Boating Activity Exemption

PUBLIC NOTICE
DECLARATION OF BOATING ACTIVITY EXEMPTION

Horsham Rural City Council as the declared waterway manager for Wimmera River (within the boundaries of Horsham Rural City), makes the following declaration under section 203(3)of the Marine Safety Act 2010 (Vic).

For the purposes of boating activity conducted by Southern Waters Ski Show Team, persons and vessels involved in the Australia Day River Fun Day are exempt from the following requirements:

State Rules made under the Marine Act 1988

1. Clause 2(a) – must not exceed 5 knots within 50 metres of a person in the water
2. Clause 2(c) – must not exceed 5 knots within 50 metres of another vessel
3. Clause 3(a) – must not exceed 5 knots within 50 metres of the water’s edge
4. Clause 3(b) – must not exceed 5 knots within 50 metres of a fixed or floating structure
5. Clause 19(b) – master of a vessel must not tow more than 3 persons

Waterway Rules made under the Marine Safety Act 2010 / Marine Act 1988

6. Clause 69.1 of Schedule 69 – 5 knot speed restriction on the Wimmera River at Horsham
7. Clause 69.3 of Schedule 69 – no wash zone on the Wimmera River at Horsham

Marine Safety Regulations 2023

8. Regulation 61(6) – Master requirement to carry a lifejacket on vessel on inland waters for each person onboard (or being towed)
9. Regulation 66(3) – Persons on vessels must wear a lifejacket of type specified at all times when underway on inland waters
10. Regulation 69 – A person being towed must wear a lifejacket
11. Regulation 70 – Master of vessel must ensure occupants wear a lifejacket and must not allow the vessel to be operated unless persons onboard when underway or being towed wear a lifejacket

Subject to the conditions detailed below:

• Masters of rescue vessels are only exempt from items 1-4, 6 & 7 when undertaking a rescue operation to retrieve persons in distress, provide for the initial medical or other needs and deliver them to a place of safety.

• Masters of participating vessels are only exempt from items 3-4 & 6-7 for the duration of the event.

• Masters of participating vessels are only exempt from items 5, 8 & 11 when towing water skiers who are participating in trick events and when retrieving water skiers who are participating in trick events and exempt from wearing a lifejacket.

• Persons being towed are only exempt from items 9 & 10 when participating in the following trick skiing activities: 
  - A 3-person high pyramid on the second or third tier.
  - The rope held by the toe maneuvers;
  - Swivel acts; and
  - Double couple acts.

• Barefoot skiers (limited to accredited barefoot water skiers who are highly skilled and competent in this activity) are only exempt from item 10 provided they wear a purpose designed wetsuit with impact protection and built-in buoyancy to float the wearer as per International Waterski & Wakeboard Federation rules. 

• All persons on vessels and skiers associated with the event must wear a lifejacket (unless exempt from item 10 in accordance with these conditions), and vessels must have all prescribed safety equipment, including rescue vessels.

• The exemptions apply from 1:00pm to 7:30pm 26 January 2024 and 10:00am – 2:00pm 27 January 2024, to the persons and vessels listed within the event application who are participating in the Australia Day River Fun Day event on the waters of the Wimmera River, Horsham – between the Western Highway Bridge and the ANZAC Centenary Bridge.

The exemptions apply provided the stated safety controls and undertakings detailed in the application form and associated documentation are adhered to.