No longer on display. Expired on
27 January 2022, 12:00 AM
Horsham Rural City Council as the declared waterway manager for waters of the 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 Dimboola Boat and Water Ski Club inc, persons and vessels involved in the MIXX FM Australia Day Wimmera River Fun Day on 26 January 2022 are exempt from the following requirements between on the Wimmera River between the rowing club and the Western Highway bridge:
State Rules made under the Marine Act 1988
1. Clause 2(a) – must not exceed 5 knots within 50 meters of a person in the water
2. Clause 2(c) – must not exceed 5 knots within 50 meters of another vessel
3. Clause 3(a) – must not exceed 5 knots within 50 meters of the water’s edge
4. Clause 3(b) – must not exceed 5 knots within 50 meters 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 68 – 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 2012
8. Regulation 96(6) – master must ensure their vessel is equipped with appropriate safety equipment (carry PFD for each person on board or being towed)
9. Regulation 100(3) – person must wear a PFD of type specified at all times when underway on inland waters
10. Regulation 103 – a person being towed must wear PFD
11. Regulation 104(1) – master must ensure all occupants of the vessel are wearing a PFD
12. Regulation 104(2) – master of a vessel must not tow a person unless the person is wearing a PFD
Subject to the conditions detailed below:
• Masters of rescue vessels are only exempt from items 1-4, 6 and 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 on shore, provided they operate at a speed not exceeding 5 knots within 10 metres of the waters’ edge
• Masters of participating vessels are only exempt from items 3-4 and 6-7 for the duration of the event, and item 3 provided they operate at a speed not exceeding 5 knots within 10 metres of the waters’ edge
• Masters of participating vessels are only exempt from items 5, 8, 11 and 12 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 personal flotation device
• Persons being towed are only exempt from items 9 and 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 manoeuvers
- Swivel acts; and Page 4
- 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 and Wakeboard Federation rules.
• All persons on vessels and skiers associated with the event must wear a PFD (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 3pm to 8:30pm on 26 January 2022, to the persons and vessels listed within the event application who are participating in the MIXX FM Australia Day Fun Day event on the waters of the Wimmera River – Horsham.
• The exemptions apply provided the stated safety controls and undertakings detailed in the application form and associated documentation are adhered to.
BY ORDER OF HORSHAM RURAL CITY COUNCIL