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MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - REG 210

Owner and master to comply with conditions for Lakes Entrance Bar

    (1)     The owner of a trading vessel that is carrying passengers in or through the Lakes Entrance Bar must take all reasonable steps to ensure that—

        (a)     the vessel does not proceed to sea by crossing or attempting to cross the Bar if the most recent coastal waters forecast issued by the Bureau of Meteorology for eastern Bass Strait predicts for any time during the voyage—

              (i)     sea and swell conditions exceeding 2 metres in height; or

              (ii)     wind exceeding a speed of 20 knots coming from a direction that is in the southerly semi-circle of the compass; and

        (b)     the vessel does not cross, or attempt to cross, the Bar—

              (i)     outside the hours of daylight or in periods of restricted visibility; or

              (ii)     if the actual sea and swell conditions exceed 2 metres in height; or

              (iii)     if the actual average wind speed exceeds 20 knots and comes from a direction that is in the southerly semi-circle of the compass; and

        (c)     each passenger and crew member is wearing a PFD Type 1 while the vessel crosses, or attempts to cross, the Bar; and

        (d)     before the vessel crosses, or attempts to cross, the Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and

        (e)     all passengers are located in the open area of the vessel when the vessel crosses, or attempts to cross, the Bar; and

        (f)     the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel crosses, or attempts to cross, the Bar.

Penalty:     20 penalty units.

    (2)     The master of a trading vessel that is carrying passengers in or through the Lakes Entrance Bar, must ensure that—

        (a)     the vessel does not proceed to sea by crossing, or attempting to cross, the Bar if the most recent coastal waters forecast issued by the Bureau of Meteorology for eastern Bass Strait predicts for any time during the voyage—

              (i)     sea and swell conditions exceeding 2 metres in height; or

              (ii)     wind exceeding a speed of 20 knots coming from a direction that is in the southerly semi-circle of the compass; and

        (b)     the vessel does not cross, or attempt to cross, the Bar—

              (i)     outside the hours of daylight or in periods of restricted visibility; or

              (ii)     if the actual sea and swell conditions exceed 2 metres in height; or

              (iii)     if the actual average wind speed exceeds 20 knots and comes from a direction that is in the southerly semi-circle of the compass; and

        (c)     each passenger and crew member is wearing a PFD Type 1 while the vessel crosses, or attempts to cross, the Bar; and

        (d)     before the vessel crosses, or attempts to cross, the Bar, each passenger is given a briefing regarding safety, emergency and evacuation procedures; and

        (e)     all passengers are located in the open area of the vessel when the vessel crosses, or attempts to cross, the Bar; and

        (f)     the vessel prominently flies Code Flag "R" of the International Code of Signals, when the vessel crosses, or attempts to cross, the Bar.

Penalty:     20 penalty units.

    (3)     Subregulations (1)(a), (1)(b)(ii), (1)(b)(iii), (2)(a), (2)(b)(ii) and (2)(b)(iii) do not apply in the case of a vessel that has already entered, and is crossing, the Lakes Entrance Bar—

        (a)     when the weather forecast referred to is issued by the Bureau of Meteorology; or

        (b)     when the actual sea and swell conditions begin to exceed 2 metres in height; or

        (c)     when the actual average wind speed begins to exceed 20 knots and to come from a direction that is in the southerly semi-circle of the compass.



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