Page 588 - Week 02 - Thursday, 22 February 2018
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The proposed legislative amendments in the bill seek to correct these anomalies which relate to areas declared as lakes under the respective laws. Currently, areas of the Molonglo River upstream of Lake Burley Griffin are declared under the Lakes Ordinance as a lake and they are administered by the National Capital Authority. However, the management of the area is undertaken by the territory.
The bill seeks to clarify the administrative and management responsibility for Molonglo Reach from the confluence with Lake Burley Griffin and align it with land management area responsibilities. The amendments in the bill make it clear that the territory has legislative and management responsibilities for Molonglo Reach and Kingston harbour, while the NCA has responsibility for Lake Burley Griffin.
The bill also introduces cross-jurisdictional arrangements where approvals issued under the respective territory or commonwealth law are recognised, subject to consultation between the regulating authorities. For example, commercial vessels operating out of the Kingston harbour, which is regulated under the Lakes Act, and travelling on to Lake Burley Griffin, which is regulated under the Lakes Ordinance, will require only one approval.
The provisions in the bill governing this approach require mandatory consultation between the territory and the relevant commonwealth agency responsible for administering the respective lakes legislation. This will remove the current duplication in respect of approvals for users of Lake Burley Griffin—administered by the commonwealth—and Kingston harbour and the Molonglo Reach—administered by the territory—where boats operate throughout these waters.
The ACT does not have boat registration and boat operator licence schemes. It therefore recognises licences to operate a boat and boat registrations that have been issued by other jurisdictions. The provisions in the bill recognise these licences for operating a boat on an ACT lake and the corresponding conditions issued by the respective jurisdiction.
To ensure compliance with the conditions of a boat registration or a boat operator licence issued in another jurisdiction, the bill contains provisions which make it an offence to operate or maintain a boat in contravention of the conditions imposed by the approving jurisdiction. That makes sense.
Due to the ACT’s position within New South Wales, and considering the administrative resourcing required for ACT-specific licensing and registration schemes, this is considered an appropriate regulatory mechanism to achieve the desired outcome.
The bill also seeks to harmonise the regulation of powered recreational boating use on ACT lakes to be consistent with New South Wales laws. Under the amendments in the bill, for low-risk activities such as recreational powered boats travelling at speeds of less than 10 knots, licensing is not required. Currently, electric-powered boats operating on ACT lakes require a permit. This has resulted in a significant burden
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