I, Fiona Nash, Minister for Local Government and Territories, make the following rules.
Dated 21 November 2016
Fiona Nash
Minister for Local Government and Territories
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Requirements relating to mandatory safety equipment
Division 1—Required safety equipment for certain recreational vessels
5 Operation of this Division
6 General requirement
7 Alternative requirement for certain small tenders
8 Alternative requirement for dragon boats
Division 2—Required standards for safety equipment
9 Operation of this Division
10 Anchors with a chain or line
11 Bailers
12 Buckets and fire buckets
13 Bilge pumps
14 Fire extinguishers
15 Lifejackets
16 Paddles and oars
17 Waterproof torches
Part 1—Preliminary
1 Name
This instrument is the Jervis Bay Territory Marine Safety Rules 2016.
2 Commencement
(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.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of the instrument The day after this instrument is registered. 26 November 2016
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under the Jervis Bay Territory Marine Safety Ordinance 2016.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Ordinance, including the following:
(a) appropriate lifejacket;
(b) NSW waters;
(c) power‑driven vessel;
(d) recreational vessel;
(e) sailing vessel;
(f) vessel.
In this instrument:
dragon boat means a paddle craft that:
(a) is carvel constructed; and
(b) consists of a single hull and a keel tunnel; and
(c) is propelled forward by a crew of paddlers using single bladed paddles.
off‑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.
Ordinance means the Jervis Bay Territory Marine Safety Ordinance 2016.
tender means a vessel that:
(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
(b) does not operate further from its parent vessel than 1 nautical mile; and
(c) is less than 7.5 metres in length.
Part 2—Requirements relating to mandatory safety equipment
Division 1—Required safety equipment for certain recreational vessels
5 Operation of this Division
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.
Note: The requirement to carry safety equipment only applies to certain recreational vessels (see section 65 of the Ordinance).
6 General requirement
(1) Subject to subsection (2), a vessel must carry the following safety equipment:
(a) a lifejacket for each person on board the vessel;
(b) a sound signal (such as an airhorn, whistle or bell);
(c) a waterproof torch;
(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;
(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;
(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;
(g) if the vessel is not a sailing vessel less than 6 metres in length—an anchor with a chain or line;
(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.
(2) Subsection (1) does not apply if the vessel is:
(a) a sailing vessel that is:
(i) engaged in a sail training session organised by a club, school or other similar organisation; and
(ii) accompanied by a power‑driven vessel capable of being used for rescue purposes; or
(b) an off‑the‑beach vessel that does not have sufficient storage room to carry the safety equipment; or
(c) a row boat, dinghy or inflatable boat that is:
(i) less than 3 metres in length; and
(ii) not a tender; and
(iii) not carrying an engine or fuel; and
(iv) operating within 200 metres of the shore; and
(v) operating between sunrise and sunset; and
(vi) built so as to float if swamped or capsized; or
(d) a vessel to which section 7 or 8 applies.
(3) For paragraph (1)(f), 2 or more sails are considered to be one means of propulsion.
7 Alternative requirement for certain small tenders
(1) This section applies to a tender if the tender:
(a) is less than 3 metres in length; and
(b) is operating within 200 metres of the shore.
(2) The tender must carry either:
(a) the safety equipment specified in section 6 for a vessel of that kind; or
(b) the following safety equipment:
(i) a paddle or a pair of oars with rowlocks;
(ii) a bailer, a bucket or a bilge pump;
(iii) if the tender is operating between sunset and sunrise—a waterproof torch.
8 Alternative requirement for dragon boats
(1) This section applies to a dragon boat if:
(a) the boat is built so as to float if swamped or capsized; and
(b) the boat is operating within 400 metres of the shore; and
(c) each person on board the boat has undergone a safety drill in respect of possible emergencies arising on the boat; and
(d) the weather or water conditions are not, and are not predicted to become, unsuitable for boating; and
(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
(f) if the boat is operating between sunset and sunrise—the boat is displaying appropriate lights.
(2) The boat must carry either:
(a) the safety equipment specified in section 6 for a vessel of that kind; or
(b) the following safety equipment:
(i) at least one bailer or bucket;
(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;
(iii) if the boat is operating between sunset and sunrise—flares, or a mobile telephone, in a watertight container.
Division 2—Required standards for safety equipment
9 Operation of this Division
For the definition of required standards in subsection 66(3) of the Ordinance, this Division specifies the standards that safety equipment must comply with.
10 Anchors with a chain or line
(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.
(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.
(3) The chain or line must be:
(a) of sufficient strength and durability for the purpose; and
(b) securely attached to both the anchor and the vessel.
11 Bailers
(1) A bailer must:
(a) be suitable for bailing water from the vessel on which it is carried; and
(b) not be used for any other purpose; and
(c) have a lanyard (rope) attached to it.
(2) The lanyard (rope) must be:
(a) securely attached to the bailer; and
(b) of a length that will allow the bailer to be cast over the side of the vessel and retrieved.
12 Buckets and fire buckets
(1) A bucket, or fire bucket, must:
(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
(b) not be used for any other purpose; and
(c) be manufactured from metal or a robust plastic or robust canvas (for example, a Wallaby bucket); and
(d) be designed so as not to collapse, distort or lose the handle when full of water; and
(e) have a lanyard (rope) attached to it.
(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.
13 Bilge pumps
(1) A bilge pump must:
(a) be capable of draining each compartment of the vessel on which it is carried; and
(b) have a suction pipe that is fitted with a strainer of sufficiently small mesh size to prevent choking of the pump.
(2) A bilge pump may be either manual or power operated.
14 Fire extinguishers
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.
15 Lifejackets
A lifejacket must be an appropriate lifejacket for the vessel on which it is carried.
16 Paddles and oars
(1) A paddle must be capable of being used to row the vessel on which the paddle is carried.
(2) A pair of oars must be capable of being used to row the vessel on which the oars are carried.
17 Waterproof torches
A waterproof torch must be a water resistant, floating type torch that is: