Waterway rules

Introduction

There are general State Rules that apply for all waters in the State and local Scheduled operating and zoning rules for specific waterways.

These rules are approved by Maritime Safety Victoria under Part 5.1 of the Marine Safety Act 2010 (Vic) (MSA) and preceding legislation.

The rules are designed to provide a safe operating environment, to cater for the wide range of boating and water activities, to separate different activities where needed on the basis of safety, and to reflect local conditions.

This document is a reproduction of official Notices made under the MSA or preceding Marine Act 1988 (Vic) for Notices prior to 1 July 2010.

Readers should be aware that the rules are subject to change. References in the State Rules section to the Marine Act 1988 or Marine Regulations 2009 should be references to the Marine Safety Act 2010 or the Marine Safety Regulations 2012.

Any queries regarding the rules should be directed to MSV or the relevant waterway manager.

Interpretation

1. In this Notice:

• 'Access lane' means an area of water specified in a Schedule which is set aside to permit access to or from the shore at speed:
  • (a) for a vessel which is towing a water-skier
  • (b) for launching or retrieving a vessel at a boat ramp when the ramp is located in the   area specified as an access lane.
• 'Coastal waters' has the same meaning as in the Marine Regulations 2009.
• 'Competition or training' means an activity:
  • (a) undertaken as part of a competition or training organised in accordance with the rules of a Victorian sporting organisation; and
  • (b) approved in writing by the Director, Transport Safety as competition or training.
• 'Dive flag' means the Code Flag "A" shown in Chapter 11 and Appendix 2 of the International Code of Signals.
• 'Enclosed waters' has the same meaning as in the Marine Regulations 2009.
• 'Hire and drive Vessel' has the same meaning as in the Marine Act 1988.
• 'Houseboat' means any boat, vessel or pontoon having a fixed house above the deck with accommodation which may be used by persons residing on board for an overnight period or longer.
• 'Inland waters' has the same meaning as in the Marine Regulations 2009.
• 'Local port manager' has the same meaning as in the Marine Act 1988.
• 'No wash zone' means an area of water specified in a Schedule through which a vessel must only pass at a speed which creates minimal wash or no wash.
• 'Operate' means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not:
  • (a) at anchor; or
  • (b) made fast to the shore; or
  • (c) aground; or
  • (d) ashore.
• 'Personal watercraft' means any recreational vessel that is of a kind that is required to be registered and that:
  • (a) has an engine that is used for propulsion; and
  • (b) has a fully enclosed hull; and
  • (c) does not retain water on it if it capsizes; and
  • (d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel.
• 'Port management body' has the same meaning as in the Marine Act 1988.
• 'Recreational vessel' has the same meaning as in the Marine Act 1988.
• 'Rescue' means an operation to retrieve persons in distress, provide for their initial medical or other needs and deliver them to a place of safety and includes any on-water activities that may be preliminary or incidental to that operation.
• 'Schedule' means a Schedule to this Notice.
• 'Search' means an operation, normally coordinated by a rescue coordination centre, using available personnel and facilities to locate persons in distress and overdue vessels.
• 'Speed restriction zone' means an area of water specified in a Schedule within which a master of a vessel must not cause or allow the vessel to be operated in excess of the speed designated in the Schedule.
• 'Sporting organisation' includes an organisation that:
  • (a) has control in Australia, a foreign country or internationally of one or more sports or sporting events; or
  • (b) organises or administers one or more sports or sporting events; or
  • (c) accredits people to take part in sporting competition; or
  • (d) provides teams to compete in sporting competition; or
  • (e) trains, or provides finance for, people to take part in sporting competition.
• 'State waters' mean:
  • (a) the territorial sea adjacent to the State; and
  • (b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State
  • (c) waters within the limits of the State.
• 'Search and rescue operation' includes:
  • (a) a search;
  • (b) a rescue; and
  • (c) any activity designed to train personnel to undertake –
    • (i) a search;
    • (ii) a rescue; and
  • (d) any function incidental to a search or a rescue
    conducted on State waters.
• 'Vessel' has the same meaning as in the Marine Act 1988.
• 'Victorian sporting organisation' means a sporting organisation recognised by the Victorian Minister for Sport and Recreation as the sporting organisation for a sport in Victoria.
• 'Water-skier' means a person being towed by a vessel which has an engine that is used for propulsion whether or not the person is wearing water-skis or:
  • (a) is being towed bare-footed; or
  • (b) is being towed on any thing; or
  • (c) is engaging in para-sailing or in a similar activity.
• Works includes:
  • (a) the construction, maintenance or decommissioning of a facility or infrastructure; and
  • (b) the dredging of a channel and related activities; and
  • (c) the construction or maintenance or exterior alteration or decoration of a building or other structure; and
  • (d) the demolition or removal of a building or other structure; and
  • (e) the erection, maintenance and removal of signs or hoardings; and
  • (f) the removal, destruction or lopping of vegetation.

Speed limits and safety distances

All State Waters

2. A master of a vessel must not cause or allow the a vessel to be operated on any State waters at a speed exceeding 5 knots:

• (a) within 50 metres of a person in the water; or
• (b) within 100 metres of a vessel or buoy on which a dive flag is displayed, or a rigid replica of that dive flag; or
• (c) within 50 metres of another vessel except where both vessels are either:
  • (a) engaged in competition or training; or
  • (b) within an exclusive use or special purpose area prescribed in a Schedule to this Notice which is set aside for a specific activity under Clause 13 in which the width of water prevents the keeping of that distance.

Inland Waters

3. Unless otherwise specified in a Schedule, the master of a vessel must not cause or allow the vessel to be operated on any inland waters at a speed exceeding 5 knots:

• (a) within 50 metres of the waters' edge; or
• (b) within 50 metres of a fixed or floating structure in or on the water (including a wharf, jetty, slipway or boat launching ramp); except in an access lane.

Coastal Waters and Enclosed Waters

4. Unless otherwise specified in a Schedule, the master of a vessel must not cause or allow the vessel to be operated in coastal waters or in enclosed waters at a speed exceeding 5 knots:

• (a) within 200 metres of the waters' edge except in an access lane
• (b) within 50 metres of a wharf, jetty, slipway, diving platform or boat ramp except in an access lane
• (c) when passing through a recognised anchorage for small craft.

Categorisation of waters

Establishment of Access Lanes

5. An area of water specified in a Schedule as an access lane for the purposes of this clause is an access lane.

Use of Access Lanes

6.

• (1) The master of a vessel which is towing a water skier at a speed exceeding 5 knots must ensure that the vessel is operated in a manner such that it departs from and returns to the shore only through an access lane.
• (2) The master of a vessel must not cause or allow the vessel to be operated in an access lane except for the purposes of-
• dropping off or picking up a water-skier; or
• launching or retrieving the vessel at a boat launching ramp when the ramp is located within an access lane.
• (3) The master of a vessel must not cause or allow the vessel to be operated in an access lane unless the purpose for which he or she entered the access lane necessitates unrestricted speed departure from and approach to the shore.
• (4) The master of a vessel which is being operated in an access lane:
  • must not
    • if dropping off or picking up a water skier, cause or allow the vessel to be operated at a speed greater than that reasonably required to drop off or pick up the water skier; or
    • if operating the vessel for the purposes of seeking access to or from a boat launching ramp within the access lane, cause or allow the vessel to be operated at a speed greater than that reasonably required to maintain control of the vessel; and
  • must remove or beach the vessel and secure all equipment as soon as practicable after accomplishing the purpose for which he or she entered the access lane; and
  • must ensure that the vessel is operated in a manner so as to keep:
    • (i) as far to the right as practicable when entering or leaving the access lane; or
    • (ii) as far to the left as possible when entering or leaving the access lane where a Schedule prescribes that vessels must be operated in a clockwise direction in relation to the approximate centre of the waterway; and
  • must ensure that the vessel is operated in a manner so as to give right of way:
    • (i) to any vessel proceeding past the access lane; or
    • (ii) to any vessel about to enter or which is already in the access lane for the purpose of dropping off a water skier; or
    • (iii) to a vessel which is about to enter or is already in the access lane for the purpose of gaining access to a boat launching ramp located in the access lane.

Speed Restriction Zones

7.

• (1) The master of a vessel must not cause or allow the vessel to be operated at a speed exceeding the speed specified in a Schedule for an area of water specified in the Schedule.
• (2) Despite sub-clause (1), a speed restriction specified in a Schedule for an area of water may be expressed so as not to apply on particular days or at particular times specified in the Schedule.

Areas where Water-skiers are Prohibited

8.

• (1) The master of a vessel towing a water-skier must not cause or allow the vessel to enter an area of water specified in a Schedule as an area where water skiers are prohibited.
• (2) A water-skier must not enter an area of water specified in a Schedule as an area where water skiers are prohibited.

Areas where Vessels are Prohibited

9.

• (1) The master of a vessel must not cause or allow the vessel to be operated in an area of water specified in a Schedule as being prohibited to vessels.
• (2) Despite sub-clause (1), a prohibition on vessels specified in a Schedule may be expressed so as not to apply on particular days, or at particular times, or to particular vessels, or to particular vessels travelling at designated speeds.

Prohibition on Vessels with Engines

10.

• (1) The master of a vessel which has an engine that is used for propulsion must not cause or allow the vessel to be operated in an area of water specified in a Schedule as being prohibited to vessels which have an engine that is used for propulsion.
• (2) Despite sub-clause (1), a prohibition on vessels with engines used for propulsion specified in a Schedule may be expressed to apply to vessels with engines of a particular type or capacity.

No Wash Zones

11. The master of a vessel must ensure that the vessel is operated in a manner which creates minimal wash or no wash in an area of water specified in a Schedule as a no wash zone.

Prohibition of Specific Activities

12.

• (1) A person must not engage in an activity in an area of water specified in a Schedule when such activity is prohibited in that area of water specified in that Schedule.
• (2) The master of a vessel must not cause or allow the vessel to be operated in an area of water specified in a Schedule when such operation is prohibited in that area of water specified in that Schedule.

Exclusive Use and Special Purpose Areas

13.

• (1) Where an activity in an area of water specified in a Schedule is subject to a condition or conditions governing the use of that area of water as prescribed in that Schedule, a person must not engage in that activity in that area of water in contravention of the prescribed condition or conditions of use.
• (2) Where operation of a vessel in an area of water specified in a Schedule is subject to a condition or conditions governing the use of that area of water as prescribed in that Schedule, the master of a vessel must not cause or allow the vessel to be operated in that area of water in contravention of the prescribed condition or conditions of use.

Direction of Travel on Inland Waters

14.

• The master of a vessel with an engine used for propulsion on inland waters must ensure that the vessel is operated:
  • (a) in an anti-clockwise direction in relation to the approximate centre of the waterway; or
  • (b) in a clockwise direction where a Schedule prescribes that such a vessel must be operated in that direction in relation to the approximate centre of the waterway,
• except when the vessel is operating in a speed restriction zone or an access lane or is being operated at a speed of less than five (5) knots.

Giving Way

15. When departing from the shore at any location the master of a vessel with an engine used for propulsion must ensure that the vessel is operated in a manner such that it gives way to all other vessels.

Operation of vessels

15A. The master of a vessel on any State waters must not cause or allow the vessel to impede the progress of a tug or other vessel assisting the movement, berthing or unberthing of a vessel.

Use of waters

Bathers

16. A person must not bathe:

• (a) within 50 metres of any boat launching ramp that is being used or is about to be used for the launching or recovery of any vessel; or
• (b) within an access lane.

Sailboards

17. A person operating a sailboard, kiteboard or similar vessel on any State waters must not approach within 200 metres of any berth used for the purposes of commercial shipping.

18. *** Revoked ***

Towing a Person

19. The master of a vessel must not cause or allow the vessel to be operated on any State waters:

• (a) when towing a person unless, in addition to the operator, there is in the vessel a person aged 12 years old or more who is in a position to observe and communicate to the operator of the vessel the progress of the person being towed;
• (b) when towing more than 3 persons;
• (c) when towing a person between one hour after sunset and one hour before sunrise.

Excessive Noise

20. *** Revoked ***

Noise

21. The master of a vessel with an engine used for propulsion must not cause or allow the vessel to be operated unless the vessel has a silencing device:

• (a) securely fixed to its engine so that all the exhaust gases from the engine pass through the silencing device in such a manner as to prevent unreasonable noise; and
• (b) which does not have attached to it a cut out or a device capable of producing an open exhaust.

Divers

Diving Operations

22. The master of any recreational vessel or hire and drive vessel engaged in diving operations on any State waters must ensure that there is exhibited on that vessel where it can clearly be seen a dive flag or a rigid replica of that dive flag, and:

• (a) in the case of a vessel of 10 metres or more in length, the height of such dive flag or replica must not be less than 1 metre; and
• (b) in the case of a vessel of less than 10 metres in length, the minimum size of such dive flag or replica must be 750 millimetres by 600 millimetres.

Divers' Personal Flags

23.

• (1) Subject to sub-clause (2) any person engaged in diving in any State waters must use a buoy attached to himself or herself by a length of rope, such buoy having attached to it a dive flag or a rigid replica of that flag, the dimensions of such dive flag or replica being not less than 300 millimetres by 200 millimetres.
• (2) Sub-clause (1) does not apply to a person who:
  • (a) is operating from a recreational vessel or hire and drive vessel which complies with the requirements of clause 22 (Diving Operations); or
  • (b) is within an area in which the operation of vessels is prohibited or in which vessels are not permitted to exceed a speed of 5 knots; or
  • (c) is engaged in diving solely for recreation and is not equipped with any breathing apparatus designed to facilitate diving.

Mooring, Anchoring or Berthing of Vessels

Vessel not to be moored etc. to navigation marker or buoy

23A.

• (1) The master of a vessel must not cause or allow the vessel to be secured to or in any other way made fast to any navigation marker, beacon, buoy, pole or post fixed in or on any State waters.
• (2) The master of a vessel must not cause or allow the vessel to be moored, berthed, or anchored in any area of water specified in a Schedule as being prohibited or regulated for that purpose.

Vessels not to be Anchored in Channels

23B. The master of a vessel must not cause or allow the vessel to be anchored in a channel that is marked with beacons or buoys.

Obstructing Channels

Boats, Persons or Equipment Obstructing Channels

23C. Where a channel or waterway has been obstructed by a vessel or its equipment, occupants or persons, the owner or master of that vessel and equipment must remove the obstruction from the channel or waterway without undue delay.

General

Search and rescue and enforcement vessels exempted

24. The provisions of this Notice do not apply to:

• (a) the master of a search and rescue vessel engaged in search and rescue operations;
• (b) the master of a vessel being operated for the purpose of the enforcement of the Marine Act 1988 and any Regulations and notices made under the Act; or
• (c) the master of a vessel engaged in works and authorised by a waterway manager, local port manager or port management body.

25. *** Revoked ***

Table showing details of notice(s) published in Government Gazette in relation to State Rules

Schedules

Schedules for waterways detailed in this document are a reproduction of official notices published in the Victoria Government Gazette and cannot be used for legal purposes.  Each Schedule as reproduced is referenced with the relevant Gazette number(s) in a table at the end of the Schedule.

Waterway rules are designed to provide a safe operating environment, to cater for the wide range of boating and water activities, to separate different activities where needed on the basis of safety, and to reflect local conditions.

The Schedules reproduced in this section are Notices made under either the Marine Safety Act 2010 (Vic) (MSA) or the preceding Marine Act 1988 (Vic) (MA).  The table at the end of each Schedule also details the legislation that the waterway rule has been made under.

Index to Schedules

The table provides an alphabetical list of Victorian waterways, alongside the name of the associated waterway manager and schedule number.

Note: Waterway manager the Department of Sustainability and Environment is now the Department of Environment, Land, Water and Planning (DELWP).

Download the VOZR to read the Schedules.

Contact details

View information about the persons or bodies appointed to be waterway managers.

Exemption Notice 1

Notice of exemptions from carriage of safety equipment and wearing of personal flotation device requirements for recreational vessels

Notice is hereby given under Regulation 231 of the Marine Regulations 1999 made under the provisions of the Marine Act 1988 of exemptions as described in this Notice from the carriage of safety equipment requirements specified in Regulation 230 and/or the Personal Flotation Device (PFD) wearing requirements specified in Regulation 232 of the Marine Regulations 1999.

1. Revocations

This notice revokes and replaces Notice S248 made under Regulation 231 of the Marine Regulations 1999 as published in the Government Gazette on 2 December 2005.

2. Definitions

In this Notice:

• 'PFD Type 1' means an approved Personal Flotation Device type 1 defined in Schedule 2 under Regulation 103 of the Marine Regulations 1999.
• 'PFD Type 2' means an approved Personal Flotation Device type 2 defined in Schedule 2 under Regulation 103 of the Marine Regulations 1999.
• 'PFD Type 3' means an approved Personal Flotation Device type 3 defined in Schedule 2 under Regulation 103 of the Marine Regulations 1999.
• 'Personal Watercraft' includes a power ski, aqua-scooter, jet bike, jet ski, wave runner, wave jammer, ski-free, motorised surfboard and any similar vessel that has an engine used for propulsion.
• 'Formal Training or Competition' means training or competition conducted under the direction of an incorporated club, organisation or association that is affiliated with the respective peak body where supervision of participants and appropriate rescue services are provided, or under a Safety Management Plan approved by Marine Safety Victoria.
• 'Lifesaving Appliance' means a lifebuoy or life raft or buoyant appliance in accordance with Section 10 of the Uniform Shipping Laws Code or a rescue tube in accordance with the standards specified by Surf Life Saving Australia.

3. Exemptions for rowing boats, canoes (excluding Dragon Boats) and kayaks

• (a) Carriage of safety equipment:
  • (i) persons operating a rowing boat or canoe or kayak engaged in Formal Training or Competition on inland waters, not being formal training or competition of which any part is conducted on water forming rapids, are exempt from the carriage of safety equipment requirements specified in Regulation 230.
  • (ii) persons operating a rowing boat or canoe or kayak engaged in Formal Training or Competition on the Yarra River between the Bolte Bridge and the mouth of the Yarra River are exempt from the carriage of safety equipment requirements specified in Regulation 230 providing:
    • (1) communications have been established with Harbour Control prior to entering the area defined above
    • (2) each occupant wears a PFD Type 1, 2 or 3 at all times or,
    • (3) are accompanied by an inshore rescue boat or powered rescue craft in accordance with the specifications of Surf Life Saving Australia or,
    • (4) are accompanied by an appropriate powered rescue craft carrying the following equipment:
      • a. lifesaving appliances sufficient to support all persons that may be required to be to rescued or,
      • b. PFD Type 1, 2 or 3 sufficient to support all persons that may be required to be rescued
• (b) Wearing of PFDs:
  • (i) all operators and occupants of a rowing boat or canoe or kayak engaged in Formal Training or Competition on inland waters, not being formal training or competition of which any part is conducted on water forming rapids, are exempt from PFD wearing requirements specified in Regulation 232
  • (ii) all operators and occupants of a rowing boat or canoe or kayak engaged in Formal Training or Competition on the Yarra River between the Bolte Bridge and the mouth of the Yarra River are exempt from PFD wearing requirements specified in Regulation 232 providing :
    • (1) communications have been established with Harbour Control prior to entering the area defined above and
    • (2) each occupant wears a PFD Type 1, 2 or 3 at all times or,
    • (3) are accompanied by an inshore rescue boat or powered rescue craft in accordance with the specifications of Surf Life Saving Australia or,
    • (4) are accompanied by an appropriate powered rescue craft carrying the following equipment:
      • a. lifesaving appliances sufficient to support all persons that may be required to be to rescued or,
      • b. PFD Type 1, 2 or 3 sufficient to support all persons that may be required to be rescued.

4. Exemptions for yachts, off the beach sailing yachts, and their mechanically powered support vessels

• (a) Carriage of safety equipment:
  • (i) a yacht or off the beach sailing yacht engaged in Formal Training or Competition during daylight hours is exempt from the carriage of safety equipment requirements specified in Regulation 230 providing that the safety equipment specified by the Yachting Australia Inc. Racing Rules of Sailing is carried
  • (ii) all mechanically powered vessels (other than Personal Watercraft), operated by a club or training centre affiliated with Yachting Victoria Inc. and engaged in competition or formal sail training activities for off the beach sailing yachts are exempt from the PFD carriage requirements specified in Regulation 230 providing that all occupants wear a PFD Type 1 or 2 at all times
• (b) Wearing of PFDs:
• (i) all operators and occupants of mechanically powered vessels (other than personal watercraft), operated by a club or training centre affiliated with Yachting Victoria Inc. and engaged in formal sail training activities for off the beach sailing yachts are exempt from the PFD wearing requirements specified in Regulation 232 providing that all occupants wear a PFD Type 1 or 2 at all times.

5. Exemptions for Life Saving Victoria vessels

• (a) Carriage of safety equipment:
  • (i) all mechanically powered vessels (other than personal watercraft), operated by Life Saving Victoria, up to and including 4.8 metres in length whilst operating within visual range of a staffed lifesaving facility or flagged area are exempt from the carriage of safety equipment requirements specified in Regulation 230
  • (ii) all mechanically powered vessels up to and including 4.8 metres in length (other than personal watercraft), operated by Life Saving Victoria outside visual range of a staffed lifesaving facility or flagged area are exempt from the carriage of safety equipment requirements specified in Regulation 230 providing a Life Saving Victoria approved communications radio is carried on board and occupants wear a PFD Type 1, 2 or 3 at all times
  • (iii) all vessels propelled by paddle or oar operated by Life Saving Victoria whilst engaged in Formal Training or Competition or operated within visual range of a staffed lifesaving facility or flagged area are exempt from the carriage of safety equipment requirements specified in Regulation 230
• (b) Wearing of PFDs:
• (i) all operators and occupants of mechanically powered vessels (other than personal watercraft), operated by Life Saving Victoria, up to and including 4.8 metres in length whilst operating within visual range of a staffed lifesaving facility or flagged area are exempt from PFD wearing requirements specified in Regulation 232
• (ii) all operators and occupants of mechanically powered vessels up to and including 4.8 metres in length (other than personal watercraft), operated by Life Saving Victoria outside visual range of a staffed lifesaving facility or flagged area are exempt from PFD wearing requirements specified in Regulation 232 providing a Life Saving Victoria approved communications radio is carried on board and occupants wear a PFD Type 1, 2 or 3 at all times
• (iii) all operators and occupants of vessels propelled by paddle or oar operated by Life Saving Victoria whilst engaged in Formal Training or Competition operating within visual range of a staffed lifesaving facility or flagged area are exempt from PFD wearing requirements specified in Regulation 232.

6. Exemptions for Australian Power Boat Association vessels

• (a) Carriage of safety equipment:
  • (i) all vessels engaged in competing in a power boat race on inland or enclosed waters when under the supervision of the Australian Power Boat Association and the race is conducted in accordance with the Racing and Safety Rules of that Association are exempt from the carriage of safety equipment requirements specified in Regulation 230 providing the operator of the vessel and any occupant being carried wears a PFD Type 1
  • (ii) all vessels fitted with a reinforced cockpit approved by the Australian Power Boat Association and engaged in competing in a power boat race on inland or enclosed waters when under the supervision of the Association and the race is conducted in accordance with the Racing and Safety Rules of that Association are exempt from the carriage of equipment requirements specified in Regulation 230 providing the operator of the vessel and any occupant being carried wears a PFD Type 1.

7. Exemptions for interstate vessels

• (a) Carriage of safety equipment:
  • (i) a person operating a vessel on State waters that is normally domiciled outside Victoria is exempt from the carriage of safety equipment requirements specified in Regulation 230 of the Marine Regulations 1999 for a period of up to three (3) months providing the vessel conforms with the carriage of safety equipment requirements of their home State or Territory

This notice was made by the Director of Marine Safety on 8 February 2006 under Regulation 231 of the Marine Regulations 1999.

Table showing details of notice(s) published in Government Gazette in relation to this exemption notice

Exemption Notice 2

Marine Safety Act 2010 (Vic)
Section 260(1) notice
Victoria Water Police and Search & Rescue Squads

Application

This notice of exemption applies to members of the Victoria Police personnel as defined under the Victoria Police Act 2013 (Vic) whilst attached permanently or temporarily to the Water Police and Search & Rescue Squads (“Water Police Squad members”), and whilst undertaking duties in Victoria Police vessels.

Exemption

The Water Police Squad members are exempt from the requirements of:

(i) The Vessel Operating and Zoning Rules for Victorian waters made under section 184 of the Marine Safety Act 2010 (Vic) when:

a) The Water Police Squad members are performing their operational duties;
b) The Water Police Squad members are undertaking training for the purposes of performing their operational duties;
in accordance with this notice.

Duration

This notice of exemption:

(i) commences on 1/8/2021; and
(ii) is granted for three years from commencement.

This notice was made by the Director, Maritime Safety (Delegate of the Director, Transport Safety) on 28 July 2021.

Exemption Notice 3.19

Exemption Notice 3.19

FOL/08/9083-3

Marine Safety Act 2010 (Vic)
Section 260(1) Exemption Notice
Port Phillip Ferries

I, Cameron Toy, Director, Maritime Safety (as delegate of Safe Transport Victoria) in exercise of the powers vested in me under section 260(1) of the Marine Safety Act 2010 (Vic), hereby grant the following exemption to Masters of the MV Geelong Flyer and MV Bellarine Express on the terms set out in this instrument.

1. Application

This notice of exemption applies to the Masters of the MV Geelong Flyer and MV Bellarine Express when operating on the waters of the Yarra River between the Southern dripline of the West Gate Bridge and the Western drip line of the Bolte Bridge.

2. Exemption

Masters of the MV Geelong Flyer and MV Bellarine Express are exempt from the requirements of: Clause 2.7.1 and Clause 2.7.2 of Schedule 2 of the Vessel Operating and Zoning Rules for Victorian Waters made under section 184 of the Marine Safety Act 2010 (Vic).

2.7.1 Six (6) knot speed restriction for the purposes of Clause 7

All vessels less than 35 metres in length, on the waters of the Yarra River within the port waters of the Port of Melbourne, between the southern drip line of the Westgate Bridge and the Western drip line of the Bolte Bridge are subject to a speed limit of 6 knots.

3. Conditions

The exemption is subject to the following conditions:

1. Operational Requirements:

(i) MV Geelong Flyer and MV Bellarine Express do not exceed 10 knots on the waters between the Southern drip line of the West Gate Bridge and beacons 39 and 40 when the Bicycle Punt is berthed at the Lorimer Street landing (eastern side of Yarra River) on inbound passages.

(ii) MV Geelong Flyer and MV Bellarine Express do not exceed 6 knots on the waters between beacons 39 and 40 and the Port Operations Control Centre on inbound passages.

(iii) MV Geelong Flyer and MV Bellarine Express do not exceed 15 knots on the waters between the Port Operations Control Centre and the Western drip line of the Bolte Bridge on inbound passages.

(iv) MV Geelong Flyer and MV Bellarine Express do not exceed 15 knots on the waters between the Western drip line of the Bolte Bridge and the Port Operations Control Centre on outbound passages.

(v) MV Geelong Flyer and MV Bellarine Express do not exceed 12 knots on the waters between the Port Operations Control Centre and the Southern drip line of the West Gate Bridge on outbound passages.

(vi) MV Geelong Flyer and MV Bellarine Express may only exceed 6 knots when the visibility in the area of operation is equal to or greater than 200 metres.

(vii) MV Geelong Flyer and MV Bellarine Express will slow to 6 knots or less when visibility is 200 metres or less.

(viii) MV Geelong Flyer and MV Bellarine Express will display an amber flashing light at all times while underway.

(ix) The Masters of the MV Geelong Flyer and MV Bellarine Express will contact the Master of the Westgate Punt to verify the time they will be passing the area where the Westgate Punt operates when the visibility in the area of operation is equal to or less than 200 metres.

(x) The Master of the MV Geelong Flyer and MV Bellarine Express will contact other identified operators on the Yarra River when transiting the Yarra River.

2.  A promulgated passage plan including operational times is to be made available to appropriate regulatory authorities and published on the Port Phillip Ferries website.

3.  Situational awareness tools including radar, AIS, ECDIS, electronic chart plotter with displayed AIS tracks and Thermal Cameras are to be used.

4. The Masters of the MV Geelong Flyer and MV Bellarine Express shall ensure that the installed AIS transceiver is active at all times while the ferries are underway.

5.  A lookout who is suitably trained and briefed, in addition to the Master of the ferry, is present on the bridge while the ferries are operating the area applicable to this exemption including when transiting from the western drip line of the Bolte Bridge to Victoria Harbour berth.

6.  Safety Management Systems documentation for MV Geelong Flyer and MV Bellarine Express are to reflect the operational requirements for operations on Victorian waters and the Yarra River transit. The Safety Management Systems to include:

• Passage plans and operations to and from Victoria Harbour to Portarlington and Geelong.
• Passage plan and operations documentation to include specific details of risks and controls as identified during the duration of this exemption.
• Speed during transit to or from Portarlington or Geelong and Victoria Harbour in relation to general operations and operations in heavy traffic and reduced visibility.
• Qualifications of crew

Training requirements for masters, mates, and lookouts for operations between the southern drip line of the West Gate Bridge and the western drip line of the Bolte Bridge, including but not limited to simulated emergency stopping, restricted visibility and evasive action training including situational awareness and lookout/master response, and specifically:

1. NSCV F2 Fast Craft Training with annual verification
2. Lookout Training and annual onboard check trip assessment for Lookout and Master to PEM standard
3. Vessel Handling Training
4. Advanced Navigation Training
5. Emergency management exercise every two years

• Docking and entering/ departure Portarlington, Geelong, and Victoria Harbour.
• Details of vessel operations.
• Specific duties of lookout.
• Emergency contact details.
• Communication requirements with the Master of the Yarra Punt and other identified operators on the Yarra River.
• Procedures for reporting Reportable Marine Incidents as per Marine Safety Act 2010.
• Specific details of reporting locations for Melbourne VTS and details to be provided to VTS.
• Requirement to display amber light at all times.

7. Port Phillip Ferries will initiate an on online feedback system for feedback during the period of this exemption.

8.  The Director, Maritime Safety reserves the right to cancel or amend the exemption or conditions in his or her right, or on the advice of the Harbour Master- Port of Melbourne, should hitherto unforeseen risks be identified or to impose additional conditions or vary current conditions. The exemption is subject to periodic review.

4. Duration

This notice of exemption commences on 30 September 2022 and expires on 30 September 2023.

CAMERON TOY

DIRECTOR, MARITIME SAFETY
Delegate of Safe Transport Victoria
30/09/2022

Exemption Notice 3.8

DOC/18/700382

Marine Safety Act 2010 (Vic)
Section 260(1) Exemption Notice
Port Phillip Ferries

I, Rachel Gualano, Director Maritime Safety Victoria (as delegate of the Director, Transport Safety) in exercise of the powers vested in me under section 260(1) of the Marine Safety Act 2010 (Vic), hereby grant the following exemption to Masters of the MV Bellarine Express on the terms set out in this instrument.

1. Application

This notice of exemption applies to the Masters of the MV Bellarine Express when operating on the waters of the Yarra River between beacons 23 and 24 and the southern dripline of the West Gate Bridge.

2. Exemption

Masters of the MV Bellarine Express are exempt from the requirements of: Clause 2.7.2 of Schedule 2 of the Vessel Operating and Zoning Rules for Victorian waters made under section 184 of the Marine Safety Act 2010 (Vic).

2.7.2    Eight (8) knot speed restriction for the purposes of Clause 7

All vessels less than 35 metres in length, on the waters of the Yarra River within the port waters of the Port of Melbourne, between the southern drip line of the West Gate Bridge and a line joining beacons 23 and 24 are subject to a speed limit of 8 knots.

3. Conditions

The exemption is subject to the following conditions:

1. Operational Requirements:

(i) MV Bellarine Express does not exceed 15 knots in the waters between the southern drip line of the Westgate Bridge and a line joining beacons 23 and 24.

(ii) MV Bellarine Express may only exceed 8 knots when the visibility in the area of operation is equal to or greater than 200 metres.

(iii) MV Bellarine Express will slow to 8 knots or less when visibility is 200 metres or less

(iv) MV Bellarine Express will display an amber flashing light at all times while underway.

(v) The Master of the MV Bellarine Express will contact the Master of the Yarra Punt to verify the time they will be passing the area where the Yarra Punt operates when the visibility in the area of operation is equal to or less than 200 metres.

2. A promulgated passage plan including operational times is to be made available to appropriate regulatory authorities and published on the Port Phillip Ferries website.

3.  Situational awareness tools including radar and electronic chart plotter with displayed AIS tracks are to be used.

4.  The Master of the MV Bellarine Express shall ensure that the installed AIS transceiver is active at all times while the ferry is underway.

5. A lookout who is suitably trained and briefed, in addition to the Master of the ferry, is present on the bridge while the ferry is operating the area applicable to this exemption.

6.  Safety Management System for MV Bellarine Express is to reflect the operational requirements for operations on Victorian waters and the Yarra River transit. The Safety Management System to include;

• Passage plan and operations Portarlington to Docklands and Geelong
• Speed during transit from Portarlington to beacons 23 and 24 in relation to general operations and operations in heavy traffic and reduced visibility
• Qualifications of crew
• Training requirements for masters, mates and lookouts for operations between the southern drip line of the Westgate Bridge and a line joining beacons 23 and 24 including but not limited to simulated emergency stopping, restricted visibility and evasive action training including situational awareness and lookout/master response, and specifically:

1. NSCV F2 Fast Craft Training
2. Lookout Training
3. Vessel Handling Training
4. Advanced Navigation Training

• Docking and entering/ departure Portarlington and Geelong
• Details of vessel operations
• Specific duties of lookout
• Emergency contact details
• Communication requirements with the Master of the Yarra Punt
• Procedures for reporting Reportable Marine Incidents as per Marine Safety Act 2010
• Specific details of reporting locations for Melbourne VTS and details to be provided to VTS
• Requirement to display amber light

8. The Director Maritime Safety Victoria reserves the right to cancel or amend the exemption or conditions in his or her right, or on the advice of the Harbour Master, Victorian Ports Corporation Melbourne should hitherto unforeseen risks be identified or to impose additional conditions or vary current conditions. The exemption is subject to periodic review.

4. Duration

This notice of exemption commences on   17  / 10  / 2018.

______________________

RACHEL GUALANO

DIRECTOR MARITIME SAFETY VICTORIA

Delegate of the Director, Transport Safety

On this day    17 /    10    / 2018.

Exemption Notice 3.9

DOC/19/466119

Marine Safety Act 2010 (Vic)
Section 260(1) Exemption Notice
Port Phillip Ferries

I, Anil Chadha, Deputy Director (Operations) Maritime Safety Victoria (as delegate of the Director, Transport Safety) in exercise of the powers vested in me under section 260(1) of the Marine Safety Act 2010 (Vic), hereby grant the following exemption to Masters of the MV Geelong Flyer on the terms set out in this instrument.

1. Application

This notice of exemption applies to the Masters of the MV Geelong Flyer when operating on the waters of the Yarra River between beacons 23 and 24 and the southern dripline of the West Gate Bridge.

2. Exemption

Masters of the MV Geelong Flyer are exempt from the requirements of: Clause 2.7.2 of Schedule 2 of the Vessel Operating and Zoning Rules for Victorian waters made under section 184 of the Marine Safety Act 2010 (Vic).

2.7.2    Eight (8) knot speed restriction for the purposes of Clause 7

All vessels less than 35 metres in length, on the waters of the Yarra River within the port waters of the Port of Melbourne, between the southern drip line of the West Gate Bridge and a line joining beacons 23 and 24 are subject to a speed limit of 8 knots.

3. Conditions

The exemption is subject to the following conditions:

1. Operational Requirements:

(i) MV Geelong Flyer does not exceed 15 knots in the waters between the southern drip line of the West Gate Bridge and a line joining beacons 23 and 24.

(ii) MV Geelong Flyer may only exceed 8 knots when the visibility in the area of operation is equal to or greater than 200 metres.

(iii) MV Geelong Flyer will slow to 8 knots or less when visibility is 200 metres or less

(iv) MV Geelong Flyer will display an amber flashing light at all times while underway.

(v) The Master of the MV Geelong Flyer will contact the Master of the Yarra Punt to verify the time they will be passing the area where the Yarra Punt operates when the visibility in the area of operation is equal to or less than 200 metres.

2.  A promulgated passage plan including operational times is to be made available to appropriate regulatory authorities and published on the Port Phillip Ferries website.

3.  Situational awareness tools including radar and electronic chart plotter with displayed AIS tracks are to be used.

4.  The Master of the MV Geelong Flyer shall ensure that the installed AIS transceiver is active at all times while the ferry is underway.

5.  A lookout who is suitably trained and briefed, in addition to the Master of the ferry, is present on the bridge while the ferry is operating the area applicable to this exemption.

6.  Safety Management System for MV Geelong Flyer is to reflect the operational requirements for operations on Victorian waters and the Yarra River transit. The Safety Management System to include;

• Passage plan and operations Portarlington to Docklands and Geelong
• Speed during transit from Portarlington to beacons 23 and 24 in relation to general operations and operations in heavy traffic and reduced visibility
• Qualifications of crew
• Training requirements for masters, mates and lookouts for operations between the southern drip line of the West Gate Bridge and a line joining beacons 23 and 24 including but not limited to simulated emergency stopping, restricted visibility and evasive action training including situational awareness and lookout/master response, and specifically:

1. NSCV F2 Fast Craft Training
2. Lookout Training
3. Vessel Handling Training
4. Advanced Navigation Training

• Docking and entering/ departure Portarlington and Geelong
• Details of vessel operations
• Specific duties of lookout
• Emergency contact details
• Communication requirements with the Master of the Yarra Punt
• Procedures for reporting Reportable Marine Incidents as per Marine Safety Act 2010
• Specific details of reporting locations for Melbourne VTS and details to be provided to VTS
• Requirement to display amber light

8.  The Director Maritime Safety Victoria reserves the right to cancel or amend the exemption or conditions in his or her right, or on the advice of the Harbour Master, Victorian Ports Corporation Melbourne should hitherto unforeseen risks be identified or to impose additional conditions or vary current conditions. The exemption is subject to periodic review.

4. Duration

This notice of exemption commences on   08  / 11  / 2019.

______________________

Anil Chadha

DEPUTY DIRECTOR (OPERATIONS)

MARITIME SAFETY VICTORIA

Delegate of the Director, Transport Safety

On this day    07 /  11    / 2019.

Exemption Notice 4

Marine Safety Regulations 2012 (Vic)
Regulation 9(1) notice
Out Doors Inc.

1. Application

This notice of exemption applies to participants and those involved in activities organised by Out Doors Inc.

2. Exemption

Participants and those involved in activities organised by Out Doors Inc. are exempt from the requirements of:

• Regulation 100(1), Regulation 100(2) and Regulation 100(3) of Division 4 – PFD Requirements, Part 6 – Operations of vessels (general) of the Marine Safety Regulations 2012, subject to the following conditions.

3. Conditions

Participants and those involved in activities organised by Out Doors Inc. must at all times:

• Wear a Type 1 PFD as detailed in Part 2 – PFD Type 1 of Schedule 1 of the Marine Safety Regulations 2012; or
• Wear any of the following PFDs:
  • NRS Big Water Life Jacket, US Coast Guard Type V;
  • NRS Zen Rescue Life Jacket, US Coast Guard Type V;
  • Astral Buoyancy Green Rescue Life Jacket, US Coast Guard Type V; or
  • Kokatak Maximus Centurion Rescue Life Jacket, US Coast Guard Type V.
    The wearing of PFDs above only apply between the hours of sunrise to sunset.
• Out Doors Inc. is required to report to Maritime Safety Victoria any safety issues associated with the wearing of the PFDs listed and must report any Reportable Marine Incidents as per the requirements of the Marine Safety Act 2010

4. Duration

This notice of exemption:

• Commences on the date of publication of this notice in the Victorian Government Gazette; and
• Is granted for three years from commencement.

Dated 16 October 2018

Exemption Notice 5

Marine Safety Act 2010 (Vic)
Marine Safety Regulations 2012 (Vic)

I, Cameron Toy, Director Maritime Safety(as delegate of the Director, Transport Safety) in exercise of the powers vested in me under section 260 of the Marine Safety Act 2010 (Vic) (the Act) and regulation 9 of the Marine Safety Regulations (the Regulations) hereby give notice of the following exemption.

1. Application

This exemption applies to owners and masters of kayaks and canoes that are powered by an electric motor with a power output of no more than 40 pounds thrust, 1 horsepower or 750 watts, and that are recreational vessels operating on State waters.

This notice only exempts the above owners and masters from the provisions of the Act and the Regulations set out at clause 3 of this notice including the items listed in the tables under clause 3(4).

This exemption is subject to the conditions set out at clause 2 of this notice.

2. Conditions

This exemption is subject to the following conditions.

The master of a vessel to which this exemption applies must:

• (a) at all times, travel at a speed of no more than 5 knots;
• (b) at all times, equip the vessel with one or more paddle/s, or a pedal mechanism;
• (c) when operating on inland waters, equip the vessel with –
  • (i) a mobile phone in a waterproof pouch; or
  • (ii) a personal locator beacon (PLB);
• (d) when operating on enclosed waters or coastal waters that are less than 2 nautical miles from the coast, equip the vessel with at least one of the following means of raising the alarm —
  • (i) a mobile phone in a waterproof pouch; or
  • (ii) an emergency positioning indicating radio beacon (EPIRB) or a PLB; or
  • (iii) a marine radio; or
  • (iv) two hand-held orange smoke signals; or
  • (v) two hand-held red distress flares.
• (e) when operating on coastal waters that are more than 2 nautical miles from the coast, equip the vessel with all of the following additional equipment –
  • (i) two hand-held orange smoke signals; and
  • (ii) two hand-held red distress flares.

3. Exemption

• (1)     In accordance with section 260(1)(c) of the Act, owners and masters of a vessel to which this exemption applies are exempt from the requirements of section 37 of the Act – offence if recreational vessel not registered (subject to the conditions set out at clause 2).
• (2)      In accordance with section 260(1)(c) of the Act, masters of a vessel to which this exemption applies are exempt from the requirements of section 46 of the Act – offence to be a master of registered recreational vessel without a marine licence or in breach of conditions of marine licence (subject to the conditions set out at clause 2).
• (3)      In accordance with section 260(1)(c) of the Act, owners of a vessel to which this exemption applies are exempt from the requirements of section 52 of the Act - offence to allow a non-licensed person to be the master of a registered recreational vessel (subject to the conditions set out at clause 2).
• (4)      In accordance with regulation 9 of the Regulations, and subject to the conditions set out at clause 2 of this notice, masters of a vessel to which this exemption applies are exempt from the following requirements of regulation 96 – safety equipment required for recreational vessels, as set out in Schedule 3 of the Regulations:

Safety equipment exempted from:

TABLE A
Regulations 96(1), 96(7) on Coastal Waters

TABLE C
Regulations 96(3), 96(7) on Enclosed Waters

TABLE E
Regulations 96(5), 96(7) on Inland Waters

• (5)      In accordance with regulation 9 of the Regulations, and subject to the conditions set out at clause 2 of this notice, masters of a vessel to which this exemption applies are exempt from regulation 97 of the Regulations – firefighting equipment required for recreational vessels.

4. Scope of exemption

For the avoidance of doubt, this exemption applies only with respect to:

• (a)   kayaks and canoes that are powered by an electric motor with power output as indicated at clause 1 of this notice, that are recreational vessels operating on Victorian State waters, and
• (b)   the provisions of the Act and the Regulations listed above.

Owners and masters of vessels that are the subject of this exemption must at all times comply with all other requirements set out in the Act and the Regulations, including:

• (a)   the requirement to adhere to all relevant State waterway rules made under section 184 of the Act; and
• (b)   the requirement that masters of mechanically powered vessels equip the vessel with all items of safety equipment that are not listed at clause 3 of this notice above, as required by regulation 96 of the Regulations.

5. Duration

This exemption commences on 1 July 2020 and continues until suspended, cancelled or altered by the Director, Transport Safety.

Dated 29 June 2020

Cameron Toy
Director, Maritime Safety
Delegate of the Director, Transport Safety

Transport Safety Victoria

Published in the Victoria Government Gazette No. S317 Tuesday 30 June 2020

Changes to the VOZR

From time to time, these rules may need to be amended due to local conditions and boating activity or works. The following pages provide more information about current changes to waterway rules:

• Emergency or urgent waterway rules - current emergency waterway closures, emergency directions and urgent safety rules.

• Permanent waterway rule changes - new or amended permanent waterway rules, proposed waterway rules and decisions made by the Safety Director about waterway rules.

• Temporary waterway activities - temporary waterway rule changes, exemptions or exclusion zones for on-water events, boating activity or works.