Regarding waterways, wharves and boats, where does a councils power end, and the jurisdiction of the Waterways Authority/Maritime Authority of NSW commence?
• Councils: A council can take action in or in relation to its area (section 6(4)). In general terms ‘area’ includes the land and water down to the foreshore low-water mark, however see section 205 of the Local Government Act 1993 for more detail. Councils have planning powers (for example, requiring pump-out facilities on a wharf) and powers to minimise the entry of pollution into waterways in the first place (for example, penalty notices for littering, waste dumping and water pollution, and clean-up notices and prevention notices). (Note that a fee of $320 is payable to council in respect of the clean-up and prevention notices that it issues.) • Waterways Authority/Maritime Authority of NSW: Under the Protection of the Environment Operations (General) Regulation 1998, the Waterways Authority (now known as the Maritime Authority of NSW) is declared to be the ARA for non-scheduled activities involving non-pilotage vessels in navigable waters. Subject to certain exceptions, the Maritime
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