Boats, Vessels and Watercraft

One of the most serious boating offences a person can commit is dangerous navigation occasioning death. This offence is contained in section 52B of the Crimes Act 1900. There is precious little case-law surrounding dangerous navigation, but the law on dangerous driving is a good guide as to the elements of this offence.

Dangerous navigation occasioning grievous bodily harm (GBH) is an extremely serious criminal offence, contained in section 52B of the Crimes Act 1900.

The rules governing the wearing of lifejackets on recreational vessels on all NSW navigable waters are governed by the Maritime Safety Regulations 2016. These regulations set out when life jackets must be worn on recreational vessels and the penalties for non-compliance.

Operating a boat under the influence of alcohol is a very serious offence under the Marine Safety Act 1998. As with driving a car, there are legal limits on the amount of alcohol that can be in a person’s system when operating a boat. The limit varies depending on the person’s age and whether the boat is being used for private or commercial use.

The RMS requires boat owners to register their vessel and to hold an appropriate licence to operate a recreational vehicle in New South Wales. The Marine Safety Act 1998 contains penalties relating to operating a vessel unregistered or unlicensed or after being disqualified from doing so.