Version No. 002
Marine Regulations 2009
S.R. No. 180/2009
Version incorporating amendments as at 18 May 2010
While I have tried to retrieve the main components of this ACT relating to kayaks, it does not include every single regulation and as these regulations are only being shown in part, care should be taken not to take the regulations out of context. If in doubt please go directly to the Marine Regulations 2009 http://www.legislation.vic.gov.au/Domin ... 0sr002.pdf to read the regulations in whole and not part. You will also find that the Marine Regulations 2009 are not necessarily a complete list of regulations pertaining to kayaking, as there are many other ACT’s that also have regulations pertaining to kayaks.
ELM wrote:Your point are quite valid about these Act's being written for layers and that the "handbooks" in most cases is all we need. However it is also good (if you can understand it) to know the rest and what impact it does or could have. Remember these Act's are written by politicians and lawyers and may not actually be safe or no longer (due to changes in technology) be valid, as users of these craft we have an opportunity to step forward and advise them and possibly have the regulations changed to better regulate. Now if you are to do that, it's best to spend some time looking into it and then when they are up for review (in this case no longer valid 21 December 2012, only two years away , so up for review mid 2012) you are ready for it. As long as your requests valid and not stupid, they will take notice, and I know I would rather have a chance to self regulate the sport than leave it just to them.
While everyone thinks it's all to hard to read, it is actually in their best interests to take the time to read it and comment on it.
[Example]
Take the amount of people you can carry on your kayak. The regs state if your kayak has molded cockpits then you can only carry the same amount of people as molded cockpits.
How many of us take the kids out & how many of them have a single molded cockpit?
My AI with the tramps etc on (a Grey point what class vessel it is, but basically still a kayak) only has one cockpit but a weight rating of 360 Kg, legally I am still not allowed a passenger but the weight classification and rating will still allow for a second person.
A Pa you will get away with carrying a kid because it does not have a molded cockpit, an outback, No because it has a molded cockpit, yet it's weight rating combined with your own weight may actually allow for it.
Then there is the diving reg and the allowance of "NO" PFD if you are wearing a 3 mm or thicker neoprene wetsuit. If there is a clause that states a 3 mm wet-suit is actually safe enough and buoyant enough to not allow the wearing of PFD's, "could" a better designed neoprene wetsuit actually see us not have to wear a PFD because the suit we are wearing for thermal protection in the first place, be sufficient. Think about it!!!
Like I said, we actually have a chance to have a say and some input into the regs rather than just sit back and criticize them and just have to accept what they think is right.
Note under: PART 1—PRELIMINARY
100 Objectives
Section; (ga) to provide for the expiry of these Regulations
on 21 December 2012;
Section; 104 Definitions
In these Regulations—
Act means Marine Act 1988;
open area in the case of—
(b) a recreational vessel (other than a kayak or canoe)—
(i) that has a deck, means all deck areas including coach roofs, superstructures, open flying bridges, trampolines and nets, but
(c) a kayak or canoe, means the whole vessel;
personal flotation device means a PFD Type 1, a
PFD Type 2 or a PFD Type 3;
PFD Type 1 means a personal flotation device of a type described in Part 2 of Schedule 2;
PFD Type 2 means a personal flotation device of a type described in Part 3 of Schedule 2;
PFD Type 3 means a personal flotation device of a type described in Part 4 of Schedule 2;
http://www.vyak.net/forum/viewtopic.php?f=8&t=3121
PART 2—VESSEL OPERATION, CONSTRUCTION AND
EQUIPMENT
200 Power to prohibit operation of vessel
For the purposes of section 14 of the Act, the Director or a member of the police force may, in writing, direct that a particular vessel must not be operated on State waters if the Director or the member of the police force considers that—
(a) the vessel is loaded with persons, cargo and equipment or other items that will make or are likely to make the vessel unstable; or
(g) the vessel is generally unseaworthy.
204 International regulations for preventing collisions at
Sea
(1) The master of a vessel must observe the
Prevention of Collisions Convention when operating a vessel on State waters.
Note
Under section 58(2) of the Act, a person who contravenes subregulation (1) is liable to a penalty of 100 penalty units or imprisonment for two years or both if the person is a natural person, or 200 penalty units if the person is a body corporate.
(2) For the purposes of subregulation (1), Annex I, Annex II and Annex III of the Prevention of Collisions Convention do not apply to vessels on inland waters.
Note
The Prevention of Collisions Convention is defined in section 53 of the Act and set out in Schedule 1 of the Act.
206 Vessel not to operate unless provided with certain
type of EPIRB
(1) A person must not operate a vessel on coastal
waters more than 2 nautical miles from the shore
unless the vessel is provided with an emergency
position-indicating radio beacon (EPIRB)—
(a) that has an operational frequency of 406 MHz; and
(b) that complies with Australian and New Zealand Standard AS/NZS 4280.1 "406 MHz satellite distress beacons—Part 1: Marine emergency position-indicating radio beacons (EPIRB) (IEC 61097-2:2002, MOD)"; and
(c) that is registered with the Australian Maritime Safety Authority (AMSA) with upto- date information and has affixed to it a proof-of-registration sticker from AMSA.
Penalty: 5 penalty units.
(2) A person operating a vessel on coastal waters more than 2 nautical miles from the shore must carry proof issued by AMSA that the vessel is provided with an EPIRB of the type described is subregulation (1).
Penalty: 5 penalty units.
Division 4—Recreational vessels
226 Construction of recreational vessels
A person who constructs a recreational vessel must do so in accordance with the requirements of Schedule 3.
Penalty: 5 penalty units.
227 Operation of recreational vessels
A person must not operate a recreational vessel on State waters unless it is constructed in accordance
with Schedule 3.
Penalty: 5 penalty units.
228 Safety equipment required for recreational vessels
(1) A person must not operate a recreational vessel of a class specified in Column 2 of Table A in Schedule 4 in coastal waters unless the vessel is equipped with the items of equipment listed in Column 3 for that vessel in the quantity specified opposite in Column 4.
Penalty: 5 penalty units.
(2) A person must not operate a recreational vessel of a class specified in Column 2 of Table A in Schedule 4 in enclosed waters unless the vessel is equipped with the items of equipment listed in Column 3 for that vessel in the quantity specified
opposite in Column 5.
Penalty: 5 penalty units.
(3) A person must not operate a recreational vessel of a class specified in Column 2 of Table A in Schedule 4 in inland waters unless the vessel is equipped with the items of equipment listed in Column 3 for that vessel in the quantity specified opposite in Column 6.
Penalty: 5 penalty units.
(4) For the purposes of subregulations (1), (2) and (3), if the requirements relating to an item of equipment specified in Column 4, 5 or 6, respectively, in Table A in Schedule 4 are expressed to be subject to a condition, the recreational vessel is required to be equipped with that item of equipment only if the condition applies to the vessel.
Examples
(1) For mechanically powered recreational vessels, the requirements relating to a bailer are expressed in Columns 4, 5 and 6 as "1—if no electric or manual bilge pumping system". This means that such vessels are required to be equipped with a bailer only if the vessel does not have an electric or manual bilge pumping system.
(2) For any class of recreational vessels that is to be operated on coastal waters, the requirements relating to a compass are expressed in Column 4 as "1—if more than 2 nautical miles from the coast". This means that such vessels are required to be equipped with a compass only if the vessel operates more than 2 nautical miles from the coast.
(5) A person must not operate a recreational vessel unless each item of equipment that is required to be carried on board the vessel under subregulation (1), (2) or (3) complies with any requirements specified in Table B in Schedule 4 for that item of equipment.
Penalty: 5 penalty units.
229 Fire fighting equipment required for recreational
Vessels
(1) This regulation applies to a person who operates a recreational vessel that carries fuel on board, or that is equipped with an electric start motor, gas installation or fuel stove.
(2) Subject to subregulation (5), the person must ensure that—
(a) the vessel is equipped with the number of portable fire extinguishers specified in Column 2 of Table C in Schedule 4 for the size of the vessel specified opposite in Column 1;
and
(b) each of those portable fire extinguishers is of the minimum nominal capacity specified in Column 2 of Table D in Schedule 4 for the volume of flammable or combustible liquids that is able to be carried on the vessel specified opposite in Column 1.
Penalty: 5 penalty units.
(3) Subject to subregulation (4), the person must ensure that one of the portable fire extinguishers required to be carried on the vessel under subregulation (2) is positioned, and readily available, adjacent to the engine and fuel carrying spaces of the vessel.
Penalty: 5 penalty units.
(4) Subregulation (3) does not apply if a fixed fire extinguishing system is fitted to the enclosed engine compartment of the vessel and the capacity of the system is the same or greater than the minimum nominal capacity of a portable fire extinguisher required under subregulation (2).
(5) For the purposes of subregulation (2), a fixed fire extinguishing system referred to in subregulation (4) is taken to be a portable fire extinguisher.
(6) If cooking facilities are located within an enclosed space on the vessel, the person must ensure that a fire blanket is positioned in a conspicuous location and that it is readily accessible to a person using the cooking facilities.
Penalty: 5 penalty units.
(7) In this regulation—
fire blanket means a fire blanket that complies
with AS/NZS 3504 "Fire blankets";
fixed fire extinguishing system means a fixed fire extinguishing system that complies with International Standard ISO 9094 "Small craft—Fire protection".
230 Maintenance and placement of safety equipment
and fire extinguishers
(1) A person must not operate a recreational vessel unless all lifesaving equipment, fire extinguishers and other safety equipment required to be carried on board the vessel under regulations 228 and 229—
(a) are placed or located in a conspicuous and readily accessible position at all times; and
(b) are kept in good order at all times; and
(c) are maintained or serviced in a way that ensures that they are able to operate at all times in the way that they were designed to operate; and
(d) are serviced on or before the date specified by the manufacturer for that item of equipment.
Penalty: 5 penalty units.
(2) If more than one fire extinguisher of the same type is required under regulation 229 to be carried on board a recreational vessel, a person must not operate the vessel unless each fire extinguisher of that type is located in a separate position on the vessel.
Penalty: 5 penalty units.
231 PFD to be worn on certain recreational vessels at all
times by person on open area
(1) A person who is on an open area of a recreational vessel of a type listed in Column 2 of Table A in Schedule 5 must wear a personal flotation device—
(a) of a type specified in Column 3 of the Table opposite that type of vessel at all times when the vessel is underway on coastal waters; and
(b) of a type specified in Column 4 of the Table opposite that type of vessel at all times when the vessel is underway on enclosed waters;
and
(c) of a type specified in Column 5 of the Table opposite that type of vessel at all times when the vessel is underway on inland waters.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to a person who is operating a kiteboard or sailboard if—
(a) the person is no more than 400 metres from the shore; and
(b) the person is wearing a wetsuit that is at least 3 millimetres thick.
kayak divers note;
(3) Subregulation (1) does not apply to a person who—
(a) is engaged in diving from a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots;
or
(b) is in the process of donning or removing diving equipment on board a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots.
232 PFD to be worn on certain recreational vessels
during time of heightened risk
(1) A person who is on an open area of a recreational vessel of a type listed in Column 2 of Table B in Schedule 5 must, during a time of heightened risk wear a personal flotation device—
(a) of a type specified in Column 3 of the Table
opposite that type of vessel when the vessel
is underway on coastal waters;
and
(b) of a type specified in Column 4 of the Table opposite that type of vessel when the vessel is underway on enclosed waters;
and
(c) of a type specified in Column 5 of the Table opposite that type of vessel when the vessel is underway on inland waters.
Penalty: 5 penalty units.
(2) In this regulation time of heightened risk
means—
(a) when the vessel is crossing or attempting to cross an ocean bar or operating within a designated hazardous area;
(b) or
(b) when the vessel is being operated by a person who is alone;
or
(c) when the vessel is being operated during the period commencing one hour after sunset and ending one hour before sunrise;
or
(c) when the vessel is being operated during a period of restricted visibility;
or
(e) when there is a significant likelihood that—
(i) the vessel may capsize or be swamped by waves; or
(ii) the occupants of the vessel may fall overboard or be forced to enter the water;
or
(f) when the vessel is operating in an area where—
(i) a gale warning;
or
(ii) a storm warning;
or
(iii) a severe thunderstorm warning;
or
(iv) a severe weather warning— issued by the Bureau of Meteorology, is
current;
or
(g) if the vessel is a yacht and no safety barriers, lifelines, rails, safety harnesses or jacklines are in use.
(3) Subregulation (1) does not apply to a person—
(a) who is engaged in diving from a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than 5 knots;
or
(b) who is in the process of donning or removing diving equipment on board a recreational vessel that is displaying a dive flag and that is not moving at a speed greater than
5 knots— if the vessel is crossing or attempting to cross an ocean bar, operating within a designated hazardous area or being operated during the period commencing one hour after sunset and ending one hour before sunrise.
233 Children under 10 to wear PFD at all times
Despite regulations 234 and 235, the operator of a recreational vessel of a type listed in Column 2 of Table A or Table B in Schedule 5 must ensure that every person aged less than 10 years old who is on an open area of the vessel wears, at all times, a personal flotation device that is—
(a) of a type specified in Column 3 of those Tables opposite that type of vessel when the vessel is underway on coastal waters; and
(b) of a type specified in Column 4 of those Tables opposite that type of vessel when the vessel is underway on enclosed waters; and
(c) of a type specified in Column 5 of those Tables opposite that type of vessel when the vessel is underway on inland waters.
Penalty: 5 penalty units.
234 Person being towed by recreational vessel to wear
PFD
(1) A person who is being towed by a recreational vessel must, at all times, wear a personal flotation device.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to a person on board a vessel that is being towed by another vessel.
235 Person not to operate recreational vessel until each
person wears a PFD
(1) The person operating a recreational vessel must not allow the vessel to start a voyage until each person on board complies—
(a) with regulation 231 or 233 (as the case may be);
or
(b) with regulation 232, if a time of heightened risk exists.
Penalty: 5 penalty units.
(2) If a time of heightened risk arises while the vessel is underway, the person operating the vessel must take all reasonable steps to ensure that each person on board complies with regulation 232.
Penalty: 5 penalty units.
(3) The person operating a recreational vessel must not allow the vessel to start towing a person unless the person is wearing a personal flotation device.
Penalty: 5 penalty units.
(4) In this regulation, time of heightened risk has the same meaning as it has in regulation 232(2).
236 Exemption from safety equipment requirements
(1) The Director may, by notice published in the Government Gazette, exempt any person or any class of perso]ns in respect of any vessel or any class of vessels from the requirements of regulation 228, 229, 230, 231, 232, 233, 234 or 235.
(2) The Director may impose conditions on an exemption relating to all or any of the following—
(a) specifying the type of vessel to which the exemption applies;
(b) specifying the activity that the vessel is engaged in;
(c) requiring the occupants of the vessel to wear particular equipment or devices;
(d) requiring the vessel to be used for particular purposes;
(e) specifying the length of the vessel;
(f) specifying the items of equipment to which the exemption applies;
(g) specifying items of equipment that must be carried on board the vessel;
(h) specifying the procedures that are to be put in place for the protection and safety of participants in, or observers of, the activity;
(i) specifying any other matters considered necessary by the Director.
(3) A person must comply with any conditions that apply to exemptions given under this regulation.
Penalty: 5 penalty units.
237 Fuelling of recreational vessel
The operator of a recreational vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel.
Penalty: 4 penalty units.
238 Naked flame on recreational vessel
(1) The owner of a recreational vessel must ensure that any appliance which produces a naked flame is not installed in any compartment of the vessel that contains motors or a fuel tank.
Penalty: 4 penalty units.
(2) The operator of a recreational vessel must ensure that any appliance which produces a naked flame is not used in any compartment of the vessel that contains motors or a fuel tank.
Penalty: 4 penalty units.
239 Overloaded recreational vessel not to be operated
(1) A person must not operate a recreational vessel that is overloaded within the meaning of this regulation.
Penalty: 4 penalty units.
(2) A recreational vessel is overloaded—
(a) if the number of persons on the vessel exceeds the maximum number of persons
specified by the manufacturer of the vessel on a capacity plate attached to the vessel; or
(b) if—
(i) the recreational vessel is of a length specified in Column 1 of the following Table and the number of persons being carried on board the vessel as specified in Column 2 of the Table is exceeded—
Less than 3 metres
(2)
3 metres or more but less than 3⋅5 metres
(3)
3⋅5 metres or more but less than 4⋅5 metres
(4)
4⋅5 metres or more but less than 5 metres
(5)
5 metres or more but less than 5⋅5 metres
(6)
5⋅5 metres or more but less than 6 metres
(7)
; or
(ii) if the vessel is a single deck vessel and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0⋅75 × L × √B
where—
P = the number of people;
L = the length of the vessel in metres;
B = the width of the vessel in metres;
or
43
(iii) if the vessel is fitted with a flying bridge and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater— P = 0⋅6 × L × √B where P, L and B have the same meaning as they have in subparagraph (ii);
or
(iv) if the vessel is fitted with a flying bridge and the number of people carried on that flying bridge exceeds one quarter of the number of people
(rounded up to the nearest whole number) permitted to be carried on the
vessel under subparagraph (iii);
or
(v) if the vessel is a decked canoe or kayak or is otherwise fitted with individual cockpits and the number of persons carried on the vessel exceeds the number of individual cockpits in the vessel irrespective of the age of the person.
Penalty: 4 penalty units.
(3) For the purposes of this regulation, a vessel is not overloaded if—
(a) the manufacturer of the vessel has certified in writing that the vessel may be safely operated with a specified number of people on board;
and
(b) the number of people on board the vessel does not exceed that specified number.
(4) In calculating the number of people on board a vessel for the purposes of this regulation, except subregulation (2)(b)(v)—
(a) children aged more than 12 months but less than 12 years will be counted as 0⋅5 person;
(b) children aged less than 1 year will not be included.
PART 4—REGISTRATION OF VESSELS
Division 1—Registration of vessels
PART 7—OPERATOR LICENCES AND PERSONAL
WATERCRAFT ENDORSEMENTS
Note: I have not included the regulations for registration, as a kayak that has no means of motorised propulsion does not need to be registered. However if you fit any motor, including an electric motor to your kayak, you will need to conform to these regulations. The same applies to Part7 as shown above.
SCHEDULE 3
Regulations 226 and 227
CONSTRUCTION OF RECREATIONAL VESSELS
Liquefied petroleum gas and compressed natural gas
Note: While generally this does not apply to kayaks, if you are going kayak camping and carrying flammable goods as above, you will need to conform to these regulations for your own safety.
4 Unless the Director has given approval in writing to the contrary, if liquefied petroleum gas or compressed natural gas is carried on a recreational vessel—
(a) the gas cylinders must not be installed inside a deckhouse or below decks;
(b) the gas cylinders must be stored in the open air and secured in strongly constructed racks;
(c) in the case of a partially decked or open recreational vessel the gas cylinders must not be stored in lockers.
5 All gas piping on a recreational vessel must be securely fastened within the vessel.
6 Any gas-burning appliance on a recreational vessel must be securely fastened in position and the space containing the appliance must be adequately ventilated.
Seaworthiness
8 A recreational vessel must be seaworthy and any internal ballast in the vessel must be securely fastened in position.
Reserve buoyancy
9 (1) In this clause, reserve buoyancy means—
(a) fabricated airtight tanks;
or
(b) inflatable devices which can be conveniently stowed on a vessel;
or
(c) buoyant foam that—
(i) is impervious to chemical action by petrol, oil and salt water;
and
(ii) is of a closed cell structure;
and
(iii) is suitably protected against fire;
or
(d) buoyant foam that is approved by the Director;
or
(d) any combination of the systems specified in subparagraphs (a) to (d);
or
(f) any other system approved by the Director.
(2) A recreational vessel that is an open boat and that does not have an enclosed superstructure must have reserve buoyancy that is sufficient to support—
(a) the hull; and
(b) the weight of the motor, fuel tanks and all nonbuoyant material;
and
(c) 10% of the total combined weight of the hull, motor, fuel tanks and all non-buoyant material.
(3) A recreational vessel that—
(a) is an open boat;
and
(b) does not have an enclosed superstructure;
and
(c) was constructed and first registered after 1 July 1963— must have reserve buoyancy built into the hull of the vessel.
Ventilation
10 (1) A recreational vessel which is using any liquid of a volatile nature or any gas as fuel must be provided with an effective means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to ensure that any explosive or flammable gases are removed.
(2) Subclause (1) does not apply to an open vessel.
SCHEDULE 4
SAFETY EQUIPMENT ON RECREATIONAL VESSELS
Note: Unable to copy most of this section across, please use the link supplied at the start to refer to necessary safety equipment to be carried and how it is to be carried on a kayak in Costal Waters, Enclosed Waters & Inland Waters.
Regulation 228(5)
REQUIREMENTS FOR EQUIPMENT ON
RECREATIONAL VESSELS
Anchor and chain or line
The anchor with chain or line or both chain and line must be of sufficient strength and durability to secure the vessel and must be appropriate for that purpose in the area of operation of the vessel. The chain or line or combination must be securely attached to both the anchor and the vessel at all times.
Bilge pumping system
An electric or manual bilge pumping system must have a pump or pumps that are capable of draining each compartment of the boat. This may require the system to comprise more than one bilge pump. The pump must have a strainer fitted to the suction pipe. The strainer must be of a sufficiently small mesh size to prevent choking of the pump by debris.
Bailer
A bailer must be suitable for bailing water from the boat. A bucket with lanyard may also be used as a bailer.
Dinghy or liferaft
The dinghy or liferaft must be able to support the weight of all people on board in the event of swamping.
Hand-held orange smoke signal, handheld red distress flare, red star parachute distress rocket
Hand-held orange smoke signals, hand-held red distress flares and red star parachute distress rockets kept on the vessel for use must not exceed the manufacturer's expiry date.
SCHEDULE 5
Regulations 231, 232, 233
PFDS TO BE WORN ON RECREATIONAL VESSELS
Canoe, kayak, rowing boat, raft, pedal boat or fun boat
PFD requirements for coastal waters
PFD Type 1, PFD Type 2 or PFD Type 3
PFD Requirements for enclosed waters
PFD Type 1, PFD Type 2 or PFD Type 3
PFD Requirements for inland waters
PFD Type 1, PFD Type 2 or PFD Type 3
SCHEDULE 13
Regulation 900
MARINE INFRINGEMENTS
MA means the Act; and
MR means Marine Regulations 2009;
Safety distances, speed restrictions etc.
State waters [Note:Not all the information is supplied and you should refer to the link supplied at the start of this post for full details. This is a guide only.
Operate a vessel at a speed exceeding 5 knots within 50 metres of a person;
Operate a vessel at a speed exceeding 5 knots within 100 metres of a dive flag;
Operate a vessel at a speed exceeding 5 knots within 50 metres of another vessel;
Operate a sailboard .
Inland waters
Operate a vessel at a speed exceeding 5 knots within 50 metres of the water's edge or a structure.
Coastal waters and ports
Operate a vessel at a speed exceeding 5 knots—
(a) within 200 metres of the water's edge except in an access lane;
(b) within 50 metres of a wharf or similar structure except in an access lane;
(c) when passing through an anchorage for small vessels.
[i[[Miscellaneous navigation offences[/i]
Operate a vessel in an access lane in contravention of the Notice;
Operate a vessel at a speed exceeding the speed limit specified in the Notice for the area of water;
Enter prohibited area towing water skier or when water skiing;
Operate a vessel in a prohibited area;
Operate a vessel with an engine in a prohibited area;
Fail to operate vessel in a manner which creates minimal or no wash in a no wash zone;
Operate a vessel with an engine in a direction other than as permitted by the Notice in inland waters;
Operate a vessel or engage in an activity in a prohibited area of water;
Use waters contrary to conditions of use specified in the Notice;
Fail to give way to other vessel when departing from shore on a vessel with an engine.
Miscellaneous offences
Being the owner or master of a trading or fishing vessel, fail to properly report an accident to the Director;
Fail to obey a direction given by a member of the police force or an authorised officer;
Tamper with a vessel without just cause or excuse;
Obstruct an officer in the exercise of his or her duty;
Overload vesse;l
Fail to give information when required;
Fail to stop vessel when required;
Refuse or fail to state name and address or state false name and address;
Bathe within 50 metres of a launching ramp being used or about to be used or an access lane;
Refuse or fail to allow a vessel to be inspected;
Operate a recreational or hire and drive vessel engaged in diving operations without exhibiting a flag indicating diver below that complies with the Notice;
Engage in diving without a buoy or flag displayed that complies with the Notice.
Further miscellaneous offences
Permit vessel to be moored or secured to navigation marker, beacon, buoy, pole or post in contravention of the Notice;
Anchor vessel in a channel that is marked with beacons or buoys in contravention of the Notice.
Blood alcohol offences
Being a person in charge of a vessel underway with unlawful—
(a)blood alcohol level of 0⋅05g/100ml or more but less than 0⋅10g/100ml;
or
(b) breath alcohol level of 0⋅05g/210 litres or more but less than 0⋅10g/210 litres— but not being a person—
(c) under the age of 21 years;
or
(d) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel.
Being a person in charge of a vessel underway with unlawful—
(a) blood alcohol level of 0⋅10g/100ml or more but less than 0⋅15g/100ml; or
(b) breath alcohol level of 0⋅10g/210 litres or more but less than 0⋅15g/210 litres— but not being a person— MA s.
(c) under the age of 21 years;
or
(d) who, by reason of section 27(1AAA) of the MA, is taken to be in charge of the vessel.
Carriage and use of safety equipment
Operate vessel that is not equipped with the required type or quantity of personal flotation devices;
Operate vessel that is not equipped with the required quantity of anchors, and chains or lines;
Operate vessel that is not equipped with the required quantity of electric or manual bilge pumping systems;
Operate vessel that is not equipped with the required quantity of bailers;
Operate vessel that is not equipped with the required quantity of compasses;
Operate vessel that is not equipped with the required quantity of buckets with lanyards;
Operate vessel that is not equipped with the required quantity of marine radios;
Operate vessel that is not equipped with the required quantity of red star parachute distress rockets;
Operate vessel that is not equipped with the required quantity of hand-held orange smoke signals;
Operate vessel that is not equipped with the required quantity of hand-held red distress flares;
Operate vessel that is not equipped with the required quantity of oars and rowlocks, pairs of oars and rowlocks, pairs of paddles or spare paddles;
Operate vessel that is not equipped with the required quantity of waterproof buoyant torches
Operate vessel that is not equipped with the required quantity of lifebuoys;
Operate vessel that is not equipped with the required quantity of dinghies or liferafts;
Operate vessel without the required number of portable fire extinguishers;
Operate vessel with a portable fire extinguisher that does not have the required minimum nominal capacity;
Operate vessel with a portable fire extinguisher that has not been maintained as required;
Operate vessel with a portable fire extinguisher that has not been serviced as required;
Fail to keep portable fire extinguishers in separate positions on vessel;
Fail to wear required personal flotation device while in open area of vessel that is underway;
Fail to ensure that person under 10 years of age in open area of vessel underway wears required personal flotation device;
Fail to wear required personal flotation device while being towed by vessel;
Allow vessel to start voyage before each person on board in open area is wearing required personal flotation device;
Allow vessel to start towing a person who is not wearing required personal flotation device;
Operate vessel on coastal waters more than 2 nautical miles from shore without vessel being provided with registered EPIRB with operational frequency of 406MHz and that complies with specified standards including registration sticker;
Operate vessel on coastal waters more than 2 nautical miles from shore without carrying proof issued by AMSA that vessel is provided with EPIRB of required type.
ENDNOTES[size]
General Information
The Marine Regulations 2009, S.R. No. 180/2009 were made on
15 December 2009 by the Governor in Council under sections 10, 55, 56, 58,
59, 105, 108 and 109 of the Marine Act 1988, No. 52/1988 and came into
operation on 20 December 2009: regulation 102.
The Marine Regulations 2009 will expire on 21 December 2012:
regulation 1200.
Finally Amendments apply to several of the regulation outlined above, these include but are not limited to, Type 1 – 2 & 3 PFD’s, Flare’s and EPIRBS. For more detailed information, please refer directly to the amendments listed at the end of the official document.
cheers Jim 
