MEDIA RELEASE - Marine Safety Package - 4 June 2008

NSW Minister for Ports and Waterways, Joe Tripodi today announced major reforms to marine safety laws.

The reforms include the introduction of new penalties for dangerous behaviour and a compulsory practical component for aspiring boat skippers.

They give NSW Maritime and Water Police officers new powers to direct skippers and enforce boating safety laws.

“This is the biggest overhaul of marine safety rules and practices in a decade,” Mr Tripodi said.

“New penalties, including jail terms and fines, will apply for dangerous navigation, overloading a vessel, endangering public safety and driving while disqualified.

“NSW Maritime and Water Police officers will have new powers to enforce the law and direct boaters to act safely.

“Boat licence requirements will be strengthened by requiring practical boating experience before a licence is issued and increasing penalties for operating a vessel while disqualified.

“NSW Maritime night-time patrols will also increase, with blitzes on vessel lights.

”New powers will give NSW Maritime and Water Police the mandate to immediately suspend registration when vessels are found operating outside the law. This includes vessels operating at night with insufficient lighting.
 
“These new measures will strengthen the culture of safe boating in NSW.

“Our overall safety record is strong – in the last 15 years boat registrations in NSW have nearly doubled and licence numbers have increased by 50%, while fatal incidents have proportionally fallen.

“But any reckless behaviour on the water can be as dangerous as it is on our roads. These laws and powers will go a long way to reducing such behaviour and making sure skippers put safety first.”

NSW Maritime will renew its focus on boating education, targeting lifejackets, skipper responsibility, offshore sailing training, boating near electrical crossings and behaviour in dangerous conditions such as crossing bars.

“We continue to believe prevention is better than cure. Our education programme will continue to build awareness of the safety precautions everyone should take while enjoying our waterways.”

Other elements of the package include:

1.    The creation of new offences for operating unsafe vessels;
2.    A new system of maritime alerts to warn of dangerous conditions, covering bar crossings, rock fishing and alpine boating;
3.    A requirement for vessels to display information for passengers on life jackets, maximum passenger numbers, restrictions on alcohol and skipper responsibilities;
4.    New height and signage requirements for overhead electrical crossings; and
5.    Changes to training and safety standards for offshore sail training in NSW.

Mr Tripodi also released NSW Maritime’s formal response to Office of Transport Safety Investigations reports on the collision between the Pam Burridge and Merinda, and the collision involving the Dawn Fraser and a dinghy in Walsh Bay.

“These incidents were not the catalyst for today’s announcement but they have influenced some of the changes outlined. The responses to the OTSI reports outline measures taken as a direct response to these two incidents and ongoing work to prevent similar incidents.”

Draft legislation is being introduced to Parliament today. Regulations supporting the legislation will require stakeholder consultation prior to their commencement.

Media Contact: Carly Learson 0417 401616 or (02) 92285451
 

MARINE SAFETY MEASURES

1.    Amendments to marine safety legislation

The new marine safety legislation will provide as follows:

Increased penalties

•    Dangerous or negligent navigation - fines increased to maximum of $5,500 for recreational boats, $11,000 for commercial vessels and $110,000 for seagoing ships;
•    Operating an overloaded or unsafe vessel – penalties increased to $44,000 and can now also include up to two years imprisonment;
•    Operating an unregistered vessel – fine increased from $5500 to $8250; and
•    Operating a recreational vessel over 10 knots without a boat licence, penalties increased to up to $1650 per offence.

New offences

•    Dangerous or negligent navigation occasioning grievous bodily harm or death – fines of up to $110,000 and up to two years imprisonment;
•    Causing a danger to the public while on navigable waters punishable by fine of $5,500;
•    Creating excessive wash - $5500 fine; and
•    Operating a vessel while disqualified, fine of up to $13,750 and two years imprisonment.

New safety powers

•    The power for Maritime and Water Police officers to issue directions to any person to prevent safety breaches and protect lives and property, with non-compliance penalties of up to $3,300;
•    Power to issue defect notices and suspend vessel registrations where a vessel is unsafe, such as for defective lights;
•    Vessel operators who damage public wharves to be liable for the cost of repairs;
•    Extension of marine safety requirements, drug and alcohol testing to masters of non-commissioned Defence Force vessels; and
•    Power to require vessel operators /owners to provide names and addresses, and tighter record-keeping and logbook standards for commercial boats.

2.    Increased patrols and lighting

•    Sydney Harbour night patrols to increase, with a particular focus on vessel safety and lighting. Vessels operating after dark with broken or insufficient lights will be fined, and registration suspended or revoked for repeat offenders. Repeated operation of an unsafe vessel may lead to a gaol term.

3.    Practical component for boat licensing

•    Applicants for boat licences will be required to have either attended a practical boating course or gained on-water experience under the supervision of an experienced licence holder and recorded in a logbook issued by NSW Maritime; and
•    Practical boating courses are currently offered by private companies, sailing clubs and volunteer rescue organisations.  Existing courses will be tailored to meet boat licence requirements in consultation with providers.

4.    Marine safety alerts

•    NSW Maritime to institute a new system of marine safety alerts, advising the boating community of dangerous marine conditions and of aquatic events such as organised water ski races;
•    Alerts will be specific to regional areas and include warnings on dangerous coastal bar conditions, alpine boating and rock fishing warnings; and
•    Alerts will be posted on the Maritime website and sent to media outlets.

5.    Passenger Safety Information Notices

•    A new requirement to display a notice on each vessel providing safety information for passengers on life jackets, maximum passenger numbers, restrictions on alcohol and skipper responsibilities; and
•    Notices will be provided to the boat owners or operators free of charge, and required to be displayed in a prominent position viewable by passengers on the vessel. 

6.    Electrical crossings

•    A Code of Conduct for electricity network operators requiring:
a.    new crossings to be planned, constructed, signposted and maintained to comply with minimum safety criteria for heights and signage
b.    existing crossings to be upgraded as part of routine maintenance requirements; and
c.    A review of crossings to identify and remove those not required; and
•    An expanded education campaign to assist recreational boaters with safe boating near electrical crossings, including overhead power lines and submarine cables.


7.    Offshore sail training

•    Yachts used for the provision of commercial sailing training offshore from NSW will be required to carry a minimum of 2 instructors with commercial qualifications if the vessel is offshore for more than 12 hours or is over 12 metres in length; and
•    Offshore sail training vessels will also be required to meet new safety standards for construction and operation.

8.    Education campaigns

•    Expanded boating safety campaigns targeting lifejackets, skipper responsibility, vessel safety equipment and maintenance and skipper responsibilities relating to speed, night navigation and alcohol.

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Peter Hunter is the PWC Representative on the NSW Maritime Recreational Vessels Advisory Committee (RVAC).
 
If you have any feedback or questions he will happy to convey enquiries back to the committee meeting next Tuesday should readers need.

Peter Hunter
Canberra PWC Enthusiasts
0413585890