vessel is under pilotage does not relieve the master from responsibility for the navigation of the vessel. (2) No civil liability attaches to a pilot or to a pilot's employer for negligence by the pilot in relation to the pilotage of the vessel (but this subsection does not relieve from liability that may attach to a person as owner of a vessel). (3) The liability of the owner or master of a ship for damage resulting from a fault in the navigation of the ship is unaffected by the fact that the vessel is under pilotage or that the pilotage is compulsory. Part 7—Boat operator's licence etc 46—Vessels to which this Part applies This Part applies to— (a) a vessel fitted with an engine; and (b) any other vessel of a class declared by regulation to be a class of vessels to which this Part applies. 47—Requirement for boat operator's licence, exemption or permit (3) A person must not operate a vessel to which this Part applies unless that person holds— (a) a boat operator's licence; or (b) an exemption from the requirement to hold a boat operator's licence; or (c) a special permit granted under the regulations; or (d) a prescribed certificate of competency that is in force. Maximum penalty: $5 000. Expiation fee: $315. (3a) A person must not cause, suffer or permit another to operate a vessel to which this Part applies unless the other person holds— (a) a boat operator's licence; or (b) an exemption from the requirement to hold a boat operator's licence; or (c) a special permit granted under the regulations; or (d) a prescribed certificate of competency that is in force. Maximum penalty: $5 000. Expiation fee: $315. (4) This section does not apply in relation to a hire and drive vessel (within the meaning of section 47A). (5) A person who commits an offence against this section while disqualified from holding a boat operator's licence is liable to a fine of twice the amount prescribed above. (6) In this section— prescribed certificate of competency means— (a) a certificate of competency (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law); or (b) a certificate of competency (however described) issued by a State or Territory that continues to have effect pursuant to transitional provisions made under the Marine Safety (Domestic Commercial Vessel) National Law), but does not include a certificate of competency of a kind declared by the regulations not to be a prescribed certificate of competency for the purposes of this definition (whether generally or in relation to the operation of a vessel in a particular area). 47A—Requirements for operators of hire and drive vessels (1) Without limiting section 46, this section applies to, or in relation to, an excluded vessel that is a hire and drive vessel fitted with an engine. (2) A person must not operate a hire and drive vessel fitted with an engine unless the person holds— (a) a boat operator's licence; or (b) a prescribed certificate of competency; or (c) an exemption from the operation of this subsection; or (d) a special permit granted under the regulations. Maximum penalty: $2 500. Expiation fee: $105. (3) A person must not cause, suffer or permit another to operate a hire and drive vessel fitted with an engine unless the other person holds— (a) a boat operator's licence; or (b) a prescribed certificate of competency; or (c) an exemption from the operation of this subsection; or (d) a special permit granted under the regulations. Maximum penalty: $2 500. Expiation fee: $105. (4) However, subsections (2) and (3) do not apply in relation to— (a) the operation on the River Murray system (within the meaning of the River Murray Act 2003) between the border of South Australia and a line joining the upstream sides of the landings used by the ferry at Wellington of a hire and drive vessel that is a houseboat by a person who— (i) is at least 18 years of age; and (ii) holds either— (A) a current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or (B) a current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and (iii) has received such practical and written instruction in relation to the operation of the houseboat as the regulations may require; or (b) the operation in waters specified by the CE for the purposes of this paragraph of a hire and drive small vessel by a person who— (i) is at least 16 years of age; and (ii) has received such practical and written instruction in relation to the operation of the vessel as the regulations may require. (5) For the purposes of subsection (4)(b), the CE may specify waters— (a) by reference to particular waters, or waters of a specified class; or (b) by reference to the waters in which a particular hire and drive small vessel, or a hire and drive vessel of a specified class, may be operated. (6) For the purposes of this section, a vessel will be taken to be a houseboat if— (a) the vessel has facilities for overnight accommodation; and (b) — (i) all the living facilities are on or above the deck of the vessel; or (ii) although not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CE and the owner of the vessel agree that the vessel is to be classed as a houseboat. (7) A person who commits an offence against subsection (2) while disqualified from holding a boat operator's licence or prescribed certificate of competency (as the case requires) is liable to a fine of twice the amount prescribed above. (8) In this section— personal watercraft means a device that— (a) is propelled by a motor; and (b) has a fully enclosed hull; and (c) is designed not to retain water if capsized; and (d) is designed to be operated by a person who sits astride, stands, or kneels on the device, and includes the device commonly referred to as a jet ski; prescribed certificate of competency has the same meaning as in section 47; hire and drive small vessel means a hire and drive vessel that is— (a) a personal watercraft; or (b) a motorised dinghy having a length not exceeding 5 m; hire and drive vessel means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants. 48—Issue of boat operator's licence or exemption (1) The CE must arrange for the examination of applicants seeking a boat operator's licence. (2) A person who— (a) passes the examination for a boat operator's licence; and (b) satisfi