Whats The Law?

[tide'n'knots]

while fishing the harbour on monday a waterways boat motored up to us as we were drifting past a channel marker in the main harbour opposite the zoo ( or there abouts) and said to us quote: I cant let you guys fish here its just way to busy and there are too many large ships in the harbour you will have to move.

We were happy to move as no kingies were around that particular marker anyway, but if we were into a hot bite I think I would have been a bit pissed off!!

My question is - Do they have the right to ask you to move? I would have thought that we had as much right to be there as anyone else unless we were breaking some law such as anchoring in a ferry lane.

The other thing is I didnt think that the harbour was that busy anyway! I have been there on much busier days and not far from us there was a small yacht race with about 100 or so yachts cutting back and forth across the ferry lanes, so couldnt see how we were a problem.

If we stood our ground and so no, would we have been in some trouble or do we have that right?

Pete.

[Flightmanager]

Unfortunately , no , you do not have that right . If you had " Stood your ground " , you would have been guilty of an offence .

Marine Safety Act 1998 No 121

15A Power to give directions relating to safety on navigable waters

(1) An authorised officer may give a direction to a person in, on or near navigable waters if the officer believes on reasonable grounds that:

[a] the giving of the direction is necessary to ensure the safety of any person, or to prevent damage to property, in, on or near navigable waters, and

the direction is reasonable in the circumstances for achieving that objective.

[2] A person must not fail to comply with a direction given under this section to the person, whether or not the person may contravene another provision of the marine legislation by obeying the direction.

Maximum penalty: 30 penalty units.

(6) In this section:

[a] a reference to a person in, on or near navigable waters includes a reference to a person on a vessel, water skis or other apparatus, in, on or near navigable waters, and

a reference to property in, on or near navigable waters includes a reference to property on a vessel.

Given the recent number of accidents in Sydney Harbour , enforcement of these rules is probably more common now than previously .

Ross

[BFB]

It is generally accepted that whenever an officer with some authority gives you a request that it is against the law to go against that request. Be that officer the police, waterways or some person with appropriate authority.

It is always best to agree and move than to try a cause problems because, I can assure you, you will loose more times than you can win.

[pelican]

Just trying to picture the Channel marker opposite the Zoo? Do you mean the big Navy shaped mooring drums?

If it was one of the drums the sailing races use these as fleet division markers to keep the east and west bound fleet seperated to help divide the course and stop accidents.

As both the Waterways and the start boat are aware of the course the yachts sail as it is the same in all weather so the waterways may well have just been giving a precautionary notice that in a short while the marker you were at was going to get very busy. Often if the sailing start boat sees a fishing boat on a specific marker they will put a call out on the radio ( they can't leave the start station the are anchored on) and if no response will notifymaritime if they are about or Ports ad Police may come out.

If it was a channel marker there may have been a larger ship comin in the harbour and both maritime and police have been directed to escort duty and try and clear any boats out of the way that are not on a set course.

If you put your anchor down on the non channel side of the mark I feel t is up to the other boats to avoid you and keep clear.

There has been pretty clear instructions given to the authorities this Summer to do a bit of preventative safety stuff in the harbour but they should be able to explain this at the time and say it is for your or someone elses safety.

You can always ask the maritime or police for further details without getting uppity and they will usually provide them graciously as they are Ok generally.

Pel

[adzzy]

Hi

Were you drifting in the channel or on the other side of the marker

[tide'n'knots]

thanks for the response guys

1/ I dont understand how he thought it was for our saftey -as I said I have seen the harbour much busier.

2/we were drifting past the marker bouy not in the channel and not anchored

3/ the marker bouy is back from those white drums towards the heads roughly just out from bradleys head.

sounds like we were in a no win situation - just as well we left peacefully!

Just prior to this happening we did witness a wanker travelling in the same direction, just in front of a huge container ship so its possible he may have got a call about it and thought we may have been the culprits!

Edited December 12, 2008 by tide'n'knots

[pelican]

Athol Drum 4 actually marks the channel so if you were at all south of it you are in the channel and the ports tower would have asked Maritime to move you on. There is a channel split marker South from bradleys and it splits the 2 cannels and I have seen them move people from there. They are getting a bit picky near Bradleys head afeter that accident and another couple of problems since then. If you were on the North side of the marker at Athol I would have asked for a bit more info. Not going to change the blokes opinion but nice to know what angle he is on about. He may have just said don't drift on the southern side of the Buoy. The Channel split marker - well not a place they like boats hanging around any more and that marker is used in the yacht racing to keep boats from being hard up against Bradleys ( not that it stops them!!)

Here is a harbour map

Which bouy was it

http://www.maritime.nsw.gov.au/docs/maps/portjack_front.pdf

don't know

Pel

[tide'n'knots]

Athol Drum 4 actually marks the channel so if you were at all south of it you are in the channel and the ports tower would have asked Maritime to move you on. There is a channel split marker South from bradleys and it splits the 2 cannels and I have seen them move people from there. They are getting a bit picky near Bradleys head afeter that accident and another couple of problems since then. If you were on the North side of the marker at Athol I would have asked for a bit more info. Not going to change the blokes opinion but nice to know what angle he is on about. He may have just said don't drift on the southern side of the Buoy. The Channel split marker - well not a place they like boats hanging around any more and that marker is used in the yacht racing to keep boats from being hard up against Bradleys ( not that it stops them!!)

Here is a harbour map

Which bouy was it

http://www.maritime.nsw.gov.au/docs/maps/portjack_front.pdf

don't know

Pel

the bouy on the map has lso.2s. written next to it.

[pelican]

Yeah that is the chanel split marker so that ships don't bump into pinchgut!!! and as you can see from the map the channel comes to a fine point and if you were right on the marker you were in the channel. You could possible sit directly west of it and cast to it or troll past it.

That is definately not a marker that sailors use as they use only the inflatable buoys as turning buoys and the grey drums are the onlty fixed buoys thayt are used although some courses require sailors to keep to port or starboard of some fixed harbou points.

The ports tower may well have asked them to move you on or the ferries or they are just being really strict due to the deaths nearby at Bradleys. If you were alone they may have considered a single person couldn't keep watch and fish safely while on the drift