Explanatory Statement
Issued by the Authority of the Minister for Regional Development, Local Government and Territories
Jervis Bay Territory Acceptance Act 1915
Jervis Bay Territory Marine Safety Ordinance 2016
Jervis Bay Territory Marine Safety Rules 2026
Authority
The Jervis Bay Territory Marine Safety Rules 2026 (Rules) is made under subsection 118(1) of the Jervis Bay Territory Marine Safety Ordinance 2016 (Ordinance). This subsection provides that the Minister administering the Jervis Bay Territory Acceptance Act 1915 may, by legislative instrument, make rules prescribing matters required or permitted by the Ordinance to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.
Purpose
The purpose of the instrument is to set out minimum standards for safety equipment on vessels used in Jervis Bay Territory (JBT) waters.
These Rules remake the Jervis Bay Territory Marine Safety Rules 2016, which is due to sunset on 1 April 2027 in accordance with the Legislation Act 2003.
Background
The Ordinance enables a legislative framework to protect the safety and amenity of users of JBT waters and occupiers of adjoining land by ensuring vessels are operated safely in JBT waters; and enabling marine accidents in JBT waters to be investigated.
The subordinate Rules detail the specific safety equipment and operational practices that must be maintained when operating vessels in JBT waters. The required safety equipment, and standards of that safety equipment are based on the requirements in the adjacent NSW waters.
JBT waters are also the waters of the Booderee National Park and are Aboriginal owned waters. JBT waters contain environmentally sensitive sites, and are used by recreational vessel operators, tour boats and divers.
Summary of the Rules
Part 1 sets out preliminary provisions, including commencement and definitions. Part 2 specifies requirements relating to mandatory safety equipment including required safety equipment. Schedule 1 to the Rules refers to the repeal of the Jervis Bay Marine Safety Rules 2016.
The Rules are a legislative instrument for the purposes of the Legislation Act 2003 and are subject to sunsetting and disallowance under that Act.
The Rules commence the day after the instrument is registered.
Details of the Rules are set out in Attachment A.
Consultation
In preparing the Rules, the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts consulted with agencies involved in marine operations in JBT waters, or using land and waters within JBT. There was one round of consultation prior to drafting the updated Rule, and one round of consultation on the updated draft Rule.
Agencies consulted were:
- Department of Defence (Navy – HMAS Creswell)
- Department of Climate Change, Energy, the Environment and Water (Booderee National Park)
- Australian Federal Police
- NSW Police
- Wreck Bay Aboriginal Community Council
No issues were raised in the consultation process.
The Minister is satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the Legislation Act 2003.
Impact analysis
The Office of Impact Analysis (OIA) advised that detailed analysis is not required (OIA reference number OIA26-11827).
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
Details of the Jervis Bay Territory Marine Safety Rules 2026
Section 1 – Name
This section provides that the name of the instrument is the Jervis Bay Territory Marine Safety Rules 2026 (Rules).
Section 2 – Commencement
This section provides for the instrument to commence on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under the Jervis Bay Territory Marine Safety Ordinance 2016.
Section 4 – Schedules
This section provides that each instrument specified in the Schedule is amended or repealed as set out in the applicable item in the Schedule concerned, and that any other item in a Schedule to the instrument has effect according to its terms.
Schedule 1 – Amendments
Jervis Bay Territory Marine Safety Rules 2016
Item 1 in Schedule 1 repeals the whole instrument.
Section 5 – Definitions
The explanatory note to this section provides a non-exhaustive list of expressions used in the
Rules that are defined in the Ordinance to aid reading the Rules including ‘NSW waters’ and ‘vessel’. Some additional definitions are provided.
The term ‘Ordinance’ is defined as meaning the Jervis Bay Territory Marine Safety
Ordinance 2016.
Part 2 – Requirements relating to mandatory safety equipment
Division 1 – Required safety equipment for certain recreational vessels
Section 6 – Operation of this Division
This section explains that this Division of the Rule specifies the safety equipment, which the Ordinance requires some vessels in JBT waters to carry.
Section 7 – General requirement
This section sets out the safety equipment, which some vessels in JBT waters must carry. These include lifejackets, a sound signal, a waterproof torch, fire extinguishers, and a bilge pump.
These requirements for safety equipment will not apply if the vessel is a sailing vessel involved in sail training, which is accompanied by a power-driven vessel, an off-the-beach vessel, which does not have room to carry safety equipment, or a small rowboat, dinghy or inflatable boat, which is operated in certain conditions.
Section 8 – Alternative requirement for certain small tenders
This section sets out the safety equipment required to be carried by small tenders. If a tender is less than three metres long, and is operating within 200 metres of the shore, the tender must carry either the safety equipment specified in section 6, or a paddle or pair of oars with rowlocks, a bailer, bucket or bilge pump, and, if the tender is operating between sunset and sunrise, a waterproof torch.
Section 9 – Alternative requirement for dragon boats
This section sets out the safety equipment required to be carried by dragon boats and prescribes reduced equipment, which may be carried in certain conditions. These conditions include if the dragon boat is:
built to float if swamped or capsized;
operating within 400m of the shore;
being rowed on the starboard side of a channel, if operating in a channel;
displaying appropriate lights if operated at night;
weather or water conditions are suitable for boating; and
each person on board has undergone a safety drill.
In these circumstances, the dragon boat must carry either the safety equipment specified in section 6 above, or at least one bailer or bucket, a rope suitable for towing, and if the boat is operating at night, flares or a mobile telephone.
Division 2 – Required standards for safety equipment
Section 10 – Operation of this Division
This section explains that this Division of the Rule specifies the standards, which required equipment must comply with. These standards are based on the standard of equipment required in the adjoining NSW waters.
Section 11 – Anchors with a chain or line
Anchors with a chain or line must be suitable for securing the vessel on, which they are carried, and of the same standard as the vessel would be required to carry if it were in NSW waters. The chain or line must be sufficiently durable and securely fastened to both the anchor and the vessel.
Section 12 – Bailers
A bailer must be suitable for bailing water out of the vessel, must not be used for any other purpose, and must have a rope securely attached to it. The rope must be long enough to be cast over the side of the vessel and retrieved.
Section 13 – Bilge pumps
Bilge pumps may be manual or power operated, must be capable of draining each compartment of the vessel, and must have a suction pipe fitted with a strainer.
Section 14 – Buckets and fire buckets
Buckets and fire buckets must be suitable for both bailing water and for collecting water in case of a fire, must not be used for any other purpose, must be manufactured from metal, robust plastic or robust canvas, and have a rope attached, which will allow the bucket to be cast over the side of the vessel and retrieved full of water.
Section 15 – Distress flares and smoke distress signals
Flares or signals must be stored in a waterproof or watertight container. Hand-held flares or signals must comply with the relevant Australian Standard as stated and in force or existing at the time the instrument commences.
Section 16 – Fire extinguishers
Fire extinguishers carried on vessels in JBT waters must be the same kind and standard as those required to be carried in NSW waters.
Section 17 – Lifejackets
This section requires that a lifejacket be an appropriate lifejacket for the vessel on, which it is carried. More detail about the different types of lifejacket required to be worn on different vessels is contained in the Jervis Bay Territory Marine Safety Ordinance 2016 in Part 8 Division 2.
Section 18 – Paddles and oars
Paddles and oars must be capable of being used to row the vessel on, which they are carried.
Section 19 – Waterproof torches
This section states that a waterproof torch must be water resistant, capable of floating, in working order and capable of being used to signal.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Jervis Bay Territory Marine Safety Rules 2026
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
The Jervis Bay Territory Marine Safety Rules 2026 (Rules) is made under subsection 118(1) of the Jervis Bay Territory Marine Safety Ordinance 2016 (Ordinance). This subsection provides that the Minister administering the Jervis Bay Territory Acceptance Act 1915 may, by legislative instrument, make rules prescribing matters required or permitted by the Ordinance to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.
The purpose of the instrument is to set out minimum standards for safety equipment on vessels used in Jervis Bay Territory (JBT) waters.
These Rules remake the Jervis Bay Territory Marine Safety Rules 2016, which is due to sunset on 1 April 2027 in accordance with the Legislation Act 2003.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.