Australian Capital Territory
Lakes Act 1976    
A1976-65
Republication No 10
Effective:  2 February 2009 – 21 September 2009
Republication date: 2 February 2009
Last amendment made by A2008-37

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 2 February 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 2 February 2009.  
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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

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
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	14
	25	Mooring of boats	15
	25A	Use of power boats—interstate licence holders	15
	26	Use of power boats—other people	16
	27	Restrictions on use of power boats	17
	29	Restriction on use of hovercraft	17
	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	19
	34	Commercial activities in lake area	19
	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	23
	40	Emergency lights	23
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	25
	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	30
Schedule 1		31
Schedule 2	Reviewable decisions	34
Dictionary		36
Endnotes
	1	About the endnotes	39
	2	Abbreviation key	39
	3	Legislation history	40
	4	Amendment history	43
	5	Earlier republications	51

Australian Capital Territory
Lakes Act 1976

An Act to provide for the administration, control and use of certain lakes

    

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.
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, in writing, 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.

Part 2	Administration
    
6	Delegate for lakes
The chief executive 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 chief executive 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 chief executive 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
	(b)	the person does not return the person’s identity card to the chief executive 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)	Where a notice has been signed by the Minister for the purpose of section 21 (1) but the notice has not been published in accordance with that subsection, an inspector may, on production of a copy of the notice, direct a person who is in the lake area of the lake specified in the notice 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, shall not be 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.
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.

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 shall 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)	shall 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) shall be determined by the Minister.
	(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.

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
	(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.
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.
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)	Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, prohibit entry to a lake area.
	(2)	Subject to subsection (3), the Minister may, by notice published in a newspaper circulating in the Territory, declare an area of a lake to be a prohibited area.
	(3)	The Minister shall 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
	(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.
	(4)	The Minister may cause a boundary of a prohibited area to be defined by such means as he or she thinks necessary.
	(5)	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.
	(6)	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.
	(7)	An offence against this section is a strict liability offence.
22	Closing of parts of lake for certain events
	(1)	The Minister may, by notice published in a daily newspaper circulating in the ACT, declare a part of a lake to be a closed area for the period stated in the notice.
	(2)	The Minister may also, by the notice, authorise an entity 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.
	(3)	A person commits an offence if—
	(a)	the person enters the closed area during the period stated in the notice; and
	(b)	if subsection (2) applies—the entry is not authorised by the entity authorised by the notice.
Maximum penalty:  50 penalty units.
	(4)	An offence against this section is a strict liability offence.
	(5)	In this section:
event means a regatta, exhibition, sporting contest or other display.
23	Access to leased or occupied land
The Minister shall not—
	(a)	in a notice under section 21, prohibit entry to or declare to be a prohibited area; or
	(b)	in a notice 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
	(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, in writing, 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.
	(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.
	(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.
	(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.
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.

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.
	(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.
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 shall 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 shall 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 shall 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 shall alter course to starboard so that each boat shall 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 shall keep out of the way of that other boat.
	(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 shall 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 shall 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 shall 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 shall, 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 shall, 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 shall 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.
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 shall 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.
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 shall be entitled, upon 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 shall afford all reasonable facilities for the holding of the examination.

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.

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.
	(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, in writing, 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, in writing, 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.
	(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.

Schedule 1	  
    
(see dict, def lake)
All that land in the Australian Capital Territory containing an area of 191.2ha more or less but excluding the body of water known as Lake Ginninderra: commencing at the easternmost corner of block 1 section 65 division of Bruce district of Belconnen shown in plan catalogued in the Office of the Registrar‑General Canberra deposited plan 3584 being a point on the western side of Cameron Avenue and bounded thence on the south west by the north eastern boundary of that block 1 bearing 300o 18′ 40m thence on the south by the northern boundary of that block 1 and a line bearing in all 270o 249.67m thence on the east by a line bearing 180o 81m thence on the north by a line bearing 90o 4m thence on the east by a line and part of the western boundary of block 2 of section 65 as shown in plan catalogued in the Office of the Registrar‑General Canberra deposited plan 3810 bearing in all 180o 19.255m to the intersection of the western boundary of that block 2 and the easterly prolongation of a line parallel to and 5m southerly from a stone retaining wall thence generally on the southwest by lines approximately parallel to and distant 5m generally southwesterly from that stone retaining wall bearing successively 270o 6′ 4″ 53.9m 180o 17′ 4″ 7.2m 269o 12′ 4″ 11.65m 309o 34″ 60.87m 350o 15′ 34″ 89.34m 90o 17′ 4″ 7.00m 350o 13′ 4″ 14.32m 335.82m of the arc of a circle of radius 305.9m the chord of which lies to the southwest and bears 318o 48′ 12″ 319.21m 287o 21′ 12″ 7.48m 199o 29′ 54″ 24.85m 269o 5′ 24″ 77.91m 2o 35′ 4″ 44.73m 269o 35′ 4″ 78.36m and 181o 25′ 44″ 55.25m to the intersection of that line with the northern side of Emu Bank thence on the south by that side of Emu Bank bearing 266o 180.604m thence generally on the south west by a line being 20.99m of an arc of a circle of radius 15m the chord of which lies to the north east and bears 306o 5′ 19.315m to the north eastern side of Cohen Drive thence by part of that side of Cohen Drive bearing 346o 10′ 351.05m thence by lines bearing successively 64o 20′ 51.47 m 352o 42′ 54.52m 358o 6′ 73.24m 16o 33′ 30″ 103.31m 348o 8′ 124.05m 279o 35′ 46.82m 232o 28′ 78.13m and 264o 23′ 58.42m to a point on the north eastern side of Cohen Drive aforesaid thence on the south west by that side of Cohen Drive being 342.26m of the arc of a circle of radius 705.38m the chord of which lies to the south west and bears 311o 54′ 2″ 338.92m and a line bearing 298o 21.375m thence on the south west by 23.86m of an arc of a circle of radius 15m the chord of which lies to the north east and bears 343o 33′ 55″ 21.42m to a point on the south eastern side of Coulter Drive thence on the west by that side of Coulter Drive being lines bearing successively 22.63m of an arc of a circle of radius of 1174.485m the chord of which lies to the south east and bears 29o 40′ 57″ 22.63m 30o 14′ 5″ 144.01m 312.56m of an arc of a circle of radius 875.49m the chord of which lies to the west and bears 20o 26″ 310.900m 9o 46′ 47″ 133.35m and 59.17m of an arc of a circle of radius 1165.985m the chord of which lies to the east and bears 11o 14′ 1″ 59.17m thence on the north west by a line bearing 57o 1′ 40″ 21.59m to a point on the southern side of Ginninderra Drive thence on the west by a line bearing 16o 30′ 147.675m thence on the north and north east by lines bearing successively 92o 7′ 20″ 517.3m and 129o 25′ 141.8m to a point on the western side of William Webb Drive and thence on the east by parts of that side of William Webb Drive and its southerly prolongation being lines bearing successively 13.105m of an arc of a circle of radius 189.33m the chord of which lies to the west and bears 188o 58′ 13.1m and 190o 57′ 111.08m to a point on the southern side of Ginninderra Drive aforesaid thence on the north by that side of Ginninderra Drive bearing 110o 24′ 30″ 79.5m thence generally on the east by lines bearing successively 222o 45′ 30″ 104.8m 135o 1″ 42.42m 211o 41′ 30″ 78.88m 140o 52′ 30″ 138.06m 251o 31′ 50″ 142.88m 180o 25.17m 123o 49′ 30″ 111.07m 208o 30′ 30″ 77.6m 178o 18′ 30″ 100.05m 112o 6′ 30.83m 174o 18′ 84.92m 111o 59′ 70.42m 182o 21′ 40.195m 179o 39′ 35.475m 262o 56′ 30″ 48.295m 212o 7′ 30″ 47.78m 155o 28′ 40″ 161.88m 94o 39′ 47.65m and 93o 4′ 35.94m thence generally on the west by lines bearing successively 44o 15′ 30″ 100.92m 10o 41.99m 333o 39′ 10″ 108.63m 21o 17′ 40″ 176.8m 52o 39′ 81.09m 152o 28′ 30″ 109.78m and 62o 48′ 190.12m to a point on the north eastern side of Ginninderra Drive aforesaid thence on the south west by parts of the north eastern side of Ginninderra Drive being 66.05m of an arc of a circle of 692.4m radius the chord of which lies to the north east and bears 329o 23′ 30″ 66.03m and a line bearing 332o 7′ 30″ 60.03m thence generally on the west by lines bearing successively 61o 50′ 20″ 150.65m 2o 56′ 47.11m and 309o 26′ 122.03m to a point on the south eastern side of William Slim Drive thence on the north west by parts of that side of William Slim Drive being lines bearing successively 60o 3′ 20″ 132.15m 43o 11′ 30″ 145.82m 32o 19′ 30″ 145.82m 11o 27′ 66.63m 22o 40″ 138.25m 26o 17′ 80.52m 24o 58′ 65.96m 22o 52′ 47.92m and 37o 28′ 40″ 24.94m to a point on the boundary of land formerly known as block 190 Canberra City District shown on plan held by the Australian Survey Office MS 756 bearing 176o 10′ 1.79m from the westernmost corner of that land thence on the north east by south western boundaries of that block 190 176o 10′ 392.76m and 131o 30′ 20″ 255.13m thence on the east by lines bearing successively 206o 15′ 93.92m 153o 36′ 160.19m 246o 12′ 129.21m 222o 10′ 70.07m 312o 27′ 64.56m 241o 9′ 30″ 81.32m 243o 47′ 30″ 91.41m 197o 2′ 286.27m and 232o 31′ 70.12m to a point on the south western side of Ginninderra Drive aforesaid and bounded thence generally on the east by lines bearing successively 229o 46′ 300.23m 238o 28′ 40″ 225.42m 180o 151.42m 114o 30′ 83m 90o 103m 108o 102m 114o 48′ 84.78m 176o 34′ 57″ 26.195m to a point on the western side of Cameron Avenue aforesaid thence by part of that side of Cameron Avenue bearing 196o 33′ 2″ 303.11m to the point of commencement.

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	
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
(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
·	doctor
·	entity
·	exercise
·	function
·	night
·	penalty unit (see s 133)
·	public employee
·	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
	(f)	undertaking any other activities prescribed under the regulations for this definition.
dairy bridge means the bridge over which Dairy Road is carried across the Molonglo River.
delegate for lakes means the Delegate for Lakes appointed under section 6.
foreshores means—
	(a)	for Lake Ginninderra—the land described in schedule 1; and
	(b)	for any other lake—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;
other than 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, Lake Ginninderra 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 dairy bridge.
Lake Ginninderra means the body of water inside the land described in schedule 1.
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.
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
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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
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 No 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 No 65
notified 13 December 1976 (Gaz 1976 No S225)
commenced 15 December 1976 (Gaz 1976 No S228)
as amended by
Lakes (Amendment) Ordinance 1978 No 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 No 31
notified 29 September 1983 (Gaz 1983 No S226)
commenced 1 October 1983
Lakes (Amendment) Ordinance 1985 No 15
notified 4 April 1985 (Gaz 1985 No S114)
commenced 4 April 1985
Lakes (Amendment) Ordinance 1987 No 49
notified 16 September 1987 (Gaz 1987 No S236)
commenced 16 September 1987
Lakes (Amendment) Ordinance 1988 No 67
notified 21 September 1988 (Gaz 1988 No GN35)
commenced 21 September 1988
Self-Government (Consequential Amendments) Ordinance 1989 No 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 No 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 No 89
notified 24 December 1991 (Gaz 1991 No S155)
commenced 24 December 1991
Lakes Amendment Ordinance 1992 No 1
notified 11 March 1992 (Gaz 1992 No GN10)
commenced 11 March 1992
Acts Revision (Position of Crown) Act 1993 No 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 No 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)
Statute Law Revision Act 1994 No 26 sch
notified 31 May 1994 (Gaz 1994 No S93)
sch commenced 31 May 1994 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 No 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 No 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 No 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 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
sch commenced 18 December 1995 (s 2)
Statute Law Revision (Penalties) Act 1998 No 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 No 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 No 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)
Legislation (Consequential Amendments) Act 2001 No 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 No 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 No 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) No 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)
4	Amendment history
Name of Act
s 1	sub 2002 No 49 amdt 3.59
Dictionary
s 2	om 2001 No 44 amdt 1.2304
	ins 2002 No 49 amdt 3.59
Notes
s 3	om 2001 No 44 amdt 1.2304
	ins 2002 No 49 amdt 3.59
Offences against Act—application of Criminal Code etc
s 4	am 1983 No 31 s 4; 1989 No 38 sch 1; 2001 No 44 amdt 1.2307, amdt 1.2308
	om 2002 No 49 amdt 3.59
	ins A2005-54 amdt 1.180
	def associated work am 1989 No 38 sch 1
	om 2002 No 49 amdt 3.59
	def boat om 2002 No 49 amdt 3.59
	def closed area om 2002 No 49 amdt 3.59
	def commercial activities ins 1987 No 49 s 3
	om 2002 No 49 amdt 3.59
	def dairy bridge om 2002 No 49 amdt 3.59
	def delegate for lakes ins 1994 No 97 sch pt 1
	om 2002 No 49 amdt 3.59
	def delegate of the Minister ins Cwlth Act 1987 No 74 s 42
	om 1994 No 97 sch pt 1
	def foreshores am 1978 No 4 s 3; 1989 No 38 sch 1; 2001 No 44 amdt 1.2305
	om 2002 No 49 amdt 3.59
	def inspector sub 1994 No 97 sch pt 1
	om 2002 No 49 amdt 3.59
	def lake om 2002 No 49 amdt 3.59
	def lake area om 2002 No 49 amdt 3.59
	def Lake Burley Griffin om 2002 No 49 amdt 3.59
	def Lake Ginninderra am 2001 No 44 amdt 1.2305
	om 2002 No 49 amdt 3.59
	def owner om 2002 No 49 amdt 3.59
	def police force om 1994 No 97 sch pt 1
	def power boat om 2002 No 49 amdt 3.59
	def prohibited area om 2002 No 49 amdt 3.59
	def sports club om 2002 No 49 amdt 3.59
	def superintendent om Cwlth Act 1981 No 74 s 42
	def this Act om 2001 No 44 amdt 1.2306
	def visible om 2002 No 49 amdt 3.59
Application
s 4A	ins 1989 No 38 sch 1
Application of Act to Territory
s 4B	ins 1993 No 44 sch 1
	sub 2002 No 11 amdt 2.64
	am 2002 No 49 amdt 3.60; A2005-54 amdt 1.181
Declaration of area as lake
s 5	sub 2001 No 44 amdt 1.2309
Power of Minister to determine fees
s 5A	ins 1983 No 31 s 5
	om 2001 No 44 amdt 1.2310
Delegate for lakes
s 6	sub Cwlth Act No 74, 1981 s 43
	am 1991 No 89 sch
	sub 1994 No 97 sch pt 1; 2002 No 49 amdt 3.61
Inspectors
s 7	sub Cwlth Act No 74, 1981 s 43
	am 1991 No 89 sch
	sub 1994 No 97 sch pt 1; 2002 No 49 amdt 3.61
Identity cards
s 8	am 1991 No 89 sch
	sub 1994 No 97 sch pt 1
	am 1998 No 54 sch
	sub 2002 No 49 amdt 3.61; A2005-54 amdt 1.182
Powers of inspectors etc
s 9	am 1978 No 4 s 4; 1991 No 89 sch; 1994 No 97 sch pt 1
Contravention of inspector’s direction
s 10 hdg	sub A2004-15 amdt 2.102
s 10	am 1987 No 49 sch; 1991 No 89 sch
	sub 1994 No 81 sch; 2002 No 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 1989 No 38
	om 1998 No 63 s 82
Unauthorised taking of water
s 12	am 1987 No 49 sch; 1991 No 89 sch; 1994 No 81 sch
	om 1998 No 63 s 82
Alterations in flow and water level
s 13 hdg	sub 2002 No 49 amdt 3.63
s 13	am 1998 No 63 s 82; 2002 No 46 s 4; 2002 No 49 amdt 3.64
Compensation for damage
s 14	am 1989 No 38 sch 1
General
pt 4 div 1 hdg	om 1995 No 46 sch
Erection of signs
s 15	am 1991 No 89 sch; 2000 No 86 s 158; 2002 No 49 amdt 3.65; pars renum R9 LA
General restrictions on boats
s 16 hdg	sub 2002 No 49 amdt 3.66
s 16	am 1987 No 49 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.184
Restrictions on bathing, swimming and diving
s 17 hdg	sub 2002 No 49 amdt 3.67
s 17	am 1987 No 49 s 4; 1994 No 81 sch
	sub A2005-54 amdt 1.184
Interference etc with signs
s 18	am 1987 No 49 sch; 1991 No 89 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.184
Approved buoys, wharves and jetties
s 19	am 1983 No 31 s 6; 1987 No 49 sch; 1991 No 89 sch; 1994 No 81 sch; 2001 No 44 amdt 1.2311, amdt 1.2312; A2005-54 amdt 1.185
Restrictions on mooring
s 20	am 1987 No 49 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.186
Prohibition of use of lake area or parts of lake
s 21	am 1987 No 49 sch; 1989 No 39 sch; 1991 No 89 sch; 1994 No 26 sch; 1994 No 81 sch; 1994 No 97 sch pt 1; 2002 No 49 amdt 3.68, amdt 3.69; A2005-54 amdt 1.187
Closing of parts of lake for certain events
s 22	am 1991 No 89 sch
	sub 2002 No 49 amdt 3.70
	am A2005-54 amdt 1.188
Access to leased or occupied land
s 22A	renum as s 23
Access to leased or occupied land
s 23	orig s 23 am 1987 No 49 sch; 1989 No 39 sch; 1991 No 89 sch; 1994 No 26 sch; 1994 No 81 sch; 1994 No 97 sch pt 1
	om 2002 No 49 amdt 3.72
	(prev s 22A) ins 1978 No 4 s 5
	am 1989 No 38 sch 1
	renum R7 LA (see 2002 No 49 amdt 3.71)
Anchoring boats at night
s 24	am 1987 No 49 sch; 1991 No 89 sch; 1994 No 81 sch; 2002 No 49 amdt 3.73
	sub A2005-54 amdt 1.189
Mooring of boats
s 25	am 1978 No 4 s 6; 1987 No 49 sch; 1994 No 81 sch; 2001 No 44 amdts 1.2313-1.2316
	sub A2005-54 amdt 1.190
Use of power boats—interstate licence holders
s 25A	ins 2002 No 46 s 5
Use of power boats—other people
s 26 hdg	sub 2002 No 46 s 6
s 26	am 1987 No 49 s 5; 1991 No 89 s 3 and sch; 2001 No 44 amdt 1.2317, amdt 1.2318; 2002 No 49 amdt 3.74
Restrictions on use of power boats
s 27	am 1987 No 49 sch; 1988 No 67 s 2; 1989 No 38 sch 1; 1989 No 39 sch; 1991 No 89 sch; 1994 No 26 sch; 1994 No 81 sch; 1994 No 97 sch pt 1; 2002 No 46 s 7; 2002 No 49 amdt 3.75; ss renum R7 LA (see 2002 No 49 amdt 3.76)
	sub A2005-54 amdt 1.191
Restriction on waterskiing
s 28	am 1983 No 31 s 7
	om 1991 No 89 s 4
Restriction on use of hovercraft
s 29	am 1983 No 31 s 8; 1987 No 49 sch; 1991 No 89 sch; 1994 No 81 sch; 2001 No 44 amdt 1.2319, amdt 1.2320; A2005-54 amdt 1.192
Removal of vehicles and boats from a lake etc
s 30	am 1989 No 38 sch 1; 1991 No 89 sch; 1994 No 97 sch pt 1; 2002 No 49 amdt 3.77
Houseboats prohibited
s 31	am 1987 No 49 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.193
Camping and caravanning
s 32	am 1987 No 49 sch; 1994 No 81 sch
	sub 2002 No 49 amdt 3.78; A2005-54 amdt 1.194
Agreements for use of lake areas
s 33	om 1985 No 15 s 2
	ins 1987 No 49 s 6
	am 1989 No 38 sch 1
Commercial activities in lake area
s 34	am 1983 No 31 s 9
	sub 1987 No 49 s 6
	am 1989 No 39 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.195
Power to charge for admission
s 35	Cwlth Act No 74, 1981 s 44; am 1983 No 31 s 10; 1991 No 89 sch; 1994 No 97 sch pt 1; 2002 No 49 amdt 3.79, amdt 3.80
Provisions relating to particular lakes
pt 4 div 2 hdg	om 1995 No 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 1987 No 49 sch
	om 1991 No 89 s 4
	ins A2005-54 amdt 1.196
Compliance with lighting rules
s 37	am 1998 No 54 sch
	sub 2002 No 49 amdt 3.81; A2005-54 amdt 1.197
Lights to be carried on large power boats
s 38	am 1991 No 89 s 5; 2002 No 49 amdt 3.82, amdt 3.83
Light to be carried by small power boats
s 39	sub 1991 No 89 s 6; 2002 No 49 amdt 3.84
Lights to be carried by sailing vessels
s 39A	ins 1991 No 89 s 6
	am 2002 No 49 amdt 3.85
Emergency lights
s 40	am 1987 No 49 s 7; 1994 No 81 sch
	sub 2002 No 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
Course and speed to be kept
s 42	am 2002 No 49 amdt 3.87
Restriction on crossing ahead
s 43	am 2002 No 49 amdt 3.87
Power boats to slacken speed
s 44	am 2002 No 49 amdt 3.87
Overtaking boats
s 45	am 2002 No 49 amdt 3.88
Racing rules
s 47	am 2002 No 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 2002 No 49 amdt 3.90
s 48	am 1987 No 49 sch; 1994 No 81 sch; 2002 No 49 amdt 3.91
	sub A2005-54 amdt 1.199
Causing unreasonable interference
s 49	am 1987 No 49 sch; 1994 No 81 sch
	sub A2005-54 amdt 1.200
Navigation of boat while intoxicated
s 50	am 1987 No 49 s 8; 1991 No 89 sch; 1994 No 81 sch; 2002 No 49 amdt 3.92; A2005-54 amdt 1.201, amdt 1.202
Notification and review of decisions
pt 6 hdg	sub A2008-37 amdt 1.260
Meaning of reviewable decision—pt 6
s 51 hdg	sub 2002 No 49 amdt 3.93
s 51	am 1987 No 49 s 9; 1989 No 38 sch 1; 1991 No 89 s 7; 1994 No 60 sch 1
	sub A2008-37 amdt 1.260
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 1987 No 49 s 10
	sub 2002 No 49 amdt 3.94; A2004-15 amdt 1.30
Offence due to accident etc
s 53	am 1991 No 89 sch
	om A2005-54 amdt 1.203
Determination of fees
s 54	am 1983 No 31 s 11; 1989 No 38 sch 1; 1994 No 81 sch; 1995 No 46 sch
	sub 2001 No 44 amdt 1.2321
Approved forms
s 55	ins 2001 No 44 amdt 1.2321
	am 2002 No 49 amdt 3.95
Regulation-making power
s 56	ins 2001 No 44 amdt 1.2321
Schedule 1
sch 1 hdg	sub A2005-54 amdt 1.204
sch 1	orig sch 1 am 1978 No 4 s 7
	om 2001 No 44 amdt 1.2322
	(prev sch 2) am 1993 No 64 sch 1
	renum as sch 1 2001 No 44 amdt 1.2323
Reviewable decisions
sch 2	prev sch 2 renum as sch 1
	ins A2008-37 amdt 1.261
Dictionary
dict	ins 2002 No 49 amdt 3.96
	am A2008-37 amdt 1.262
	def associated work ins 2002 No 49 amdt 3.96
	def boat ins 2002 No 49 amdt 3.96
	def commercial activities ins 2002 No 49 amdt 3.96
	def dairy bridge ins 2002 No 49 amdt 3.96
	def delegate for lakes ins 2002 No 49 amdt 3.96
	def foreshores ins 2002 No 49 amdt 3.96
	def inspector ins 2002 No 49 amdt 3.96
	def lake ins 2002 No 49 amdt 3.96
	def lake area ins 2002 No 49 amdt 3.96
	def Lake Burley Griffin ins 2002 No 49 amdt 3.96
	def Lake Ginninderra ins 2002 No 49 amdt 3.96
	def operator ins A2005-54 amdt 1.205
	def owner ins 2002 No 49 amdt 3.96
	def power boat ins 2002 No 49 amdt 3.96
	def prohibited area ins 2002 No 49 amdt 3.96
	def reviewable decision ins A2008-37 amdt 1.263
	def sports club ins 2002 No 49 amdt 3.96
	def under way ins 2002 No 49 amdt 3.96
	def visible ins 2002 No 49 amdt 3.96
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	Act 1992 No 1	31 March 1992	
2	Act 1994 No 97	28 February 1995	
3	Act 1995 No 46	30 April 1998	
4	Act 2001 No 44	26 October 2001	
5	Act 2002 No 11	3 June 2002	
6	Act 2002 No 46	3 December 2002	
7	A2002-49	31 December 2002	
8	A2004-15	9 April 2004	
9*	A2005-54	24 November 2005	

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