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Marine/Maritime
GOVERNMENT GAZETTE Western Australia
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No. 167. 20-Sep-2016
Page: 3988 Pdf - 3Mb
MA402
WESTERN AUSTRALIAN MARINE ACT 1982

Closure of Navigable Waters

Closed Waters Order--Aerial Freestyle Devices
WESTERN AUSTRALIA

Department of Transport, Fremantle WA, 20 September 2016.

Acting pursuant to the power in section 66 of the Western Australian Marine Act 1982, I hereby cancel Notice MA402 as published in the Government Gazette on 15 March 2016 and close the following areas of navigable waters to the operation of personal watercraft (PWC) fitted with an aerial freestyle device--

1. All gazetted speed restricted areas less than 8 knots within navigable waters

2. All gazetted closed waters areas or swimming prohibited areas within navigable waters

3. All navigable channels or fairways within navigable waters

4. All protected waters as defined in the Navigable Waters Regulation 1958

With the exception of the waters described in Schedule A of this notice, and providing that all other navigable waters are open to the operation of personal watercraft (PWC) fitted with an aerial freestyle device, described below, provided they are operated in accordance with the conditions set out in Schedule B of this notice.

NAVIGABLE WATERS includes--

(a) The territorial sea adjacent to the State;

(b) The sea on the, landward side of the territorial sea adjacent to the State that is not within the limits of the State; and

(c) Waters within the limits of the State.

In this notice, the following definitions apply--

1. The aerial freestyle device means any device, which can be connected to a PWC so as to provide pressured water from the PWC to the device to aid propulsion at the surface of the water, into the air and/or underwater;

2. The aerial freestyle device user means the person attached to the aerial freestyle device;

3. PWC means as per definition at regulation 46 (2) of the Navigable Waters Regulations 1958;

4. The PWC operator means the person who is the rider and master of the PWC;

5. Aerial Freestyle means the practice of manoeuvring the aerial freestyle device above the surface of the water or deliberately fully submerging the aerial freestyle device user below the surface of the water.

SCHEDULE A:

All nominated waters during 'specified times' for aquatic events approved under Regulation 51C of the Navigable Waters Regulations 1958

MINDARIE MARINA (COMMERCIAL OPERATIONS ONLY): All those waters within the Mindarie Marina bounded by a line commencing at 3141.454′S, 11541.948′E (between the end of A Jetty and the breakwater); thence to 3141.485′S, 11541.983′E (80 metres south-easterly); thence to 3141.496′S, 11541.969′E (30 metres south-westerly); thence to 3141.483′S, 11541.949′E (41 metres north-westerly); thence to 3141.465′S, 11541.934′E (41 metres north-westerly); thence 30 metres north-easterly to the starting point. All coordinates based on GDA 94.

MANDURAH ESTUARY (COMMERCIAL OPERATIONS ONLY): All Those waters of the Mandurah Estuary bounded by lines commencing at 3231.906′S, 11543.041′E (approximately 370 metres north of the Old Mandurah Traffic Bridge); thence to 3231.903′S, 11543.060′E (approximately 30 metres east-north-easterly); thence to 3231.949′S, 11543.079′E (approximately 90 metres south-south-easterly); thence to 3231.952′S, 11543.059′E (approximately 30 metres west-south-westerly); thence to the point of commencement (approximately 90 metres north-north-westerly). All coordinates based on GDA 94.

CHAMPION LAKES (COMMERCIAL OPERATIONS ONLY) All those waters of Champion Lakes, Armadale, bounded by lines commencing at 3206.128′S, 11600.247′E (approximately 35 metres south-east of the boat ramp); thence to 3206.157′S, 11600.273′E (approximately 65 metres south-east); thence to 3206.288′S, 11600.152′E (approximately 110 metres south-west); thence to 3206.255′S, 11600.105′E (approximately 95 metres north-west); thence to the point of commencement (approximately 320 metres north-east). All coordinates based on GDA 94.

SCHEDULE B:

Operating Conditions

1. Only one person is to use the Aerial Freestyle device at any one time;

2. The Aerial Freestyle device user must be at least 14 years of age;

3. Propulsion thrust to the Aerial Freestyle device must be controlled by the PWC operator at all times;

4. When the Aerial Freestyle device is being operated connected to a PWC, the PWC operator and the Aerial Freestyle device user must wear an approved lifejacket as described in regulation 50B of the Navigable Waters Regulations 1958;

5. The PWC operator must hold a Recreational Skippers Ticket as per regulation 47 of the Navigable Waters Regulations 1958;

6. Whilst in operation, the PWC operator must have a PWC kill switch safety lanyard attached to them at all times;

7. Whilst in operation, the Aerial Freestyle device user must wear a helmet suitable for water sports at all times

8. The PWC must be appropriately registered for operation in Western Australia as per regulation 45B of the Navigable Waters Regulations 1958 or as a Domestic Commercial Vessel in accordance with the Marine Safety (Domestic Commercial Vessel) National Law Act 2012;

9. The Aerial Freestyle device user must not engage in aerial freestyle outside of a designated aerial freestyle area;

10. The Aerial Freestyle device user must not engage in aerial freestyle within 15 metres of any other person or any other vessel;

11. The Aerial Freestyle device user must not engage in aerial freestyle in water depth less than 2.5 metres;

12. The Aerial Freestyle device user must not engage in deliberate porpoising in water depths less than 4 metres;

13. The Aerial Freestyle device can only be operated during sunrise to sunset, unless approved under Regulation 51C of the Navigable Waters Regulations 1958;

14. General safety obligations, collision regulations and any other legislative requirements that apply to either a recreational or commercial personal water craft under the Navigable Waters Regulations 1958 and Western Australian Marine Act 1982 must be complied with at all times.

15. In addition to above, Commercial Aerial Freestyle operations must operate in accordance with any Certificate of Survey and Certificate of Operation issued for the vessel under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

16. Areas used for Commercial Operations must be clearly marked by buoys indicating the limits of the area by the commercial operator, during hours of operation.

CHRISTOPHER J. MATHER, Director Waterways Safety Management, Department of Transport.


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