Explanatory Statement

Jervis Bay Territory Marine Safety Rules 2016

Overview and Background

The purpose of the Jervis Bay Territory Marine Safety Rules 2016 (the Rule) is to supplement the legislative framework for marine safety in the Jervis Bay Territory (JBT), which is set out in the Jervis Bay Territory Marine Safety Ordinance 2016 (the Ordinance). 

The Jervis Bay Territory Acceptance Act 1915 (the Acceptance Act) provides for the acceptance of the JBT by the Commonwealth and establishes arrangements for the governance of the JBT. 

Subsection 4F(1) of the Acceptance Act provides that the Governor-General may make Ordinances for the peace, order and good government of the JBT.

Section 118 of the Ordinance empowers the responsible Minister to make rules under the Ordinance. 

The Rule sets out minimum standards for safety equipment on vessels used in JBT waters.  The required safety equipment, and standards of that safety equipment are based on the requirements in the adjacent NSW waters. 

JBT waters are also the waters of the Booderee National Park, and are Aboriginal owned waters.  JBT waters contain environmentally sensitive sites, and are used by recreational vessel operators, tour boats and divers. 

Statement of Compatibility with Human Rights

The Rule has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

This Rule is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

Consultation

In preparing the Ordinance and the Rule, the Department of Infrastructure and Regional Development consulted with agencies and individuals (including land/water owners), who are involved in marine operations in JBT waters.  The Rule consultation process involved two rounds of consultation on the draft legislation, as well as correspondence with agencies on comments raised on each draft. 

Agencies consulted were:

·         Department of Defence (Navy – HMAS Creswell)

·         Director of National Parks (Booderee National Park)

·         Australian Maritime Safety Authority

·         Australian Federal Police

·         Transport for NSW (Road and Maritime Services)

·         Department of the Environment and Energy (Australian Antarctic Division)

·         Wreck Bay Aboriginal Community Council

·         Marine Rescue NSW.

Holders of permits to operate commercial boat services (either for diving or tour purposes) in Booderee National Park (which includes all JBT waters) also participated in the consultation process. 

No issues were raised in the consultation process.

Best Practice Regulation Requirements

The proposal for making the Rule was submitted to the Office of Best Practice Regulation (OBPR), which considered that no formal Regulation Impact Statement was required.  OBPR’s identification number for this matter is 17333.

Detailed description of the Rule

Part 1 – Preliminary

Section 1 – Name

This is the formal section titling the Rule. 

Section 2 – Commencement

The date for commencement is the day after the Rule is registered on the Federal Register of Legislation. 

Section 3 – Authority

This section identifies the authority on, which the Rule is based.  The Rule is made under the authority of the Jervis Bay Territory Marine Safety Ordinance 2016. 

Section 4 – Definitions

This section defines terms used in the Rule, including dragon boat, off-the-beach vessel, and tender. 

Part 2 – Requirements relating to mandatory safety equipment

Division 1 – Required safety equipment for certain recreational vessels

Section 5 – Operation of this Division

This section explains that this Division of the Rule specifies the safety equipment, which the Ordinance requires some vessels in JBT waters to carry. 

Section 6 – General requirement

This section sets out the safety equipment, which some vessels in JBT waters must carry. These include lifejackets, a sound signal, a waterproof torch, fire extinguishers, and a bilge pump. 

These requirements for safety equipment will not apply if the vessel is a sailing vessel involved in sail training, which is accompanied by a power-driven vessel, an off-the-beach vessel, which does not have room to carry safety equipment, or a small rowboat, dinghy or inflatable boat, which is operated in certain conditions. 

Section 7 – Alternative requirement for certain small tenders

This section sets out the safety equipment required to be carried by small tenders.  If a tender is less than three metres long, and is operating within 200 metres of the shore, the tender must carry either the safety equipment specified in section 6, or a paddle or pair of oars with rowlocks, a bailer, bucket or bilge pump, and, if the tender is operating between sunset and sunrise, a waterproof torch. 

Section 8 – Alternative requirement for dragon boats

This section sets out the safety equipment required to be carried by dragon boats and prescribes reduced equipment, which may be carried in certain conditions.  These conditions include if the dragon boat is:

·         built to float if swamped or capsized;

·         operating within 400m of the shore;

·         being rowed on the starboard side of a channel, if operating in a channel;

·         displaying appropriate lights if operated at night;

·         weather or water conditions are suitable for boating; and

·         each person on board has undergone a safety drill. 

In these circumstances, the dragon boat must carry either the safety equipment specified in section 6 above, or at least one bailer or bucket, a rope suitable for towing, and if the boat is operating at night, flares or a mobile telephone. 

Division 2 – Required standards for safety equipment

Section 9 – Operation of this Division

This section explains that this Division of the Rule specifies the standards, which required equipment must comply with.  These standards are based on the standard of equipment required in the adjoining NSW waters. 

Section 10 – Anchors with a chain or line

Anchors with a chain or line must be suitable for securing the vessel on, which they are carried, and of the same standard as the vessel would be required to carry if it were in NSW waters.  The chain or line must be sufficiently durable and securely fastened to both the anchor and the vessel.

Section 11 – Bailers

A bailer must be suitable for bailing water out of the vessel, must not be used for any other purpose, and must have a rope securely attached to it.  The rope must be long enough to be cast over the side of the vessel and retrieved. 

Section 12 – Buckets and fire buckets

Buckets and fire buckets must be suitable for both bailing water and for collecting water in case of a fire, must not be used for any other purpose, must be manufactured from metal, robust plastic or robust canvas, and have a rope attached, which will allow the bucket to be cast over the side of the vessel and retrieved full of water. 

Section 13 – Bilge pumps

Bilge pumps may be manual or power operated, must be capable of draining each compartment of the vessel, and must have a suction pipe fitted with a strainer. 

Section 14 – Fire extinguishers

Fire extinguishers carried on vessels in JBT waters must be the same kind and standard as those required to be carried in NSW waters. 

Section 15 – Lifejackets

This section requires that a lifejacket be an appropriate lifejacket for the vessel on, which it is carried.  More detail about the different types of lifejacket required to be worn on different vessels is contained in the Jervis Bay Territory Marine Safety Ordinance 2016 in Part 8 Division 2. 

Section 16 – Paddles and oars

Paddles and oars must be capable of being used to row the vessel on, which they are carried. 

Section 17 – Waterproof torches

This section states that a waterproof torch must be water resistant, capable of floating, in working order and capable of being used to signal.