{"id":"nsw:sl-2016-0740","name":"Rock Fishing Safety (Declared Areas) Order 2016","slug":"rock-fishing-safety-declared-areas-order-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"740 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177474,"registerId":"nsw-nsw:sl-2016-0740-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Rock Fishing Safety (Declared Areas) Order 2016](/view/html/inforce/current/sl-2016-0740).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 1 December 2016 and is required to be published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Declared areas—section 4(1)","content":"#### 3 Declared areas—section 4(1)\n\n3 Declared areas—section 4(1)\n\n> The areas specified in Schedule 1 are, for the purposes of section 4(1) of the [Rock Fishing Safety Act 2016](/view/html/inforce/current/act-2016-066), declared to be areas where high risk rock fishing takes place.","sortOrder":2},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Declared areas","content":"# Schedule 1 Declared areas\n\nSchedule 1 Declared areas\n\nBallina local government area\n\nBare Island\n\nCentral Coast local government area\n\nCity of Lake Macquarie local government area\n\nNorthern Beaches local government area\n\nPort Stephens local government area\n\nCity of Randwick local government area\n\nRichmond Valley local government area\n\nSutherland Shire local government area\n\nCity of Wollongong local government area\n\n**sch 1:** Am 2019 (30), cl 3; 2019 (582), cl 3; 2022 (715), sec 3.","sortOrder":3}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The order appears to have remained true to its original intent — designating specific geographic areas as declared zones for rock fishing safety. The amendments added more locations and reorganised the list alphabetically, which is a natural expansion of scope rather than a departure from the original purpose. No evidence of mission creep or substantive change in what the legislation does."},"complexity_factors":["Straightforward delegated legislation (a ministerial order made under a parent Act) with a simple, single purpose","The full Schedule 1 listing all declared areas is not reproduced in the provided text, so the practical scope cannot be fully assessed from this excerpt alone","Minor structural complexity from having multiple point-in-time versions, but no substantive legal intricacy","No cross-referencing to complex regulatory schemes, penalties, or exemptions within the text provided"],"plain_english_summary":"## Rock Fishing Safety (Declared Areas) Order 2016\n\nThis is a NSW government order that **officially designates specific locations as 'declared areas'** for rock fishing safety purposes.\n\n### What does it do?\nUnder NSW's rock fishing safety laws, the government can nominate particular coastal spots — typically dangerous rock platforms and headlands — as **declared areas**. Once a location is declared, **mandatory safety rules apply there**, most notably the requirement to wear a life jacket (personal flotation device) while rock fishing.\n\n### Who does it affect?\n**Anyone who goes rock fishing at the designated locations in NSW.** Rock fishing is one of the most dangerous recreational activities in Australia, with dozens of deaths every year from people being swept off rocks by waves.\n\n### Why does it matter?\nIf you fish at a declared area without wearing a life jacket, you can be **fined**. This order is what creates that legal obligation — it's the document that turns general safety rules into enforceable requirements at specific spots.\n\n### What's changed over time?\nThe order has been updated several times since it started in December 2016 (in 2019 and again in 2022), likely adding more locations to the list of declared areas. The most recent 2022 update also reorganised the list of locations alphabetically for clarity.\n\n### Bottom line\nIf you're going rock fishing anywhere in NSW, check whether your spot is on the declared areas list. If it is, **you must wear a life jacket** — or face a fine."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument as published (Schedule 1) has been amended by later instruments in 2019 and 2022 (notation at end of Schedule 1). Those amendments altered the list of declared areas. The Order itself (sections 2–3 and Schedule 1) remains a mechanism for declaring locations; the specific scope (which locations are declared) has changed since the original making and requires consultation of the amending instruments or a consolidated text to determine the current set of declared areas."},"complexity_factors":["Very short instrument (three operative provisions and a schedule).","Primary effect is administrative declaration rather than creation of substantive rules (section 3 and Schedule 1).","Substantive legal effects depend on cross-reference to an external statute (Rock Fishing Safety Act 2016, section 4(1)), requiring consult of that Act to understand full effects (section 3).","Schedule lists multiple geographic entities by name; precise legal boundaries may require reference to local government definitions or maps (Schedule 1).","Schedule has been amended by later instruments (2019, 2022), so consolidated effect requires checking amending instruments or a consolidated version (Schedule 1 note)."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Rock Fishing Safety (Declared Areas) Order 2016 is a statutory instrument that: (a) comes into force on 1 December 2016 and must be published in the Gazette (section 2); and (b) formally declares the locations listed in Schedule 1 to be \"areas where high risk rock fishing takes place\" for the purposes of section 4(1) of the Rock Fishing Safety Act 2016 (section 3 and Schedule 1).\n\nWho is affected\n\n- People who fish from rocks in the listed places (the specified local government areas and Bare Island) are affected because those places have been given a legal status under the Rock Fishing Safety Act 2016 (section 3; Schedule 1). \n- Public authorities or agencies that implement or enforce the Rock Fishing Safety Act will operate in those declared areas; the Order itself does not detail enforcement powers or duties (section 3).\n\nWhy it matters (official claim and what that means practically)\n\n- The Order states the purpose: to declare particular locations as places where \"high risk rock fishing takes place\" (section 3). That declaration is a legal step that enables whatever measures, duties or powers flow from section 4(1) of the Rock Fishing Safety Act 2016. The Order does not itself set safety rules, penalties, fees, or compliance steps — it changes the legal status of the locations so the Act can apply there (section 3).\n\nPractical effects, incentives, costs and implementation points (source-grounded)\n\n- Triggering of Act-based measures: By declaring areas under section 4(1) of the Act, the Order makes those locations the places where the Act’s section 4(1) consequences apply. The Order does not describe those consequences; to know the precise duties, costs or restrictions that follow you must read section 4(1) of the Rock Fishing Safety Act 2016 (section 3).\n\n- Who pays: The Order does not allocate costs or fees. Any direct costs (for example, to install signs, provide rescue equipment, run enforcement, or to comply with duties imposed by the Act) would arise under the Rock Fishing Safety Act or from administrative decisions made under it, not from the Order itself (section 3).\n\n- Behavioural effect on individuals: The immediate legal effect is to change the statutory status of the listed locations. That status may alter the set of legal obligations or safety measures that rock fishers must follow in those places; the Order does not specify behavioural rules itself (section 3).\n\n- Compliance burden and discretion: The Order is short and administrative in nature — it specifies places by name (Schedule 1). It gives no operational details about how compliance is to be checked or enforced. Those operational matters are left to the Rock Fishing Safety Act and to the agencies responsible for administering that Act (section 3; Schedule 1).\n\n- Effects on businesses and markets: The Order contains no provisions that directly regulate businesses, prices, ownership, contracts, or competition. Any indirect effects on local businesses (for example, tour operators or fishing-related suppliers) would come from downstream measures made under the Act that apply once an area is declared (section 3; Schedule 1).\n\nOther administrative details and subsequent changes\n\n- The Order must be published in the Gazette and commenced on the stated date (section 2). Schedule 1 lists the declared areas by local government area names and Bare Island.\n- Schedule 1 has been amended by later instruments in 2019 and 2022 (notation at end of Schedule 1), which indicates the set of declared areas has been changed since the Order’s original making. The Order as presented does not describe the precise amendments; to see what changed you must inspect the amending instruments or the consolidated Schedule (Schedule 1 note).\n\nSummary statement\n\nMechanically, this Order designates specific locations as \"high risk rock fishing\" areas so that the Rock Fishing Safety Act 2016 (section 4(1)) can apply to those places (section 3). It sets a commencement date and publication requirement (section 2). The Order itself does not create operational safety rules, allocate costs, or describe enforcement; those follow from the Act once an area is declared (section 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: declaring specific geographic areas where the life jacket mandate applies. The amendments noted in the schedule (2019 and 2022) appear to add or modify the listed areas rather than expand the Order's substantive scope or legal effect."},"complexity_factors":["Extremely short instrument (under 300 words)","Only 3 operative sections plus a schedule","No defined terms section","No conditional logic or nested exceptions","Single cross-reference to parent Act (section 4(1))","Schedule 1 operates as a simple list of 10 geographic areas"],"plain_english_summary":"This law designates specific coastal areas in New South Wales where rock fishing is considered especially dangerous. If you go rock fishing in these spots, you must wear a life jacket or you could be fined. The listed areas include places like Bare Island, the Central Coast, Wollongong, and several other local council areas known for hazardous rock fishing conditions."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/rock-fishing-safety-declared-areas-order-2016","history":"/api/acts/rock-fishing-safety-declared-areas-order-2016/history","analysis":"/api/acts/rock-fishing-safety-declared-areas-order-2016/analysis","conflicts":"/api/acts/rock-fishing-safety-declared-areas-order-2016/conflicts","importantCases":"/api/acts/rock-fishing-safety-declared-areas-order-2016/important-cases","documents":"/api/acts/rock-fishing-safety-declared-areas-order-2016/documents"}}