Amanda Judd

Activation Agreements Team Leader Parks Victoria

Level 10, 535 Bourke St

MELBOURNE VIC 3000

 Dear Ms. Judd


PROPOSED DECLARATION TO EXEMPT BOATING ACTIVITY
 

I refer to the application received by Parks Victoria under section 203(1) of the Marine Safety Act 2010 (Vic) (Marine Safety Act) for an exemption from the application of the Marine Safety Act, Marine Safety Regulations 2012 (Vic) and the waterway rules, for the Victorian Jet Ski Boating Association’s Time Trial calendar of events from 16 September 2018 to 7 April 2019.

I have considered the application and your proposed declaration.

 

DIRECTION UNDER SECTION 204(2) OF THE MARINE SAFETY ACT

You are directed to amend the proposed draft declaration in the manner set out in the attached document. The draft declaration requires amendment to correct wording and clarify exemption conditions.

Please note that under section 204(4) of the Marine Safety Act Parks Victoria is required to comply with this direction.

 

PUBLISHING OF DECLARATION

Section 203(6) of the Marine Safety Act requires that:

A declaration under subsection (3) must be published—

(a)on the applicable regulatory entity's Internet site; and

(b)in some other way that gives notice of the declaration to persons affected by the declaration.

I am hereby satisfied that Parks Victoria has complied with section 203(6) of the Act, provided that it:

Publishes the declaration on their Internet site; and
Ensures the Victorian Jet Ski Boating Association publishes the declaration on its internet site and distributes the declaration to all participants.

 
Maritime Safety Victoria

A branch of Transport Safety Victoria

 

PO Box 2797, Melbourne Victoria 3001 T 1800 223 022 F 03 9655 6611

E information@transportsafety.vic.gov.au transportsafety.vic.gov.au


If you have any questions in relation to this direction, please contact Cassandra Murphy on 0436 628 823 or cassandra.murphy@transportsafety.vic.gov.au.

 

Yours sincerely

 

 

GEOFFREY SWANTON

Acting Manager Waterway Safety and Compliance Delegate of the Director, Transport Safety

28/08/2018


PUBLIC NOTICE

DECLARATION OF BOATING ACTIVITY EXEMPTION

 

Parks Victoria, as the declared waterway manager for the Patterson River, upstream of the Nepean Highway Bridge to Eumemmering Creek, including the National Water Sports Centre, makes the following declaration under section 203(3) of the Marine Safety Act 2010 (Vic).
 

For the purposes of conducting the proposed events by the Victorian Jet Ski Boating Association on 16 September 2018, 21 October 2018, 25 November 2018, 3 March 2019 and 7 April 2019, person and vessels involved in these events are exempt from the following requirements:
 

State Rules made under the Marine Act 1988

Clause 3(a) – must not exceed 5 knots within 50 metres of the waters’ edge – applies to competing vessels and rescue vessels.

 
Marine Safety Regulations 2012

Regulation 96(5) – vessel must not operate unless vessel equipped with waterproof buoyant torch – applies to competing vessels.

 
Subject to the conditions detailed below:
 

The masters of competing vessels are only exempt from item 1 when competing in the event, provided they operate at a speed not exceeding 5 knots within 20 metres of the waters’ edge.
The masters of rescue vessels are only exempt from item 1 when undertaking a rescue operation to retrieve persons in distress, provide for their initial medical or other needs and deliver them to a place of safety on shore.
All participants on vessels involved with the event must wear a personal flotation device at all times during the event.
These exemptions apply between the hours of 8:30am to 4:00pm on the day of the event and only to persons and vessels registered to take part in the Victorian Jet Ski Boating Association events on the waters of the Patterson River – National Water Sports Centre, provided the stated safety controls and undertakings detailed in the application form and associated documentation are adhered to.

 

 

BY ORDER OF PARKS VICTORIA

Dated:CLARATION OF BOATING ACTIVITY EXEMPTION

 
Parks Victoria, as the declared waterway manager for the Patterson River – National Water Sports Centre makes the following declaration under section 203(3) of the Marine Safety Act 2010:

 
For the purpose of conducting the proposed events by the Victorian Jetski Boating Association on 24 September 2017, 22 October 2017, 26 November 2017 (1,000m to 2,000m area only), 11 February 2018, 25 March 2018 and 22 April 2018, competing and rescue vessels are exempt from:

Competitors vessels during the event only:

1.              Clause 3(a), to operate a vessel at a speed not exceeding 5 knots within 50m of the water’s edge; and

2.              Regulation 96(5), vessel must not operate unless vessel equipped with waterproof buoyant torch.

Rescue vessels when undertaking rescue activities only:

3.              Clause 3(a), to operate a vessel at a speed not exceeding 5 knots within 50m of the water’s edge.

EXEMPTION CONDITIONS

·         The masters of competing vessels are exempt from number 1 in the above list when competing in the event provided they operate at a speed not exceeding 5 knots within 20m of the water’s edge.

·         These exemptions apply between the hours of 8.30am to 4.00pm on the day of the event and only to persons and vessels registered to take part in the Victorian Jetski Boating Association event on the waters of the Patterson River – National Water Sports Centre provided that the risk controls and undertakings detailed in the Event Application and associated documentation are adhered to.
 

BY ORDER OF PARKS VICTORIA

Dated: