With five rivers, creeks, 260km of navigable waterways, more than 750 hectares of lakes and dams as well as land assets, the Gold Coast Waterways Authority (GCWA) has a vital role to play in planning, managing and protecting the Gold Coast’s iconic waterways.

Boating registrations in the region are growing at more than twice the State-wide growth rate and the purchase of jet-skis continues to boom. Against this growth, the responsibility for ensuring the Gold Coast’s waterways remain something that residents can use, understand, protect, respect, enhance and enjoy is crucial.

Now five years since its establishment, GCWA has focused in the past year on tackling even more of the planning and management challenges associated with protecting this precious asset for present and future generations of locals and visitors.

One of the hallmarks of GCWA is to set priorities locally and we have talked with a wide cross-section of people from our community– boaties, divers, water-skiers, jet skiers, residents and visitors – to shape our priorities.

More than 1000 residents offered their views at “Meet the Board” sessions that have been held over the past 12 months at Southport, Hope Island, Currumbin, Hollywell, Burleigh Heads and Main Beach.

Issues raised by community have covered a range of topics including:

• concerns about speed and behaviour
• access to channels throughout the Gold Coast
• increased demand for buoy mooring areas
• upgrades to boating facilities
• management of trust land including Doug Jennings Park and Wave Break Island.

GCWA has worked hard to address community concerns and expectations.

In the past year, we have:

• delivered more than $5.5 million in dredging projects to ensure safe navigation of channels
• invested more than $3.3 million in projects to improve access to the waterways
• enhanced our land-based assets responding to strong community demand in Doug Jennings Park by upgrading facilities for the community while ensuring disciplined management of the park by outlawing illegal camping
• staged “Gold Coast 2017 and Beyond”, an inaugural symposium bringing community and international attention to the importance of ensuring the resilience of our waterways
• continued to consult the community on our key waterways management strategies for buoy moorings and speed limits.

Our focus is on responding to two critical priorities shaping the future of our waterways – congestion and resilience.

The Gold Coast of the future is facing severe congestion, transport and planning issues as a result of the forecast doubling of the population to 1 million people by 2050 as well as staggering growth in watercraft ownership and registrations.

At the same time, Gold Coast waterways are particularly vulnerable to the effects of climate change such as storm surge and sea level rise, given their vast scale and proximity of development to the water.

We need to prepare now for these future impacts.

We are committed to protecting the fundamental value waterways provide to Gold Coast residents, visitors and Queensland; addressing the shared challenges and designing solutions to ensure they remain as iconic places of infinite beauty and opportunity.

The post Delivering On Gold Coast Waterways appeared first on Boat Gold Coast.

With shipping costs at rock bottom, importing US boats remains an attractive option even with a stronger US dollar. In this digital age, it has never seemed easier to buy a boat abroad. Peer-to-peer, auction and broker websites are teeming with new and second-hand boats for sale at seemingly unbeatable prices. Most Australian shipping experts now advertise specialist boat import services to try and ride the wave of what is known as “grey”, or parallel, imports. But is there really any such thing as a cheap boat? Let’s find out.

Realistic budgeting

You will need to factor in a number of additional expenses before deciding if that cheap boat really is a bargain. Shipping costs, transit insurance, 5% import duty, port dues, quarantine inspection fees, and possibly the cost of a custom-made shipping cradle all have to be included, as well as 10% GST on the price of the boat and on all the costs above – that’s right! Although there is no import duty for boats both made in and shipped from the USA or New Zealand, you still have to pay GST on the total cost, irrespective of the boat’s provenance. Trailers, refrigeration and air conditioning systems all require separate import permits, further adding to the expense. There is also the risk and expense of having the boat detained and sanitised by the Australian Quarantine and Inspection Service (AQIS) after a failed quarantine inspection. (Renewing the anti-fouling and getting the boat cleaned inside-out and shrink-wrapped before shipping is a good investment!)

All in, your pride and joy may end up costing you a whole lot more than you thought – up to three times the purchase price for smaller boats, according to industry experts. Unfortunately, these hidden costs are not the only catch.

The dark reality of grey imports

Grey imports are not covered by factory warranties because they bypass manufacturer’s Australian distribution channels. Accredited dealers may not service these boats or even supply spare parts. These issues may affect not only engines, but also other critical and expensive equipment, such as electronic navigation systems. This negatively impacts how these boats hold their value over time and makes them potentially difficult to resell.

As the importer of the boat, you will also be personally responsible for its compliance with Australian regulations on safety, emission standards, and shipbuilding specifications – only to list a few – for the lifetime of the boat. Unless you are an expert in those fields, it is best to avoid this Pandora’s box of potential liability. In extreme cases, you may have to indemnify persons injured in an accident involving the boat.

Buyer beware

In many respects, buying a boat is very much like buying a car. You want to make sure it has not previously been stolen, mortgaged or scrapped, and that it is reasonably road- (or sea-) worthy. Unfortunately, there is no equivalent of the Personal Property Securities Register (PPSR) certificate for boats purchased abroad. The online boat market is notoriously full of scams, and most P2P and auction sites offer only scarce buyer protection.

The risk of unknowingly buying a storm damaged boat should not be underestimated, as is the risk of buying a repossessed boat that has been poorly maintained by a cash-strapped owner.

Cheap does not mean value, and buying “sights unseen” is not advisable. You should allow for travel expenses in your budget, as well as the cost of appointing an independent surveyor at the boat’s original location.

Insurance and safety

Insurers limit the maximum insured value of a grey import compared to a locally purchased boat, so you may not be able to insure it for its full replacement value.

Boats should also comply with Australian standards for fuel, electrical and LPG installations. Some equipment, such as foreign VHF radios that use different frequency bands, is illegal to use in Australia. The cost of replacing these systems can be significant, and a new survey may be required after the refit is completed. Failing this, you may be denied insurance, or worse, put yourself and your family at risk.

Get expert advice

Before committing, make sure you hire a professional agent to navigate you safely through the importing minefield. You may also ask your local boating associations for advice.

The Boating Industry Association has a free leaflet available for download at https://www.bia.org.au/documents/item/37.

A note on trailers

Australian customs regulations require separate import permits for the boat and its trailer. All trailers must meet Australian Design Rules (ADR) requirements to be allowed on our roads. Most US-approved trailers do not comply with the ADR, and bringing them to compliance can be a costly exercise. Plan to buy one here rather than to import it with the boat.

By Celine Flamain

*Celine is a qualified marine surveyor for small leisure and commercial craft and a commercially endorsed Yachtmaster Offshore and RYA Cruising Instructor. She also holds a post-graduate diploma in Marine Insurance and has logged many miles as a professional and recreational skipper.

The post Blacks & Whites of Grey Imports appeared first on Boat Gold Coast.

GCWA CEO, Hal Morris, said the Authority had invested more than $8.5 million in providing better access to waterways from Cabbage Tree Point to Currumbin and beyond.

“The goal of our dredging program is to keep the waterways safe for navigation and in the past year, we’ve carried out projects throughout the Gold Coast’s most used waterways,” he said.

In addition to managing the vast network of Gold Coast waterways from south of the Logan River to the New South Wales border, GCWA is also trustee for the 30 ha Doug Jennings Park at the end of The Spit. As trustee, GCWA also manages land-side facilities and has implemented a range of major improvements to be enjoyed by tourists and locals alike.

“The Park is a unique place to fish, dive, surf and swim in the Broadwater and ocean, or for other activities such as picnicking, walking and relaxing with the family,” Mr Morris said. “In the past year, we’ve invested around $2 million providing the community with Seaway Emergency Access Stairs, an amenities block, extra beach showers, upgrades to the Seaway Kiosk and the rehabilitation of Moondarewa Spit”.

And there’s more in store.

Premier Annastacia Palaszczuk announced in August that the Doug Jennings Park makeover was continuing with $1.35 million being spent on new footpaths, park furniture and car parking areas. The upgrades, including a footpath running the length of the Seaway wall, are designed to make the area more accessible to the public.

“With the installation of park furniture such as picnic tables and seating, landscaping and revegetation, we’re encouraging more people to enjoy and connect to the waterways,” she said.

With the Broadwater as a background, Doug Jennings Park is becoming more popular than ever for commercial and private events.

“In the past three months alone, our team has received and assessed more than 60 new applications for aquatic and other events being held in the Park or nearby in the Broadwater,” Mr Morris said.

High profile events including the Australian Corporate Triathlon, filming of $300 million Hollywood epic “Aqua Man” as well as the Ironman USM have been held in and beside the Broadwater.

“We are proud to be able to offer Doug Jennings Park as a spectacular backdrop for international as well as local events,” he said. “We can’t wait to be able to showcase our waterways to the world throughout the Commonwealth Games.”

For enquiries or to book an event in Doug Jennings Park or Moondarewa Spit, visit https://www.gcwa.qld.gov.au/events-at-doug-jennings-park/

/Sep-Dec2017

The post GCWA on Water and Land appeared first on Boat Gold Coast.

The Product Emissions Standards Bill will allow new product emissions standards to be established on small spark engines (non-road), bringing us into line with the US, Canada and Europe.

Currently emissions from these engines are not regulated in Australia, leaving Australia as a dumping ground for less efficient products that cannot be sold in other countries.

The standards will be phased in over two years and reduce noxious air pollution from petrol-powered outdoor equipment and marine outboards which release high amounts of harmful air pollutants. For example, a two-stroke leaf blower can produce the same amount of hydrocarbons as 150 cars, while on summer weekends in cities where the use of garden equipment is high, small petrol engines can contribute up to 10 per cent of air pollution.

Following extensive consultation with key stakeholders, the new emissions standards will strengthen Australia’s capacity to manage air quality nationally and deliver an estimated $1.72 billion in avoided health costs over a 20 year period.

The Turnbull Government is also providing $1 million funding to support surf life saving clubs upgrade to cleaner outboard engines that meet the new emissions standards.

The Department of the Environment and Energy has partnered with Surf Life Saving Australia to deliver grants of up to $1,000 per clean outboard engine over the next four years to support this important organisation and its clubs across Australia.

—

In a separate press release by Honda Marine, it indicated that the bill will cover any petrol (Spark Ignition) engine — outboards, inboards, and PWC’s.

“The Information paper published last December spelled out the details and timings so industry could get ready” advised Gary Fooks, chair of the cross industry Blue Sky Alliance. “This means industry has had 30 months to finish up the sales of high emission engines. Exemptions for small engines was never an idea that would carry water. With a Carbureted 8hp two stroke pushing out 59% more emissions per hour than a 150hp four stroke, exemptions were never viable. And to be fair, these emissions standards will also target mowers, generators, chain saws and brushcutters – all below 25hp.”

Related stories:

An Update on Emissions Standards

The post New legislation for improved air quality appeared first on Boat Gold Coast.

Foreign vessels arriving on the Gold Coast will benefit from a dedicated boarding station as part of a 12-month pilot by the Department of Immigration and Border Protection and the Department of Agriculture and Water Resources.

The Minister for Immigration and Border Protection Peter Dutton said the pilot programme will provide inwards and outwards clearance for vessels and their crew and may encourage additional vessel traffic to the area.

“The boarding station will be active from 1 July this year until 30 June 2018, which will allow us to support the 2018 Commonwealth Games and to assess the potential for a permanent boarding station in the future,” Mr Dutton said.

“Australian Border Force and Biosecurity officers will clear foreign vessels of less than 50 metres length at the boarding station, which will be located at the Southport Yacht Club.

“By establishing a boarding station on the Gold Coast, we are expanding our border protection coverage of south east Queensland and supporting local marine and tourism industries.”

Federal Member for Moncrieff and Minister for Trade, Tourism and Investment Steven Ciobo said this is a coup for the city.

“This is yet another way we’re growing our city’s booming tourism industry by enticing more domestic and international tourists to the Gold Coast, including superyachts,” Mr Ciobo said.

“Having the ability to welcome these vessels to Southport Yacht Club rather than having to go into Moreton Bay means more people visiting the city, more growth in our local economy and more jobs in our thriving tourism industry.

“We’ve worked together with the local government and Gold Coast 2018 Commonwealth Games Corporation to deliver a fantastic outcome for our city.

“The Coalition Government has invested more than $200 million into delivering a bigger and better Commonwealth Games which, in turn, has transformed our city into a world-class destination.”

Federal Member for Fadden Stuart Robert said the boarding station is a vote of confidence for the Gold Coast.

“This is one more step in building the Gold Coast into one of the world’s great superyacht destinations and another example of the LNP delivering for the Gold Coast,” Mr Robert said.

Stakeholders involved include Gold Coast City Mayor Tom Tate, Chairman of the Gold Coast 2018 Commonwealth Games Corporation the Hon Peter Beattie and boating industry representatives.

At the completion of the pilot, an assessment will be made as to the future viability of a permanent boarding station. In the region, similar clearance facilities exist in Brisbane, Bundaberg and Coffs Harbour.

http://www.minister.border.gov.au/peterdutton/Pages/Vessell-boarding-station-to-open-on-Gold-Coast.aspx

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And with boating registrations in the region growing at more than twice the State-wide growth rate, the responsibility for ensuring the Gold Coast’s waterways remain something that residents can use, understand, protect, respect, enhance and enjoy is crucial.

The Gold Coast Waterways Authority (GCWA) was established by the Queensland Government in 2012 to take responsibility for planning, managing and protecting this precious asset for present and future generations of Queenslanders.

According to the GCWA Chairman, Mara Bún, the role of the community in planning for the waterways now and into the future is vital.

The seven-member Board of the GCWA has backed this commitment by meeting with more than 1000 residents over the past 12 months to seek their views.

Meet The Board sessions have been held at the Southport Yacht Club, The Boardwalk Tavern, Currumbin RSL, Hollywell Yacht Club, Burleigh Golf Club and Burleigh SLSC Mowbray Park.

“One of the hallmarks of GCWA is that we set priorities locally. Members of the board are all Gold Coast residents with strong breadth and depth of knowledge on waterways issues,” Ms Bún said. “We’ve talked with everyone from boaties to divers, waterskiers to jetskiers, residents and visitors to shape our priorities.”

Issues raised by community members have covered a range of topics including:

• concerns about speed and behaviour
• access to channels throughout the Gold Coast
• increase in buoy mooring areas
• upgrades to boating facilities
• management of trust land including Doug Jennings Park.

Ms Bún encouraged all Gold Coast community members to “get on board” and attend one of the upcoming Meet The Board sessions.

“We move these sessions around the Gold Coast to so we can meet with a wide cross-section of people and interests,” she said. “At the same time, we actively engage through social media and our website so there are plenty of ways for Gold Coasters to have their say.”

Information on upcoming community consultations can be found by subscribing to GCWA’s e-newsletter, visiting www.gcwa.qld.gov.au, or emailing mail@gcwa.qld.gov.au.

The post Help shape the future of our waterways appeared first on Boat Gold Coast.

Like their land counterparts, marine authorities continue to be frustrated by the occurrence of incidents, damage to property, injuries and fatalities that have alcohol as a root cause. This frustration has resulted in the strict regulation of the use of alcohol by persons in charge of a vessel, which can result in heavy fines and loss of marine licences.

The loss of a marine licence is an embarrassment and an inconvenience to recreational boaties, but is a catastrophic loss of livelihood to the maritime professional. In this article, we briefly examine the legal processes behind a marine drink driving offence, and the potential consequences for boaties and marine professionals.

What is Marine Drink Driving?

In Queensland, the law for operating boats while intoxicated is the same for driving cars. Section 79 (1) of the Transport Operations (Road Use Management) Act 1995 (the Act), makes it an offence for a person who is under the influence of liquor or a drug to drive a motor vehicle, tram, train or vessel. Vessel is defined under the act to include ships, boats, or any kind of vessel designed for use in navigation whatever the means of its propulsion. This definition has been interpreted very broadly by the courts, almost to the extent that if a person is in control of anything on the water, that person must not be under the influence of liquor.

The allowable blood alcohol content is generally the same for cars – .05 Blood Alcohol Concentration or BAC. However, if you are in control of a commercial passenger vessel, the allowable BAC is zero.

What are the consequences?

You must go to court after being caught for any drink driving offence, including marine offences. If found guilty by the magistrate, a person charged with marine drink driving will likely be fined and be disqualified from driving a vessel for a period of time. The severity of the fine and length of disqualification will depend on the circumstances, such as previous convictions and traffic history, and the maximum penalty is dependent on the BAC.

For example, a typical BAC reading of .075 could result in a maximum fine of $1706, or 3 months’ imprisonment, where a high-level BAC of over .15 could result in a fine of $3,413, or 9 months in jail.

Can my recreational marine licence be cancelled or suspended?

Your marine licence cannot be cancelled or suspended by the court as a result of a motor vehicle infringement. However, the court may disqualify you from holding a Queensland-issued marine licence if you are convicted of marine drink driving under section 79 (drink driving), or section 80 (refusing to provide breath sample) of the Transport Operations (Road Use Management) Act. If your Queensland marine licence is cancelled or suspended, all of your Queensland issued marine licences are affected.

If disqualified, you will be provided with an order which you must present to a Transport and Main Roads Department office in order to remove the RMDL or PWCL indicator on your licence.

If you disagree with the disqualification, the order can be appealed or you may apply for a restricted marine licence.

What about a commercial marine licence?

Most commercial marine licences in Queensland are issued by the Australian Maritime Safety Authority (AMSA) pursuant to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law). National Law licences are commercial Certificates of Competency such as Near Coastal Coxswain, Master and Marine Engine Driver.

The courts do not yet have jurisdiction to make orders about drink driving on Commonwealth Marine Licences, so there is no power for a magistrate to give orders to cancel or suspend a National Law marine licence.

Readers should note, however, that a marine drink driving offence is likely to be notified to Maritime Safety Queensland (MSQ). MSQ may write to AMSA to seek the suspension or cancellation of a National Law Certificate of Competency on the basis that a convicted person is no longer a fit and proper person to hold a commercial marine licence. If AMSA chooses to take any action in response to a request by MSQ, there will be an opportunity for the licence holder to present their case pursuant to a fair process laid down in that National Law and Marine Order 505.

So…..what are the key messages?

If you return a positive breath test while in control of a boat in Queensland, you will most likely be charged and will be summonsed to attend court. It is likely that you will be fined, and your marine licence may be in jeopardy. If you hold a Queensland recreational boat licence, the court may disqualify you from holding that licence for a period of time, or MSQ may ask you to show cause why your licence should not be cancelled or suspended.

An expert legal representative can often engage with the magistrate to reduce the fine and period of disqualification, or make representations to MSQ concerning any show cause notice for suspension or cancellation.

If you hold a commercial licence, the magistrate in Queensland has no power to suspend or disqualify. However, MSQ will be notified and may ask AMSA to act against your licence. For any action to be taken, the regulator must demonstrate that the circumstances of the drink driving conviction indicate that you are no longer a fit and proper person to hold a commercial marine licence.

In this instance, the early appointment of a maritime lawyer can dramatically enhance the prospects of convincing AMSA that the commercial licence should not be suspended.

By Captain John Kavanagh AFNI MQLS

(Feb-Apr2017)

The post Drink Driving and Marine Licensing in Queensland appeared first on Boat Gold Coast.

One inquirer was under the impression that minor oil spills (such as from a bilge system) more than three miles from the coast was not against the law. Wrong! A discharge of oil from a boat into the water is an offence wherever you are.

Another inquirer believed that an accidental oil spill was not against the law, because an accident was always just an accident and could not attract criminal liability. Wrong! An accidental discharge of oil from a boat is against the law.

Yet another inquirer was under the impression that littering from a boat was a minor offence that would only result in a ticket. Wrong! The laws relating to the discharge of garbage from a boat do not have an infringement notice, and could result in you being summoned to appear before a court.

Fortunately, legal professional privilege will protect the identity of these inquirers, because the questions showed a worrying lack of understanding of the laws concerning marine pollution in Queensland. This is worrying not only because of the huge fines that can be imposed, but also because the offences are strict liability. We explain what strict liability means further below.

Strict liability

The law regarding pollution from boats in Queensland waters is contained in the Transport Operations (Marine Pollution) Act 1995 and the supporting regulation. It is important to appreciate that these laws (with the exception of the sewage discharge laws, which are complex and are worthy of an article in their own right) are based upon an international convention that was designed to apply to international seagoing ships (MARPOL 73/78). Consequently, the laws are regarded as very serious. They provide for very large penalties and are relatively easy for the government to enforce.

So, for the purposes of pollution in Queensland, it does not matter whether it is a huge cruise ship in the port of Brisbane or a tinny in the Southport Seaway. The laws that apply to the discharge of oil and garbage are exactly the same.

Essentially, if you discharge any pollutants (oil, garbage or chemical substances) from a boat without a defence, then you commit an offence. It is not a defence if the discharge happened accidentally, or if you are mistaken as to the nature of the substance being discharged. For example, it would still be an offence if you believed it was water and not oil being pumped over the side. This is what we mean by strict liability. In essence, if the pollutant enters the water, and you do not have a defence available, then you are guilty of the offence regardless of the other circumstances.

Defences

The only defences available are:

• The discharge was necessary for the purpose of securing the safety of a ship or saving life at sea;
• The discharge resulted from damage to the ship or its equipment, and all reasonable precautions were taken after the damage happened, or the discharge was discovered to prevent or minimise the discharge of the oil; and,
• The discharge was approved by an authorised officer during an oil spill response or for training purposes.

In practice, these defences do not arise very often. Most of the time, pollutants go into the water by accident. Nevertheless, it is important to remember that an accidental discharge of any pollutants is not a valid defence and will still incur penalties.

Maximum Fines

For the discharge of oil by an individual, a penalty of up to 5,000 penalty units, which equates to a fine of $609,500, will be imposed. For a corporation, it is considerably more, with penalties up to 100,000 units which equates to a fine of more than $12 million.

For the discharge of garbage by an individual, a penalty of up to 3,500 penalty units, which equates to a fine of $426,650, will be imposed. More than $2 million if committed by a corporation.

With fines like that, spending a few dollars ensuring your bilges are clean and that your fuel tanks are in good condition would be a good investment. So, before you take your boat out next time, you might like to secure all loose items so that they cannot go over the side by accident. Check that your bilges are clear of oil, and think twice about throwing that chip packet or empty drink can over the side!

By Captain John Kavanagh, AFNI MQLS

The post Give a hoot, don’t pollute: Marine pollution laws in Queensland appeared first on Boat Gold Coast.

Given that this time of the year observes an increase in both traffic volume on the water and increased storms along the coast, here are a few safety ideas to keep in mind before you head out on your next water adventure.

> Being under the influence of alcohol and/or drugs when operating any vessel is extremely dangerous and will not be tolerated. Water Police conduct breath testing and drug testing on all Queensland waters.

> All vessels are required to carry the correct safety equipment for the area in which they are operating. Life jackets must be in a good serviceable condition, flares must also be in good condition and in date (they expire three years after the date of manufacture). EPIRB’s (Emergency Position Indicating Radio Beacon) must be registered with the Australian Maritime Safety Authority to assist and enhance search and rescue operations. These items should be checked prior to heading out on the water.

> A suitable marine radio should be carried and utilised where required. Mobile telephones should not be relied upon as a primary means of communication when out on the water.

> Where required by legislation, vessels must be registered and under the control of a person with an appropriate marine drivers licence.

> Speed limits on waterways are enforced by Water Police officers. All vessels must be operated at a safe speed at all times.

> Vessel masters need to be aware of the effect their vessels wash can have in busy waterways and not create unsafe situations for other vessel operators, as well as people on the shoreline.

> Check the weather forecast before setting out. Monitor the weather at all times whilst out on the water to avoid getting caught out if the conditions change.

> Know your vessel’s capabilities and do not at any time overload your vessel with too many people or equipment. Ensure sufficient fuel is carried on board your vessel for the intended voyage with plenty in reserve to cater for unexpected situations such as a weather change.

> Tell someone exactly where you are going on your intended voyage and exactly when you are returning. If your plans change advise someone or the local volunteer marine rescue group of your changes. This greatly assists search and rescue authorities if you fail to return as advised when commencing search operations.

Enjoy your time out on the water this holidays, and remember to avoid unnecessary risks that could ultimately result in tragedy.

 QPV Brett Irwin tender vessel tied behind the main vessel anchored at North Flinders Reef during a recent patrol.

Water here is 7m deep. This photo was taken on a mobile without editing.

By QPS Media

Source: http://mypolice.qld.gov.au/waterpolice/2016/12/29/boating-tips-holiday-season/

The post Your boating tips this holiday season appeared first on Boat Gold Coast.

The key question often asked by boat owners is: When do I have to register my boat for commercial use?

Unfortunately, but not surprisingly, with respect to maritime legal matters, the answer is not a straightforward one.

Let us take a brief look at the regulatory landscape to consider the issue.

Prior to the commencement of the National Law in 2013, commercial vessels in Queensland were required to be registered under Queensland legislation, the Transport Operations (Marine Safety) Act 2004 (TOMSA). The relationship between the definitions of a recreational vessel and a commercial vessel under the TOMSA meant that unless a vessel was being used ‘exclusively for private recreation’, then it had to be registered as a commercial vessel. This was a clear boundary that generally caused few difficulties. If a vessel was used for something other than private recreation, then it had to be commercially registered.

Since the introduction of the National Law, there is now considerable doubt over the boundary between ‘commercial use’ of a vessel (that triggers the requirement to be registered as a DCV) and simple ‘recreational use’ of a vessel.

To be a DCV or not a DCV

A DCV is defined in section 7 of the National Law as ‘a vessel that is for use in connection with a commercial, governmental or research activity.’

This is a very broad definition, made broader by the use of the phrase ‘in connection with’. This means that the commercial use of the vessel does not have to be the dominant or the primary use of the vessel. It merely needs to be ‘in connection with’ the activity of the specified nature, to fall under the application of the National Law.

However, the meaning of the word ‘commercial’ is not defined in the National Law. So we turn to the Macquarie Dictionary, which states, in respect of a commercial vehicle, that ‘commercial’ means something ‘used primarily for carrying goods for trade or paying passengers’.

There is also a general legal definition of ‘in trade or commerce’ under the Australian Consumer Law. The leading case on the interpretation of that phrase is Concrete Constructions (N.S.W.) Pty Ltd V. Nelson, which as part of a very long winded statement, tells us that ‘in trade or commerce’ means ‘the conduct of a corporation … [that] bear[s] a trading or commercial character.’ So the key issue is the characterisation of the ‘conduct’ with a third party is that it must have a ‘commercial’ character. ((1990) 169 CLR 594, per Mason CJ, Deane, Dawson and Gaudron JJ at para 8.)

Naturally, this statement was made in the context of consumer protection legislation. And here we are discussing boat registration, so the considerations are slightly different. Nevertheless, a court may adopt a similar interpretation on the meaning of ‘commercial’.

Of course, the mere ‘driving’ of a boat by a corporation is not, by itself, a commercial use of that boat, unless there is some commercial relationship with another party also involved.

In the absence of a ‘commercial relationship’ with another party at the time that you are using the boat, the use of the boat is not considered commercial. So, for example, if you are not carrying goods for trade nor carrying paying passengers, it is unlikely that a particular use of a boat will be considered commercial.

Therefore, absent any advice from the AMSA or any court decisions, a vessel probably does not need to be registered as a DCV, unless it is used in direct connection with a commercial activity involving a third party.

The National Law also expressly states that some uses of a boat do not, of themselves, make it a DCV. Examples include boats that are sponsored, used for promotional activities or a film set, if a person is paid to be a crew member, or if they are owned and used by a school. AMSA has also made some exemptions, including dragon boats. So, it is safe to say that there are significant commercial uses of recreational boats that do not make them DCVs, and that are completely lawful.

However, there remains significant uncertainty as to whether any particular intended use of a boat could appear to be connected with a commercial activity and might trigger the application of the National Law. Consequently, if it appears to an observer that your recreationally registered boat is engaged in a commercial activity, it is recommended that you should have a formal statement prepared to be carried on board the vessel describing your actual use of the vessel so that it can be shown to on- water inspectors, such as officers of the Queensland Boating and Fisheries Patrol or Maritime Safety Queensland. Such a statement is sort of a maritime version of the ‘tank water in use on gardens’ sign.

As further reassurance, you may write to the AMSA describing your specific use and request a determination on whether the boat requires registration as a DCV or not. We suggest obtaining legal assistance with preparing such a submission.

By Captain John Kavanagh, AFNI MQLS

The post Laws of Commercial Boat Registration appeared first on Boat Gold Coast.