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Other Licences

June 7, 2008 · Filed Under Boat Licence · Comment 

Aquatic Licence

The State’s waterways are a community resource which is often subject to conflicting demands for access. In order to balance organised activities on the waterways with the rights of other users, NSW Maritime issue aquatic licences, under the Water Traffic Regulations – NSW.

When is an aquatic licence required?

An aquatic licence is required by any person or organisation conducting, promoting or organising an event/activity such as a race, display, regatta, exhibition or any other activity which restricts the availability of navigable waters for normal use by the public.

 

Penalties apply for conducting an event/activity without an aquatic licence.

Activities for which an aquatic licence is required include:

  • sailing events
  • water-ski events
  • powerboat events
  • swim events
  • festivals/displays, including fireworks displays
  • filming

Depending on the circumstances and type of activity, NSW Maritime may grant, if requested, ‘exclusive use’ of a waterway, or section of it, for conduct of the aquatic activity.

 

If exclusive use is permitted, the aquatic event organiser must arrange for an approved notice containing details of the activity, to be placed in newspapers circulating in the district where the event/activity is to be conducted and in metropolitan newspapers of Sydney, Newcastle and Wollongong where the activity is to be held within 120 km of these cities.

 

Depending on the type of aquatic event/activity to be conducted, NSW Maritime will determine whether a full marine notice or small public notice is required to be published.

 

All costs associated with advertising are to be borne by the aquatic event organiser and notices must be placed not more than 14 days prior to commencement of the event/activity.

How is an aquatic licence obtained?

All applicants for an aquatic licence must submit a completed Application for Aquatic Licence, together with required supporting documentation and appropriate fee, a minimum of four (4) weeks prior to commencement of the event/activity.

 

Late applications will incur a late fee or the application may be refused.
When submitting the application the following information must be provided:

  • full details of the event/activity including type, date(s), time, location and area of operation;
  • a detailed map of the area in which the event/activity is to take place;
  • an acknowledgement that a Risk Assessment in relation to the Event has been undertaken by the applicant in which all risks associated with the Event have been listed and strategies to alleviate these risks identified and implemented;
  • an operational plan detailing safety procedures, rescue craft, qualified personnel in attendance and communications procedures;
  • written authorisation on the organisation’s letterhead for the nominated representative to act on behalf of the applicant;
  • proof of identity for both the applicant and nominated representative;
  • details of a contact officer if different to nominated representative who can be contacted during the conduct of the event/activity; and
  • licence application fee.

In addition, the following supporting documentation must be provided where relevant:

  • written consent from the landowner, including Local Council, for use of the foreshore land to be used in connection with the event/activity;
  • written authorisation from the Local Council where the noise level is expected to exceed 95 decibels;
  • a copy of the Work Cover Risk Assessment for fire-works events; and
  • completed NSW Marine Parks Authority Permit Application form where the proposed event/activity is within a Marine Park.

Do conditions apply to an aquatic licence?

All aquatic licences issued are subject to a standard set of conditions and depending on the type of event/activity to be conducted, additional conditions may apply. Also ‘local’ conditions may apply for a particular aquatic licence event/activity.

 

When NSW Maritime approves an application for aquatic licence, the applicant is forwarded an aquatic licence certificate together with a list of all conditions applicable to that licence.

 

An aquatic licence is issued on the basis that all conditions are complied with and penalties apply for non compliance.

What insurance requirements apply to an aquatic licence?

An aquatic licence is issued on the basis that the Licensee expressly and unreservedly indemnifies NSW Maritime from all liability associated with the Event/activity and releases NSW Maritime from any actions, of whatsoever nature, that may be instituted in relation to the Event/activity. Acceptance of the Licence constitutes irrevocable acceptance of this condition.

 

It is a condition of the Licence that the Licensee clearly advises all participants whether or not they are covered by the Licensee’s insurance should they sustain injury or loss/damage to property as a result of participating in the event. All details of the coverage must be provided prior to participation in the Event/activity.

 

It is also a condition of the licence that the Licensee must give a written warning to all participants in relation to risks associated with participating in the Event/activity and a written acknowledgement obtained from all participants. The warning and acknowledgement can be included in the application required to be completed by the participant.

What fees apply to aquatic licences?

Unless exempted, fees apply, and are based on the type and duration of the aquatic event/activity to be conducted. The types of aquatic licence issued are as follows:

  • aquatic licence of not more than 3 days
  • aquatic licence of more than 3 days but less than 12 months
  • aquatic licence of not more than 3 days (exclusive use)

Additional fees may apply for expenses incurred by NSW Maritime in respect of:

  • attendance by NSW Maritime officer(s) at the event/activity
  • the use of additional safety measures such as the provision of escort vessels

Exemptions to the payment of aquatic licence fees apply to an event/activity conducted by:

  • educational institutions where the event/activity is sanctioned by the NSW Department of Education
  • volunteer organisations
  • registered charitable organisations

For details on fees, proof of identity and further information please contact:

  • your local NSW Maritime operations centre, or
  • NSW Maritime’s Info Line on 13 12 56 (8.30 am – 4.30pm) 7 days a week

Mooring Licences

A mooring licence is required to moor your vessel in a particular location. A mooring licence gives holders the right to occupy navigable waters and is renewed annually.

A mooring licence is not a lease of the seabed and there is no guarantee of tenure. The only thing that permanently occupies the seabed is the mooring block.

Types of Mooring Licences

There are three types of mooring licence: Private; Commercial and Club. Each of these licences are subject to conditions. For further information on commercial and club moorings please contact Info Line on 13 12 56 or your local NSW Maritime operation centre.

Private Mooring Licence

The issue of a Private Mooring Licence is subject to availability and only available to an individual who is the owner or equal majority shareholder of a vessel with a length of 5.2m or more. There are three tiers of mooring licence fee depending on the location in NSW and the fee scale is dependant of the length of the vessel. In areas where moorings are not available, a priority list will exist. On receipt of your application and payment of the fee your name will be added to the priority list in strict order of application.

Hire and Drive

If you’d like to hire a small boat and operate it yourself you should be aware of the following:

  • most powered hire vessels do not go over 10 knots so you do not need a licence to operate them
  • if the vessel is capable of 10 knots or more you must have your boat licence to be able to operate it at 10 knots or more
  • you can request to see the hire operator’s licence and emergency management plan if you wish
  • all licensed hire operators are required to get you to sign a ‘Register of Hirers’
  • all hire and drive operators are required to give instruction in the use of the vessel
  • hire operators may refuse to hire a vessel to you, or suspend your hire, if they consider that you are not capable of handling the vessel or the conditions, or if the conditions are too dangerous
  • hire vessels are required to carry safety equipment as specified elsewhere in this handbook but there may be additional requirements for some hire vessels (eg kayak hirers must wear a lifejacket)
  • complaints about a hire and drive operator can be made by calling Infoline on 13 12 56 and
  • people hiring a vessel must observe the marine regulations and safety requirements.

For more information go to Hire and Drive System for NSW