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Marine Notice April 2004

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Marine Notice April 2004 cover 7/3/02 10:00 AM Page 1 Marine Act 1988 Vessel operating Vessel operating and zoning rules and zoning rules for Victorian waters March 2001 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. There are either general or specific operating and zoning rules for all waters in the State. These rules are approved by Marine Safety Victoria under section 15 of the Marine Act 1988. This booklet details the general and local rules in place for Victorian waterways. 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 Notice No. 1 made under section 15 and readers should be aware that the rules are subject to change. Any queries regarding the rules should be directed to— Marine Safety Victoria Level 11 Nauru House 80 Collins Street MELBOURNE Vic 3000 Telephone: (03) 9655 3399 Fax: (03) 9655 6611 Email: [email protected] Web: www.marinesafety.vic.gov.au Notice No. 1 Under S. 15(2) Marine Act 1988 (as published in the Government Gazette) Marine Act 1988 Notice No. 1 Under Section 15(2) NOTICE SETTING OUT CERTAIN RULES TO BE OBSERVED BY OPERATORS OF VESSELS AND OTHER USERS OF SPECIFIED STATE WATERS Notice is hereby given that the rules set out in this notice (in addition to any other obligations in the Marine Act 1988 or in regulations made under the Marine Act 1988 or any other Act) must be observed by operators of vessels and by other users of the specified State waters described in this notice, for the purposes of section 15(2) of the Marine Act 1988. This notice (including Schedules to the notice) was made by the Marine Board of Victoria on 26th June 1998 on the recommendation of Commander A.R. Johnson, a member of the Victoria Police Force under section 15(2) of the Marine Act 1988, with effect from and including 1 July 1998. BRUCE PHILLIPS, Chief Executive, Marine Board of Victoria REVOCATIONS This notice revokes all notices previously made by the Marine Board under section 15(2) of the Marine Act 1988. APRIL 2004 1 Notice No. 1 Under S. 15(2) Marine Act 1988 (as published in the Government Gazette) 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, or (b) for launching or retrieving a vessel at a boat ramp when the ramp is located in the area specified as an access lane. “Approved buoyancy garment” means a buoyancy garment that- (a) has been approved by the Board; or (b) complies with the Australian Standards specification for buoyancy garments as published by the Standards Association of Australia on 7 December 1984 as AS 226O-1984. “Approved buoyancy vest” means a buoyancy vest that- (a) has been approved by the Marine Board of Victoria; or (b) complies with the Australian Standards specification for buoyancy vests- (i) as approved by the Council of the Standards Association of Australia on 1 December 1965 and published as “Australian Standard Z27-1966”; (ii) as published by the Standards Association of Australia in 1973 as AS 1499- 1977; (iii) as published by the Standards Association of Australia on 1 July 1979 as AS 1499-1979; (iv) as published by the Standards Association of Australia on 1 March 1983 as AS 1499-1983. “Approved lifejacket” means a lifejacket that- (a) complies with the requirements specified under the Navigation Act 1912 of the Commonwealth; or (b) has been approved by the Marine Board of Victoria prior to the commencement of this notice; or (c) complies with the Australian Standards specification for lifejackets- (i) as approved by the Council of the Standards Association of Australia on 1 December 1965 and published as “Australian Standard Z27-1966”; or (ii) as published by the Standards Association of Australia in 1973 as AS 1512- 1973; or (iii) as published by the Standards Association of Australia on 1 June 1981 as AS 1512-1981; or (iv) as published by the Standards Association of Australia on 1 March 1983 as AS 1512-1983. APRIL 2004 2 Notice No. 1 Under S. 15(2) Marine Act 1988 (as published in the Government Gazette) “Approved personal flotation device” means a personal flotation device that complies with the Australian Standards specification for personal flotation devices- (i) as published by the Standards Association of Australia on 4 January 1988 as AS 1512-1988; (ii) as published by the Standards Association of Australia on 4 January 1988 as AS 1499-1988; (iii) as published by the Standards Association of Australia on 4 January 1988 as AS 2260-1988. “Coastal waters” means the territorial sea adjacent to the State and the sea on the landward side of that territorial sea that is not within the limits of the State. “Flag” means a burgee white to the mast and blue to the fly, corresponding to Flag A of the International Code of Signals, indicating “diver below”. “Hire and Drive Vessel” means a vessel (other than a recreational vessel) that is intended to be let for hire or reward or for any other consideration and includes a vessel provided at a holiday establishment or hotel for the use of tenants or guests. “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” means waters within the limits of the State which are not within port waters or a designated port under 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. “Owner”, in respect of a Hire and Drive vessel includes a part owner or a person who for the time being has possession of the vessel, but does not include a person who is a hirer or a person who has a conditional or unconditional right to take possession of the vessel under a hire purchase agreement, bill of sale or other similar instrument and who has not yet exercised that right. “Personal water craft” includes a power ski, aqua-scooter, jet bike, jet ski, wave runner, wave jammer, ski-free, motorised surfboard and any similar vessel that has an engine used for propulsion. “Schedule” means a Schedule to this notice. “Speed restriction zone” means an area of water specified in a Schedule within which a vessel must not be operated in excess of the speed designated in the Schedule. “State waters” means- APRIL 2004 3 Notice No. 1 Under S. 15(2) Marine Act 1988 (as published in the Government Gazette) (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; and (c) waters within the limits of the State. “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 a surfboard or similar device; or (c) is engaging in para-sailing or in a similar activity. SPEED LIMITS AND SAFETY DISTANCES State Waters 2. A person must not operate a vessel 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 is displayed a burgee or replica, white to the mast and blue to the fly corresponding to International Code Flag “A” indicating “diver below”; or (c) within 50 metres of another vessel excepting where both vessels are either- (a) engaged in competition or in bona fide training organised in accordance with the rules of a State or Nationally recognised water sporting association; or (b) within an exclusive 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, a person must not operate a vessel 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- except in an access lane. Coastal Waters and Ports 4. Unless otherwise specified in a Schedule, a person must not operate a vessel in coastal waters or in a port or designated port under the Marine Act 1988 at a speed exceeding 5 knots- (a) within 200 metres of the waters edge except in an access lane; or (b) within 50 metres of a wharf, jetty, slipway, diving platform or boat ramp except in an access lane; or (c) when passing through a recognised anchorage for small craft. APRIL 2004 4 Notice No. 1 Under S. 15(2) Marine Act 1988 (as published in the Government Gazette) CATEGORISATION AND USE OF WATERS Establishment of Access Lanes 5. (1) An area of water specified in a Schedule as an access lane for the purposes of this clause is an access lane.
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