Commercial Vessels Act 1979 Order Exempting Vessels Engaged in Navigation of Whitewater from the Requirements for Construction, Equipment, Certificates of Competency and Safety Manning (1993-323) [GG No 80 of 16.7.1993] (NSW)
1993—No. 323
COMMERCIAL VESSELS ACT 1979
Order Exempting Vessels Engaged in Navigation of Whitewater from the
Requirements for Construction, Equipment, Certificates of Competency and
Safety Manning
NEW SOUTH WALES
[Published in Gazette No. 80 of 16 July 1993]
THE Maritime Services Board of New South Wales in pursuance of
Section 48 of the Commercial Vessels Act 1979, declares by this Order, that the provisions of the Commercial Vessels (Permits) Regulation 1986, the Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986 and the Commercial Vessels (Equipment) Regulation) 1986 do not apply to a vessel used exclusively for navigation
of whitewater provided the vessel is constructed, equipped, manned and
relevant fees paid in accordance with the Whitewater Code set out
hereunder.In this order “whitewater” means those Sections of rivers consisting of a series of rapids and waterfalls navigable only by rafts, canoes or similar vessels.
NSW Whitewater Code
Part 1—Preliminary
Application of the Code
This Code applies to all rafts used in commercial whitewater operations.
Definitions
In this Code unless otherwise defined:
“approved” means approved by the Board;
“Board” means the Maritime Services Board of New South Wales;1993—No. 323
“commercial whitewater operation” means those operations in which persons are carried on rafts through the rapids of rivers for money, reward or other valuable consideration;
“Grade” in relation to a rapid means the grade specified in the International Rapid Grading System listed in Schedule “A” of this Code:
“Guide” means a person who holds a licence as a Guide issued by theBoard;
“PFD” means an approved personal flotation device;
“raft” means a raft used for commercial whitewater operations and which has been constructed and maintained in accordance with a Standard approved by the Board;
“Record of Service Book” means a book issued by the Board in which the experience of a person engaged in whitewater operations is recorded;
“river day” means an aggregate period of at least 5 hours of commercial whitewater operations in a day between boarding and securing the raft for the night;
“Standard” means the British Standard MA: 16–1971 for the construction of inflatable rafts and any other Standard approved by the Board;
“Trip Leader” means a person who holds a licence as a Trip Leaderissued by the Board.
Part 2—Safety of Passengers
| 1. | Operational restrictions Commercial whitewater operations must not be conducted: |
• in rapids of Grade 5 and 6; or
• during hours of darkness, or in conditions such as fog, mist, heavy rain, falling snow, sleet, hail, or conditions which similarly affect good visibility.2. Restriction on consumption of alcohol or a drug
A Trip Leader or Guide must not be impaired by alcohol or a drug at any time between the commencement and completion of an expedition.
| A Trip Leader must not permit a person to board a raft if that person appears to be: (a) impaired by alcohol or a drug; or |
| (b) a threat to the safety of that person or a persons(s) on the raft. |
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3. Loading of rafts
(a) A raft must not be loaded with persons and equipment whose combined weight exceeds that specified by the manufacturer. (b) When a raft is fitted with a cargo frame(s) the number of passengers must be reduced by the number of person positions occupied by the cargo frames(s) 4. Preparation for an expedition
Before commencing an expedition the Trip Leader must:
(a) visually check each raft thoroughly for any damages or defects which could render it unsafe for the expedition; (b) ensure that the rated working pressure of the buoyancy chamber(s) conform with the manufacturer’s specifications; and (c) ensure that each raft is equipped in accordance with the
requirements of Schedule “B” and that the equipment is in good working condition;
(d)
ensure that all equipment in each raft including storage boxes and other objects which could injure persons during the expedition are properly stowed and secured;
(e) ensure that loose bights or ends of cordage are secured;
(f) ensure that each passenger has received instructions which
include : (i) familiarisation and warning in respect of the hazards in the rapids to be encountered;
(ii) procedures for routine operations while on the water and when shooting a rapid;
(iii) seating arrangements;
(iv) general safety instructions;
(v) the use and wearing of PFDs;
(vi) procedures for emergencies, casualties, swamping, capsizing and person overboard;
(vii) advice that once the expedition has commenced a person may not be able to leave the raft before the end of the day’s rafting;
(g)
ensure that an evacuation plan is agreed upon between the Trip Leader, Guides and the responsible person described in Clause 7, before the commencement of an expedition; and this plan must ensure that the expedition is at all times under the direct supervision of the Trip Leader; and the plan must not rely on a passenger leaving the expedition by raft or on foot to seek outside assistance; and
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(h)
ensure that the Trip Leader, the Guide and all passengers wear their PFDs and helmets before entering and while on the raft; and ensure that the PFD is worn correctly by physically checking the PFD of each passenger.
5. Crewing of an expedition
A Group or Individually Guided expedition must be crewed in accordance with the requirements set out in Schedule “C”. 6. Conduct on the water
| ||||||||
| 7. |
On-shore requirements during the entire period in which the rafts are engaged in commercial whitewater operations. This person must:
(a)
hold a list of rescue organisations which must be contacted in an emergency or where contact is lost with the rafts and there is reasonable cause to believe that such loss of contact amounts to an emergency;
(b)
hold a list of names of all persons who are engaged in the commercial whitewater operation;
(c) be available at all times to be contacted by the Trip Leader;
(d)
monitor the progress of the commercial whitewater operation by making radio contact with the Trip Leader at predetermined intervals agreed with the Trip Leader; and
(e)
immediately alert rescue organisations after repeated attempts to establish contact with the Trip Leader have been unsuccessful.
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| 8. | If during the course of whitewater operations an accident occurs which | Procedures in case of an accident (b) an injury to a person requiring hospitalisation; or |
| ||
| the Trip Leader and Guide must, as soon as possible, inform the Board and forward the Accident Reporting Form as per Schedule “D” duly completed, to the Board. |
Part 3—Licensing
| 9. | Classification of licences The Board will issue 2 classes of licences: |
| (a) Trip Leader; and (b) Guide. No licence will be issued to a person with artificial limbs. |
10. Application for a licence as a Trip Leader
To obtain a licence as a Trip Leader a person must:
(a) be at least 21 years of age;
(b)
have held a licence as a Guide for at least 1 year prior to the date of the application; and
(c) complete the relevant application form; and
(d) submit the completed application form to the Board together with:
(i) a copy of the licence as a Guide;
(ii) a copy of documents evidencing experience as per Schedule “E”;
(iii) a copy of documents evidencing successful completion of training courses as per Schedule “F”;
(iv) the first aid certificate (original) as per Schedule “G”; (v) the medical certificate (original) as per Schedule “H”;
(vi) the character references (originals) from two persons listed
in Schedule “I”; and
(vii) the relevant fee as per Schedule “J” .
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11. Application for a licence as a Guide
To obtain a licence as a Guide a person must:
(a) be at least 18 years of age;
(b) complete the relevant application form; and
(c) submit the completed application form to the Board together with:(i) a copy of documents evidencing experience as per Schedule “E” ;
(ii) a copy of documents evidencing successful completion of training courses as per Schedule “F”;
(iii) the first aid certificate (original) as per Schedule “G”; (iv) the medical certificate (original) as per Schedule “H”;
(v) the character references (originals) from two persons listed in Schedule “I”; and
(vi) the relevant fee as per Schedule “J”.
12. General powers of the Board
The Board reserves the right to:
(a) take and retain copies of any documents provided by the
ap p 1 i c ant ;
(b) make any enquiries of any person, in writing or otherwise, to verify the information provided by the applicant or contained in the Record of Service Book; and (c) reject any application when it has found that information provided by the applicant is false, misleading or untrue. Where copies of documents are requested, the originals must be produced for verification at the time of submitting the application otherwise the application will not be processed.
13. Issue of licence
After the applicant has satisfactorily complied with the provisions of clauses 10 or 11 above as the case may be, the Board may:
(a) issue the applicant with the appropriate class of licence; and
(b)
endorse the licence with the maximum grade of rapid commensurate with the applicant’s experience.
14. Validity of licence
The Board may issue an initial licence as a Trip Leader or Guide, as the case may be, for 5 years.
1993—No. 323
The Board may renew the licence for further periods of 5 years provided that the applicant for renewal of a licence:
(a) has held a licence for which renewal is sought; and
(b) applies to the Board in an approved form which must be accompanied by: (i) a copy of documents evidencing experience as per Schedule “E (1)”;
(ii) a copy of documents evidencing successful completion of training courses as per Schedule “F” ;
(iii) a valid first aid certificate (original) as per Schedule “G”;
(iv) a current medical certificate (original) as per Schedule “H”; and
(v) the relevant fee as per Schedule “J”.
15. Conditions of licence
A licence may be issued subject to such conditions as determined by the Board.
It is a condition of every licence that the first aid certificate and medical certificate remain current during the period of validity of the licence.
The Board may at any time suspend or cancel a licence for a breach of
any licence condition.
The Board may at any time determine that the holder of a licence must undergo an examination or additional special training in the interest of public safety. If a holder does not undergo this examination or training within a reasonable time the Board may suspend or cancel the holder’s licence.
16. Authority of a licence
A licence as a Trip Leader or Guide does not authorise a person to engage in commercial whitewater operations in rapids of Grade 5 or 6.
(a) A licence as Trip Leader authorises the holder to supervise:
(i) a maximum of 15 rafts in Group Guided expeditions; or (ii) a maximum of 5 rafts in Individually Guided expeditions
in the maximum grade of rapid endorsed on that licence.
(b)
A licence as Guide authorises the holder, under the authority of a Trip Leader, to supervise:
(i) a maximum of 3 rafts in Group Guided expeditions; or
(ii) 1 raft in Individually Guided expeditions
in the maximum grade of rapid endorsed on that licence.
1993—No. 323
SCHEDULE “A”
International Rapids Grading System
| Grade 1 | Rapids are small regular waves. The passage is clear and easy to recognise and negotiate. Care may be needed with obstacles like fallen trees and bridge piers. |
| Grade 2 | Rapids with regular medium-sized waves (less than 1 metre); low ledges or drops; easy eddies and gradual bends. The passage is easy to recognise and is general unobstructed although there may be rocks in the main current, overhanging branches or log-jams. |
| Grade 3 | Rapids with fairly high waves (1-2 metres); broken water; stoppers and strong eddies; exposed rocks; small falls. The passage may be difficult to recognise from on the river and inspection from the bank may be required. Manoeuvring Manoeuvring to negotiate the rapid is required. |
| Grade 4 | Difficult rapids with high, powerful, irregular waves; broken and confused water; often boiling eddies; strong stoppers; ledges, drops and dangerous exposed rocks. The passage is often difficult to recognise and inspection from the bank is essential. Precise and sequential manoeuvring is required. |
| Grade 5 | Very difficult rapids with confused and broken water; large drops; violent and fast currents; abrupt turns; difficult powerful stoppers and fast boiling eddies; numerous obstacles in the main current. Detailed inspection from the bank is essential. Complex, precise and powerful sequential manoeuvring is required. A definite threat to personal safety exists. |
| Grade 6 | All previous difficulties increased to the limit of practicability. Nearly impossible, very dangerous and cannot be attempted without a definite risk to life. |
1993—No. 323
SCHEDULE “B”
EQUIPMENT TABLE 1
EQUIPMENT FOR RAFTS
The items i n column 1 must be carried as specified in column 2.
COLUMN 1 COLUMN 2
Approved Personal Flotation Device 1 for each person Type 3
Approved helmet 1 for each person
Safety knife 1 for each Trip Leader and Guide
Bailer* (plastic) with line attached:
4 litre capacity or 2 for each raft 8 litre capacity 1 for each raft (*Not required for self-bailing rafts) Inflation pump 1 for every 5 rafts and must be capable of
inflating all rafts in the expeditionPaddle 1 for each person Bow line (buoyant) at least 5 metres long 1 for each raft Stern line (buoyant) at least 5 metres long 1 for each raft Rescue line (buoyant) at least 10 metres 1 for each raft which holds a Trip Leader in length with or without Throw Bag or Guide (Only in group guided
expeditions)Grablines (minimum 12 mm diameter) fitted to each raft and/or footholds Approved means of communication to 1 for each expedition contact shore station/emergency services First Aid Kit (as per Equipment Table 2) 1 for every 5 rafts Repair Kit (as per Equipment Table 3) 1 1 for every 5 rafts Map (see Note below) 1 for each expedition
Note: The Map must be the latest edition available and it must clearly show the river
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Equipment Table 2
First Aid Kit
The First Aid Kit must contain at least the following items:
First aid pamphlet
Adhesive tape 25mm and 50mmBandages: 9 gauze: 3 each of 25mm, 50mm and 75mrn
3 crepe: 75mm x 1 metre
3 triangular
Cotton tip applicators
Cotton woolDressings: Elastic adhesive (assorted sizes)
Pads sterile (Telfa or similar)
Wound
Finger stalls
Gauze pads: 100mm x 100mm
Safety pins
Scissors
Splints: 2 arm and 2 leg
Splinter forceps
Splinter probe
Tourniquet
Acriflavine or similar product
Antiseptic cream
Aspirin or similar product
Burn cream
Calamine lotion or similar productSunburn cream
Equipment Table 3
Repair Kit
The Repair Kit must contain at least the following items:
Patches of fabric/material suitable for use in repairing a tear in a raft of not less than
one metre
Suitable emory cloth or roughing tool
Suitable glue, cleaning solvent
Suitable patching tools
Channel lock or similar pliers
Spare valve and cover for each type of valve on each raft
Roll of duct tape
Screwdriver1993—No. 323
SCHEDULE “C”
CREWING REQUIREMENTS FOR GROUP AND INDIVIDUALLY GUIDED
EXPEDITIONS
Expedition type Expedition size Trip Leaders Guides Group Guided: Where it is 13 to 15 rafts, 1 4 intended to shoot maximum 25 rapids up to and passengers including Grade 4. 10 to 12 rafts, 1 3 maximum 20
passengers7 to 9 rafts, 1 2 maximum 15
passengers4 to 6 rafts, 1 1 maximum 10
passengers
2 to 3 rafts, I Nil maximum 5
passengers
Individually
Guided:
Where it is Maximum 5 rafts 1 4 intended to shoot rapids up to and including Grade 4.
Maximum 4 rafts 1 3
Maximum 3 rafts 1 2 Minimum 2 rafts 1 1
The minimum number of rafts in any expedition is two.
1993—No. 323
SCHEDULE “D”
Accident Reporting Form
| Were with you on the water | WHITE WATER ACCIDENT REPORT |
| PARTICULARS OF INCIDENT |
| DATE | TIME | LOCATION | BREATH ANALYSIS ADMINISTERED |
Yes [ ] Passed [ ] No [ ] Failed [ ] PARTICULARS OF OPERATORS AND GUIDES
Particulars of Operator
| Name: | .......................................................................................................... |
| Address: | ....................................................................................................... |
.............................................................................. Post Code: .......................
| Date | of | Birth: | ............................................................................................... |
| Phone | No: | ....................................... | Cert/Lic | No. | ....................................... |
Particulars of Leader and Guide
| LEADER | GUIDE |
| Name: | ............................................ | Name: | ............................................. |
| Address: | ......................................... | Address | : | .......................................... |
| ....................... Post Code ................ | ........................ Post Code ................ |
| Phone | No: | ...................................... | Phone | No: | ....................................... |
| Cert/Lic | No: | ................................... | Cert/Lic | No: | .................................... |
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Leader and Guide Experience/Qualifications
LEADER GUIDE ...................................................... ....................................................... ...................................................... ....................................................... ...................................................... ....................................................... ...................................................... ....................................................... Particulars of Raft
Make: .......................................................................................................................... Type: ........................................................................................................................... Capacity: .....................................................................................................................
No. on board raft: .......................................................................................................
| I |
| INJURIES AND FATALITIES |
No. of fatalities: Raft 1 [ ] Raft 2 [ ] Other [ ] No. of serious injuries: Raft I [ ] Raft 2 [ ] Other [ ] No. of minor injuries: Raft 1 [ ] Raft 2 [ ] Other [ ] DAMAGE TO PROPERTY (Give details of damage to all rafts and/or property)
Estimated Cost of Damage: Raft 1 [$ ] Raft 2 [$ ]
Other Property [$ 1 INCIDENT DESCRIPTION: DESCRIBE WHAT HAPPENED (Sequence of events. Include failure of equipment. If diagram is needed attach separately. Include any information regarding the involvement of alcohol and/or drugs in causing or contributing to the incident. Include any descriptive information about the use of PFDs. List any witnesses who are prepared to give evidence).
.................................................................................................................................
.................................................................................................................................
...............................................................................................................................
....................................................................................................................................
...............................................................................................................................
....................................................................................................................................
Police Attendance: Yes [ ] No [ ] Name of police in attendance: ................................. Phone No: .................................
(continue on additional sheet if necessary)
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PERSON COMPLETING REPORT (to be completed in BLOCK letters apart from signature)
| Name: | ......................................................................................................................... |
| Address: | ...................................................................................................................... |
| Telephone: | .................................................... | Date: | ................................................... |
| Signature: | .................................................................................................................... |
| Proposed | future | action: | ................................................................................................ |
...................................................................................................................................
Return to: Commercial Vessels Branch, MSB Waterways Authority, PO Box R228,
Royal Exchange NSW 2000. Fax (02) 364 2137
SCHEDULE “E”
Initial Licence Experience
The experience required for an initial licence as a Trip Leader or Guide is as shown
below:
Trip Leader:
An applicant must have:
(a) held a valid licence as a Guide for a period of at least 2 years and have acted as a Guide for at least 9 river days within the year immediately preceding the application; (b) completed as a licensed Guide within the 2 years immediately preceding the application at least; (i) for a rapid of Grade 1 or 2—10 river days in rapids of Grade 1 or 2; (ii) for a rapid of Grade 3—30 river days in rapids of Grade 3 or higher; (iii) for a rapid of Grade 4—70 river days in rapids of Grade 4 or 5;
(c)
a thorough knowledge of the construction of a raft and be capable or repairing and replacing parts of the raft.
Guide:
An applicant must have:
(a) completed under the supervision and to the satisfaction of a licenced Trip Leader within the year preceding the date of the application at least; (i), for a rapid of Grade 1 or 2—10 river days in rapids of Grade 1 or 2; (ii) for a rapid of Grade 3—15 river days in rapids of Grade 3 or higher; (iii) for a rapid of grade 4—20 river days in rapids of Grade 4 or 5; and
(b)
a thorough knowledge of the construction of a raft and be capable of repairing and replacing parts of the raft.
Proof of experience
Every applicant for a licence must produce proof of experience. The Board will
accept a duly completed Record of Service Book as proof of that experience.
1993—No. 323
SCHEDULE “E” (1)
Renewal Experience
The experience required for renewal of a licence as a Trip Leader or Guide is as shown below:
Trip Leader
An applicant must have:
(a) completed at least 30 river days as a licensed Trip Leader in the grade of rapid for which renewal is sought within the 5 years preceding the date of the application; (b) completed as a licenced Trip Leader within 2 years immediately preceding the applicant at least; (i) for a rapid of Grade 1 or 2—5 river days in rapids of Grade I or 2; (ii) for a rapid of Grade 3—15 river days in rapids of grade 3 or higher; (iii) for a rapid of Grade 4—20 river days in rapids of Grade 4 or 5; and
(c) completed such training courses as the Board may determine from time to time.
Guide
An applicant must have:
(a) completed at least 30 river days in the grade of rapid for which renewal is sought within the 5 years preceding the date of the application; (b) completed as licenced Guide within the year preceding the date of the application at least; (i) for a rapid of grade 1 or 2—5 river days in rapids of Grade 1 or 2; (ii) for a rapid of grade 3—8 river days in rapids of Grade 3 or higher; (iii) for a rapid of Grade 4—10 river days in rapids of Grade 4 or 5; and
(c) completed such training courses as the Board may determine from time to time.
Proof of experience
Every applicant for renewal of a licence must produce proof of experience. The
Board will accept a duly completed Record of Service Book as proof of that experience.
SCHEDULE “F”
Training Courses
The training courses for a Trip Leader or Guide are as shown below:
Any course approved by the Waterways Authority.
SCHEDULE “G”
First Aid
The first aid courses for a Trip Leader or Guide must be courses conducted by organisations approved by the WorkCover Authority of New South Wales. Such organisations include:
1. St John Ambulance Australia, SYDNEY 2000
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Ambulance Service of NSW, ROZELLE 2039
National Safety Council, FAIRFIELD 2165
Australian Ski Resort, BALMORAL 2571
Institute of Community Studies, BAULKHAM HILLS 2 153
SRA Bronze, PETERSHAM 2049
RPAH, CAMPERDOWN 2050
9. University of Western Sydney, Macarthur CAMPBELLTOWN 2560
10. Paramedical Services Pty Ltd, CAMPBELLTOWN 2560
11. Breathing Equipment Service Pty Ltd, CRONULLA 2230
12. State Emergency Services, WOLLONGONG 2560
13. QANTAS, MASCOT 2020
14. TAFE Industry Training Division, ULTIMO 2007
15. Stratex Pty Ltd, ST LEONARDS 2065
16. Drake International, SYDNEY 2000
17. UWS Nepean, KINGSWOOD 2747
18. Wilderness First Aid Consultants, BERRIDALE 2628
19. North Coast Rehabilitation Services, LISMORE 2450
20. Illawarra Area Health Services, PORT KEMBLA 2502
Note: The board will accept a first aid certificate issued by an organisation other than one listed above if the WorkCover Authority has approved the first aid course of that organisation.
SCHEDULE “H”
Medical Standards
A Trip Leader or Guide must produce a medical certificate—original only-issued by a
Government Medical Officer
A medical certificate will be issued for no more than 5 years.
The medical certificate must contain the following statement:
I hereby certify that (name) is physically fit in all respects to carry out the duties and responsibilities of a (Trip Leader/Guide) in whitewater operations.
SCHEDULE “I”
Character Reference
The character reference must state that the referee has known the applicant for at least one year and that the applicant is of good character.
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SCHEDULE “J”
FEES
The fees for various purposes related to whitewater rafting is as shown below:
MATTER FOR WHICH FEE IS PAYABLE FEE Issue of a licence under this Code $95 Issue of a licence by way of endorsement $25 Revalidation of a licence $45 Issue of a replacement licence for a licence lost or $65 destroyed Endorse additional river or rapid grade on licence $10 Issue of a Record of Service Book $15 Inspection for approval of vessels or equipment $90 per hour Where, at the request of an applicant for Such reasonable fee as may examination, an Officer of the Board attends at a be demanded by the Board to place where the Officer would not, except in cover some or all of those response to that request, been engaged on official expenses and notified to the
duties-travelling and accommodation expenses applicant at the time of the
| incurred by the Officer because of that attendance | request |
| DATED this fifth day of July, 1993. | |
| The COMMON SEAL of the MARITIME |
SERVICES BOARD OF NEW SOUTH
WALES was hereto duly affixed in the W. L. GILBERT presence of the Chief Executive:
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