1 – Preliminary Provisions 1.1 Title and commencement 1. This Bylaw is cited as being the Marlborough District Council Navigation Bylaw 2009. 2. This Bylaw comes into force at midnight on 16 August 2010. 1.2 Revocation All appointments, licences, orders, consents or other similar exercise of powers under the former harbour bylaw of the Council shall, so far as they are not inconsistent with this Bylaw, continue with like operation and effect as if they had been granted under the corresponding provisions of this Bylaw. 1.3 Areas within which this Bylaw applies This Bylaw applies to the areas defined in Schedule 1.1 - Harbour Limits. 1.4 Definition of Terms accident means: (a) an occurrence that involves a vessel and in which a person is seriously harmed as a result of- (i) being on the vessel; or (ii) direct contact with any part of the vessel, including any part that has become detached from the vessel; or (iii) direct exposure to the wash of the vessel or interaction (other than direct contact) between two vessels; or (iv) being involved in the salvage of any vessel except where the injuries are self inflicted or inflicted by other persons, or when injuries are to stowaways hiding outside areas normally available to passengers and crew; or (b) the vessel sustains damage or structural failure that- (i) adversely affects the structural strength, performance, or seaworthiness of the vessel; or (ii) would normally require major repair or replacement of the affected component; or (iii) poses a threat to the safety of people on board the vessel; or (c) there is a complete or partial failure of machinery or equipment that affects the seaworthiness of the vessel; or (d) there is a loss of, or damage to, or movement of, or change in the state of, the cargo of the vessel which poses a risk to the vessel or other vessels; or (e) there is a significant loss of, or significant damage to, property (not being the cargo carried by the vessel) or the property of any person (whether or not on board the vessel),