{"id":"F2016L01801","name":"Jervis Bay Territory Marine Safety Rules 2016","slug":"jervis-bay-territory-marine-safety-rules-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439027,"registerId":"F2016L01801-fast-fetch-1775955201525","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Jervis Bay Territory Marine Safety Rules 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nJervis Bay Territory Marine Safety Rules 2016\n\nI, Fiona Nash, Minister for Local Government and Territories, make the following rules.\n\nDated 21 November 2016\n\nFiona Nash\n\nMinister for Local Government and Territories\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Requirements relating to mandatory safety equipment\n\nDivision 1—Required safety equipment for certain recreational vessels\n\n5 Operation of this Division\n\n6 General requirement\n\n7 Alternative requirement for certain small tenders\n\n8 Alternative requirement for dragon boats\n\nDivision 2—Required standards for safety equipment\n\n9 Operation of this Division\n\n10 Anchors with a chain or line\n\n11 Bailers\n\n12 Buckets and fire buckets\n\n13 Bilge pumps\n\n14 Fire extinguishers\n\n15 Lifejackets\n\n16 Paddles and oars\n\n17 Waterproof torches\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Jervis Bay Territory Marine Safety Rules 2016.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of the instrument The day after this instrument is registered. 26 November 2016\n\n\nNote:  This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Jervis Bay Territory Marine Safety Ordinance 2016.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Ordinance, including the following:\n\n(a) appropriate lifejacket;\n\n(b) NSW waters;\n\n(c) power‑driven vessel;\n\n(d) recreational vessel;\n\n(e) sailing vessel;\n\n(f) vessel.\n\n  In this instrument:\n\ndragon boat means a paddle craft that:\n\n (a) is carvel constructed; and\n\n (b) consists of a single hull and a keel tunnel; and\n\n (c) is propelled forward by a crew of paddlers using single bladed paddles.\n\noff‑the‑beach vessel means an unballasted, sail‑only vessel (including a centreboard dinghy, skiff or multihull vessel), but does not include a vessel with a cabin or a fixed keel.\n\nOrdinance means the Jervis Bay Territory Marine Safety Ordinance 2016.\n\ntender means a vessel that:\n\n (a) is used only to transport goods or persons between the shore and its parent vessel or between its parent vessel and another vessel; and\n\n (b) does not operate further from its parent vessel than 1 nautical mile; and\n\n (c) is less than 7.5 metres in length.\n\nPart 2—Requirements relating to mandatory safety equipment\n\nDivision 1—Required safety equipment for certain recreational vessels\n\n5  Operation of this Division\n\n  For the definition of required safety equipment in subsection 66(3) of the Ordinance, this Division specifies the safety equipment that a recreational vessel is required to carry.\n\nNote: The requirement to carry safety equipment only applies to certain recreational vessels (see section 65 of the Ordinance).\n\n6  General requirement\n\n (1) Subject to subsection (2), a vessel must carry the following safety equipment:\n\n (a) a lifejacket for each person on board the vessel;\n\n (b) a sound signal (such as an airhorn, whistle or bell);\n\n (c) a waterproof torch;\n\n (d) if the vessel has an electric start motor, a gas installation, a fuel stove or a battery—one or such other greater number of fire extinguishers as is required given the potential sources of fire and the size of the vessel;\n\n (e) if the vessel has a covered bilge or a closed under‑floor compartment that is not an airtight void space—one or such other greater number of bilge pumps as is required to drain each compartment;\n\n (f) if the vessel is less than 6 metres in length and only has one independent means of propulsion—at least one paddle or a pair of oars with rowlocks;\n\n (g) if the vessel is not a sailing vessel less than 6 metres in length—an anchor with a chain or line;\n\n (h) if the vessel is not a sailing vessel with a permanently enclosed self‑draining hull or a vessel required to carry a bilge pump under paragraph (e)—a bailer, a bucket or a fire bucket.\n\n (2) Subsection (1) does not apply if the vessel is:\n\n (a) a sailing vessel that is:\n\n (i) engaged in a sail training session organised by a club, school or other similar organisation; and\n\n (ii) accompanied by a power‑driven vessel capable of being used for rescue purposes; or\n\n (b) an off‑the‑beach vessel that does not have sufficient storage room to carry the safety equipment; or\n\n (c) a row boat, dinghy or inflatable boat that is:\n\n (i) less than 3 metres in length; and\n\n (ii) not a tender; and\n\n (iii) not carrying an engine or fuel; and\n\n (iv) operating within 200 metres of the shore; and\n\n (v) operating between sunrise and sunset; and\n\n (vi) built so as to float if swamped or capsized; or\n\n (d) a vessel to which section 7 or 8 applies.\n\n (3) For paragraph (1)(f), 2 or more sails are considered to be one means of propulsion.\n\n7  Alternative requirement for certain small tenders\n\n (1) This section applies to a tender if the tender:\n\n (a) is less than 3 metres in length; and\n\n (b) is operating within 200 metres of the shore.\n\n (2) The tender must carry either:\n\n (a) the safety equipment specified in section 6 for a vessel of that kind; or\n\n (b) the following safety equipment:\n\n (i) a paddle or a pair of oars with rowlocks;\n\n (ii) a bailer, a bucket or a bilge pump;\n\n (iii) if the tender is operating between sunset and sunrise—a waterproof torch.\n\n8  Alternative requirement for dragon boats\n\n (1) This section applies to a dragon boat if:\n\n (a) the boat is built so as to float if swamped or capsized; and\n\n (b) the boat is operating within 400 metres of the shore; and\n\n (c) each person on board the boat has undergone a safety drill in respect of possible emergencies arising on the boat; and\n\n (d) the weather or water conditions are not, and are not predicted to become, unsuitable for boating; and\n\n (e) if the boat is operating in a channel—the boat is being rowed on the starboard side (bow side) of the channel and is not in the middle of the channel; and\n\n (f) if the boat is operating between sunset and sunrise—the boat is displaying appropriate lights.\n\n (2) The boat must carry either:\n\n (a) the safety equipment specified in section 6 for a vessel of that kind; or\n\n (b) the following safety equipment:\n\n (i) at least one bailer or bucket;\n\n (ii) a rope, at least 25 metres in length and 12 millimetres in diameter, that is of the type known as “silver rope” and is securely attached to the boat for towing;\n\n (iii) if the boat is operating between sunset and sunrise—flares, or a mobile telephone, in a watertight container.\n\nDivision 2—Required standards for safety equipment\n\n9  Operation of this Division\n\n  For the definition of required standards in subsection 66(3) of the Ordinance, this Division specifies the standards that safety equipment must comply with.\n\n10  Anchors with a chain or line\n\n (1) An anchor with a chain or line must be suitable for the purpose of securing the vessel on which it is carried, given the vessel’s size, weight and area of operation.\n\n (2) The anchor must be of the same standard as an anchor that the vessel would be required to carry if it were in NSW waters.\n\n (3) The chain or line must be:\n\n (a) of sufficient strength and durability for the purpose; and\n\n (b) securely attached to both the anchor and the vessel.\n\n11  Bailers\n\n (1) A bailer must:\n\n (a) be suitable for bailing water from the vessel on which it is carried; and\n\n (b) not be used for any other purpose; and\n\n (c) have a lanyard (rope) attached to it.\n\n (2) The lanyard (rope) must be:\n\n (a) securely attached to the bailer; and\n\n (b) of a length that will allow the bailer to be cast over the side of the vessel and retrieved.\n\n12  Buckets and fire buckets\n\n (1) A bucket, or fire bucket, must:\n\n (a) be suitable for both bailing water from the vessel on which it is carried and collecting water for use in case of fire; and\n\n (b) not be used for any other purpose; and\n\n (c) be manufactured from metal or a robust plastic or robust canvas (for example, a Wallaby bucket); and\n\n (d) be designed so as not to collapse, distort or lose the handle when full of water; and\n\n (e) have a lanyard (rope) attached to it.\n\n (2) The lanyard (rope) must be of a length that will allow the bucket to be cast over the side of the vessel and retrieved full of water.\n\n13  Bilge pumps\n\n (1) A bilge pump must:\n\n (a) be capable of draining each compartment of the vessel on which it is carried; and\n\n (b) have a suction pipe that is fitted with a strainer of sufficiently small mesh size to prevent choking of the pump.\n\n (2) A bilge pump may be either manual or power operated.\n\n14  Fire extinguishers\n\n  A fire extinguisher must be of the same kind and standard as a fire extinguisher that the vessel would be required to carry if it were in NSW waters.\n\n15  Lifejackets\n\n  A lifejacket must be an appropriate lifejacket for the vessel on which it is carried.\n\n16  Paddles and oars\n\n (1) A paddle must be capable of being used to row the vessel on which the paddle is carried.\n\n (2) A pair of oars must be capable of being used to row the vessel on which the oars are carried.\n\n17  Waterproof torches\n\n  A waterproof torch must be a water resistant, floating type torch that is:\n\n (a) in operational order; and\n\n (b) capable of being used to signal.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing mandatory safety equipment for recreational vessels in the Jervis Bay Territory. The scope has not expanded beyond this core function. The inclusion of specific vessel types (dragon boats, tenders, off-the-beach vessels) represents tailored application of the core safety framework rather than scope creep."},"complexity_factors":["Short instrument with only 17 sections across 2 Parts","Minimal cross-referencing—primarily references back to the parent Ordinance for definitions","Clear structure with Division 1 covering 'what to carry' and Division 2 covering 'quality standards'","Conditional logic is present but straightforward: nested exceptions in section 6(2) with 4 distinct exemption categories, plus alternative compliance paths in sections 7 and 8","Only 6 defined terms in the instrument itself (dragon boat, off-the-beach vessel, Ordinance, tender, plus 2 implicit via notes), though it references 6 additional defined terms from the parent Ordinance","Specific technical requirements are concrete rather than abstract (e.g., 'silver rope' of 25m x 12mm, 'Wallaby bucket' as canvas example)"],"plain_english_summary":"This instrument sets mandatory safety-equipment requirements for recreational vessels in the Jervis Bay Territory, tying required gear to boat type, size and how it’s used. It affects recreational boat owners and operators, with tailored rules and limited exemptions for very small craft and certain boat types. It matters because it standardizes lifesaving, fire and buoyancy measures and specifies technical standards to improve on‑water safety and compliance."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument is narrowly focused: it gives effect to the Ordinance by listing required safety equipment and the standards that equipment must meet. It does not broaden the regulatory domain beyond safety-equipment specification or introduce novel regulatory powers. Its main scope change from a generic safety duty is to convert high-level obligations in the Ordinance into specific, prescriptive equipment lists and standards (including conditional, lighter regimes for small tenders and dragon boats), but this is consistent with the Ordinance's purpose rather than a substantive expansion of scope."},"complexity_factors":["Short instrument (17 substantive rules plus preliminary provisions) but with several conditional pathways (Divisions 1 and 2).","4 new definitions introduced in the instrument (dragon boat, off-the-beach vessel, Ordinance, tender) and several key terms defined in the parent Ordinance (e.g. appropriate lifejacket, recreational vessel).","Cross-references to the Jervis Bay Territory Marine Safety Ordinance for scope, enforcement and defined terms (section 3 and notes in section 4).","External reference to NSW-equivalent standards for anchors and fire extinguishers (sections 10(2) and 14) creates indirect complexity because standards may change outside this instrument.","Multiple nested exceptions and alternative lists (section 6(2) exemptions, full alternative regimes in sections 7 and 8).","Technical, fitness-for-purpose descriptions rather than numeric specifications for many items (e.g. bailers, buckets, bilge pumps), which reduces drafting length but requires practical judgment by owners/enforcers (sections 11–13, 16–17)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Specifies the exact safety equipment recreational vessels must carry in the Jervis Bay Territory and sets the standard that that equipment must meet. (See sections 5–6 and 9–17.)\n- Creates alternative, lighter equipment lists for very small tenders (small utility boats) and for dragon boats when certain conditions are met. (See sections 7 and 8.)\n- Requires particular technical characteristics for items such as anchors, bailers, buckets, bilge pumps, fire extinguishers, lifejackets, paddles/oars and waterproof torches. Some standards are tied to the equivalent requirements used in New South Wales. (See sections 10–17.)\n\n**Who is affected**\n\n- Owners and operators of recreational vessels that fall within the scope of the Jervis Bay Territory Marine Safety Ordinance and its requirement to carry safety equipment. The instrument (together with the Ordinance) determines which recreational vessels must carry equipment. (See section 5 and the note in section 4 referring to the Ordinance definitions.)\n- Specific categories given tailored rules:\n  - Small tenders under 3 metres operating within 200 metres of shore (may carry a reduced equipment set). (Section 7.)\n  - Dragon boats meeting safety and operational conditions and operating within 400 metres of shore (may carry a reduced equipment set). (Section 8.)\n  - Exemptions apply for certain sail training sessions accompanied by a rescue-capable power vessel, off-the-beach craft with no storage, and some small boats that meet very narrow criteria. (Section 6(2).)\n\n**Why it matters (official purpose and practical effects)**\n\n- The instrument implements the Ordinance by specifying the \"required safety equipment\" and the standards that equipment must meet (the Ordinance uses these terms; this instrument supplies the detail). (Sections 5 and 9.)\n- Practical effects: boat owners/operators must carry specified items on board (lifejackets, sound signal, waterproof torch, anchor, bailer/bucket, bilge pumps, fire extinguishers, paddles/oars when single propulsion, etc.) unless an exemption or alternative list applies. (Section 6 and Divisions 1–2.)\n\n**Key mechanics and where they appear in the rules**\n\n- Mandatory baseline list: lifejacket per person, sound signal, waterproof torch, relevant fire extinguishers and bilge pumps depending on equipment and hull type, anchor (unless small sailing vessel), bailer or bucket where applicable. (Section 6(1).)\n- Exemptions and alternatives: detailed conditional exemptions in section 6(2); small tender alternative list in section 7; dragon-boat alternative list and operational conditions in section 8.\n- Equipment standards: anchors and fire extinguishers must meet the equivalent standards as if the vessel were in NSW waters (sections 10(2) and 14). Other items have ordinary-use/fitness-for-purpose descriptions (sections 11–13, 15–17).\n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Who pays: vessel owners/operators pay for purchasing, maintaining and replacing mandated equipment (lifejackets, extinguishers, anchors, torches, etc.). (Section 6 and Division 2.)\n- Behavioural effects and compliance choices: operators may change where, when or how they operate to reduce equipment costs (for example by staying within the short‑range distances that allow alternative requirements or avoiding night operations to avoid night-equipment requirements). (Sections 6, 7 and 8.)\n- Compliance burden: the instrument creates clear, itemised obligations rather than performance-only duties; that reduces uncertainty about what to buy but creates a discrete administrative cost for owners to meet and maintain specified items. (Sections 6, 10–17.)\n- Dependency on external standards: several equipment standards are defined by reference to what would be required in NSW waters (anchor and fire extinguisher standards), so changes in NSW regulation or practice can alter the effective standard here without amending this instrument. That introduces implementation risk and reliance on another jurisdiction's rules. (Sections 10(2) and 14.)\n- Concentrated benefits and suppliers: mandating physical equipment reliably increases demand for particular safety goods (lifejackets, torches, approved extinguishers), a benefit concentrated among suppliers of those goods. The instrument itself does not create supply-side controls, but it does create predictable, regulatory-driven demand. (See sections 6 and 10–17.)\n- Administrative discretion and enforcement: the rules are prescriptive on equipment; enforcement mechanisms are in the parent Ordinance (this instrument is made under that Ordinance). The instrument itself does not set penalties or enforcement processes—those remain with the Ordinance. (Section 3.)\n\n**Trade-offs and unintended consequences to watch for**\n\n- Substitution effects: operators may substitute behaviour (stay closer to shore, avoid night runs) to rely on lighter equipment lists, which changes usage patterns and could shift risk exposure geographically or temporally. (Sections 7 and 8.)\n- Small-boat practicality: the instrument recognises storage and buoyancy limitations (off‑the‑beach craft and very small tenders) and provides exemptions or alternative equipment lists; this reduces practicality costs but creates a narrow, conditional carve-out that must be clearly understood by operators. (Sections 6(2)(b)–(c), 7.)\n- Record and training requirement for dragon boats: an operational condition for the dragon-boat alternative is that each person on board has undergone a safety drill (section 8(1)(c)); that imposes an organisational responsibility on clubs or organisers.\n\n**Bottom line (who decides, who pays, what behaviour changes)**\n\n- Who decides: the Minister made these rules under the Jervis Bay Territory Marine Safety Ordinance; the instrument specifies mandatory equipment and standards while the Ordinance defines scope and enforcement. (Section 3 and section notes referring to the Ordinance.)\n- Who pays: vessel owners and operators bear the cost of complying with the equipment and standard requirements. (Sections 6 and 10–17.)\n- What changes: vessels subject to the Ordinance must carry the listed equipment or meet the alternative lists and conditions; some operators can reduce equipment burden by operating only in specified circumstances (small tenders, dragon boats, short-range operations). (Sections 6–8.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/jervis-bay-territory-marine-safety-rules-2016","history":"/api/acts/jervis-bay-territory-marine-safety-rules-2016/history","analysis":"/api/acts/jervis-bay-territory-marine-safety-rules-2016/analysis","conflicts":"/api/acts/jervis-bay-territory-marine-safety-rules-2016/conflicts","importantCases":"/api/acts/jervis-bay-territory-marine-safety-rules-2016/important-cases","documents":"/api/acts/jervis-bay-territory-marine-safety-rules-2016/documents"}}