# NSW 2009 Marine Safety Regulations



## yankatthebay (Dec 14, 2007)

Just posted this in a different thread, but not wanting to hijack it I am posting it here as well. I know a lot of you have ideas of what you have to take with you legally, so I thought I would read through the whole legal crap and get it right for once:

I decided to humor myself by actually reading the "Marine Safety (General) Regulation 2009". For those of you who are wondering what you need to carry in a kayak in NSW (legally), here is your 100% correct answer according to the NSW Legalislation:

1. Wear a type 1 life jacket (unless in enclosed waters, during daylight hours). Crossing a tidal bar you are required to have a lifejacket of type 1 worn in a kayak as well (even if it is considered "enclosed waters").

2. Well...there is no number 2. According to Schedule 5, Part 2, Clause 4: A personal watercraft, kayak or canoe (other than an outrigger canoe) on open waters is not required to carry safety equipment specified in Part 1

For those of you wondering what is in Part 1...it is things like the compass, charts, anchor, bilge pump, bucket, flares, v-sheet, torch, marine radio, fire-extinguisher, EPIRB, Paddles/oars, whistle...and last but not least...you dont need to take any drinking water with you (how stupid is this last one, now really, we all need drinking water on a kayak regardless I believe).

So, there you have it guys. If you really want to have a read through the legal mumbo jumble the link to it is here at the bottom of this post. Just click the back/forward links to move from one page to the next.

http://www.legislation.nsw.gov.au/fragview/inforce/subordleg+109+2009+cd+0+N?fragid=104


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## Peril (Sep 5, 2005)

Don't forget http://www.legislation.nsw.gov.au/fullh ... v.3-sec.85


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## yankatthebay (Dec 14, 2007)

Thanks Peril. That would have been much easier to read than the link I found. Some document, easier to follow.


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## lowtide (May 21, 2009)

So the bottom line is just a type 1 PDF. I wondre how long this will last with the increasing numbers of yakker heading out, and the inevitable mishaps. It only takes one coroners report to lead to a legislative change. In fact I think I met the very fellow yesterday. I was on my way back to the harbour at Coffs yesterday. A strange vessel approached in the swell. I turned to get a closer look. It was a burly bloke on a short sit on yak with next to no free board. He had a wooden contraption mounted behind him which sat as high as his head. Mounted on one side of the frame was small petrol outboard which was propelling him along. On the other side was an electric, so I suppose there was a car battery within. Mounted in front of him was an esky. Two rods and a landing nets waved in breeze. He wasn't wearing a PDF. It was a very top heavy 'yak. When he turns over, if every thing is attached properly, he is going to have trouble getting it back upright. If not attached, well good by gear. Despite my misgivings I waved, but with one hand on the outboard and the grim concentration required to keep everything upright, I got no response.


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## yankatthebay (Dec 14, 2007)

If the total power output of the petrol motor plus the electric was more than 6HP then he was illegal in the first place if his boat wasnt registered. Any boat which is powered by something other than direct human power is not given the same provisions as a "kayak or canoe".

A Kayak has to fall under the provisions for "Passive Craft", which means no motor (petrol or electric). So that might actually rule out the kayaks with built-in electric motors from being legal in NSW in the first place.

Any boat powered by more than 6HP (or 4KW) must be operated by someone with a boating licence, the vessel must be registered, and full safety gear must be carried. I dont think that guy will have much effect on the legislation as he clearly does not have a kayak and would be in breach of several of the rules I would suspect. If you see him again, I would call NSW Maritime and the local Police and report him before someone tries to classify him as a kayak mistakenly and screws it up for the rest of us.


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## bigbulki (Aug 17, 2008)

I am assuming the regs are the same for Victoria but is anything stated about lights, eg. navigation/anchor lights for after sunset?
I use an anchor light, head torch and a flashing red bike light so I'm pretty visible on all angles even in a swell but just wanted to know if I had to have full lights?


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## grinner (May 15, 2008)

lowtide said:


> So the bottom line is just a type 1 PDF. I wondre how long this will last with the increasing numbers of yakker heading out, and the inevitable mishaps. It only takes one coroners report to lead to a legislative change. In fact I think I met the very fellow yesterday. I was on my way back to the harbour at Coffs yesterday. A strange vessel approached in the swell. I turned to get a closer look. It was a burly bloke on a short sit on yak with next to no free board. He had a wooden contraption mounted behind him which sat as high as his head. Mounted on one side of the frame was small petrol outboard which was propelling him along. On the other side was an electric, so I suppose there was a car battery within. Mounted in front of him was an esky. Two rods and a landing nets waved in breeze. He wasn't wearing a PDF. It was a very top heavy 'yak. When he turns over, if every thing is attached properly, he is going to have trouble getting it back upright. If not attached, well good by gear. Despite my misgivings I waved, but with one hand on the outboard and the grim concentration required to keep everything upright, I got no response.


mate sounds fascinating can you score the plans off him


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