2.2 Swimming or diving around wharves

2.2.1  
No person shall jump, dive, swim or undertake other related activities:

• (a) From or within 50 metres of any commercial jetty, wharf, or quay which is in regular use for the berthing and un-berthing of vessels; or
• (b) Within any area that the Harbourmaster may determine in the interest of navigation safety;
• (c) Any other such areas in the navigable waters of the region as the Harbourmaster may from time to time determine.

2.3 Use of vessel engine around wharves, ramps

2.3.1 
No person shall operate the propulsion system of a vessel while it is lying at any wharf, or while it is loading or unloading at any ramp, in such a way that it may damage any property, scour the bed of the waterway, or injure any person.  However, this bylaw does not preclude the use of the propulsion system for the safe berthing or un-berthing of any vessel at a wharf.

2.3.2 
The master of any commercial vessel shall:

• (a) Ensure that the vessel’s moorings are checked prior to, and tended during, the testing of its propulsion system while that vessel is lying at any wharf; and
• (b) Warn all persons or vessels in the immediate vicinity of that vessel that the engines are being tested.

2.4 Vessels which are not seaworthy

2.4.1
The master and/or owner of every vessel anchored or moored in any waters in the region must keep the vessel in a seaworthy condition at all times, unless the Harbourmaster or Enforcement Officer has given prior written approval for it to be anchored or moored in a condition which is not seaworthy and subject to such conditions that the Harbourmaster or Enforcement Officer may determine appropriate to ensure navigation safety.

2.4.2 
If any vessel is a navigation hazard by reason of it not being seaworthy:

• (a) The Harbourmaster or Enforcement Officer may give a direction to the master and/or owner of that ship to move the vessel to an alternative location or remove it from the waters of the region within a reasonable time specified in the direction.  Such direction may be given by any means of communication and subsequently supported by a written direction; and
• (b) Where the master and/or owner of a vessel fails to move that vessel in accordance with such direction given by the Harbourmaster or Enforcement Officer, the Harbourmaster or Enforcement Officer may move that vessel to a position where it is no longer a hazard or remove it from the water. Costs incurred will be recovered from the owner of the vessel as a debt due to the council.  The owner and master are jointly and severally responsible for ensuring the direction is complied with.

2.4.3 
No person shall operate any vessel that is not seaworthy except to comply with the directions under this bylaw of the Harbourmaster or an Enforcement Officer to move that vessel to an alternative location.  However, in the event of an emergency or an accident at sea, the person in charge of the vessel shall proceed to a safe area immediately.

2.5 Seaplanes

2.5.1 
No person navigating a vessel shall impede a seaplane in the process of landing or taking off.

2.5.2 
No person shall take off, land or attempt to take off or land any seaplane or other aircraft, except in an emergency, in any area, other than areas reserved for that purpose, without the prior written permission of the Harbourmaster.  Written application must be received by the Harbourmaster not less than 48 hours before the proposed landing or taking off.

2.6 Vessels to be adequately moored or secured

2.6.1 
No person shall anchor or moor a vessel in any navigable water in a manner that it may break free, drag anchor or cause a navigational safety hazard.

2.6.2 
No person shall cut, break, or destroy:

• (a) The mooring or anchor of any vessel; or 
• (b) The fastening securing any vessel lying in a dock or at or near a wharf or landing place.

2.6.3  

The owner or master of a vessel berthed at a wharf, or at anchor, must ensure that it is securely fastened at all times and, if required by the Harbourmaster, maintain a person on board to keep a watch.

2.7 Prohibited and restricted anchorages

2.7.1 
Except in emergencies no person may anchor or moor any vessel within any prohibited anchorage.

2.7.2 
No person shall anchor a vessel so as to:

• (a)  Obstruct the passage of other vessels or obstruct the approach to any commercial wharf, pier, jetty or mooring; or
• (b)  Create a hazard to other vessels moored or at anchor; or
• (c)  Create a safety hazard for other vessels, swimmers or water users.

2.7.3 
The prohibited areas to which this bylaw applies are those prescribed in Schedule Schedule 2 (Location-specific Information).

2.7.4 
No person shall anchor any commercial vessel in the areas listed in Schedule 2 (Location-specific Information) without the prior permission of the Harbourmaster.

2.8 Obstructions

2.8.1 
No person shall obstruct the navigation of any waterway or the access to any wharf, landing place, boat ramp, slipway, navigation channel or mooring without the prior written authorisation of the Harbourmaster.

2.8.2 
No person shall place any obstruction, including any vessel or fishing apparatus, in any waterway that is liable to:

• (a) Restrict navigation; or
• (b) Cause, or have potential to cause injury or death to any person; or
• (c) Cause damage to any vessel or any property.

2.8.3 
No person shall leave equipment, stabilizers, booms, cranes, davits or other equipment extending over the side of a vessel so as to cause a hazard to any other vessel.