Lakes Act 1976

Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Lakes Act 1976 A1976-65 Republication No 17 Effective: 9 March 2017 Republication date: 9 March 2017 Last amendment made by A2017-4 http://www.legislation.act.gov.au/a/2017-4/default.asp Unauthorised version prepared by ACT Parliamentary Counsel’s Office About this republication The republished law This is a republication of the Lakes Act 1976 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 March 2017. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 9 March 2017. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 contents 1 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Lakes Act 1976 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 4 Offences against Act—application of Criminal Code etc 2 4A Application 3 4B Application of Act to Territory 3 5 Declaration of area as lake 3 Part 2 Administration 6 Delegate for lakes 4 7 Inspectors 4 8 Identity cards 4 9 Powers of inspectors etc 5 10 Contravention of inspector’s direction 6 Contents Page contents 2 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 3 Control of a lake 13 Alterations in flow and water level 7 14 Compensation for damage 7 Part 4 Use of a lake 15 Erection of signs 9 16 General restrictions on boats 9 17 Restrictions on bathing, swimming and diving 10 18 Interference etc with signs 10 19 Approved buoys, wharves and jetties 11 20 Restrictions on mooring 12 21 Prohibition of use of lake area or parts of lake 12 22 Closing of parts of lake for certain events 13 23 Access to leased or occupied land 14 24 Anchoring boats at night 15 25 Mooring of boats 15 25A Use of power boats—interstate licence holders 16 26 Use of power boats—other people 16 27 Restrictions on use of power boats 17 29 Restriction on use of hovercraft 18 30 Removal of vehicles and boats from a lake etc 18 31 Houseboats prohibited 19 32 Camping and caravanning 19 33 Agreements for use of lake areas 20 34 Commercial activities in lake area 20 35 Power to charge for admission 20 Part 5 Rules for preventing collisions on a lake Division 5.1 Lighting rules 36 Meaning of operator for div 5.1 21 37 Compliance with lighting rules 21 38 Lights to be carried on large power boats 21 39 Light to be carried by small power boats 22 39A Lights to be carried by sailing vessels 22 40 Emergency lights 23 Contents Page R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 contents 3 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Division 5.2 Rules of the water 41 Sailing and steering rules generally 23 42 Course and speed to be kept 24 43 Restriction on crossing ahead 24 44 Power boats to slacken speed 24 45 Overtaking boats 24 46 Use of channels 25 47 Racing rules 25 Division 5.3 General 48 Reckless or negligent operation of boat 25 49 Causing unreasonable interference 26 50 Navigation of boat while intoxicated 26 Part 6 Notification and review of decisions 51 Meaning of reviewable decision—pt 6 27 51AA Reviewable decision notices 27 51AB Applications for review 27 Part 7 Miscellaneous 51A Acts and omissions of representatives 28 52 Evidence 29 54 Determination of fees 29 55 Approved forms 29 56 Regulation-making power 29 Schedule 2 Reviewable decisions 31 Dictionary 33 Endnotes 1 About the endnotes 36 2 Abbreviation key 36 3 Legislation history 37 Contents Page contents 4 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 4 Amendment history 42 5 Earlier republications 50 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 1 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Australian Capital Territory Lakes Act 1976 An Act to provide for the administration, control and use of certain lakes Part 1 Preliminary Section 1 page 2 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 1 Preliminary 1 Name of Act This Act is the Lakes Act 1976. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 4A R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 3 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 4A Application This Act applies only in relation to Territory land. 4B Application of Act to Territory (1) The following provisions do not bind the Territory: (a) section 16 (General restrictions on boats); (b) section 17 (Restrictions on bathing, swimming and diving); (c) section 18 (Interference etc with signs); (d) section 19 (Approved buoys, wharves and jetties); (e) section 20 (Restrictions on mooring); (f) section 21 (Prohibition of use of lake area or parts of lake); (g) section 22 (Closing of parts of lake for certain events); (h) section 24 (Anchoring boats at night); (i) section 25 (Mooring of boats); (j) section 27 (Restrictions on use of power boats); (k) section 29 (Restriction on use of hovercraft); (l) section 32 (Camping and caravanning). (2) This section has effect despite the Legislation Act 2001, section 121 (Binding effect of Acts). 5 Declaration of area as lake (1) The Minister may declare an area to be a lake for this Act. (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 2 Administration Section 6 page 4 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 2 Administration 6 Delegate for lakes The director-general must appoint a public servant as the Delegate for Lakes. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207). 7 Inspectors (1) The director-general may appoint a public servant as an inspector for this Act. Note See the notes to s 6. Also, a person may be appointed for a particular provision of the Act (see Legislation Act, s 7 (3)). (2) The delegate for lakes and police officers are also inspectors. 8 Identity cards (1) The director-general must give an inspector (other than a police officer) an identity card stating the person’s name and that the person is an inspector. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an inspector; and http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Administration Part 2 Section 9 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 5 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an inspector. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. 9 Powers of inspectors etc (1) For the purposes of this Act, an inspector may— (a) where he or she has reasonable grounds for believing that an offence against this Act is being, or has been, committed, enter and inspect any place, premises, vehicle or boat in a lake area; and (b) give such reasonable directions to persons using a lake area and associated works as are in his or her opinion necessary for the safe and proper use of the lake area and associated works. (2) If a declaration has been signed by the Minister under section 21 (1) but has not yet been notified under section 21 (2), an inspector may, on production of a copy of the signed declaration, direct a person who is in the lake area of the lake mentioned in the declaration to leave that area. (3) For the purposes of subsection (1) (b) or (2), an inspector may drive a vehicle or navigate a boat or use, ride upon or cause himself or herself to be carried or drawn on a vehicle or boat within a lake area and, when so doing, is not liable for the payment of any fare ordinarily chargeable for the hire or use of the vehicle or boat. (4) An inspector (other than a police officer) who enters any place, premises, vehicle or boat in pursuance of this Act is not authorised 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 his or her identity card, the inspector does not produce the card. Part 2 Administration Section 10 page 6 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 10 Contravention of inspector’s direction A person must take all reasonable steps to comply with a direction given to the person by an inspector. Maximum penalty: 50 penalty units. Control of a lake Part 3 Section 13 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 7 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 3 Control of a lake 13 Alterations in flow and water level (1) For the purposes of the maintenance and preservation of a lake and the maintenance, testing and preservation of associated works, the Minister may authorise— (a) a raising or lowering, by any means, of the level of water in a lake; or (b) stopping the flow, or reducing the rate of flow, of water from a lake; or (c) the flow, or an increase in the rate of flow, of water from a lake. (2) The Minister must ensure that any action necessary to minimise any detriment, inconvenience and damage that may result from doing something under subsection (1) is taken. (3) The Minister must not authorise the doing of an act under subsection (1) without first consulting with the environment protection authority. 14 Compensation for damage (1) Where any land is injuriously affected by the doing of an act authorised by the Minister under section 13 (1), the owner of the land— (a) must be paid compensation by the Territory; and (b) 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) is to be determined by the Minister. Part 3 Control of a lake Section 14 page 8 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) This section does not exclude or limit any liability of the Territory or a person apart from this section in respect of a matter in relation to which compensation is not payable under this section. Use of a lake Part 4 Section 15 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 9 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 4 Use of a lake 15 Erection of signs The Minister may, by a sign erected or displayed within a lake area— (a) specify an area in the vicinity of, and defined in, the sign as— (i) a launching area; or (ii) a mooring area; or (iii) a beaching area; or (iv) a swimming area; or (v) an area within which embarkation on to, or disembarkation from, a boat is not permitted; or (vi) 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; or (vii) an area within which the landing of boats is not permitted; or (viii) an area within which bathing or swimming in, or diving into, the lake is not permitted; or (b) give information or warning to people using the lake area. 16 General restrictions on boats (1) A person must not— (a) put a boat in a lake, or take a boat from a lake, at a place that is not a launching area under section 15; or (b) moor a boat on a lake at a place that is not in a mooring area under section 15; or Part 4 Use of a lake Section 17 page 10 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) beach, clean or repair a boat in a lake area at a place that is not a beaching area under section 15; or (d) embark on, or disembark from, a boat on a lake in contravention of a sign under section 15; or (e) land a boat on a lake shore, or an island in a lake, in contravention of a sign under section 15. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 17 Restrictions on bathing, swimming and diving (1) A person must not— (a) bathe or swim in a lake directly under a bridge; or (b) dive into a lake from, or directly under, a bridge; or (c) bathe or swim in a lake, or dive into a lake, in contravention of a sign under section 15. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 18 Interference etc with signs (1) A person commits an offence if the person interferes with, changes or removes a sign under section 15. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. Use of a lake Part 4 Section 19 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 11 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 19 Approved buoys, wharves and jetties (1) The Minister may, upon application made to him or her in writing, approve, subject to such conditions (if any) as he or she thinks necessary, the anchoring of a buoy in a lake or the erection of a wharf or jetty within a lake area. Note A fee may be determined under s 54 (Determination of fees) for an application under this subsection. (2) A person commits an offence if— (a) the person anchors a buoy in a lake; and (b) the anchoring is not approved under subsection (1). Maximum penalty: 5 penalty units. (3) A person commits an offence if— (a) the person erects a wharf or jetty in a lake area; and (b) the erection is not approved under subsection (1). Maximum penalty: 5 penalty units. (4) A person commits an offence if— (a) the person moors a boat in a mooring area under section 15; and (b) the boat is moored to something other than— (i) a buoy anchored in accordance with an approval under subsection (1); or (ii) a wharf or jetty erected in accordance with an approval under subsection (1). Maximum penalty: 5 penalty units. (5) An offence against this section is a strict liability offence. Part 4 Use of a lake Section 20 page 12 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 20 Restrictions on mooring (1) The Minister may, by a sign installed at or near a wharf or jetty in a lake area, restrict the mooring of boats to the wharf or jetty to boats of a kind indicated by the sign. (2) A person must not moor a boat to a wharf or jetty in contravention of a sign under subsection (1). Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. 21 Prohibition of use of lake area or parts of lake (1) The Minister may declare one or both of the following: (a) that entry to a lake area is prohibited; (b) that an area of a lake is a prohibited area. (2) A declaration under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) The Minister must give additional public notice of a declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument. (4) The Minister must not prohibit entry to a lake or declare an area of a lake to be a prohibited area unless— (a) 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; or (b) the prohibition or declaration is reasonably necessary in connection with the maintenance or preservation of a lake or the maintenance, preservation or testing of an associated work; or http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Use of a lake Part 4 Section 22 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 13 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (c) the chief police officer 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 police officers to carry out their duties in a lake or in a lake area; or (d) by reason of an emergency in a lake or a lake area, it is necessary or desirable to do so; or (e) to do so is otherwise in the public interest. (5) The Minister may cause a boundary of a prohibited area to be defined by such means as he or she thinks necessary. (6) A person commits an offence if— (a) the person enters, or remains in, a lake area; and (b) entry to the area is prohibited under subsection (1); and (c) an inspector has told the person that entry to the area is prohibited. Maximum penalty: 50 penalty units. (7) A person commits an offence if— (a) the person enters, or remains in, a prohibited area of a lake; and (b) an inspector has told the person that— (i) the area is a prohibited area; and (ii) the person must not enter, or remain in, the area. Maximum penalty: 50 penalty units. (8) An offence against this section is a strict liability offence. 22 Closing of parts of lake for certain events (1) The Minister may declare one or both of the following: (a) that part of a lake is a closed area for the period stated in the declaration; and Part 4 Use of a lake Section 23 page 14 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) that an entity is authorised to conduct a stated event in the closed area during the stated period. Note Entity includes an unincorporated body (see Legislation Act, dict, pt 1). (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) The Minister must give additional public notice of a declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument. (4) A person commits an offence if— (a) the person enters the closed area during the period stated in the declaration; and (b) if subsection (1) (b) applies—the entry is not authorised by the entity authorised by the declaration. Maximum penalty: 50 penalty units. (5) An offence against this section is a strict liability offence. (6) In this section: event means a regatta, exhibition, sporting contest or other display. 23 Access to leased or occupied land The Minister must not— (a) in a declaration under section 21, prohibit entry to or declare to be a prohibited area; or http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Use of a lake Part 4 Section 24 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 15 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) in a declaration 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 Territory or the Commonwealth or by virtue of a law in force in the Territory. 24 Anchoring boats at night (1) A person must not anchor a boat on a lake at night. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that— (a) the boat was anchored to allow fishing by a hand-held rod and line; and (b) the defendant or someone else was fishing by a hand-held rod and line for most of the time the boat was anchored. 25 Mooring of boats (1) The Minister may give a person a written permit to moor a boat in a mooring area under section 15. Note 1 A fee may be determined under s 54 for this provision. Note 2 If a form is approved under s 55 for this provision, the form must be used. (2) The permit remains in force for the period, no longer than 12 months, stated in the permit. (3) A person commits an offence if the person— (a) moors a boat on a lake; and Part 4 Use of a lake Section 25A page 16 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (b) does not have a permit for the mooring. Maximum penalty: 50 penalty units. (4) An offence against this section is a strict liability offence. 25A Use of power boats—interstate licence holders (1) This section applies to a person who holds a licence or permit (however described) under the law of a State that authorises the person to use a power boat. (2) The person is authorised to use a power boat in or on a lake if the person complies with— (a) any conditions or restrictions (however described) to which the person’s licence or permit is subject; and (b) any conditions determined by the Minister for this section. Example for par (a) If a licence authorises a person to operate a power boat of up to a stated engine capacity, the person is authorised to use a power boat of not more than that engine capacity in or on a lake. (3) A determination under subsection (2) (b) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 26 Use of power boats—other people (1) The Minister may, on such conditions (if any) as he or she thinks fit, authorise, by notice in writing, the use of a power boat in or on a lake— (b) by a sports club in connection with the training of persons for or the conduct of a competition in an aquatic sport; or (c) by such other persons for such purposes as he or she approves. Note A fee may be determined under s 54 (Determination of fees) for an authorisation under this subsection. http://www.legislation.act.gov.au/a/2001-14 Use of a lake Part 4 Section 27 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (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— (a) impose further conditions on the authority; or (b) 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— (a) fails to comply with a provision of this Act; or (b) 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 served on a sports club— (a) by giving a copy of the notice to a member of the governing body of the club; or (b) by sending it by prepaid post, addressed to the governing body of the club, at the club’s last-known address. Note For other ways of serving documents, see Legislation Act, pt 19.5. 27 Restrictions on use of power boats (1) A person commits an offence if— (a) the person is in charge or in control of a power boat on a lake; and (b) the use of the boat on the lake is not authorised under section 25A or section 26. Maximum penalty: 50 penalty units. http://www.legislation.act.gov.au/a/2001-14 Part 4 Use of a lake Section 29 page 18 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) A person commits an offence if— (a) the person is a passenger in a power boat on a lake; and (b) the use of the boat on the lake is not authorised under section 25A or section 26. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. 29 Restriction on use of hovercraft (1) The Minister may, subject to such conditions (if any) as he or she thinks fit, grant to a person a permit to use a hovercraft within or above a lake area. Note A fee may be determined under s 54 (Determination of fees) for an application under this subsection. (2) A person commits an offence if the person— (a) uses a hovercraft in or over a lake area; and (b) does not have a permit for the use. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 30 Removal of vehicles and boats from a lake etc (1) Where, in the opinion of an inspector, a vehicle or boat in a lake area— (a) is obstructing or is likely to obstruct the free passage of any person, vehicle or boat in the lake area; or (b) should, in the interests of safety or of the public, be moved; the inspector 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. Use of a lake Part 4 Section 31 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 19 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) Where an inspector— (a) 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 (b) gives a direction under subsection (1) and the owner or person in charge of the vehicle or boat contravenes the direction; the inspector may, with such assistance (if any) and by such means, as he or she thinks necessary, move the vehicle or boat to another place in, or remove it from, the lake area. (3) Where an inspector, in the exercise of his or her powers under subsection (2), moves or removes a vehicle or boat, the Territory 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 is not liable for any damage that he or she may cause to a vehicle or boat in the proper exercise of his or her powers under this section. 31 Houseboats prohibited (1) A person must not use a boat as a houseboat or place of living in a lake area. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 32 Camping and caravanning (1) A person must not camp, or keep a caravan, in a lake area at night. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Part 4 Use of a lake Section 33 page 20 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 33 Agreements for use of lake areas The Minister may, on behalf of the Territory, enter into agreements with persons with respect to the undertaking of commercial activities by those persons within a lake area. 34 Commercial activities in lake area (1) A person commits an offence if— (a) the person undertakes a commercial activity in a lake area; and (b) the activity is not undertaken in accordance with an agreement under section 33. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 35 Power to charge for admission (1) The Minister may, on any day or part of a day, authorise the delegate for lakes to make a charge for admission to a lake area or a part of a lake area and, when he or she is so authorised, the delegate for lakes 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, 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. Rules for preventing collisions on a lake Part 5 Lighting rules Division 5.1 Section 36 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 21 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 5 Rules for preventing collisions on a lake Division 5.1 Lighting rules 36 Meaning of operator for div 5.1 In this division: operator, of a boat, means— (a) the person in charge of the boat; or (b) if no-one is in charge of the boat—each person in the boat; or (c) if no-one is in the boat—the owner. 37 Compliance with lighting rules (1) The operator of a boat that is under way, or anchored, on a lake at night must ensure that the boat shows a light as required under this division. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 38 Lights to be carried on large power boats (1) This section applies to and in relation to a power boat that is— (a) 5m or more long; and (b) under way, or anchored, on a lake at night. (2) The boat must show, in the forepart of the boat where it can best be seen, not less than 2m above the gunwale, a bright white light that shows an unbroken light, visible at a distance of not less than 5km, over an arc of the horizon of 20 points of the compass, or 225o, from right ahead to 2 points of the compass, or 22.5o, abaft the beam on each side of the boat. Part 5 Rules for preventing collisions on a lake Division 5.1 Lighting rules Section 39 page 22 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (3) The boat must show, on the starboard side, a green light that shows an unbroken light, visible at a distance of not less than 1.5km, over an arc of the horizon of 10 points of the compass, or 112.5o, from right ahead of 2 points of the compass, or 22.5o, abaft the beam on the starboard side. (4) The boat must show, on the port side, a red light that shows an unbroken light, visible at a distance of not less than 1.5km, over an arc of the horizon of 10 points of the compass, or 112.5o, from right ahead to 2 points of the compass, or 22.5o abaft the beam on the port side. (5) The boat must 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 3km, over an arc of the horizon of 12 points of the compass, or 135o, from right aft to 6 points of the compass, or 67.5o, 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 0.5m below the bright white light specified in subsection (2). 39 Light to be carried by small power boats (1) This section applies to a power boat that is less than 5m long. (2) If the boat is under way, or anchored, on a lake at night, the boat must show a white light that is visible at a distance of 1.5km. 39A Lights to be carried by sailing vessels Section 38 (3), (4), (5) and (6) apply in relation to a sailing vessel that is under way, or anchored, on a lake at night as if that vessel were a boat to which section 38 applies. Rules for preventing collisions on a lake Part 5 Rules of the water Division 5.2 Section 40 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 23 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 40 Emergency lights (1) The operator of a boat that is under way, or anchored, on a lake at night must— (a) carry an electric torch or ignited lantern ready for immediate use; and (b) if a light required to be shown under this division fails—show the light of the torch or lantern instead of the failed light. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Division 5.2 Rules of the water 41 Sailing and steering rules generally (1) Where 2 sailing boats are approaching one another, so as to involve risk of collision— (a) a boat that is close-hauled on the port tack must keep out of the way of a boat that is close-hauled on the starboard tack; and (b) when both boats are running free, with the wind on different sides, the boat that has the wind on the port side must keep out of the way of the other boat; and (c) when both boats are running free, with the wind on the same side, the boat that is to windward must keep out of the way of the boat that is to leeward. (2) Where 2 power boats are approaching one another end on, so as to involve risk of collision, each boat must alter course to starboard so that each boat must pass on the port side of the other boat. (3) Where 2 power boats are crossing, so as to involve risk of collision, the boat that has the other boat on its own starboard side must keep out of the way of that other boat. Part 5 Rules for preventing collisions on a lake Division 5.2 Rules of the water Section 42 page 24 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (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 must 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 must keep out of the way of the sailing boat. 42 Course and speed to be kept Where 1 of 2 boats is, under this division, to keep out of the way of the other boat, that other boat must keep its course and speed until the boats are clear of one another, unless to do so would involve risk of collision 43 Restriction on crossing ahead A boat that is required under this division to keep out of the way of another boat must, if practicable, keep from crossing ahead of the other boat. 44 Power boats to slacken speed A power boat that is required under this division to keep out of the way of another boat must, on approaching that other boat, if necessary to avoid collision, slow down, stop or reverse. 45 Overtaking boats (1) A boat that is overtaking another boat must 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 22.5o, abaft that other boat’s beam is taken to be an overtaking boat. Rules for preventing collisions on a lake Part 5 General Division 5.3 Section 46 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 25 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 46 Use of channels Where the limits of a channel or fairway from a part of a lake to another part of the lake are defined by bearings, buoys or other means, a boat must not go from that firstmentioned part of the lake to that other part of the lake except within the limits of the channel or fairway as so defined. 47 Racing rules 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 entity controlling the race. Division 5.3 General 48 Reckless or negligent operation of boat (1) A person commits an offence if— (a) the person operates, or takes part in the operation of, a boat on a lake; and (b) the operation gives rise to the danger of— (i) harm or death to someone else; or (ii) damage to property; and (c) the person is reckless or negligent about the operation giving rise to that danger. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) In this section: harm—see the Criminal Code, dictionary. http://www.legislation.act.gov.au/a/2002-51 Part 5 Rules for preventing collisions on a lake Division 5.3 General Section 49 page 26 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 49 Causing unreasonable interference (1) A person commits an offence if the person operates a boat on a lake in a way that causes unreasonable interference to someone else’s use or enjoyment of the lake. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. 50 Navigation of boat while intoxicated (1) A person must not operate a boat on a lake while under the influence of intoxicating liquor. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) A person arrested for an offence under this section is entitled, on request made by him or her or on his or her behalf, to be examined by a doctor and, where any such request is made, the person making the arrest must provide all reasonable facilities for the holding of the examination. Notification and review of decisions Part 6 Section 51 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 27 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 6 Notification and review of decisions 51 Meaning of reviewable decision—pt 6 In this part: reviewable decision means a decision of the Minister mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 51AA Reviewable decision notices If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 2, column 4 in relation to the decision. Note 1 The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 51AB Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 2, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Part 7 Miscellaneous Section 51A page 28 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Part 7 Miscellaneous 51A Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. http://www.legislation.act.gov.au/a/2002-51 Miscellaneous Part 7 Section 52 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 29 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). 52 Evidence Unless the contrary is proved, evidence that a sign referred to in section 15 was erected, placed or displayed within a lake area or on Scrivener Dam is evidence that it was erected, placed or displayed, as the case may be, by or by the authority of the Minister. 54 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 55 Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the form must be used for that purpose. Note For other provisions about forms, see Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 56 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 7 Miscellaneous Section 56 page 30 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (2) The regulations may make provision in relation to— (a) the equipment to be carried on boats using a lake; and (b) the qualifications of people navigating power boats on a lake. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. Reviewable decisions Schedule 2 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 31 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Schedule 2 Reviewable decisions (see pt 6) column 1 item column 2 section column 3 decision column 4 entity 1 14 (2) make determination of compensation owner of land 2 19 (1) refuse to approve anchoring of buoy or erecting of wharf or jetty applicant for approval 3 19 (1) impose conditions on approval to anchor buoy or erect wharf or jetty applicant for approval 4 25 refuse to grant permit to moor boat applicant for permit 5 26 (1) refuse to authorise use of power boat applicant for authorisation 6 26 (1) impose conditions on power boat authorisation applicant for authorisation 7 26 (2) impose further conditions on power boat authorisation entity that holds authorisation 8 26 (2) vary or revoke condition imposed on power boat authorisation entity that holds authorisation 9 26 (2) refuse to vary or revoke condition imposed on power boat authorisation applicant for variation or revocation Schedule 2 Reviewable decisions page 32 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office column 1 item column 2 section column 3 decision column 4 entity 10 26 (3) revoke power boat authorisation entity that has authorisation revoked 11 29 (1) refuse to grant permit to use hovercraft applicant for permit 12 29 (1) impose conditions on permit to use hovercraft applicant for permit Dictionary R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 33 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:  ACAT  contravene  director-general (see s 163)  doctor  entity  exercise  night  penalty unit (see s 133)  reviewable decision notice  Territory land  the Territory. associated work includes a wharf or jetty, owned by the Territory or the Commonwealth, erected in a lake area. boat includes launch, yacht, canoe, raft, pontoon and anything else that can carry people or goods through or on water. commercial activities means— (a) selling, or offering for sale, food, drink or other things; or (b) letting, or offering to let, on hire bicycles, boats or other things; or (c) carrying, or offering to carry, passengers or things in or on a boat for fee or reward; or (d) carrying, or offering to carry, passengers or things in or on a horse-drawn vehicle; or (e) carrying on the business of boat repair; or http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Dictionary page 34 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office (f) undertaking any other activities prescribed under the regulations for this definition. delegate for lakes means the Delegate for Lakes appointed under section 6. foreshores, in relation to a lake— (a) means the area of land bounded by the level of the lake and an imaginary line drawn at a distance of 100m from the high water level of the lake; but (b) does not include land held under lease from the Commonwealth or occupied with the authority of the Territory or the Commonwealth or under a law in force in the ACT. inspector means a person who is an inspector under section 7. lake means Lake Burley Griffin or any other area declared by the Minister under section 5 to be a lake. lake area means the area consisting of 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 between Scrivener Dam and Sylvia Curley bridge. operator, for division 5.1 (Lighting rules)—see section 36. owner, of land, includes anyone with an interest in the land. power boat means a boat propelled by mechanical power, and includes a boat under both power and sail. prohibited area means a part of a lake declared by the Minister under section 21 to be a prohibited area. reviewable decision, for part 6 (Notification and review of decisions)—see section 51. sports club means an entity established for sporting or athletic purposes. Dictionary R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 35 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Sylvia Curley bridge means the bridge by which Dairy Road is carried across the Molonglo River. under way—a boat is under way unless it is anchored, moored, aground, or made fast to the shore or a jetty. visible, for a light, means visible on a dark night with a clear atmosphere. Endnotes 1 About the endnotes page 36 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes Legislation history 3 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 37 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 3 Legislation history This Act was originally a Commonwealth ordinance—the Lakes Ordinance 1976 No 65 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self government day). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on 11 May 1989 (self-government day). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Lakes Act 1976 A1976-65 notified 13 December 1976 (Gaz 1976 No S225) commenced 15 December 1976 (Gaz 1976 No S228) as amended by Lakes (Amendment) Ordinance 1978 Ord1978-4 notified 2 February 1978 (Gaz 1978 No S17) commenced 2 February 1978 Commonwealth Functions (Statutes Review) Act 1981, Cwlth No 74 pt 2, div 7 assented to 18 June 1981 pt 2, div 7 commenced 18 August 1981 (Gaz 1981 No S171) Lakes (Amendment) Ordinance 1983 Ord1983-31 notified 29 September 1983 (Gaz 1983 No S226) commenced 1 October 1983 http://www.legislation.act.gov.au/a/1976-65 http://www.comlaw.gov.au/Series/C2004A03699 http://www.legislation.act.gov.au/a/alt ord1989-21/default.asp http://www.comlaw.gov.au/Series/C1910A00025 http://www.comlaw.gov.au/Series/C2004A03699 http://www.comlaw.gov.au/Series/C2004A03699 http://www.legislation.act.gov.au/gaz/1976-S225/default.asp http://www.legislation.act.gov.au/gaz/1976-S228/default.asp http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/gaz/1978-S17/default.asp http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/gaz/1981-S171/default.asp http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/gaz/1983-S226/default.asp Endnotes 3 Legislation history page 38 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Lakes (Amendment) Ordinance 1985 Ord1985-15 notified 4 April 1985 (Gaz 1985 No S114) commenced 4 April 1985 Lakes (Amendment) Ordinance 1987 Ord1987-49 notified 16 September 1987 (Gaz 1987 No S236) commenced 16 September 1987 Lakes (Amendment) Ordinance 1988 Ord1988-67 notified 21 September 1988 (Gaz 1988 No GN35) commenced 21 September 1988 Self-Government (Consequential Amendments) Ordinance 1989 Ord1989-38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S160) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) National Land Ordinance 1989 Ord1989-39 sch notified 10 May 1989 (Gaz 1989 No S160) commenced 11 May 1989 (s 2 (2) and Gaz 1989 No S164) Legislation after becoming Territory enactment Lakes (Amendment) Act 1991 A1991-89 notified 24 December 1991 (Gaz 1991 No S155) commenced 24 December 1991 Lakes Amendment Ordinance 1992 Ord1992-1 notified 11 March 1992 (Gaz 1992 No GN10) commenced 11 March 1992 Acts Revision (Position of Crown) Act 1993 A1993-44 sch 1 notified 27 August 1993 (Gaz 1993 No S165) sch 1 commenced 27 August 1993 (s 2) Registrar-General (Consequential Provisions) Act 1993 A1993-64 sch 1 notified 6 September 1993 (Gaz 1993 No S172) s 1, s 2 commenced 6 September 1993 sch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207) http://www.legislation.act.gov.au/a/1985-15 http://www.legislation.act.gov.au/gaz/1985-S114/default.asp http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/gaz/1987-S236/default.asp http://www.legislation.act.gov.au/a/1988-67 http://www.legislation.act.gov.au/gaz/1988-GN35/default.asp http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/ord/1989-39 http://www.legislation.act.gov.au/gaz/1989-S160/default.asp http://www.legislation.act.gov.au/gaz/1989-S164/default.asp http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/gaz/1991-S155/default.asp http://www.legislation.act.gov.au/ord/1992-1/default.asp http://www.legislation.act.gov.au/gaz/1992-GN10/default.asp http://www.legislation.act.gov.au/a/1993-44 http://www.legislation.act.gov.au/gaz/1993-S165/default.asp http://www.legislation.act.gov.au/a/1993-64 http://www.legislation.act.gov.au/gaz/1993-S172/default.asp http://www.legislation.act.gov.au/gaz/1993-S207/default.asp Endnotes Legislation history 3 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 39 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Statute Law Revision Act 1994 A1994-26 sch notified 31 May 1994 (Gaz 1994 No S93) sch commenced 31 May 1994 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Statute Law Revision (Penalties) Act 1994 A1994-81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch pt 1 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) sch commenced 18 December 1995 (s 2) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Water Resources Act 1998 A1998-63 s 82 notified 11 December 1998 (Gaz 1998 No S209) s 1, s 2 commenced 11 December 1998 (s 2 (1)) s 82 commenced 4 March 1999 (s 2 (2) and Gaz 1999 No S11) Domestic Animals Act 2000 A2000-86 s 158 notified 21 December 2000 (Gaz 2000 No S69) s 1, s 2 commenced 21 December 2000 (IA s 10B) s 158 commenced 21 June 2001 (s 2) http://www.legislation.act.gov.au/a/1994-26 http://www.legislation.act.gov.au/gaz/1994-S93/default.asp http://www.legislation.act.gov.au/a/1994-60 http://www.legislation.act.gov.au/gaz/1994-S197/default.asp http://www.legislation.act.gov.au/gaz/1994-S250/default.asp http://www.legislation.act.gov.au/gaz/1994-S250/default.asp http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/gaz/1994-S253/default.asp http://www.legislation.act.gov.au/gaz/1994-S269/default.asp http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/gaz/1994-S280/default.asp http://www.legislation.act.gov.au/gaz/1994-S293/default.asp http://www.legislation.act.gov.au/gaz/1994-S293/default.asp http://www.legislation.act.gov.au/a/1995-46 http://www.legislation.act.gov.au/gaz/1995-S306/default.asp http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/gaz/1998-S207/default.asp http://www.legislation.act.gov.au/gaz/1998-49/default.asp http://www.legislation.act.gov.au/a/1998-63 http://www.legislation.act.gov.au/gaz/1998-S209/default.asp http://www.legislation.act.gov.au/gaz/1999-S11/default.asp http://www.legislation.act.gov.au/a/2000-86 http://www.legislation.act.gov.au/gaz/2000-S69/default.asp Endnotes 3 Legislation history page 40 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Legislation (Consequential Amendments) Act 2001 A2001-44 pt 205 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 205 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 A2002-11 pt 2.30 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.30 commenced 28 May 2002 (s 2 (1)) Lakes Amendment Act 2002 A2002-46 notified LR 2 December 2002 s 1, s 2 commenced 2 December 2002 (LA s 75) remainder commenced 3 December 2002 (s 2) Statute Law Amendment Act 2002 (No 2) A2002-49 pt 3.10 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 3.10 commenced 31 December 2002 (s 2 (2)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.26, sch 2 pt 2.47 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.26, sch 2 pt 2.47 commenced 9 April 2004 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.27 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.27 commenced 24 November 2005 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.59 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.59 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/gaz/2001-30/default.asp http://www.legislation.act.gov.au/gaz/2001-S65/default.asp http://www.legislation.act.gov.au/gaz/2001-S65/default.asp http://www.legislation.act.gov.au/a/2002-11 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2004-15/default.asp http://www.legislation.act.gov.au/a/2004-15/default.asp http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp Endnotes Legislation history 3 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 41 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.45 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.45 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.27 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.27 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.88 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.88 commenced 1 July 2011 (s 2 (1)) Planning, Building and Environment Legislation Amendment Act 2013 (No 2) A2013-40 pt 4 notified LR 6 November 2013 s 1, s 2 commenced 6 November 2013 (LA s 75 (1)) pt 4 commenced 27 January 2014 (s 2 and CN2014-1) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.38 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.38 commenced 14 October 2015 (s 2) Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.41 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.41 commenced 1 September 2016 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.15 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.15 commenced 9 March 2017 (s 2) http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/cn/2014-1/default.asp http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2016-52/default.asp http://www.legislation.act.gov.au/a/2017-4/default.asp Endnotes 4 Amendment history page 42 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 4 Amendment history Name of Act s 1 sub A2002-49 amdt 3.59 Dictionary s 2 om A2001-44 amdt 1.2304 ins A2002-49 amdt 3.59 Notes s 3 om A2001-44 amdt 1.2304 ins A2002-49 amdt 3.59 Offences against Act—application of Criminal Code etc s 4 am Ord1983-31 s 4; Ord1989-38 sch 1; A2001-44 amdt 1.2307, amdt 1.2308 om A2002-49 amdt 3.59 ins A2005-54 amdt 1.180 def associated work am Ord1989-38 sch 1 om A2002-49 amdt 3.59 def boat om A2002-49 amdt 3.59 def closed area om A2002-49 amdt 3.59 def commercial activities ins Ord1987-49 s 3 om A2002-49 amdt 3.59 def dairy bridge om A2002-49 amdt 3.59 def delegate for lakes ins A1994-97 sch pt 1 om A2002-49 amdt 3.59 def delegate of the Minister ins Cwlth Act 1981 No 74 s 42 om A1994-97 sch pt 1 def foreshores am Ord1978-4 s 3; Ord1989-38 sch 1; A2001-44 amdt 1.2305 om A2002-49 amdt 3.59 def inspector sub A1994-97 sch pt 1 om A2002-49 amdt 3.59 def lake om A2002-49 amdt 3.59 def lake area om A2002-49 amdt 3.59 def Lake Burley Griffin om A2002-49 amdt 3.59 def Lake Ginninderra am A2001-44 amdt 1.2305 om A2002-49 amdt 3.59 def owner om A2002-49 amdt 3.59 def police force om A1994-97 sch pt 1 def power boat om A2002-49 amdt 3.59 def prohibited area om A2002-49 amdt 3.59 def sports club om A2002-49 amdt 3.59 def superintendent om Cwlth Act 1981 No 74 s 42 def this Act om A2001-44 amdt 1.2306 def visible om A2002-49 amdt 3.59 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 Endnotes Amendment history 4 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 43 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Application s 4A ins Ord1989-38 sch 1 Application of Act to Territory s 4B ins A1993-44 sch 1 sub A2002-11 amdt 2.64 am A2002-49 amdt 3.60; A2005-54 amdt 1.181 Declaration of area as lake s 5 sub A2001-44 amdt 1.2309 am A2011-3 amdt 3.266 Power of Minister to determine fees s 5A ins Ord1983-31 s 5 om A2001-44 amdt 1.2310 Delegate for lakes s 6 sub Cwlth Act 1981 No 74 s 43 am A1991-89 sch sub A1994-97 sch pt 1; A2002-49 amdt 3.61 am A2011-22 amdt 1.268 Inspectors s 7 sub Cwlth Act 1981 No 74 s 43 am A1991-89 sch sub A1994-97 sch pt 1; A2002-49 amdt 3.61 am A2011-22 amdt 1.268 Identity cards s 8 am A1991-89 sch sub A1994-97 sch pt 1 am A1998-54 sch sub A2002-49 amdt 3.61; A2005-54 amdt 1.182 am A2011-22 amdt 1.268 Powers of inspectors etc s 9 am Ord1978-4 s 4; A1991-89 sch; A1994-97 sch pt 1; A2011-3 amdt 3.267; A2017-4 amdt 3.69 Contravention of inspector’s direction s 10 hdg sub A2004-15 amdt 2.102 s 10 am Ord1987-49 sch; A1991-89 sch sub A1994-81 sch; A2002-49 amdt 3.62 am A2004-15 amdt 2.103, amdt 2.104 sub A2005-54 amdt 1.183 Rights in lake waters etc s 11 am Ord1989-38 om A1998-63 s 82 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1993-44 http://www.legislation.act.gov.au/a/2002-11 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/2001-44 http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-22 http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2017-4/default.asp http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1998-63 Endnotes 4 Amendment history page 44 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Unauthorised taking of water s 12 am Ord1987-49 sch; A1991-89 sch; A1994-81 sch om A1998-63 s 82 Alterations in flow and water level s 13 hdg sub A2002-49 amdt 3.63 s 13 am A1998-63 s 82; A2002-46 s 4; A2002-49 amdt 3.64; A2011-3 amdt 2.268 Compensation for damage s 14 am Ord1989-38 sch 1; A2011-3 amdt 3.268, amdt 3.269 General pt 4 div 1 hdg om A1995-46 sch Erection of signs s 15 am A1991-89 sch; A2000-86 s 158; A2002-49 amdt 3.65; pars renum R9 LA General restrictions on boats s 16 hdg sub A2002-49 amdt 3.66 s 16 am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.184 Restrictions on bathing, swimming and diving s 17 hdg sub A2002-49 amdt 3.67 s 17 am Ord1987-49 s 4; A1994-81 sch sub A2005-54 amdt 1.184 Interference etc with signs s 18 am Ord1987-49 sch; A1991-89 sch; A1994-81 sch sub A2005-54 amdt 1.184 Approved buoys, wharves and jetties s 19 am Ord1983-31 s 6; Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2001-44 amdt 1.2311, amdt 1.2312; A2005-54 amdt 1.185 Restrictions on mooring s 20 am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.186 Prohibition of use of lake area or parts of lake s 21 am Ord1987-49 sch; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1; A2002-49 amdt 3.68, amdt 3.69; A2005-54 amdt 1.187; A2011-3 amdt 3.270; A2015-33 amdt 1.123; ss renum R15 LA Closing of parts of lake for certain events s 22 am A1991-89 sch sub A2002-49 amdt 3.70 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/1998-63 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1998-63 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/1995-46 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2000-86 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/ord/1989-39 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-26 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2002-49 Endnotes Amendment history 4 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 45 Unauthorised version prepared by ACT Parliamentary Counsel’s Office am A2005-54 amdt 1.188; A2009-20 amdt 3.105; A2015-33 amdt 1.124; ss renum R15 LA; A2017-4 amdt 3.70 Access to leased or occupied land s 22A renum as s 23 Access to leased or occupied land s 23 orig s 23 am Ord1987-49 sch; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1 om A2002-49 amdt 3.72 (prev s 22A) ins Ord1978-4 s 5 am Ord1989-38 sch 1 renum R7 LA (see A2002-49 amdt 3.71) am A2011-3 amdt 3.270; A2017-4 amdt 3.71 Anchoring boats at night s 24 am Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2002-49 amdt 3.73 sub A2005-54 amdt 1.189 Mooring of boats s 25 am Ord1978-4 s 6; Ord1987-49 sch; A1994-81 sch; A2001-44 amdts 1.2313-1.2316 sub A2005-54 amdt 1.190 Use of power boats—interstate licence holders s 25A ins A2002-46 s 5 am A2011-3 amdt 3.271 Use of power boats—other people s 26 hdg sub A2002-46 s 6 s 26 am Ord1987-49 s 5; A1991-89 s 3 and sch; A2001-44 amdt 1.2317, amdt 1.2318; A2002-49 amdt 3.74 Restrictions on use of power boats s 27 am Ord1987-49 sch; Ord1988-67 s 2; Ord1989-38 sch 1; Ord1989-39 sch; A1991-89 sch; A1994-26 sch; A1994-81 sch; A1994-97 sch pt 1; A2002-46 s 7; A2002-49 amdt 3.75; ss renum R7 LA (see A2002-49 amdt 3.76) sub A2005-54 amdt 1.191 Restriction on waterskiing s 28 am Ord1983-31 s 7 om A1991-89 s 4 Restriction on use of hovercraft s 29 am Ord1983-31 s 8; Ord1987-49 sch; A1991-89 sch; A1994-81 sch; A2001-44 amdt 1.2319, amdt 1.2320; A2005-54 amdt 1.192 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2017-4/default.asp http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/ord/1989-39 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-26 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2017-4/default.asp http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1988-67 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/ord/1989-39 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-26 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2005-54 Endnotes 4 Amendment history page 46 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Removal of vehicles and boats from a lake etc s 30 am Ord1989-38 sch 1; A1991-89 sch; A1994-97 sch pt 1; A2002-49 amdt 3.77 Houseboats prohibited s 31 am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.193 Camping and caravanning s 32 am Ord1987-49 sch; A1994-81 sch sub A2002-49 amdt 3.78; A2005-54 amdt 1.194 Agreements for use of lake areas s 33 om Ord1985-15 s 2 ins Ord1987-49 s 6 am Ord1989-38 sch 1 Commercial activities in lake area s 34 am Ord1983-31 s 9 sub Ord1987-49 s 6 am Ord1989-39 sch; A1994-81 sch sub A2005-54 amdt 1.195 Power to charge for admission s 35 Cwlth Act 1981 No 74 s 44; am Ord1983-31 s 10; A1991-89 sch; A1994-97 sch pt 1; A2002-49 amdt 3.79, amdt 3.80 Provisions relating to particular lakes pt 4 div 2 hdg om A1995-46 sch Lighting rules div 5.1 hdg (prev pt 5 div 1 hdg) renum R4 LA Meaning of operator for div 5.1 s 36 am Ord1987-49 sch om A1991-89 s 4 ins A2005-54 amdt 1.196 Compliance with lighting rules s 37 am A1998-54 sch sub A2002-49 amdt 3.81; A2005-54 amdt 1.197 Lights to be carried on large power boats s 38 am A1991-89 s 5; A2002-49 amdt 3.82, amdt 3.83 Light to be carried by small power boats s 39 sub A1991-89 s 6; A2002-49 amdt 3.84 Lights to be carried by sailing vessels s 39A ins A1991-89 s 6 am A2002-49 amdt 3.85 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1985-15 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/ord/1989-39 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.comlaw.gov.au/Series/C2004A02451 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1995-46 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2002-49 Endnotes Amendment history 4 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 47 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Emergency lights s 40 am Ord1987-49 s 7; A1994-81 sch sub A2002-49 amdt 3.86; A2005-54 amdt 1.198 Rules of the water div 5.2 hdg (prev pt 5 div 2 hdg) renum R4 LA Sailing and steering rules generally s 41 am A2011-3 amdt 3.272 Course and speed to be kept s 42 am A2002-49 amdt 3.87; A2011-3 amdt 3.272 Restriction on crossing ahead s 43 am A2002-49 amdt 3.87; A2011-3 amdt 3.272 Power boats to slacken speed s 44 am A2002-49 amdt 3.87; A2011-3 amdt 3.272 Overtaking boats s 45 am A2002-49 amdt 3.88; A2011-3 amdt 3.272 Use of channels s 46 am A2011-3 amdt 3.272 Racing rules s 47 am A2002-49 amdt 3.89 General div 5.3 hdg (prev pt 5 div 3 hdg) renum R4 LA Reckless or negligent operation of boat s 48 hdg sub A2002-49 amdt 3.90 s 48 am Ord1987-49 sch; A1994-81 sch; A2002-49 amdt 3.91 sub A2005-54 amdt 1.199 Causing unreasonable interference s 49 am Ord1987-49 sch; A1994-81 sch sub A2005-54 amdt 1.200 Navigation of boat while intoxicated s 50 am Ord1987-49 s 8; A1991-89 sch; A1994-81 sch; A2002-49 amdt 3.92; A2005-54 amdt 1.201, amdt 1.202; A2011-3 amdt 3.273, amdt 3.274 Notification and review of decisions pt 6 hdg sub A2008-37 amdt 1.260 Meaning of reviewable decision—pt 6 s 51 hdg sub A2002-49 amdt 3.93 s 51 am Ord1987-49 s 9; Ord1989-38 sch 1; A1991-89 s 7; 1994 No 60 sch 1 sub A2008-37 amdt 1.260 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2008-37 Endnotes 4 Amendment history page 48 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office Reviewable decision notices s 51AA ins A2008-37 amdt 1.260 Applications for review s 51AB ins A2008-37 amdt 1.260 Miscellaneous pt 7 hdg ins A2008-37 amdt 1.260 Acts and omissions of representatives s 51A ins Ord1987-49 s 10 sub A2002-49 amdt 3.94; A2004-15 amdt 1.30 Offence due to accident etc s 53 am A1991-89 sch om A2005-54 amdt 1.203 Determination of fees s 54 am Ord1983-31 s 11; Ord1989-38 sch 1; A1994-81 sch; A1995-46 sch sub A2001-44 amdt 1.2321 am A2011-3 amdt 3.275 Approved forms s 55 ins A2001-44 amdt 1.2321 am A2002-49 amdt 3.95; A2011-3 amdt 3.275 Regulation-making power s 56 ins A2001-44 amdt 1.2321 Schedule 1 sch 1 hdg sub A2005-54 amdt 1.204 sch 1 orig sch 1 am Ord1978-4 s 7 om A2001-44 amdt 1.2322 (prev sch 2) am A1993-64 sch 1 renum as sch 1 A2001-44 amdt 1.2323 om A2013-40 s 7 Reviewable decisions sch 2 prev sch 2 renum as sch 1 ins A2008-37 amdt 1.261 Dictionary dict ins A2002-49 amdt 3.96 am A2008-37 amdt 1.262; A2009-20 amdt 3.106; A2011-22 amdt 1.269; A2015-33 amdt 1.125; A2016-52 amdt 110; A2017-4 amdt 3.72 def associated work ins A2002-49 amdt 3.96 def boat ins A2002-49 amdt 3.96 def commercial activities ins A2002-49 amdt 3.96 def dairy bridge ins A2002-49 amdt 3.96 om A2009-20 amdt 3.107 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/1987-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/1991-89 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1983-31 http://www.legislation.act.gov.au/a/1989-38 http://www.legislation.act.gov.au/a/1994-81 http://www.legislation.act.gov.au/a/1995-46 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1978-4 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/1993-64 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2016-52/default.asp http://www.legislation.act.gov.au/a/2017-4/default.asp http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2009-20 Endnotes Amendment history 4 R17 09/03/17 Lakes Act 1976 Effective: 09/03/17 page 49 Unauthorised version prepared by ACT Parliamentary Counsel’s Office def delegate for lakes ins A2002-49 amdt 3.96 def foreshores ins A2002-49 amdt 3.96 sub A2013-40 s 8 def inspector ins A2002-49 amdt 3.96 def lake ins A2002-49 amdt 3.96 am A2013-40 s 9 def lake area ins A2002-49 amdt 3.96 def Lake Burley Griffin ins A2002-49 amdt 3.96 sub A2009-20 amdt 3.108 def Lake Ginninderra ins A2002-49 amdt 3.96 om A2013-40 s 10 def operator ins A2005-54 amdt 1.205 def owner ins A2002-49 amdt 3.96 def power boat ins A2002-49 amdt 3.96 def prohibited area ins A2002-49 amdt 3.96 def reviewable decision ins A2008-37 amdt 1.263 def sports club ins A2002-49 amdt 3.96 def Sylvia Curley Bridge ins A2009-20 amdt 3.109 def under way ins A2002-49 amdt 3.96 def visible ins A2002-49 amdt 3.96 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2002-49 Endnotes 5 Earlier republications page 50 Lakes Act 1976 Effective: 09/03/17 R17 09/03/17 Unauthorised version prepared by ACT Parliamentary Counsel’s Office 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1992-1 31 March 1992 2 A1994-97 28 February 1995 3 A1995-46 30 April 1998 4 A2001-44 26 October 2001 5 A2002-11 3 June 2002 6 A2002-46 3 December 2002 7 A2002-49 31 December 2002 8 A2004-15 9 April 2004 9* A2005-54 24 November 2005 10 A2008-37 2 February 2009 11 A2009-20 22 September 2009 12 A2011-3 1 March 2011 13 A2011-22 1 July 2011 14 A2013-40 27 January 2014 15 A2015-33 14 October 2015 16 A2016-52 1 September 2016 © Australian Capital Territory 2017 http://www.legislation.act.gov.au/a/1992-1 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1995-46 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2002-11 http://www.legislation.act.gov.au/a/2002-46 http://www.legislation.act.gov.au/a/2002-49 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2011-3 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-40 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2016-52 Unauthorised version prepared by ACT Parliamentary Counsel’s Office