Qld Maritime Legislation

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Qld Maritime Legislation

Postby liam8227 » Tue Jan 24, 2012 8:43 pm

I had a long chat with a colleague who worked in the Water Police. Essentially a kayak is a vessel or "ship". This means that the same rules and stipulations apply to a kayak as apply to a tinny or other boat. Of particular note is EPIRB. A PLB is not considered sufficient to act in place of an EPIRB. If you Kayak over two nautical miles from shore or (beyond partially smooth waters) an EPIRB is required. The legislation is below.

Transport Operations (Marine Safety) Act 1994

S10 Meaning of ship
(1) A ship is any kind of boat or other vessel used, or intended to be used, in navigation by water or for any other purpose on water.
(2) Without limiting subsection (1), a ship includes a boat or other vessel—
(a) whatever its size; and
(b) however it is propelled or moved; and
(c) whether it is on land or in water.
(3) A ship includes, for example—
(a) a barge, lighter or other floating vessel; and
(b) a hovercraft or other surface effect craft.
(4) A ship does not include a vessel declared by regulation not to be a ship.
(5) A regulation may provide that a ship includes an aircraft when it is on water or is taking off, or landing on, water.
(6) Except as provided by a regulation under subsection (5), a ship does not include an aircraft.
(7) A reference to a ship includes the ship’s equipment.

s41 General safety obligation of ship owners and masters about condition of ships
(1) The owner and master of a ship must not operate the ship unless the ship is safe.
Maximum penalty—500 penalty units or imprisonment for 1 year.
(2) However, if the contravention of subsection (1) causes a marine incident involving the death of, or grievous bodily harm to, a person, the owner and master commit an indictable offence and are liable to a maximum penalty of 5000 penalty units or imprisonment for 2 years.
(3) For the purposes of this section, a ship is safe if it is seaworthy, and is appropriately equipped and crewed, to meet the ordinary perils of the voyage on which the ship is proceeding or about to proceed.

Transport Operations (Marine Safety) Regulations 2004

s9A Ship to be equipped with EPIRB
(1) The ship must be equipped with an EPIRB that—
(a) has an operational frequency of 406MHz; and
(b) complies with AS/NZS 4280.1:2003; and
(c) has been registered under section 9B by the owner or master of the ship on which the EPIRB is to be operated; and
(d) has up-to-date registration; and
(e) has attached to it a current registration label issued by AMSA.
(2) For subsection (1)(d), an EPIRB has up-to-date registration if—
(a) there has been no change in the particulars given by the owner or master of the ship to AMSA under section 9B for the registration of the EPIRB; or
(b) notice of each change in the particulars has been given by the owner or master of the ship to AMSA under section 9C for the EPIRB.
(3) An EPIRB that complies with this section is safety equipment to which section 44 of the Act applies.

s29 Lighting devices for signalling for recreational ship on water at night
(1) Despite section 27(1)(c), this section also applies to a recreational ship mentioned in section 60(2)(f) and (i).
(2) A recreational ship on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.
Examples of lighting devices—
torches, lanterns, fluorescent lights and cyalume sticks
(3) Also, the ship must display a flashing white all-round light if the ship—
(a) is used for training or competition; and
(b) is not powered but is propelled by using oars or paddles; and
(c) is operated on the Brisbane River.
(4) Subsections (2) and (3) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 126.

30 Safety equipment for recreational ship operating in smooth waters
(1) A recreational ship, other than a personal watercraft, operating in smooth waters must be equipped with—
(a) a PFD type 1, 2 or 3 for each person on board; and
(b) if the ship is more than 5m, firefighting equipment capable of extinguishing fire on the ship quickly and effectively.
(2) However, subsection (1)(a) does not apply if—
(a) the ship operates in a river, creek, stream or the waters contained within breakwaters or revetments; and
(b) the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and
(c) there is a statement in the approved form for the ship that the ship has positive flotation.

31 Safety equipment for recreational ship operating in partially smooth waters and beyond
(1)
A recreational ship, other than a personal watercraft, operating in or beyond partially smooth waters must be equipped with—
(a) (b)
if the ship is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and
if the ship is operating beyond partially smooth waters—a PFD type 1 for each person on board; and
(c) a V sheet; and
(d) 2 handheld red flares; and
(e) 2 handheld orange smoke signals; and
(f) if the ship is more than 5m—firefighting equipment capable of extinguishing fire on the ship quickly and effectively.
(2) The flares and signals mentioned in subsection (1)(d) and (e) must conform to—
(a) the USL code; or
(b) SOLAS; or
(c) AS 2092—2004.
PB from the Yak Estuary Cod 52cm, GT 65cm, Bar Tail Flathead 41cm, Dusky 55cm, Long Tom 45cm, Pikey Bream 41cm, Snapper 71cm, School Mackerel 73cm,
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Re: Qld Maritime Legislation

Postby nezevic » Tue Jan 24, 2012 9:01 pm

So to interpret that we are required to wear a pfd type 1 offshore in qld waters?And are required to carry flares and a vsheet?
Cheers,
Jon

Snap: 65cm, Grassy: 58cm, Bass: 44cm, Cobe: 20kg, Longtail: 98cm, Jewfish: 11.5kg, Hammer ~1.5m, Spaniard: 126cm

Hey Ken, I'm just going to clean my fish.
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Re: Qld Maritime Legislation

Postby liam8227 » Tue Jan 24, 2012 9:20 pm

Jon thats how it reads. I did ask about the flares and Vsheet and was told that they should be carried. For the PFD1 there are maps (which I don't have) that indicate where partially smooth waters are. I believe in coastal areas within 2 nautical miles of the coast is considered to be partially smooth waters (I have found a Qld gov map that reflects this just trying to get an image I can download). Which would mean PFD 2 is acceptable.
PB from the Yak Estuary Cod 52cm, GT 65cm, Bar Tail Flathead 41cm, Dusky 55cm, Long Tom 45cm, Pikey Bream 41cm, Snapper 71cm, School Mackerel 73cm,
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Re: Qld Maritime Legislation

Postby liam8227 » Tue Jan 24, 2012 9:33 pm

Jon I will try and clarify the life jacket requirement during the week. Im out of the office tomorrow but back on thursday. I will see what I can find.
PB from the Yak Estuary Cod 52cm, GT 65cm, Bar Tail Flathead 41cm, Dusky 55cm, Long Tom 45cm, Pikey Bream 41cm, Snapper 71cm, School Mackerel 73cm,
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Re: Qld Maritime Legislation

Postby RedPhoenix » Tue Jan 24, 2012 10:04 pm

Caveat: both Qld and NSW have specific exceptions for unregistered vessels; NSW has specific exemptions for Kayaks.
"While boats that do not require registration are not obliged to carry compulsory safety equipment, it is strongly recommended appropriate equipment is taken in the event of an emergency."

In particular:
http://www.msq.qld.gov.au/~/media/d7f7a ... ipment.pdf

* Epirb required beyond partially smooth waters, as Liam mentions.
* PFD's recommended. Required for crossing designated bars.
* V Sheet is recommended, but not required.
* Flares recommended but not required.
* Bailing equipment recommended.

That said, logic dictates that PFD's really should be worn at all times; the higher rated, the better - and the more safety equipment you have on board, the better off you'll be in an emergency, and the less chance you'll have of being a waterlogged body that some poor water rat has to fish out of the ocean.

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Re: Qld Maritime Legislation

Postby ArWeTherYet » Tue Jan 24, 2012 10:38 pm

Clears as mud.
Who writes this crap?
There use to be specific rules regarding kayaks, which is what Red has out lined, but now its gone, so we're at the hands of who ever interprets the rules.:roll:
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Re: Qld Maritime Legislation

Postby kayakone » Tue Jan 24, 2012 10:39 pm

Paul

Read the bit about 2 pipe wrenches and some primer. :lol: :lol:
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Re: Qld Maritime Legislation

Postby ArWeTherYet » Tue Jan 24, 2012 10:52 pm

kayakone wrote:Paul

Read the bit about 2 pipe wrenches and some primer. :lol: :lol:


Thats fine I have those and the other safety stuff as well........but if water police dont know the rules concerning kayaks, does it mean I have to carry all that crap when its not necessary?
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Re: Qld Maritime Legislation

Postby nezevic » Wed Jan 25, 2012 6:27 am

Hmmm... I geared up acording to the pdf Red has posted. However, if i have to follow the regs specifically then what? Interesting.

One thing i found out from whitworths when i was gearing up originally is the following...

s29 Lighting devices for signalling for recreational ship on water at night
(1) Despite section 27(1)(c), this section also applies to a recreational ship mentioned in section 60(2)(f) and (i).
(2) A recreational ship on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.
Examples of lighting devices—
torches, lanterns, fluorescent lights and cyalume sticks
(3) Also, the ship must display a flashing white all-round light if the ship—
(a) is used for training or competition; and
(b) is not powered but is propelled by using oars or paddles; and
(c) is operated on the Brisbane River.
(4) Subsections (2) and (3) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 126.

I wasn't aware of these. A strobing light is not sufficient on the Brisbane River apparently. There is apparently some confusion between the strobe on a city cat and what would potentially be on a paddle craft. (how someone could get them confused i don't know but...) Whitworths sell a light specifically for the purposes of use on the Brisbane river to meet this requirement. It is only small and is able to be clipped onto an article of clothing (eg hat) to ensure it is the highest point on the vessel.
Cheers,
Jon

Snap: 65cm, Grassy: 58cm, Bass: 44cm, Cobe: 20kg, Longtail: 98cm, Jewfish: 11.5kg, Hammer ~1.5m, Spaniard: 126cm

Hey Ken, I'm just going to clean my fish.
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Re: Qld Maritime Legislation

Postby BIGKEV » Wed Jan 25, 2012 7:42 am

nezevic wrote: (3) Also, the ship must display a flashing white all-round light if the ship—
(a) is used for training or competition; and
(b) is not powered but is propelled by using oars or paddles; and
(c) is operated on the Brisbane River.


These clauses were introduced specifically in regards to the rowing clubs & schools that train on the river in the early hours of the morning after a city cat ran one of them over on a dark and foggy winters morning. I know rules is rules but to suggest that this should be applied to a fishing kayak outside the general city cat operating area (Pinkenba and beyond) is taking it to the extreme. Hopefully the officers act with some discretion and apply a liberal dose of common sense. I know that Alan - AJD had a few encounters with wate police on his ventures into the river at night chasing threadies around the mouth and has mentioned somewhere on here that he was told in no uncertain terms that he required and all round white light higer than the highest point on his yak (head height or higher)

In regards to PFD's and epirbs, well if your going to be nearly 4klm from land I would hope that you do carry these and more.


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Re: Qld Maritime Legislation

Postby grinner » Wed Jan 25, 2012 10:45 am

very good thread and liam, i hope you educate your colleagues at water police because some of them are quite confused.

i had a bit of an arguement with one who swore black and blue it was an epirb for more than a kilometre offshore.(this was in the boat).

i know of another guy who got fined (and later challenged it successfully) as they told him he needed a yearly certificate of inspection on hios fire extinguisher.

also red, you may be interested that inflatable pfd's also according to some police need a yearly inspection and according to others do not ???

liam , i hope you join the water police though my inspector neighbour says its hard to hold guys there as there is no career advancement past senior sargent.

also liam, can you clarify if police are allowed to inspect askies. i had a water police guy tell me they cant and another tell me they can???


leigh , the full gambit of safety requirements would also require

a map
1 litre of fresh water
a reflective mirror (to check your good looks mate and apply make up before you take a happy snap).

thanks for posting liam though i think they really only target boats.
has anyone in qld EVER had water police stop them for an inspection. i get stopped in my boat at peel every second weekend.
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Re: Qld Maritime Legislation

Postby liam8227 » Wed Jan 25, 2012 10:57 am

I should clarify the flares and V sheet. It is a should, not a must. The EPIRB on the other hand is a requirement. I should think where the trouble would come would be in an emergency rescue scenario. Failure to carry sufficient safety gear may become a legal issue.
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Re: Qld Maritime Legislation

Postby liam8227 » Wed Jan 25, 2012 11:11 am

Pete I have had fisheries and water police inspect every boat around me without inspecting my vessel. However it doesn't mean they won't. There is a general power to search, persons, vehicles, places etc. There are also specific powers under different Acts. Police are empowered to enforce all state law which would mean that if the power exists under fisheries law then police can utilize that power.

With a lot of the legislation there is differing opinion on how it is applied. When something goes to court the judge or magistrate in the lower courts can make findings which become case law, which can modify how that particular law is applied. As applies to kayaks it would appear that the maritime laws apply however if MSQ are advising a variant (pfd) I would refer to that should trouble arise. I didn't see an age on that document, just be careful that it hasn't been superseded by changes in legislation.
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Re: Qld Maritime Legislation

Postby grinner » Wed Jan 25, 2012 11:37 am

thanks very much liam

what you said makes sense. theres a young policeman on a jetski who ALWAYS comes over for a chat,
great job i reckon. he should be trolling a spoon though.

yes, i thought police had the power to inspect eskies but i know a lot of boaties who say they dont.

leigh could probably tell you about the day the police ran aground between victoria point and coochie. got a lot os cheering from the shore, :lol: :lol:
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Re: Qld Maritime Legislation

Postby kayakone » Wed Jan 25, 2012 11:52 am

BIGKEV wrote:... I know that Alan - AJD had a few encounters with water police on his ventures into the river at night chasing threadies around the mouth and has mentioned somewhere on here that he was told in no uncertain terms that he required and all round white light higher than the highest point on his yak (head height or higher)
Kev



Yep. So Alan built a street light, and took it along with him. He was visible from Moreton Is.

Looking for the instructions on how to....
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Whaler 1.5m; Tailor 65cm; Bream 43cm; Jew 82 cm;Snapper 85cm; Flathead98 cm; Estuary cod55cm; Spotted mackeral96 cm; Papuan trevally120 cm & 20 kg; Barracuda100 cm; Spanish77 cm; Longtail tuna120 cm (15 kgs); 2 X Sting rays, one got me (twice) 175 cm
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