Maritime Survey

 NSW MARITIME INVITE YOU TO HAVE YOUR SAY ON LIFEJACKET REFORM

This could be the most controversial survey Maritime has conducted if it gets a good valid response. So take the time to answer for all those in you family group ie multiple times who hold a boating licence.

NSW Maritime have invited the community to have its say on two options to simplify and expand lifejacket requirements on NSW waterways, as part of the draft Maritime Safety Plan 2026.

Minister for Transport and Roads Andrew Constance said more than seven out of 10 people presumed drowned in recreational boating incidents, over the 10 years to 2019–20, were not wearing a lifejacket.

“Lifejackets are without a doubt the most important piece of safety equipment for survival in boating incidents where people are forced into the water,” Mr Constance said.

“We want to hear from NSW boaters on the two new lifejacket options that have been developed, because we need to make the law easier for people to understand and save more lives on our waterways.

“The draft Maritime Safety Plan 2026 will outline the NSW Government’s plans for maritime safety over the next five years, and support our goal of zero boating fatalities and serious injuries by 2056.”

The first option would require mandatory wearing of lifejackets by adults on vessels less than six metres when underway, and at all times for vessels less than six metres when boating alone, on alpine waters or between sunset and sunrise.

The second option would require the mandatory wearing of lifejackets by adults on vessels less than six metres in enclosed waters when underway, on all vessels in open waters in the open area of the vessel when underway, and at all times when boating alone, on alpine waters or between sunset and sunrise.

Under both options, children under the age of 12 will be required to wear a lifejacket at all times on a vessel less than six metres in enclosed and open waters, and in the open area of a vessel greater than six metres that is underway in enclosed and open waters.

Centre for Maritime Safety Chief Bernard Carlon said the draft plan builds upon the achievements of the previous Maritime Safety Plan 2021, and incorporates the Safe System approach, which focuses on safe people, safe vessels and safe waterways.

“Each year, more than two million people explore our beautiful NSW waterways by boat and other watercraft, and we want to ensure they can continue to enjoy this popular activity in the safest possible way,” Mr Carlon said.

“The proposed changes to lifejacket rules are designed to be simpler and easier to understand for NSW boaters, with the goal of driving increased wearing of lifejackets to save lives.

“Both options being proposed will save lives on NSW waterways and support our ultimate goal – to get to zero fatalities on NSW waterways by 2056.”

To have your say on the draft Maritime Safety Plan 2026 and the proposed lifejacket reform options, visit haveyoursay.nsw.gov.au/maritime-safety by 24 September.

 Fishing & Boating in Lock-Down

On the 17 August NSW Marine area Command made the following statements on their web site

All New South Wales including Greater Sydney:

Recreational boating and fishing is allowed BUT....

• You must remain in your LGA or, if you need to go outside of your LGA, up to 5km from your residence.
• Coastal Waters are included in the adjacent LGA or to anyone living within 5km. Police will treat coastal waters out to 3 nautical miles.
• A person cannot travel along a water system outside of their LGA or further than 5km from their residence to reach coastal waters
• A person may be on that main body of water but cannot travel through or past other LGAs to reach other rivers, estuary’s or open sea.
• You must always be within your LGA area, 5km from your residence or if applicable coastal waters connected to your LGA.

In Declared Areas – ie Sydney LGA

• You must always be within your LGA area, 5km from your residence or if applicable coastal waters connected to your LGA.
• In a Declared Areas “recreation” is no longer a reasonable excuse to be away from your residence.
• General boating is considered “recreation” and is NOT allowed
• Fishing from a vessel or on land is permitted as it is considered “exercise” and therefore allowed.
• Sailing, jet skiing, water skiing or other physical activities would be considered “exercise” and is allowed
• You must always wear a mask when outdoors.

The instructions are clear in most cases but try to understand what “General boating” is compared to “Sailing” and or “jet skiing”

Within the Eurobodalla it is very simply: STAY AT HOME except if you are going fishing within 3 nm in Coastal Waters (See below) BUT take your recreational fishing Licence, a rod and a reel. On a sailing boat (ie one which is underway via wind power but not motor assisted then you are OK. So dont motor across the bar except if you have your fishing licence and a hook attached to some line – fishing tackle.

Dont go outside the LGA and dont try to go out to sea past the Coastal Waters limits during this lock-down.

Now lets look at rules and regulations regarding the “high sea” etc

The Public Health Act which is the one the NSW Government is using to try to stop the COVID virus until 20 August 2021 only applied to the land and not to the sea – below the relevant water marks high or low. So you did not need to comply but last week they introduced a significant changes.

Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 under the Public Health Act 2010

They added:

1.5 For the purposes of this Order, the coastal waters of the State are taken to form part of the local government area to which the particular waters are closest.

Now there are various references to Coastal Waters in the Acts and regulations but it is generally known as: Coastal Waters is a belt of water between the limits of the Australian States and the Northern Territory and a line 3 nm seaward of the territorial sea baseline. Jurisdiction over the water column and the seabed is vested in the adjacent State or Territory as if the area formed part of that State or Territory. This was introduced to cover gas and oil rights on the northern states.

Just to give you some reference to know where you “stand”.

Territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most 12 nautical miles (22 km; 14 mi) from the baseline (usually the mean low-water mark) of a coastal state. The territorial sea (includes its seabed and subsoil, and to the air space above it) is regarded as the sovereign territory of the state.

An Exclusive Economic Zone (those with a commercial Master ticket will know this) extends from the baseline to a maximum of 200 nautical miles from the land. A nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources.

Why was this regulation required? Because the Coastal Waters (State Powers) Act 1980. states “coastal waters of the State” means, in relation to each State

(a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State,…

Now this Act does not cover the restrictions imposed by the COVID regulations but only fishing, sea-bed and other things.

However this Act does not cover COVID movement restriction but only fisheries and the sea-bed so the Authorities needed to add the section 1.5 referred to above.

What happens when you travel outside the Coaster waters zone after lock down is any-ones guess.

We will leave the issue of "open waters" and "enclosed waters" for another time. - ie what safety equipment is required and where this is defined. See a previous FB post of the Association if you ever get fines for non-compliance.

Final word: Stay at Home until the numbers drop.

COVID-19 testing at Hanging Rock Boat Ramp

 Southern NSW Local Health District will close the Hanging Rock Boat Ramp from 8am-4pm Saturday and Sunday to undertake COVID-19 testing at a pop up clinic.

From past experience cars with boat trailers will be denied access to the boat ramp and forced to wait in line to reach security who then turn them back. (Reported on social media)

What is going on?

A spokesperson from the Council state "we can not use an oval because they are being used this week end? We control that area so we chose it"

Why is the Hanging Rock boat ramp been used? Maybe fishing and boating is not considered recreation or is it just the attitude of this individual to marine infrastructure?

The one good news will be the public will see the very poor public toilet facility at this location. The door does not lock, the glass window is broken and the seat is damaged. So if you want to use this facility and be tested please bring your own portaloo because you would not want to use the one provided to boaters and fishers.

Communication from Council:

I also confirm that:

- the Hanging Rock site is the only suitable site in the Bay for an operation of this scale

- there are no plans to open a testing clinic at Apex Park Narooma or other boat ramp areas as Health NSW are working with us to identify other suitable sites in other main towns, should those be required.

"We ask that fisher people (sic) work with the remainder of the community throughout this pandemic"

If you have symptoms, have come from a COVID lockdown area then get tested but respect the people around you and be careful of vehicles and trailers.

Aids to Navigation and Lights

 Aids to Navigation and Lights are a vital safety features of our waterways

Light houses and sector lights have played a significant role in highlighting dangers and guiding seafarers out of harms way but their significance has been reduced with a resident lighthouse keeper being almost a thing of the past. However the lights shining in the darkness will remain for the foreseeable future a guide to a safe passage past dangerous pitfalls.

Navigation aids such as cardinal marks, isolated danger marks, port and starboard channel marks have an uncertain future especially with the widespread introduction and acceptance of the AIS (automatic identification system) technology and modern digital charts.

Even today Australia has virtual AIS cardinal marks which do not exist in our real world and only appear on AIS and Radar systems and as virtual buoys on our charts. Yes, there are Cardinal Marks indicating dangers in a position and safe passage opposite. They have distinctive black top marks and at night, the south mark flashes a quick white light 6 times followed by a long flash every 10 seconds such as the South Cardinal Mark off Acheron Reef here in Batemans Bay.

But what of virtual South Cardinal Marks? Do they exist and do they flash at night. No, you will not see one from your boat – day or night. They only show on your AIS system or chart plotter. Just take a look on your system such as Navionics at the Five Islands group off the outer harbour of Part Kembla and you will see two virtual cardinal marks. How do you know? They have a pink circle around them and are transmitted from a shore station. I can tell you they don't flash a light at night neither do you need to worry about crashing into then in the day or night.

So what of aids to navigation in the Clyde River channel here at Batemans Bay.

We all know the red channel mark at the end of the rock-wall which guides us past that danger as we enter the bay river at night. The next red beacon (a pole with light) is along the rock-wall at the entrance to the regional boat ramp at Hanging Rock and opposite it at the channels edge is a green starboard buoy.

Further upstream is the next red channel mark at the entrance to the marina and there on the opposite wall is an equivalent green mark indicating a safe entrance to this facility.

Why is there no similar green mark at the entrance to the regional boat ramp you may well ask? Well it takes time to motivate the powers that be to place this vital safety feature in position. In 2015 the Association requested this light and the two Cardinal Mark at Acherton Reef. Only after a vessel was damaged while traversing the area did we get some action and the cardinal marks were placed but the entrance light was never placed on the to-do list.

Good news the Euro Fishing & Boating Network has, as one of its important short term goals, to reactivate this safety issue and the Association has been informed that both the local Boating Safety Officer and the Regional Operations Manager have committed to push this issue along as fast as they are able. That is very good news along with the acceptance that this network is able to raise and have safety issues considered.

We look forward to the same communication taking place between the Council, MIDO and Transport for NSW.