Benzeenees Posted March 26, 2009 Share Posted March 26, 2009 There appears to be no change according to the Boating Handbook on the NSW Maritime site. Obviously not going to be implemented by 1 April. Link to comment Share on other sites More sharing options...
Geoff Posted March 26, 2009 Share Posted March 26, 2009 Obviously not going to be implemented by 1 April. Correct , still on the drawing board. I'm sure there will be lots of info come & time made available if or when the new legisitation is passed Geoff Link to comment Share on other sites More sharing options...
pelican Posted March 27, 2009 Share Posted March 27, 2009 Signed off on 25 th and will be enacted on the 30th of this month. Link to comment Share on other sites More sharing options...
nic_ally_king Posted March 27, 2009 Share Posted March 27, 2009 Signed off on 25 th and will be enacted on the 30th of this month. Pel, you saying that as of a few days time, boats under 8m will need an epird for open waters?? ****! Link to comment Share on other sites More sharing options...
warnie Posted March 30, 2009 Share Posted March 30, 2009 (edited) Pel, you saying that as of a few days time, boats under 8m will need an epird for open waters?? ****! Sent: Friday, March 27, 2009 9:24 AM Subject: FW: EPIRB Enquiry - vessels less than 8m The new Marine Safety (General) Regulation 2009 was signed by the Governor and Minister Tripodi on Wednesday 25 March, and will become law on Monday 30th March. That's why you have not been able to find it on legislation.nsw,gov.au. It's only just been made. The previous legislation that dealt with EPIRBS (which will be repealed on Monday 30th ) was the Boating (Safety Equipment) Regulation, and required an EPIRB to be carried on vessels over 8 metres when more than 2nm from shore (Clause 4A(2)) In the Marine Safety (General) Regulation 2009, the length distinction has been removed, and on its face, all vessels are required to carry a 406 EPIRB when 2nm or more from shore. (Clause 84(1) and Schedule 5 Part 1) The Fire Extinguisher requirements are listed here too and attached. The Regulation however does provide some exemptions (Schedule 5 Part 2 - Clause 4) being for PWC, Kayaks, and Canoes (but not outrigger canoes) The legislation quoted above is attached for you. You should also be aware of a press release issued by the Minister on Jan 21 2009 in which he advised that boaters not carrying an EPIRB when required would initially be given a warning rather than a fine, due to a worldwide shortage of EPIRBS, as long as the boater can demonstrate that they have placed one on order. The press releases are available on the front page of the NSW Maritime web site (www.maritime.nsw.gov.au) Click on "more news" to see the older ones. Hope this helps Cheers Warnie Edited March 30, 2009 by ungry warnie Link to comment Share on other sites More sharing options...
Bar Up Posted March 30, 2009 Share Posted March 30, 2009 Sent: Friday, March 27, 2009 9:24 AM Subject: FW: EPIRB Enquiry - vessels less than 8m The new Marine Safety (General) Regulation 2009 was signed by the Governor and Minister Tripodi on Wednesday 25 March, and will become law on Monday 30th March. That's why you have not been able to find it on legislation.nsw,gov.au. It's only just been made. The previous legislation that dealt with EPIRBS (which will be repealed on Monday 30th ) was the Boating (Safety Equipment) Regulation, and required an EPIRB to be carried on vessels over 8 metres when more than 2nm from shore (Clause 4A(2)) In the Marine Safety (General) Regulation 2009, the length distinction has been removed, and on its face, all vessels are required to carry a 406 EPIRB when 2nm or more from shore. (Clause 84(1) and Schedule 5 Part 1) The Fire Extinguisher requirements are listed here too and attached. The Regulation however does provide some exemptions (Schedule 5 Part 2 - Clause 4) being for PWC, Kayaks, and Canoes (but not outrigger canoes) The legislation quoted above is attached for you. You should also be aware of a press release issued by the Minister on Jan 21 2009 in which he advised that boaters not carrying an EPIRB when required would initially be given a warning rather than a fine, due to a worldwide shortage of EPIRBS, as long as the boater can demonstrate that they have placed one on order. The press releases are available on the front page of the NSW Maritime web site (www.maritime.nsw.gov.au) Click on "more news" to see the older ones. Hope this helps Cheers Warnie Warnie, You mentioned that the legislation quoted is attached but I can't see it anywhere?? Could you please put a link to it? Bar Up Link to comment Share on other sites More sharing options...
Geoff Posted March 30, 2009 Share Posted March 30, 2009 Warnie, You mentioned that the legislation quoted is attached but I can't see it anywhere?? Could you please put a link to it? Bar Up Searched Marintime site , also unable to find any reference to the change. Assuming for the moment it is correct , signing off on the 27th & expect everyone to have an Epirb either on board or on order by the 30th is totally unrealistic. Hopefully common sence will prevail & a warning period of several months introduced Geoff Link to comment Share on other sites More sharing options...
pelican Posted March 31, 2009 Share Posted March 31, 2009 No logic Here is media release http://www.maritime.nsw.gov.au/docs/minist...regulations.pdf Link to comment Share on other sites More sharing options...
Bar Up Posted March 31, 2009 Share Posted March 31, 2009 No logic Here is media release http://www.maritime.nsw.gov.au/docs/minist...regulations.pdf Read this last night when trying to find the info but there is no mention of EPIRB changes. Bar Up Link to comment Share on other sites More sharing options...
pelican Posted March 31, 2009 Share Posted March 31, 2009 (edited) and table at bottom Here it is and the change is that the length is removed - clause 84 and schedule at bottom of required min safety gear http://www.legislation.nsw.gov.au/viewtop/...+2009+FIRST+0+N No wash' zone penalty now $5,500 'Sydney ’no wash’ Zone - photo by Richard Smith' . The rules for boating speed and safety are about to be enforced with stiff new penalties in New South Wales, including an increase in the penalty for violating a 'no wash' zone from $40 to a staggering $5,500, with the 'on-the-spot' fine for creating a wash set at $250. NSW Ports and Waterways Minister Joe Tripodi says new marine safety regulations will come into force on Monday March 30, including increased penalties for dangerous boating and operating a vessel without a licence. Mr Tripodi said the changes build on major reforms announced last year which provide tougher penalties including big fines and jail terms for dangerous navigation and overloading a vessel. 'These new regulations are part of the biggest reforms to marine safety rules and practices in a decade and will reinforce the culture of safe boating in NSW,' Mr Tripodi said. 'The vast majority of boaters do the right thing and follow the rules but like our roads, any reckless behaviour on the water can be as dangerous. These laws and powers will go a long way to reducing such behaviour.' Mr Tripodi said the new Marine Safety Regulations will more than halve the number of existing regulations, improving on-water safety and cutting red tape. Key new elements which will take effect from Monday include: • Increased penalties for driving while disqualified or operating a boat without proper safety equipment; • New safety label requirements with expanded safety information to replace the capacity plate on all vessels; • New requirements to keep inflatable lifejackets properly maintained and serviced; • New, specific provisions for the offence of ‘wash causing damage or unreasonable impact’ to other vessels or structures, attracting a maximum penalty of $5500; • New provisions requiring each new recreational vessel to include, at the point of sale, the Australian Builder’s Plate – detailing each individual vessel’s buoyancy and capacity. Mr Tripodi said anyone operating a vessel while their licence is disqualified could face a maximum penalty of more than $13,000 and/or two years imprisonment, compared to the current maximum fine of $1500. 'The new Marine Safety Regulations include provisions similar to the Road Transport legislation, which views driving while disqualified as a serious offence as it demonstrates a total disregard for the law.' Mr Tripodi said the new penalties for excessive boat wash replace the existing situation where boaters can only be fined $40 for disobeying a sign in a 'no wash zone'. 'Given the damage that can be caused by excessive wash and the danger it can pose to other boaters, the new regulations provide a $250 on the spot penalty for excessive wash in any location and a maximum $5500 fine for violations in a ‘no wash zone’.' Mr Tripodi said the regulations complement and build on changes which came into force last year which give NSW Maritime and Water Police officers' new powers to enforce boating safety laws and direct boaters to act safely. 'For example, Maritime officers and Water Police can now immediately suspend a vessel’s registration or detain a vessel if it’s found to be unsafe. 'This includes boats found operating at night with insufficient navigation lighting. Under the reforms, boat licence requirements are also being strengthened through a new practical boating component of the boat licensing system. Mr Tripodi said the requirement to get practical ‘on-water’ boating experience by completing a boating licence logbook will come into effect on June 1. Edited March 31, 2009 by pelican Link to comment Share on other sites More sharing options...
Geoff Posted March 31, 2009 Share Posted March 31, 2009 I must be missing something here , I cannot see any reference to Epirbs or that the 8m length has been removed Perhaps someone can show me the clause & legisation section that has actually been changed Geoff Link to comment Share on other sites More sharing options...
Hodgey Posted March 31, 2009 Share Posted March 31, 2009 Found this thanks Pel. I assume that the any vessel over/under 8m is intentionally ommitted? Schedule 5 Minimum safety equipment to be carried on recreational vessels (Clause 84) Part 1 General requirements for safety equipment Essential items Quantity Area of operation: Enclosed Open Anchor with chain/line 1 Yes Yes Appropriate lifejacket 1 for each person on board the vessel Yes Yes Appropriate map or chart 1 No Yes Bailer/bucket/fire bucket 1 Yes Yes Bilge pump (B1) (B2) Yes Yes Compass 1 No Yes Distress signals Orange smoke hand-held distress signal 2 No Yes Red hand-held distress flare 2 No Yes EPIRB 1 No Yes, but only if vessel is more than 2 nautical miles from nearest shore Fire extinguisher (F1) (F2) Yes Yes Fresh drinking water 2 litres per person No Yes Marine radio 1 No Yes, but only if vessel is more than 2 nautical miles from nearest shore Paddles or oars/rowlocks (P1) Yes Yes Sound signal (airhorn/whistle/bell) 1 Yes Yes V-sheet (distress signal) 1 No Yes Waterproof torch 1 Yes Yes Key. (B1): To be provided on vessels with covered bilges or closed under-floor compartments other than airtight void spaces. For all other vessels a bailer is to be carried. (B2): s to be capable of draining each compartment (other than airtight void spaces). May require more than one bilge pump to be fitted. (F1): All vessels with an electric start motor, gas installation, fuel stove or battery. (F2): At least one. More are to be carried if potential sources of fire and the size of the vessel require it. (P1): Paddles or oars/rowlocks are to be carried on boats under 6 metres in length unless a second means of propulsion is fitted. Link to comment Share on other sites More sharing options...
warnie Posted March 31, 2009 Share Posted March 31, 2009 Hodgey You assume correctly also whilst on the subject and as shown below not often referred to and mentioned in conversation all that that much but as you can see below one is required to be carried is a fire extingusher a great majority of boats I guess would be unaware of such. (F2): At least one. More are to be carried if potential sources of fire and the size of the vessel require it. Cheers Warnie Link to comment Share on other sites More sharing options...
Bar Up Posted March 31, 2009 Share Posted March 31, 2009 (edited) Just wondering how many raiders are now going to need to purchase an EPIRB based on the change in legislation? Might be worth seeing if Huett can get another deal for a bulk purchase??? Edited March 31, 2009 by Bar Up Link to comment Share on other sites More sharing options...
pelican Posted April 4, 2009 Share Posted April 4, 2009 (edited) Another couple of things in the new laws I hadn't noticed before , not sure they are new - might be of interest to all those who have a hatch or are selling a boat with a hatch Any law that has teh words "reasonably"as the pretext for a fine or penalty should ring alarm bells if you encounter a officer on a bad day . Division 4 Requirements for hatches and exterior doors 90 Hatches and exterior doors—construction (1) This clause applies to recreational vessels the hull construction of which commenced on or after 1 January 1991. (2) The owner and operator of a vessel to which this clause applies must ensure that any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is capable of being opened from both the outside and the inside of the vessel. (3) A person must not supply a vessel to which this clause applies to another person knowing that the vessel will be used, or is likely to be used, for recreational purposes unless any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is capable of being opened from both the outside and the inside of the vessel. Maximum penalty: 50 penalty units. 91 Hatches and exterior doors—locking The operator of a recreational vessel that is underway must ensure that any hatch or exterior door on the vessel that can be used as a means of entering or leaving the vessel is kept unlocked if it is reasonably practicable to do so. Maximum penalty: 50 penalty units. Edited April 4, 2009 by pelican Link to comment Share on other sites More sharing options...
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