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Vessel Operating and Zoning Rules for Victorian Waters

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Vessel Operating and Zoning Rules for Victorian Waters GUIDE: Vessel Operating and Zoning Rules for Victorian Waters August 2021 Version 32 …………………………………………. DIRECTOR OF MARITIME SAFETY DELEGATE OF THE DIRECTOR, TRANSPORT SAFETY Contents Introduction .................................................................................................................................... 3 Waterway Rules – State rules ....................................................................................................... 4 Waterway Rules – Schedules ...................................................................................................... 13 Exemptions ................................................................................................................................ 271 Page 2 of 282 Introduction Boaters can enjoy a wide range of waterways in Victoria, including large and small coastal embayments, coastal waters, lakes and water storages, and rivers. This guide details the general and local rules in place for Victorian waterways. There are general State Rules that apply for all waters in the State and local Scheduled operating and zoning rules for specific waterways. These rules are approved by Maritime Safety Victoria under Part 5.1 of the Marine Safety Act 2010 (Vic) and preceding legislation. The rules are designed to provide a safe operating environment, to cater for the wide range of boating and water activities, to separate different activities where needed on the basis of safety, and to reflect local conditions. This document is a reproduction of official Notices made under the Marine Safety Act 2010 (Vic) or preceding Marine Act 1988 (Vic) for Notices prior to 1 July 2010. Readers should be aware that the rules are subject to change. References in the State Rules section to the Marine Act 1988 or Marine Regulations 2009 should be references to the Marine Safety Act 2010 or the Marine Safety Regulations 2012. Any queries regarding the rules should be directed to MSV or the relevant waterway manager. Contact details Maritime Safety Victoria Telephone: 1800 223 022 Email: [email protected] Web: transportsafety.vic.gov.au/msv Page 3 of 282 Waterway Rules – State rules Preliminary Interpretation 1. In this Notice: • ‘Access lane’ means an area of water specified in a Schedule which is set aside to permit access to or from the shore at speed: (a) for a vessel which is towing a water-skier (b) for launching or retrieving a vessel at a boat ramp when the ramp is located in the area specified as an access lane. • ‘Coastal waters’ has the same meaning as in the Marine Regulations 2009. • ‘Competition or training’ means an activity: (a) undertaken as part of a competition or training organised in accordance with the rules of a Victorian sporting organisation; and (b) approved in writing by the Director, Transport Safety as competition or training. • ‘Dive flag’ means the Code Flag "A" shown in Chapter 11 and Appendix 2 of the International Code of Signals. • ‘Enclosed waters’ has the same meaning as in the Marine Regulations 2009. • ‘Hire and drive Vessel’ has the same meaning as in the Marine Act 1988. • ‘Houseboat’ means any boat, vessel or pontoon having a fixed house above the deck with accommodation which may be used by persons residing on board for an overnight period or longer. • ‘Inland waters’ has the same meaning as in the Marine Regulations 2009. • ‘Local port manager’ has the same meaning as in the Marine Act 1988. • ‘No wash zone’ means an area of water specified in a Schedule through which a vessel must only pass at a speed which creates minimal wash or no wash. • ‘Operate’ means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not: (a) at anchor; or (b) made fast to the shore; or (c) aground; or (d) ashore. • ‘Personal watercraft’ means any recreational vessel that is of a kind that is required to be registered and that: (a) has an engine that is used for propulsion; and (b) has a fully enclosed hull; and (c) does not retain water on it if it capsizes; and (d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel. Page 4 of 282 Waterway Rules – State rules • ‘Port management body’ has the same meaning as in the Marine Act 1988. • ‘Recreational vessel’ has the same meaning as in the Marine Act 1988. • ‘Rescue’ means an operation to retrieve persons in distress, provide for their initial medical or other needs and deliver them to a place of safety and includes any on-water activities that may be preliminary or incidental to that operation. • ‘Schedule’ means a Schedule to this Notice. • ‘Search’ means an operation, normally coordinated by a rescue coordination centre, using available personnel and facilities to locate persons in distress and overdue vessels. • ‘Speed restriction zone’ means an area of water specified in a Schedule within which a master of a vessel must not cause or allow the vessel to be operated in excess of the speed designated in the Schedule. • ‘Sporting organisation’ includes an organisation that: (a) has control in Australia, a foreign country or internationally of one or more sports or sporting events; or (b) organises or administers one or more sports or sporting events; or (c) accredits people to take part in sporting competition; or (d) provides teams to compete in sporting competition; or (e) trains, or provides finance for, people to take part in sporting competition. • ‘State waters’ mean: (a) the territorial sea adjacent to the State; and (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State (c) waters within the limits of the State. • ‘Search and rescue operation’ includes: (a) a search; (b) a rescue; and (c) any activity designed to train personnel to undertake – (i) a search; (ii) a rescue; and (d) any function incidental to a search or a rescue conducted on State waters. • ‘Vessel’ has the same meaning as in the Marine Act 1988. • ‘Victorian sporting organisation’ means a sporting organisation recognised by the Victorian Minister for Sport and Recreation as the sporting organisation for a sport in Victoria. Page 5 of 282 Waterway Rules – State rules • ‘Water-skier’ means a person being towed by a vessel which has an engine that is used for propulsion whether or not the person is wearing water-skis or: (a) is being towed bare-footed; or (b) is being towed on any thing; or (c) is engaging in para-sailing or in a similar activity. • Works includes: (a) the construction, maintenance or decommissioning of a facility or infrastructure; and (b) the dredging of a channel and related activities; and (c) the construction or maintenance or exterior alteration or decoration of a building or other structure; and (d) the demolition or removal of a building or other structure; and (e) the erection, maintenance and removal of signs or hoardings; and (f) the removal, destruction or lopping of vegetation. Page 6 of 282 Waterway Rules – State rules Speed Limits and Safety Distances All State Waters 2. A master of a vessel must not cause or allow the vessel to be operated on any State waters at a speed exceeding 5 knots: (a) within 50 metres of a person in the water; or (b) within 100 metres of a vessel or buoy on which a dive flag is displayed, or a rigid replica of that dive flag; or (c) within 50 metres of another vessel except where both vessels are either: (a) engaged in competition or training; or (b) within an exclusive use or special purpose area prescribed in a Schedule to this Notice which is set aside for a specific activity under Clause 13 in which the width of water prevents the keeping of that distance. Inland Waters 3. Unless otherwise specified in a Schedule, the master of a vessel must not cause or allow the vessel to be operated on any inland waters at a speed exceeding 5 knots: (a) within 50 metres of the waters’ edge; or (b) within 50 metres of a fixed or floating structure in or on the water (including a wharf, jetty, slipway or boat launching ramp); except in an access lane. Coastal Waters and Enclosed Waters 4. Unless otherwise specified in a Schedule, the master of a vessel must not cause or allow the vessel to be operated in coastal waters or in enclosed waters at a speed exceeding 5 knots: (a) within 200 metres of the waters’ edge except in an access lane (b) within 50 metres of a wharf, jetty, slipway, diving platform or boat ramp except in an access lane (c) when passing through a recognised anchorage for small craft. Page 7 of 282 Waterway Rules – State rules Categorisation and Use of Waters Establishment of Access Lanes 5. An area of water specified in a Schedule as an access lane for the purposes of this clause is an access lane. Use of Access Lanes 6. (1) The master of a vessel which is towing a water skier at a speed exceeding 5 knots must ensure that the vessel is operated in a manner such that it departs from and returns to the shore only through an access lane. (2) The master of a vessel must not cause or allow the vessel to be operated in an access lane except for the purposes of- (a) dropping off or picking up a water-skier; or (b) launching or retrieving the vessel at a boat launching ramp when the ramp is located within an access lane. (3) The master of a vessel must not cause or allow the vessel to be operated in an access lane unless the purpose for which he or she entered the access lane necessitates unrestricted speed departure from and approach to the shore. (4) The master of a vessel
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