Request To Make A Waterway Rule

Completing this form is the second step in proposing a waterway Before starting this form, you must complete a Notice of Intention to Request a Waterway Rule form, available from the Safe Transport Victoria website, and receive a letter from the Safety Director advising the next steps in making the rule.

If you would like to discuss your request for a waterway rule before completing this form, please contact the Waterway Management Unit on 03 9655 3399.

A waterway manager can only request rules in relation to the operation of vessels on waters, or use by persons of waters, under their control

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

There is no fee to lodge this form

Public consultation

The Marine Safety Act 2010 (Vic) outlines the process of public consultation that must occur before submitting a request to make a waterway rule.

If you were directed by the Safety Director, you must have conducted a minimum of 4 weeks public consultation inviting submissions and comments from the public in relation to the proposed rule.

The waterway manager must:

Initiate the consultation by (a) publishing a notice of the proposal to request the making of a rule in a newspaper circulating generally throughout the state and on the waterway manager’s internet site; and (b) making copies of the proposal available at the waterway managers principle place of business or website; and
Comply with the notice requirements; and
Consider every submission or comment received during the consultation when preparing the request to make the waterway rule.

Mandatory considerations

In this request all waterway managers must explain how the proposed rule meets the mandatory considerations of:

the safety risk, or nature and level of a safety risk, that the proposed rule is intended to minimise or eliminate; and
whether there are alternative ways (legislative or otherwise) to address the matter being or to be addressed by the proposed rule; and
the expected benefits and costs of the proposed rule on those persons likely to be affected by the proposed rule, if made.

Waterway details

Name of waterway to which the proposed rule relates(Required)

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

Address

Business address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Postal address(Required)

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Contact details

Name of contact person(Required)

Position title(Required)

Business phone(Required)

Mobile phone(Required)

Fax number

Email(Required)

Proposed rule description and draft wording

Provide a description of the proposed rule here and attach as a separate document a draft of the proposed rule at the bottom of this form(Required)

Has the proposed rule changed since lodging your initial intention to make this rule?(Required)

No - go to next question

Yes - provide more information below

How has it changed from the initial intention and what is the reason for the change?

Provide a statement of the nature and scope of the matter that the proposed rule intends to address(Required)

Mandatory considerations

Provide an explanation of how the proposed rule meets the mandatory considerations. What safety issues/risk or the nature and level of safety risk, does the proposed rule intend to minimise or eliminate?(Required)

What alternative ways (legislative or otherwise) have you considered or tried, to address the matter and safety risks the proposed rule intends to address? Why did/would these alternatives be unsuccessful?(Required)

If the rule is made, what are the expected benefits and costs of the proposed rule on those persons likely to be affected? Provide a general summary of the benefits and costs or attach a separate benefit and cost analysis down the bottom of this form.(Required)

Public Consultation Findings

In the letter from the Safety Director, were you directed to conduct public consultation in accordance with section 196 of the Marine Safety Act 2010 (Vic) before submitting this request to make the rule under section 194?(Required)

Yes - continue to next section

No - provide more details below

Provide a list of the submissions received from the public consultation. In the first table, provide details of submissions received from organisations/affiliated bodies and their individual members. In the second table provide details of submissions received from general members of the public. Attach a separate list if space is insufficient. Attach a copy of the notice published in the newspaper and any other documentation made available to the public in relation to the proposed waterway rule

Total number of submissions received

Submissions from organisations/affiliated bodies and their members

Name of organisation

Address

Name of person/s who made submissions

Submissions from individual members of the public

Name of preson

Address

Provide a summary of the matters, issues, comments and suggestions received in the submissions. The summary must relate to submissions specific to the proposed rule and not any comments received about the waterway in general.

Explain how you have taken into account the submissions and comments received in addressing the mandatory considerations.

Attachments

Attach all separate documents where you have not provided the information in this form. This includes: the draft wording of the proposed rule; the public consultation notices, documents and findings (a list of submissions and a summary of the matters raised); an explanation of how the proposed rule addresses the mandatory considerations. Your request for a waterway rule cannot be considered until you have provided all the necessary information.

Please attach files here

Max. file size: 100 MB.

Declaration and signature

Signature of applicant (type name here)(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.

Things to know before requesting a rule

Public consultation

Mandatory considerations