Waterway Rules Proposal Yarra River upstream of port waters of the Port of Melbourne1 The Director, Transport Safety Victoria (TSV), invites public comment on the proposed changes to Schedule 3 of the Vessel Operating and Zoning Rules. The changes proposed will affect the Yarra River upstream of port waters of the Port of Melbourne to Dight’s Falls, as detailed in this document. Parks Victoria is the waterway manager for these waters. The proposed changes address emerging safety issues in order to improve safety outcomes on the Yarra River. The rules currently in place under Schedule 3 will continue to apply, unless otherwise amended by the proposed rules that are outlined in this document. Printed copies of this free document are available at: Parks Victoria Barkly Ave Burnley VIC 3121 VicRoads – Hub@Exhibition 113 Exhibition St Melbourne VIC 3000 Melbourne City Marina 120/439 Docklands Dr Docklands VIC 3008 If you would like a copy posted to you telephone or email using the details below. In accordance with s195 of the Marine Safety Act 2010, Maritime Safety Victoria (MSV), a branch of TSV, welcomes your feedback and advises that only written submissions received by close of business 6 November 2019 will be considered. Submissions must be in writing, and either: • emailed to [email protected] or • posted to Yarra River Waterway Rules Proposal, TSV, PO Box 2797, Melbourne VIC 3001 For any other queries regarding the proposals, please email as above or phone 1800 223 022 (select the waterway safety unit option). Personal information, including your views, provided through participation in this consultation will be treated in accordance with TSV’s Privacy Policy (https://transportsafety.vic.gov.au/privacy). In addition, a summary of feedback provided will be published as part of the Statement of Reason for Rule Making as required by section 188 of the Marine Safety Act 2010 (Vic) in a de-identified form. 1 ‘Upstream’ of the port waters of the Port of Melbourne starts from the western drip line of the Bolte Bridge Proposed waterway rule changes – Yarra River upstream of port waters of the Port of Melbourne to Dight’s Falls The only current waterway rules for the specified section of the River, in place under Schedule 3 of the Vessel Operating and Zoning Rules, that will be affected by the proposed new waterway rules are: • Clause 3.1 – Five knot speed limit for all the waters of the Yarra River upstream of port waters of the Port of Melbourne. This will be amended by proposed rule 7 below for vessels without an engine used for propulsion and vessels engaged in coaching activities. • Clause 3.3(c) – Prohibition of specified activities: Areas where berthing and mooring is prohibited: i. Upstream of port waters of the Port of Melbourne to Dight’s falls, excluding those areas detailed in Table 1 for the times and purposes detailed in that table, and those waters in the Docklands Area as defined in Schedule 1 of the Docklands Act 1991; ii. Vessels are exempt from this rule when berthed or moored on the Yarra River in accordance with a written authority from Parks Victoria. The only berthing restrictions that are under review apply to Leonda Landing, Herring Island South Landing, Como Landing, Swan Street North Landing, Melbourne Park Landing, Federation Wharf – berths 1, 2, 3, 4, 5 and 6, Flinders Landing, Flinders Walk Floating Landing, Southgate Wharf – berths 1, 2, 3, 4, 5, 6 and 7, Sandridge Wharf, Banana Alley Wharf, Turning Basin Wharf, Clarendon Promenade Landing and South Wharf Landing. For a copy of the current rules, visit https://transportsafety.vic.gov.au/maritime-safety/ports-and-waterways/waterway-rules 1 Proposed waterway rules Definitions of terms used in the proposal ‘Formal training’ means training conducted under the direction of an incorporated club, organisation or association that is affiliated with the respective peak body where supervision of participants and appropriate rescue services are provided, or under a Safety Management Plan approved by Maritime Safety Victoria. ‘Baulk’ means operating at a speed or in a manner that obstructs the passage of other vessels. ‘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. ‘Yarra River upstream of port waters of the Port of Melbourne’ means the Yarra River upstream of the western drip line of the Bolte Bridge to Dight’s Falls. The proposed new rules for the waters upstream of port waters of the Port of Melbourne to Dight’s Falls (referred to as ‘the specified section’) include: 1. Restricted Zones It is proposed that all bridges on the Yarra River in the specified section, will have Restricted zones extending the width of the river and 75 metres upstream and downstream of each bridge. Within these zones all vessels, unless departing from or arriving at a dock or berth, will have to comply with the following (unless in an emergency): a) No stopping b) No turning, reversing direction or crossing the river c) No overtaking d) No drifting or baulking e) Give way to vessels travelling downstream, unless operating a vessel which is restricted in its ability to manoeuvre (this includes engine-powered vessels over 12 metres and vessels without an engine used for propulsion over 14 metres) f) No travelling side by side under narrow bridge arches (including Spencer St Bridge and Queens Bridge) g) Navigation under bridges must be per the Bridge Arch Guide (see below pages 7 and 9). Reasoning – the use of Restricted Zones will seek to manage and control the following safety issues/risks – • collision between vessels and between vessels and infrastructure when vessels overtake each other close to or under bridges • collision with trailing and oncoming vessels when vessels stop, turn, drift or baulk close to or under bridges • collision with infrastructure when vessels travel two or more abreast when transiting under narrow bridge arches Implications for waterway users – • This proposed rule will restrict activities which may be undertaken in the area both 75 metres upstream and downstream of each bridge. That is, any activities which involve stopping or drifting, turning or crossing the river, or overtaking close to bridges will be prohibited, unless departing from or arriving at a dock or berth, or in an emergency. 2. Turning and crossing zones It is proposed that, in the specified section of the Yarra River, rowing boats and dragon boats will have to turn or cross the river only in the designated Turning and crossing zones as marked by signs on shore (unless in an emergency). This must be done only when the river is clear, as quickly as possible by the shortest safe route (see proposal maps from page 6 onwards for locations). All other vessels will have to give way to vessels navigating either upstream or downstream and turn or cross only when the river is clear, doing so as quickly as possible by the shortest safe route. Reasoning – the use of Turning and crossing zones will seek to manage and control the following safety issue/risk – • collision when large numbers of vessels are operating on the River by providing a consistent guide to where rowing boats and dragon boats will manoeuvre on the river in terms of turning and reversing direction. Implications for waterway users – • The proposed rule will prohibit rowing boats and dragon boats from turning and crossing the river outside the designated zones, while all other vessels may turn or cross at any point provided the river is clear and they take the shortest possible safe route. 2 3. Stopping zones It is proposed that, in the specified section of the Yarra River, rowing boats and dragon boats will have to stop only in the designated Stopping zones as marked by signs on shore (unless in an emergency) (see proposal maps from page 6 onwards for locations). When stopping within these zones, vessels will have to pull over as close to the starboard bank as is safe and practicable and not impede the passage of other vessels. All other vessels must ensure they stop as close to the starboard bank as is safe and practicable and not impede the passage of other vessels. Reasoning – the use of Stopping zones will seek to manage and control the following safety issue/risk – • collision when large numbers of vessels are operating on the River by providing a consistent guide to where rowing boats and dragon boats will manoeuvre on the river when stopping. Implications for waterway users – • This proposed rule will prohibit rowing boats and dragon boats from stopping outside the designated zones, while all other vessels must ensure that, in stopping, they do not impede the passage of other vessels. 4. Travelling side by side It is proposed that, in the specified section of the Yarra River, all vessels will have to comply with the following: a) A maximum of two vessels may proceed side by side when travelling in a downstream direction provided there is room to do so and vessels remain on the starboard side of the river without obstructing vessels travelling upstream. The exceptions are the waters to the north of Herring Island, extending the length of the island, and the waters of the anabranch which diverts from the main river channel to the south of the island, where vessels must proceed in a single file.