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
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.
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.
Request to Make a Waterway Rule
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.