New South Wales Maritime Safety Laws Overhauled
NSW Minister for Ports & Waterways, Joe Tripodi, has recently announced major changes to New South Wales marine safety laws.
The reforms include the introduction of new penalties for dangerous behaviour on NSW waterways and Water Police and NSW Maritime Officers have been given broader powers to enforce the law and direct boaters to act safety. These new powers will include the power to deregister boats on the spot for breaches of the law, including for insufficient lighting.
Fines have also been dramatically increased for dangerous navigation, overloading a vessel, endangering public safety and driving whilst disqualified and boat operators face up to two years jail for overloading their vessels.
The fine for recreational boats guilty of dangerous or negligent navigation will rise from $1,500 to $5,000 and the penalty for causing danger and excessive wash has been increased to $5,500. The maximum fine for operating an overloaded vessel will climb to $44,000 and a new offence of dangerous driving causing grievous bodily harm has been created and will attract up to two years jail and fines up to $110,000.
Under the planned changes aspiring skippers will be required to undergo a practical test before being granted a boating licence.
Other elements of the new maritime safety laws include:
- creation of a new offence of operating an unsafe vessel;
- a new system of maritime alerts to warn of dangerous conditions, covering bar crossings, rock fishing and alpine boating;
- requiring vessels to display information for passengers on life jackets, maximum passenger numbers, restrictions on alcohol and skipper responsibilities;
- new signage requirements for overhead electrical crossings; and
- changes to training and safety standards for off-shore sailing in New South Wales.
In introducing the new boating laws Minister Tripodi said “This is the biggest overhaul of marine safety rules and practices in a decade”.
Written by Anthony Highfield, Partner
