Statement of Proposal

Transcription

1 Review of the Bay of Plenty Regional Navigation Safety Bylaw 2010 Statement of Proposal Appendix 1 - Proposed Tracked Changes

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3 Appendix 1 Proposed tracked changes Part 1 Preliminary Provisions Proposed Changes 1.1 Title and commencement This Bylaw is the Bay of Plenty Regional Navigation Safety Bylaw Date change This Bylaw comes into force on 15 July October Date change Pursuant to Section 33N(1) of the Maritime Transport Act 1994, it is an offence for a person to breach a provision of this Bylaw Compliance with this Bylaw does not replace the need to comply with other legislation such as the Maritime Transport Act 1994 or Resource Management Act This Bylaw is made pursuant to Sections 33M and 33R of the Maritime Transport Act Clarification. New provision to make empowering legislation clear. 1.2 Areas within which this Bylaw applies 1.2 This Bylaw applies to all of the region s waters. waters within the Bay of Plenty Region as defined under the Local Government (Bay of Plenty Region) Reorganisation Order Addition of missing word and consistent use of defined terms. Statement of Proposal 27

4 Definition of Terms (Words in the singular include the plural and words in the plural include the singular) Tracked changes A access lane means an area designated as an access lane under Clause 3.6 and/or Schedule 3 of this Bylaw. Act means the Local Government Act board sport includes surfing, paddle-boarding, windsurfing and kite-surfing. Council means the Bay of Plenty Regional Council as constituted under by the Local Government (Bay of Plenty region) Reorganisation Order enforcement officer means a person appointed as an enforcement officer under Section 650B of the Act by the Council as an enforcement officer under Section 33G of the Maritime Transport Act exclusion zone means an area that has been identified or designated in Clause 3.10, Schedule 1 or Schedule 4 of this Bylaw as an area where specified vessels are excluded from operating, and includes any area closed under Clause 3.11 of this Bylaw. flagged area means that area of beach which may be marked from time to time with red and yellow flags and which extends to 200 meteres from the actual water s edge to create a safe swimming area. gross tonnage means the volume of all of a vessel s enclosed spaces (from keel to funnel) measured to the outside of the hull framing with some exemptions for non-productive spaces such as crew quarters; as measured under the Tonnage Measurement Convention of Clarification Comments All definitions in the Bylaw have been changed to lower case unless they are proper nouns. All definitions in the Bylaw have been bolded in the definition section and italicised throughout the Bylaw. Reference to Schedule 3 added to cover any access lanes in Schedule 3. No longer required, as no further references to the Local Government Act New provision as it is a term used throughout the Bylaw. Consistency with wording used in Schedule 2 of the Local Government Act Enforcement officers are now appointed under the Maritime Transport Act New provision for shipping exclusion zones. Typographical error fixed. Clarification. 28 Statement of Proposal

5 Definition of Terms (Words in the singular include the plural and words in the plural include the singular) Tracked changes Harbourmaster Harbour Master means a person appointed by the Bay of Plenty Regional Council as Harbour Master Harbourmaster under Section 650B of the Act 33D of the Maritime Transport Act 1994 and includes any Deputy Harbour Master Harbourmaster. honorary enforcement officer means a person appointed by the Bay of Plenty Regional Council as an honorary enforcement officer under Section 33G of the Maritime Transport Act 1994 as an Honorary enforcement officer under section 650B of the Act. hot work operations means any welding or flame cutting on or of a vessel. kiteboarding means using a controllable kite to pull a rider through the water on a small surfboard, wakeboard or kiteboard, and includes kitesurfing. length in relation to a vessel, means overall length, excluding any affixed appendages, such as a motor or bow roller or prod. making way means that a vessel is not at anchor, or made fast to the shore, or aground and is being propelled by an engine, oars, sails or other instrument. mean high water springs (MHWS) means the average of the levels of each pair of successive high waters during that period of about 24 hours in each semi-lunation (approximately 14 days), when the range of tides is the greatest. mooring means any weight or article placed in or on the foreshore or the bed of a waterway for the purpose of securing a vessel, raft, aircraft or floating structure; and includes any wire, chain, rope, buoy or other device attached or connected to the weight, but does not include an anchor that is normally removed with the vessel, raft, aircraft or floating structure when it leaves the site or anchorage. Clarification Comments Harbourmaster now appointed under s33d of the Maritime Transport Act Other changes to be consistent with s33d MTA. Honorary enforcement officers are now appointed under the Maritime Transport Act New definition as this term is used a lot in the Bylaw. New term used in Bylaw. Clarification. Clarification MHWS not used in Bylaw and potentially confusing. Chain added for clarity, as it is one of the primary components of a mooring. Statement of Proposal 29

6 Definition of Terms (Words in the singular include the plural and words in the plural include the singular) Tracked changes mooring area means: (a) any area shown as a mooring area in the Bay of Plenty Regional Coastal Environment Plan maps; or (b) (c) any area from time to time designated by the Council as a mooring area under the Resource Management Act 1991, where vessel moorings may be placed; and any area shown as a mooring area in Schedule 2 of this Bylaw. but does not include an anchorage. navigation aid means the same as aid to navigation. non-watersports area means an area designated as a non-watersports area in Clause 3.10 and/or Schedule 4 of this Bylaw. owner includes: (a) in relation to a vessel, the agent of the owner and also a charterer of the vessel; and (b) in relation to any dock, wharf, quay, or slipway, includes a lessee of the dock, wharf, quay, or slipway; or (c) in relation to a vessel to which paragraph (a) or paragraph (b) of this definition applies, where, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the vessel, includes the charterer or other person who is for the time being so responsible; or in relation to an unregistered vessel or a registered vessel that does not have a registered owner, means the person who is for the time being responsible for the management of the vessel. passive recreation area means an area designated as a passive recreation area in clause 3.10 and/or Schedule 4 of this Bylaw. Clarification Comments Clarification. Phrases used interchangeably in the Bylaw. Definition of term used in the Bylaw. Removal of inappropriate wording. Definition of term used in the Bylaw. 30 Statement of Proposal

7 Definition of Terms (Words in the singular include the plural and words in the plural include the singular) Tracked changes personal flotation device (or PFD) means any serviceable buoyancy aid that is designed to be worn on the body and that meets the definition of personal flotation device PFD in Maritime Rule Part 91, and includes a lifejacket. personal water craft (PWC) means a personal watercraft is a power driven vessel that has a fully enclosed hull and does not take on water if capsized and is designed to be operated by a person standing, sitting astride or kneeling on it, but not seated within it, and includes a jet ski. pilotage area means the same as Tauranga pilotage area. power driven vessel means any vessel propelled by machinery, and powered vessel has the same meaning. prohibited anchorage means any area defined in clause 2.7 of this Bylaw. region means the Bay of Plenty region as defined under in the Local Government (Bay of Plenty region) Reorganisation Order region s waters means all waters within the Bay of Plenty region, the seaward boundary of which is the outer limit of the territorial sea. reserved area means an area designated as a reserved area under Clause 3.6 and/or Schedule 3 of this Bylaw that is reserved for a specific purpose. restricted anchorage means any area defined in Clause 2.8 and/or Schedule 1 of this Bylaw. speed uplifting means any speed uplifting that applies to an area designated under Clause 3.6 and/or set out in defined under s Schedule 3 of this Bylaw where any of the specified speed limits in Clause 3.2 do not apply. Clarification Comments Remove abbreviation for clarity of definition and consistent use of defined terms. Remove abbreviation for clarity of definition and typographical error corrected. Clarification/consistent use of defined terms. Phrases used interchangeably in the bylaw. Term used in the Bylaw now defined. Typographical error. Bay of Plenty Region already defined. Clarification. Term used in the Bylaw now defined. Clarification. Statement of Proposal 31

8 Definition of Terms (Words in the singular include the plural and words in the plural include the singular) Tracked changes structure means any building, equipment, device, or other facility made by people and which is fixed to land or the bed of a waterway; and, including slipways, jetties, pile moorings, swing moorings, rafts, wharves, marine farms, and other objects whether or not these are above or below the waterline or line of mean high water springs, but does not include: (a) (b) does not include buoys, beacons, anchored floats or notices; and or does not include aids to navigation. surfing means using any object in water that is designed to be used for wave surfing or surf riding. surfing priority area means an area designated as a surfing priority area in Clause 3.10 and/or Schedule 4 of this Bylaw. swimming area means an area designated as a swimming area in Clause 3.10 and/or Schedule 4 of this Bylaw. Tauranga pilotage area means the area comprising the Bay of Plenty Harbour bounded by an arc of a circle of radius 3 miles centred on North Rock and including all the commercial area of Tauranga Harbour. underway means that a vessel is not at anchor, moored, or made fast to the shore, or aground. water skiing means being towed barefoot, or on an object of any kind other than a vessel, on the water ski restriction area surface of any water. water ski restriction area means an area designated as a water ski restriction area in clause 3.10 and/or Schedule 4 of this Bylaw. Clarification Comments Clarification. Clarification. Term used in the Bylaw now defined. Term used in the Bylaw now defined. Term used in the Bylaw now defined. Clarification. Clarification. New term used in the Bylaw defined. 32 Statement of Proposal

9 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes 2.1 Personal flotation devices No person in charge of a recreational craft shall use it that craft or allow it to be used unless it carries, at the time of use, and in a readily accessible location, sufficient personal flotation devices of an appropriate size for each person on board, including any persons being towed No person in charge of a recreational craft shall use that craft or allow it to be used: (a) (b) in circumstances where tides, river flows, visibility, rough seas, adverse weather, emergencies or other situations cause danger or a risk to the safety of person on board; or when crossing a bar. unless every person on board is wearing a properly secured personal flotation device of an appropriate size for that person Every person on board a recreational craft that is six metres or less in length, must wear a properly secured personal flotation device of an appropriate size for that person while that craft is making way Clause does not apply if the person in charge of the craft, after assessing all circumstances and determining there would be no reduction in safety, expressly authorises that any person on board is not required to wear a personal flotation device. Clause still applies Clauses and to shall not apply to: (a) (b) (c) any surfer or user of similar unpowered craft; and or any sailboarder or kiteboarder if a wetsuit is worn at all times; and or a diver on a boat of six metres or less in length overall that is used for recreational diving within five nautical miles of shore, if a full body dive suit is worn at all times; and or Consistency with below. Reordered to keep substance of old Clarified to be consistent with Part 91. Included for safety purposes. Exclusion to allow skippers to have overall responsibility. Consequential changes to clause numbers. Statement of Proposal 33

10 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes (d) (e) a person training for or participating in a sporting event, if the training or the event is supervised in accordance with the safety system of a sporting organisation approved by the Harbour Master Harbourmaster under this Bylaw, or the Director of Maritime New Zealand under Maritime Rule 91.4 (3); and or a member of a visiting foreign water sports team, if the person carries or wears a personal flotation device that is approved by the competent authority for use in that person s country of residence. Change to reflect defined term. Change and to or so that only one circumstance need apply In respect of any cultural, ceremonial, sporting event, training activity, or other organised recreational activity, Clause and shall not apply if permission is given in writing by the Harbour Master Harbourmaster that a support vessel remains in the immediate vicinity of the pleasure craft and the support vessel carries lifejackets of an appropriate size for each person on board the support vessel and the pleasure craft In respect of any cultural, ceremonial, sporting event, training activity, or other organised recreational activity, the organising body may, where it is not practical to meet the requirements of Clause , apply to the Harbour Master Harbourmaster for a written exemption to Clause and The Harbour Master Harbourmaster may grant an exemption for a specified time period, provided that the Harbour Master Harbourmaster is satisfied that adequate safety precautions are made for rescuing any persons participating in the event or activity No person in charge of a pleasure craft shall use it to tow any person and no person may cause himself or herself to be towed by any vessel, unless the person being towed wears a properly secured personal flotation device of an appropriate size for that person. Consequential changes to clause numbers. Consequential changes to clause numbers. Changes to reflect defined term. Consequential changes to clause numbers. 34 Statement of Proposal

11 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes Clause does not apply to a person: (a) (b) training for any trick water skiing element of a sporting event administered by a national sporting organisation approved under Maritime Rule 91.4(3); or participating in a sporting event that is administered by a national sporting organisation approved under Maritime Rule 91.4 (3) No person in charge of a recreational craft shall use that craft or allow it to be used in circumstances where: (a) tides, river flows, rough seas, bar crossings; or adverse weather, adverse visibility, emergencies or other situations; present an increased risk to the safety of persons on board, unless every person on board is wearing a properly secured personal flotation device of an appropriate size for that person. Consequential changes to clause numbers. Re-ordered to a new Swimming or Diving Around Wharves and Jetties No person shall jump, dive off, swim or undertake other related activities: (a) from or within 50 metres of any structure in the port zone as defined in the Operative Bay of Plenty Regional Coastal Environment Plan; or (b) from any other wharf or jetty when a vessel is manoeuvring within 50 metres of the wharf or jetty; or (c) any other such areas in the waters as determined by the Harbour Master Harbourmaster. unless permission is given by the Harbour Master Harbourmaster in writing. [NOTE: For the avoidance of doubt, this clause applies to the Whakatāne Harbour Zone as defined in the Operative Bay of Plenty Regional Coastal Environment Plan.] Clarify that clause also applies to Whakatāne Harbour. Changes to ensure consistency of defined terms. Statement of Proposal 35

12 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes 2.3 Use of vessel engine around wharfs, jetties and ramps The master of any commercial vessel must: (a) ensure that crew members are stationed both forward and aft on any vessel while that vessel is lying at any wharf and about to test or is testing a propulsion system; and (b) warn all persons or vessels in the immediate vicinity of that vessel that the engines are being tested.; and (c) notify the Harbourmaster before testing a propulsion system while that vessel is lying at any wharf. Notification of Harbourmaster deleted as considered unnecessary. 2.4 Vessels which are not seaworthy If any vessel in navigable waters is not seaworthy: (a) (b) (c) the Harbour Master Harbourmaster or an enforcement officer may give a direction (by any means of communication) to the owner and/or the master of the vessel to move the vessel to an alternative location or to remove it from the waters within a reasonable time specified in the direction. Such direction may be given by any means of communication; and the owner and master are jointly and severally responsible for ensuring the direction is complied with. If the owner and/or master of the vessel fails to move the vessel in accordance with a direction given under Clause 2.4.2(a), the Harbour Master Harbourmaster or an enforcement officer may move that vessel to a position where it is no longer a hazard to navigation, or remove it from the water. The costs incurred by the Harbour Master Harbourmaster or any enforcement officer taking action under this clause, are payable by the owner, master, or agent of the vessel and are recoverable as a debt due to the Council. The Harbour Master Harbourmaster or an enforcement officer shall exercise reasonable care in taking action under this clause, but neither they nor the Council will be liable for any damage resulting directly or indirectly from such action. Clarification and consistency of use of defined terms. 36 Statement of Proposal

13 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes 2.5 Seaplanes 2.6 Vessels to be adequately anchored, moored or secured A vessel may not be anchored within the same or proximate location within the Tauranga Harbour for a period longer than 14 consecutive days without the prior approval of the Harbourmaster. Allows for vessels to visit, but encourages safe mooring for longer terms. 2.7 Prohibited anchorages Except in an emergency no person may anchor or moor any vessel within: (a) (b) 200 metres of any submarine power or telephone cable. [NOTE: White triangular beacons on the foreshore mark the ends of submarine power cables] 50 metres of any commercial berth operated by the Port of Tauranga Limited. No person shall anchor a vessel within the navigational channel between the Ōhau Channel Diversion Wall, Lake Rotoiti and shore (including the Wildlife Protection Area Passive recreation area marked by red buoys). Update due to change in terminology in the Bylaw. 2.8 Restricted anchorages Except in an emergency no person shall anchor any vessel within any area identified as a restricted anchorage identified in Schedule 1 of this Bylaw unless the vessel is kept ready to make immediate departure and an anchor watch on board the vessel is maintained at all times. Clarification. 2.9 Restricted launching 2.10 Obstructions Statement of Proposal 37

14 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes 2.11 Collisions and accidents If an incident described in Clause involves damage to a vessel that affects, or is likely to affect, its seaworthiness, the master may not move the e affected vessel except: (a) (b) to clear the main navigational channel or to moor or anchor in safety, or in accordance with the directions of the Harbour Master Harbourmaster. Typographical error fixed. Changes to reflect definitions Aids to Navigation Aids No person may tie a vessel to any buoy, beacon, or other device or structure erected as a navigation aid or warning, without the prior written permission of the: (a) (b) Harbour Master Harbourmaster, if the aid to navigation aid or warning is operated by a local authority or port company; or Director of Maritime New Zealand, if the aid to navigation aid or warning is operated by Maritime New Zealand. Clarification Sound and light signals 2.14 Use of distress signals 2.15 Discharge to water No person shall discharge, drop, allow or cause to be discharged or dropped into navigable waters, any cargo or anything from any vessel, wharf or from the land anywhere that would or may constitute a danger to navigation or maritime safety. Update to reflect new empowering provision (s33m of the MTA) Flagged areas on Beaches 2.17 Directions by Harbourmaster or Enforcement officer 38 Statement of Proposal

15 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes 3.1 Minimum Age for Operating Powered vessels The owner of a powered-driven vessel that is capable of a proper speed exceeding 10 knots must not allow any person who is under the age of 15 years to propel or navigate that vessel in contravention of Clause Clarification. 3.2 Speed of Vessels No person shall cause or allow himself or herself to be towed by a vessel (whether or not on a water ski, aquaplane or other towed object) at a proper speed exceeding 5 knots in any circumstances as specified in clause Clause 3.2.1(a) and (b) do not apply to: (a) a vessel over 500 gross registered tonnage, if the vessel cannot be safely navigated in compliance with Clause 3.2.1(a) and (b); or (b) a vessel operating in an access lane or a reserved area for the purpose for which the access lane or reserved area was designated; or (c) a tug, pilot vessel, Harbour Master Harbourmaster vessel, emergency response craft or police vessel, if the vessel s duties cannot be performed in compliance with Clause 3.2.1(a) and (b); or (d) a craft training for or participating in competitive rowing or paddling; or (e) any rowing skiff, outrigger canoe or similar craft Clause 3.2.1(a) shall not apply to: (a) a vessel powered by sail in relation to any other vessel powered by sail, while the vessels are participating in a yacht race or training administered by: (i) a club affiliated to Yachting New Zealand; or (ii) a non-profit organisation involved in sail training or racing; or (b) any board sport carried out, with due regard for the safety of other water users, and in accordance with the accepted safe practices of the individual sport. Deleted as the person towed does not have control of speed. Consequential numbering change. Consequential numbering change. Statement of Proposal 39

16 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes Clause 3.2.1(b) shall not apply to: (a) a vessel powered by sail while the vessel is participating in a yacht race or training administered by: (i) a club affiliated to Yachting New Zealand; or (ii) a non-profit organisation involved in sail training or racing; or (b) a vessel operating in accordance with an area subject to a speed uplifting; or (c) a sailboarder or kiteboarder Clauses (a) and (b) and shall not apply to small craft operated by organisations under an approved Maritime NZ Safety Plan and includes craft operated by a Surf Lifesaving Club affiliated to Surf Lifesaving New Zealand that are involved in while undertaking surf lifesaving operations Every person who propels or navigates a pleasure craft must ensure that its wake does not cause unnecessary danger or risk of damage to other vessels or structures, or harm to other persons. Consequential numbering change. Clarification. Consequential numbering change. Clarification. Consequential numbering change. 3.3 Speed Limits on Regions Waters The Harbourmaster Harbour Master may at any time instruct any person operating a vessel not to exceed a specified speed in any navigable waters for the purposes of ensuring navigational maritime safety. Update to reflect new empowering provision and amended definition. 3.4 Lookouts on Vessel Used for Water skiing or Towing any Person 3.5 Water skiing or Towing a Person between Sunset and Sunrise or in Restricted Visibility No person may cause or allow himself or herself to be towed by a vessel between sunset and sunrise. Consistency with other clauses. 40 Statement of Proposal

17 Part 2 General Matters Navigation Safety Bylaw 2010 Proposed Changes 3.6 Designating Temporary or Permanent Access lanes, Reserved areas and Speed upliftings The areas Council has permanently designated as the permanent access lanes, reserved areas and areas designated as being subject to a speed uplifting described are set out in Schedule 3. Clarification. 3.7 Conduct in Access lanes and Water Ski Reserved areas Heading change Where there is more than one vessel towing within a reserved area for water skiing, all vessels shall navigate in an anti-clockwise direction No person within an access lane or reserved area shall proceed in any manner that is dangerous in relation to any vessel or other person in the access lane No person shall obstruct any other person while that other person is using an access lane or reserved area for the purpose for which it has been designated Any vessel that is on the beach must be on the take-off (starboard) side of the access lane. Reduces chance of conflict if all moving in same direction. Consequential change to clause number. Consequential change to clause number. Reduces chance of conflict No person may anchor a vessel in an access lane. Reduces chance of conflict. 3.8 Marking of Access lanes and Reserved areas Every reserved area must be marked on shore with black posts with white horizontal bands unless this is cannot be practically achieved. Typographical error Adequate signage will identify the location and purpose for which access lanes and reserved areas have been designated. Statement of Proposal 41

18 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes 3.9 Special Events and Cultural Events or Practices Heading Change Any person intending to conduct a race, speed trial, competition or other organised water activity, or to recognise cultural events or practices, in any area to which this Bylaw applies must apply in writing to the Harbour Master Harbourmaster to: (a) (b) temporarily suspend the application of part or all of clause 3.2 of this Bylaw in that area during the conduct of the race, speed trial, competition or other organised water activity; and/or temporarily reserve the area for the purpose of that activity Any person intending to conduct a cultural event or practice that requires a temporary closure or reservation of an area, in any area to which this Bylaw applies must obtain the agreement of the Harbour Master Harbourmaster to: (a) (b) temporarily suspend the application of part or all of clause 3.2 of this Bylaw in that area during the conduct of the event or practice; and/or temporarily reserve the area for the event or practice Where the Harbour Master Harbourmaster is satisfied, on considering an application under clause or of this Bylaw, that the application may be granted without causing danger to persons or property endangering the public, he or she may grant the application accordingly, for a period not exceeding 10 days, and on such conditions (if any) as the Harbour Master Harbourmaster considers appropriate. [NOTE: In determining applications the Harbour Master Harbourmaster will refer to the Rotorua Lakes Closure Policy.] No grant of an application under this Bylaw shall have effect unless, not less than 7 days nor more than 14 days before the start of the activity, public notice approved by the Harbour Master Harbourmaster is given specifying the period of the activity and details of the suspension or reserved area. Consequential change to new clause below. Different rules for cultural practices given ability to apply in writing may not always be possible. Consequential changes to clause numbers. Clarification. Consequential changes to clause numbers. 42 Statement of Proposal

19 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes The Harbour Master Harbourmaster may recover from the applicant all actual and reasonable costs incurred for the publication of a public notice under this clause. Consequential changes to clause numbers Special Designated Areas (See Schedule 4 for maps) In a non-watersports area, no person shall operate a personal water craft or hovercraft, or land aircraft, or tow people or devices from vessels for recreational purposes other than equipment used for fishing In a passive recreation area, no person shall operate a power driven vessel and all vessels must give way to swimmers. See discussion in Part 2. See discussion in Part In a swimming area, no person shall operate a power driven vessel. See discussion in Part In a surfing priority area, no person shall operate a vessel when surfers are present and using the area In a water ski restriction area, no person shall operate a vessel at a proper speed greater than 5 knots unless towing into the area in an anticlockwise direction from shore Wildlife Protection Area Ōhau Channel Diversion Wall, Lake Rotoiti. The area No person shall operate any motorised vessel within the Ōhau Channel Diversion Wall, marked by red buoys and designated in Schedule 4, is a passive recreation area. See discussion in Part 2. See discussion in Part 2. Redefined as passive recreation area. Statement of Proposal 43

20 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes Ōhiwa Harbour personal water craft exclusion zone No person shall operate a personal water craft within the defined limits of Ōhiwa Harbour, as designated in Schedule 4 and defined as follows: (a) (b) (c) To the west of a line from the beach at the eastern end of Ōhope Wharf in position South East to Maturei Point in position South East. To the south of a line from Moturei Point that intersects the northern points of Uretara Island to the western edge of Whanangāpikopiko Island (Tern Island). To the east of a line from the western edge of Whanangāpikopiko Island (Tern Island) to the western side of Ōhiwa Spit Passive recreation areas (- Lakes Tikitapu and Tarawera) The area in Lake Tikitapu designated in Schedule 4 is a passive recreation area, except that between the months of April to June (inclusive) a power driven vessel may be operated for the purposes of fishing. Within a Passive recreation area no person shall operate: (a) Any motorised vessel (except during the months of April to June for the purposes of fishing); or (b) Any other vessel at a proper speed greater than 5 knots. Within a Passive recreation area all vessels must give way to swimmers Northern Matutu Arm, Lake Rotomā. The area in Northern Matutu Arm, Lake Rotomā designated in Schedule 4 is a passive recreation area. Clarification and consistency of use of defined terms. Clarification. Reordered. 44 Statement of Proposal

21 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes Passive Areas Non-watersports areas - (Lakes Rotomahana and Ōkataina) and Waipu Bay (Tauranga Harbour). The areas in Lakes Rotomahana and Ōkataina and Waipu Bay (Tauranga Harbour) designated in Schedule 4 are non-watersports areas On Lakes Rotomahana and Ōkataina no person shall operate personal water craft or hovercraft, or land aircraft or helicopters, or tow people or devices from vessels for recreational purposes other than equipment used for fishing Netting restriction Thornton River mouth No person may set a net within a 500m radius from the seaward point of the groyne on the eastern side of the Thornton River mouth except as provided for in the areas identified within Schedule Whakatāne River Mouth Surfing priority area The area in the Whakatāne river mouth No person shall operate a vessel, including personal water craft, within a surfing priority area designated in Schedule 4 is a surfing priority area. where surfers are present and using the area Speed restriction within the Matutu Basin (Nor-western Arm), Lake Rotomā No person shall operate a vessel within the Matutu Basin, Lake Rotomā at a proper speed greater than 5 knots Ōkawa Bay Speed Restriction, Lake Rotoiti The No person shall operate a vessel at a proper speed greater than 5 knots in the area in Ōkawa Bay water skiing restriction area designated in Schedule 4 is a water ski restriction area. unless towing into the Water Ski Area from shore Clarification. Clarification. Clarification. Clause moved. Clarification. Statement of Proposal 45

22 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes Whakatāne Harbour and Lake Aniwaniwa The areas in Whakatāne Harbour and Lake Aniwaniwa designated in Schedule 4 are swimming areas. Identifies new reserved area Closure of Areas 3.12 Moorings No person shall place a mooring in the any coastal marine area waters, whether in a mooring area identified in Schedule 2 or not, unless a licence issued by the Harbour Master Harbourmaster has been obtained The Council shall not be liable in any event for the position, insufficiency or insecurity of any registered mooring site or mooring site allocated by the Harbour Master. The owner of a mooring will at all times: (a) (b) be solely responsible for the position, sufficiency and security of that mooring; and ensure that the mooring remains fit for its purpose Neither the Council nor the Harbour Master Harbourmaster will be liable: (a) (b) for the position, insufficiency or insecurity of any mooring allocated by the Harbour Master Harbourmaster. The Council shall not be responsible for any damage or loss that may arise to any yacht, boat or launch permitted to use the registered mooring site occasioned through any breaking away or defect in the owner s moorings or any part of them, or through the act of any person in causing damage to the owner s moorings or any part of them, or caused by any yacht, boat or launch while moored to such mooring or by any perils of the seas or by navigation of any ship, boat or launch within the registered mooring site or from any cause whatsoever. Clarification. Clarification. Clarification and consistency of use of defined terms. 46 Statement of Proposal

23 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes The Harbour Master Harbourmaster or the nominated delegate has the right to inspect any mooring and can direct the mooring owner to upgrade or repair the mooring as considered appropriate Every moored vessel shall clearly display an identification name or number that is a minimum of 90mm high and clearly legible at a distance of no less than 50 meters. Amend minimum letter visibility The Harbour Master Harbourmaster may, subject to the conditions specified in clauses , and , grant a mooring licence for a specified mooring area The conditions of any mooring licence issued by the Harbour Master Harbourmaster may include, but are not limited to: (a) the precise location of the mooring; (b) the size and type of any vessel which may be attached to the mooring; (c) the design and specifications of the mooring; (d) a requirement for maintenance and inspections of the mooring by a mooring inspector approved by the Harbour Master Harbourmaster, once every two years. The mooring inspector will issue a certificate of inspection/compliance; this shall be made available to the Harbour Master; (e) the type of buoy or float with which the owner of a mooring must mark the location of the mooring when it is not being used by a vessel; and its identification number; a requirement that the owner of the mooring shall be liable in any event for the position, insufficiency or insecurity of any licensed mooring No liability shall attach to the Council or Harbour Master Harbourmaster by reason of any damage which may occur to any vessel during such removal or detention unless the same is caused by negligence of the Council s servants. Statement of Proposal 47

24 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes The master of any vessel may not secure that vessel to any mooring unless permission of the mooring owner has been granted. New provision. Clarity of ownership and permission to use Duty of master of a Vessel under 500 Gross tonnage Whilst within the Tauranga Harbour pilotage area, the master of any vessel under 500 gross tonnage shall not allow that vessel to impede the navigation of any vessel of 500 gross tonnage or more. Changes to be consistent with other references The owner or master of a vessel must not anchor, moor or navigate a recreational vessel within 50 metres of a vessel over 500 gross tonnes moored at a commercial berth within the Tauranga Harbour Port area, unless authorised to do so by the Harbourmaster Moving Prohibited Zone New heading A moving prohibited zone extending 50 metres to each side and 500 metres ahead, following the line of the buoyed channel when changing course, is reserved around any vessel over 500 gross tonnes or any vessel with tugs in attendance, when that vessel is underway and within the Tauranga pilotage area When a vessel over 500 gross tonnes or with tugs in attendance is navigating within a marked channel, the moving prohibited zone shall not extend beyond the marked channel to the side of the vessel and the zone ahead shall follow the marked channel The owner or master of a vessel must not navigate a vessel within a moving prohibited zone. New provision. Improves safety around large vessels. New provision. Improves safety around large vessels. New provision. Improves safety around large vessels. 48 Statement of Proposal

25 Part 3 Operating Requirements Navigation Safety Bylaw 2010 Proposed Changes Dive Operations Consequential change The master of every vessel from which dive operations are in progress must ensure that Flag A is displayed in such a manner that it can be clearly identified by the watch keeper of another vessel at a distance in excess of 200 metres Every person diving other than from a vessel must ensure that f Flag A is displayed in such a manner that it can be clearly identified by the watch keeper of another vessel at a distance in excess of 200 metres. Consequential change. Minor change Collision Prevention Consequential change No person shall operate any vessel in breach of Maritime Rule Part 22 (Collision Prevention) made under the Maritime Transport Act Consequential change. Statement of Proposal 49

26 Part 4 Tankers, Hazardous Cargoes, Hazardous Works and Dangerous Materials Navigation Safety Bylaw 2010 Proposed Changes 4.1 Vessels Carrying Explosives 4.2 Signals to be Displayed by Oil Tankers 4.3 Duties of master while Tanker is in Harbour The master of a tanker must: (a) berth or moor the tanker only at such wharf or place as specified for bulk oil discharges in Schedule 1, or as otherwise permitted in writing by the Harbour Master Harbourmaster; and (b) keep the tanks containing Class 3 Packing Groups I oil products or Class 3 Packing Group II oil products oil cargo securely closed, except when opened for loading or discharging; and (c) unless exempted by the Harbour Master Harbourmaster, ensure that sufficient motive power is available at all times to enable the vessel to be moved from the berth in case of fire or other emergency.; and (d) rig tow wires from the vessel both forward and aft. 4.4 Oil Tankers and Oil Loading, and Unloading, and Bunkering Procedures and Notification Amend tow wires provision. Consistency of defined terms. Insert new provision Hazardous and bulk oil loading and discharging, between ship and shore using a pipeline is permitted only at the locations specified for that purpose in Schedule Commercial operations that provide bunkers or discharge sludge/waste oil within the region shall notify the Harbour Master Harbourmaster s office at least 2 hours before the transfer. New provision. Improves awareness of potential for spills. 50 Statement of Proposal

27 Part 4 Tankers, Hazardous Cargoes, Hazardous Works and Dangerous Materials Navigation Safety Bylaw 2010 Proposed Changes 4.5 Hot work operations Within the commercial areas of Tauranga and Whakatāne Harbours, the master of every vessel on board which, or on the hull of which, it is proposed to carry out welding or flame-cutting operations in or from any position, whether on board the vessel or not, must notify obtain from the Harbour Master Harbourmaster a Hot Work Permit in accordance with the notification requirements set out in Schedule 5, no less than two hours before starting the welding or flame-cutting operations The master of the vessel must ensure that before any welding operations are started, precautions are taken for the detection, prevention, and extinguishing of fire on board the vessel or elsewhere during the welding operations, and the requirements of the Hot Work Permit notification are met. Provision must be made for the continuance of the precautions until the operations are completed The Harbour Master Harbourmaster may grant a written exemption from compliance with clauses and to the master or owner of a vessel lying at any ship-repairing establishment facility If in any case the Harbour Master Harbourmaster is not satisfied that adequate precautions have been taken, the Harbour Master Harbourmaster may forbid the hot work operations to start or continue until he or she is so satisfied or has caused such precautions to be taken as he or she thinks necessary. Amend to notification. Amend to notification. Consistency of defined terms. No Change/ Statement of Proposal 51

28 Part 5 Administrative Matters Navigation Safety Bylaw 2010 Proposed Changes 5.1 Suspensions and Exemptions from this Bylaw The Council may, of its own accord or on application by any person, suspend any provision of this Bylaw or exempt any activity from any provision of this Bylaw. The suspension or exemption may be subject to conditions and have effect for the period of time that the Council considers appropriate. Any suspension or exemption made under this clause must be notified to all interested persons notified by public notice. This clause is potentially ultra vires of section 33M of the MTA. Amendment to clarify notice obligation. 5.2 Application to master/owners A Harbour Master Harbourmaster, enforcement officer or honorary enforcement officer may require the master of any vessel or any other persons who is found committing an offence against this Bylaw or who the Harbourmaster they has have reasonable grounds to suspect has committed an offence, to supply their name and address when requested. 5.3 Navigation Safety Licences Vessels to be Licensed No person shall operate a commercial vessel for hire or reward that is not subject to Maritime rules, unless a licence, known as a Navigation Safety Licence, has been authorised in writing by the Harbour Master Harbourmaster The Harbour Master Harbourmaster may issue a licence in respect of under clause if, in the opinion of the Harbour Master Harbourmaster, the operation will not diminish the level of safety for other activities in the vicinity, or cause congestion or jostling for position or other unsafe practices, at points of embarkation/ disembarkation or at any place en route. Where the Harbourmaster considers there to be navigational safety matters that are not addressed by the Safe Ship Management system, the Harbourmaster can require a Navigation Safety Licence to be held by the operator. 52 Statement of Proposal

29 Part 5 Administrative Matters Navigation Safety Bylaw 2010 Proposed Changes Where the Harbour Master Harbourmaster considers there to be navigational safety matters that are not addressed by Maritime rules, the Harbourmaster can require a Navigation Safety Licence to be held by the operator No person shall operate a vessel granted a Navigation Safety Licence while that licence is temporarily suspended by the Harbourmaster in terms of clause The Harbour Master Harbourmaster may, subject to the conditions specified in clause 5.3.8, grant a Navigation Safety Licence to a vessel to which clause 5.3.1, and and/or applies, which shall be renewed annually Every Navigation Safety Licence issued by the Harbour Master Harbourmaster shall apply only to that vessel and operator(s) named in the licence, and shall be available for inspection at any time by the Harbour Master Harbourmaster, or Enforcement officers or Honorary enforcement officers, or any prospective client of the operation The Harbour Master Harbourmaster may temporarily suspend or cancel a Navigation Safety Licence for such time as he or she considers necessary where, in the opinion of the Harbour Master Harbourmaster, the conditions of the licence have been breached Navigation Safety A l Licences may be cancelled if the conditions of that licence are breached. There will be no refund of fees if a licence is cancelled The terms and conditions of any Navigation Safety Licence issued by the Harbour Master Harbourmaster may include, but are not limited to: (a) (b) (c) (d) defining points of embarkation/disembarkation; defining the area or route of operations; limiting the number of passengers or quantity of freight; any limitations in respect of weather or operating hours; Statement of Proposal 53

30 Part 5 Administrative Matters Navigation Safety Bylaw 2010 Proposed Changes (e) (f) (g) (h) (i) any requirements for rescue craft; any requirements for safety equipment; the level of instruction to be given to persons hiring a vessel; the qualifications required by the person in charge of the vessel; defining the flow of water as required where applicable All jet boating and rafting operators must comply with Maritime Rule Part 80: Marine Craft involved in Adventure Tourism or subsequent legislation. A breach of these maritime rules shall constitute a breach of this Bylaw. 5.4 Registration of Personal water craft New provision No person shall operate, or allow to be operated, a personal water craft unless a unique number is displayed on each side of the personal water craft, such number being of a contrasting colour that is legible from a distance of 50 metres, with a minimum height of 90 millimetres and each digit having a minimum width of 80 millimetres The owner of a personal water craft must not allow the personal water craft to be operated unless the number required under clause 5.4.1, together with the name and address of the owner and details of the personal water craft, has been registered with the Council, its agent (if any) or another regional council, The owner of a personal water craft who sells or otherwise disposes of the personal water craft must provide the Council with a completed change of ownership or deregistration form (which includes the name and contact information of the new owner (if any)) within 30 days of selling or otherwise disposing of the personal water craft. New provision number to be displayed on personal water craft. New provision registration of personal water craft. New provision registration of personal water craft. 54 Statement of Proposal

31 Part 5 Administrative Matters Navigation Safety Bylaw 2010 Proposed Changes 5.5 Naming of Vessels New provision The master of a vessel not subject to clause 5.4 shall ensure that the vessel is clearly marked with a name or number, consisting of a minimum of two letters or numbers, which must not be a vessel s brand, make or model. The name and number must be of a contrasting colour that is legible from a distance of 50 metres, with a minimum height of 90 millimetres and each digit having a minimum width of 80 millimetres Clause does not apply to: (a) (b) non-power driven vessels of 6 metres or less in length; or power driven vessels of 4 metres or less in length. [NOTE: Any vessel exempted under sub-clause should be clearly marked somewhere accessible on or in the vessel, with the owners name and contact details to assist in identifying and returning lost or stolen vessels.] New provision naming of vessels. New provision. Exemption to naming provisions. New provision advisory note only Fees and Charges Clause number change The fees and charges specified in Schedule 7 for any function maritime related activities undertaken by the Council under this Bylaw, or in respect of navigation generally, must be paid on demand by the specified person to the Council. Consistency with Section 33R MTA The Council may, from time to time, by resolution, amend the fees in Schedule 7 of this Bylaw through a review of this Bylaw or by using section 83 of the Local Government Act Port Charges (Harbour Dues) Clause number change. Statement of Proposal 55