This form is used by waterway managers to notify Safe Transport Victoria of a proposed waterway event requiring boating activity exemptions and exclusion zones for the waters under their control.

This form is used by waterway managers to notify Safe Transport Victoria of a proposed waterway event requiring boating activity exemptions and exclusion zones for the waters under their control.

An exclusion zone can only be granted for the purposes of giving effect to an exemption or modification to the Marine Safety Act 2010 (Vic), Marine Safety Regulations 2012 (Vic), State waterway rules or regulations made under the Port Management Act 1995 (Vic).

If you would like to discuss your proposed exemptions and exclusion zones before notification, please contact the Waterway Management Unit on 1800 223 022.

Where the term ‘waterway manager’ appears in this form, it includes a port management body, a local port manager or waterway

There is no fee to lodge this.

Notification of Boating Activity Exemptions and Exclusion Zones

Waterway details

Address

Address of waterway manager (organisation/agency)(Required)

Postal address(Required)

Contact details

Exemption, modification details

Are you proposing exemptions or modifications to provisions of the Marine Safety Act 2010 (Vic), Marine Safety Regulations 2023 (Vic), waterway rules or regulations made under the Port Management Act 1995?(Required)

Declaration of Exemptions or Modifications
A declaration must specify all provisions of the Marine Safety Act 2010 (Vic), Marine Safety Regulations 2012 (Vic), State waterway rules or Port Management Act 1995 (Vic) and associated regulations that do not apply, the modifications to all provisions and/or any additional requirements that do apply.

It must also include a description of the boating activity to which the declaration will apply, specify the persons or class of persons to whom the declaration will apply, specify the State waters on which the boating activity may be conducted and specify the time during which the declaration will apply.

Declarations of exemptions wording

PUBLIC NOTICE

DECLARATION OF BOATING ACTIVITY EXEMPTION

[Waterway manager] as the declared waterway manager for [waterway], makes the following declaration under section 203(3) of the Marine Safety Act 2010 (Vic).

For the purposes of boating activity conducted by [Applicant], persons and vessels involved in the [event name] are exempt from the following requirements:

  1. State Rules made under the Marine Act 1988
    1. Clause 2(c)– must not exceed 5 knots within 50 metres of another vessel
    2. Clause 3(a) – must not exceed 5 knots within 50 metres of the water's edge on inland waters
  2. Waterway Rules made under the Marine Safety Act 2010 / Marine Act 1988
    1. Clause [#.#] of Schedule [#] – [description]
  3. Marine Safety Regulations 2023
    1. Regulation [#] – [description]

Subject to the conditions detailed below:

  • Masters of [rescue/competitor] vessels are only exempt from [#] to [#] above.
  • Masters of [rescue/competitor] vessels must …
  • The exemptions apply from [time] to [time] on [day ## Month 20##] within the exclusion zone waters - [exclusion zone location].
  • The exemptions apply provided the stated safety controls and undertakings detailed in the application form and associated documentation are adhered to.

[Waterway Manager Sign Off] Dated: [date]

If you wish to attach the declaration of exemptions, please do so using the attachment section at the bottom of this form.

Have you modified, deleted or proposed additional exemptions to those applied for in the application?(Required)
Specify the exemptions, modifications or deletions you are proposing, the reason why and what control measures are in place to mitigate the hazards or risk to safety that may be presented by the granting of the exemption
Additional exemption/modification or deletion proposed
Reason for exemption/modification or deletion
Control measure(s) to mitigate hazards/safety risk
 

Section 203(6) of the Marine Safety Act requires that a declration must be published on the wayer manager's website and in some other way that gives notice of the declation to the persons affected by the declaration. Detail how you propose to satisfy the publishing requirements, in addition to publishing the declaration on your website - eg. Display at event location, notify local clubs, Notice to Mariners etc.

Exclusion zone details

Are you proposing an exclusion zone?(Required)
Please note, an exclusion zone can only be established in conjunction with an exemption.
Exclusion Zone Notice

An exclusion zone notice must specify:

  • All persons and vessels, or class of persons and vessels to which the notice applies
  • The specific part of State waters and location of the activity
  • The duration of the exemption

NB: Section 208(2) of the MSA requires that a notice must be published in the Victorian Government Gazette.

Declaration of exemption zone wording

Notice of Boating Activity Exclusion Zone

Marine Safety Act 2010

Section 208(2)

NOTICE OF BOATING ACTIVITY EXCLUSION ZONE

[Waterway manager] as the declared waterway manager for [waterway] hereby gives notice under section 208(2) of the Marine Safety Act 2010 (Vic) that all persons and vessels not registered to take part in the [event name] are prohibited from entering and remaining in the following waters.

Waters of [Waterway] – [exclusion zone location]

[Note: GPS Coordinates can be useful to identify a perimeter for areas with limited land reference points]

The exclusion zone will be in effect from [time] to [time] on [day ## Month 20##].

[Waterway Manager Sign Off]

Dated: [date]

If you wish to attach the exclusion zone notice, please do so using the attachment section at the bottom of this form.

(eg. Type and quantity of signs/markers)
Will you be operating with a Set Aside in place un Port Management Act?(Required)

Attachments

Drop files here or
Max. file size: 100 MB.

    Declaration

    Declaration(Required)
    Date(Required)

    Safe Transport Victoria collects and holds the personal information provided in this notice to assist the Director, Safe Transport Victoria to administer the Marine Safety Act 2010 (Vic) and Marine Safety Regulations 2012 (Vic).

    Safe Transport Victoria is committed to protecting personal information in accordance with its obligations under the Marine Safety Act 2010 (Vic) and the Privacy and Data Protection Act 2014 (Vic).

    The personal information provided in this notice may be disclosed to other government agencies in accordance with section 306 of the Marine Safety Act 2010 (Vic) and section 177 of the Transport Integration Act 2010 (Vic).

    It is an offence under the Marine Safety Act 2010 (Vic) to give information that is false or misleading in relation to a request to make a waterway rule. The individuals whose personal information is collected on this notice have a right to seek access to this personal information and to seek correction of any error in the personal information held.

    All individuals whose personal information is included with this notice should be informed of this fact.