Logbook - March 2011

NEWSLETTER

March 2011

LOGBOOK

The official newsletter of the Boating Industry Association of NSW Ltd

Green Cape lighthouse Page 6

Is your contract fair?

Page 22

Print Post Approved PP2411613/00057&8 ACN 000 618 468

March 2011

NEWSLETTER

The official newsletter of the Boating Industry Association of NSW Ltd PO Box 1204 CROWS NEST NSW 1585 Australia 53 Hume Street CROWS NEST NSW 2065 Australia

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ABN: 61 000 618 468

Telephone: (02) 9438 2077 Facsimile: (02) 9439 3983 Email: info@bia.org.au

www.bia.org.au www.sydneyboatshow.com.au www.marinedirectory.com.au www.50pointcheck.com.au www.shipwrights.com.au www.boatshows.com.au General Manager Roy Privett Marketing & Events Manager Domenic Genua Financial Controller Simon Hazelbrook Manager BIA Divisions Alan Barrett Event Operations Manager Belinda Close Secretary Linda English Member Support & Development Aaron McKenna Education & Training Coordinator Corrina McMillan Marketing & Events Coordinator Natalie Walker Logbook gratefully acknowledges all that have contributed to this edition. In particular; Roy Privett Editorial

Sydney International Boat Show planning

content

LOGBOOK

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4

Green Cape lighthouse – an engineering marvel

6

New zoning plans for Jervis Bay

7

Marine Rescue 3,000th volunteer

12

Education Training & Development

14

Competitive Manufacturing – ironing out wrinkles

15

Jetski Safety Campaign

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Bob Wonders Media Service (07) 5562 2867 Robin Copeland SPINS 0414 266 768

Board of Directors

Please send editorial contributions to Domenic Genua at genua@bia.org.au For advertising rates contact the BIA (02) 9438 2077 Please send editorial contributions to Domenic Genua at genua@bia.org.au For advertising rates contact the BIA (02) 9438 2077

Divisions

© Copyright 2010 BIA of NSW. The opinions, advice and information contained herein have not been sought by any member or any other person but are offered as an information service and should not be relied upon as a substitute for detailed advice or as a basis for formulating business decisions. BIA intends by this statement to exclude any liability for any such opinions, advice or information within this publication.

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Submit your Super online

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Is your consumer contract fair?

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Underground petroleum storage systems

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Work Health & Safety

28

Division News

30

Member Profile – CYCA’s Commodore Garry Linacre 34 Front cover: Green Cape Lighthouse and chimney. Photo Michael Van Ewijk © DECCW.

Members of

Board Bill Breakspear, Paul Burgess, Matt Hundleby, Jon Hunt, Michael Jarvin, Richard Pym, Alan Steber, Darren Vaux, Terry Wise

Products

President Doug Olding Vice-President Simon Cook Treasurer Alan Blake

General Manager’s Catch-Up

W

elcome back to all our many readers of Logbook. In our last edition of 2010 we emphasised the benefits, services and product development of a strong member based association such as BIA. As we forge ahead 2011 is shaping up to be an exciting and challenging year. Our event planning is in place to deliver to the high standards the industry has come to expect and rely upon.

Advocacy has become a cornerstone of many activities and BIA will be required to further develop the industry’s image with consumers and address increasingly important issues with Commonwealth and State Government.

Over recent months BIA has been presenting policy positions in the lead up to the March State election. This is a continuous process regardless of which political party is in Government. After any election it will be essential for the Association to re-engage to argue the case on the essential elements for this industry to progress.

A quick state of the market poll indicates mixed sales in a patchy market with a low level of consumer confidence.

Some sectors are really struggling with a lot of stock in the market although workshops appear to have experienced a busy summer period.

There are a multitude of factors squeezing the recreational dollar. While many sectors of the industry continue to be concerned over the threat to business viability presented by Grey and Parallel Imports no panacea is evident. Most alarming is a fall off in apprentice intake numbers for 2011 which will only add to current skill shortages and place more pressure on industry performance.

The new Boating Industry Alliance of Australia has appointed an Executive Manager to work with Directors and State BIAs to rebuild the industry’s peak body and increase our national advocacy and service delivery. This role will become increasingly important with a renewed impetus for national harmonisation of Workplace Laws, National Consumer Laws, marine standards, and a recently released draft model of national OH&S Laws.

The Boating Fishing Council of Australia will be continuing to place a united policy position to the Commonwealth Government on marine parks and marine bioregional planning in Commonwealth Waters around the Australian Coastline.

The NSW Select Committee on Recreational Fishing released its report in December 2010. BIA and AFTA presented a substantial submission and evidence. The released report and its 38 recommendations are now with the Government.

The next NSW Government will be required to respond to the recommendations within six months. As you would expect Marine Parks were the primary issue of the overwhelming majority of submissions. The debate on the science behind marine parks is ever present.

The Committee recommends that the NSW Government

not create any new marine parks until the next five-year marine park research plan is completed.

The Committee also makes a number of recommendations to improve the management and useability of marine parks. It was argued that certain fishing techniques targeting transient, nonresident fish species could be allowed within marine park sanctuary zones without compromising biodiversity and habitat protection. The progress of the recommendations will be closely monitored by the BIA. The report and submissions is available on line at www.parliament.nsw.gov.au/fishinginquiry We remind members to regularly open BIA’s fortnightly E-NEWS for the latest in up to date information and visit our web sites for member services, benefits, education and seminar program.

A new BIA Bulletin Board is now operational to better reference information. All the information you need as a potential exhibitor is now available at www.sydneyboatshow. com.au If you have any membership queries please contact Aaron McKenna, BIA Members Support & Development.

Roy Privett, BIA General Manager

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2011 Sydney International Boat Show – planning well underway

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lanning for the 2011 Sydney International Boat Show is well underway with the invitation to exhibit now in the market place and a very strong early response with dozens of applications already in.

As usual we ask all applicants to be patient as we sort through this very complex process in our endeavour to try and accommodate as many exhibitors as possible in such a way that best suits their needs. We will be in contact with documentation or a call after the allocation process commences in April.

The last two years have seen attendance growth after the large decline in 2008. While the volume of attendees remains important, our focus will remain to find a positive balance of a quality audience combined with new comers to our lifestyle.

Quality over quantity remains a focus.

The board is keen that we remain aggressive to ensure that our media and promotional activities will give our target audience a reason and desire to attend.

Our media will again be meticulously planned and combined with on-site education and entertainment activities.

Our research has shown that this education and entertainment is high on the wish list of our visitors and our current planning will give each of these activities an uplift without losing their core successful elements.

Our message that the show is; ‘the best place to see boats – the best place to buy boats’ won’t be lost in the mix.

Recreational Boating remains one of Australia’s favourite pastimes, and the show allows the industry to showcase the lifestyle and assist the growth of the industry. For this reason, the show is a true opportunity not only to sell products and services to existing boaties, but to influence ‘border-line’ and ‘non-boaties’ into this leisure activity. Selling to existing

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Visit www.50pointcheck.com.au for nearest qualified technician. www.bia.org.au Ph: 02 9438 2077

For employment in the marine industry log onto www.bia.org.au and click on ‘Employment ... Jobs Vacant/Jobs Wanted’ For boating weather log onto www.bom.gov.au/marine

Boating Industry Association

4 - March 2011 BIA of NSW LOGBOOK

Sydney Weekender on board for 2011 The BIA is pleased to announce that their close relationship w i t h t h e Sydney Weekender television program (Channel 7, 5.30pm Saturday) will continue for 2011.

The program will run 18 boating stories throughout the year, and whilst featuring BIA events such as Sydney International Boat Show and Try Sailing Day, will concentrate on delivering the positive boating lifestyle message. Our objective is to show the public how they can enjoy the special lifestyle that we are all part of.

The Sydney Weekender team are delighted with the sponsorship as it allows the show to continue to have a strong boating lifestyle component. h

Member Subscriptions – Overdue

THE SMART WAY TO GO BOATING Your boating should be fun and relaxing. As the skipper you should ensure that you have done what you can to protect the safety of your passengers and yourself whilst on the waterways.

Adding the 50 Point Safety Check to your yearly routine will help to keep you and the crew safe on the water.

The 50 Point Safety Check can give you peace of mind.

It could be the best investment you ever make.

boaties is important; exposure to new people and markets is vital for the industries growth and future.

The Invitation to Exhibit has now been released and the marine industry is invited to apply for space. Information regarding how to access these documents has been Emailed and posted to members and past exhibitors. If you require assistance in accessing these documents, please call the BIA office of on (02) 9438 2077 or Email info@sydneyboatshow. com.au h Domenic Genua

Some 2011 membership subscriptions are now overdue; to ensure the continuation of access to association services and benefits please bring your account up to date.

To view your included benefits please visit bia.org.au If you require assistance or a copy of your invoice please contact: Aaron McKenna at BIA on 02 9348 2077.

Boat Show Program 2011 Guaranteed distribution in excess of 70,000 copies 90,000+ readership.

Attendees to the 51st Melbourne Boat Show (9th-13th June 2011) and the Sydney International Boat Show (28th July-1st August 2011) will receive a program upon entry to the shows.

✱ The Boat show programs are one of the top circulating marine publications in the southern hemisphere. ✱ Extremely low “cost per thousand” advertising medium. ✱ Target a uniquely focussed and “in the market” audience.

✱ Boat show program advertising is a valuable and effective way to target the people you want to sell to, both consumers and trade. ✱ Major decisions are made long after the stands are packed away.

Be Seen And Influence conSuMerS AS A MArket leAder.

Rates & Dates Ad size Double Page Spread Full Page Half Page Quarter Page Booking Deadline Material Deadline

Combo $6200 $3100 $1860 $1115 28th April 5th May

Melbourne $3500 $1900 $1100 $600 28th April 5th May

Sydney $4100 $2400 $1440 $865 17th June 24th June

Note: Additional Loadings apply for Covers and other premium positions.

GST to be added to all rates above.

Material Specifications Material Size & Shape DPS Trimmed FP trimmed ½ page vertical ½ page horizontal ¼ page square ¼ horizontal

Depth 275mm 275mm 245mm 121mm 121mm 58mm

Width 420mm 210mm 90mm 185mm 90mm 185mm

Note: Please Include 5mm bleed on Full Page and DPS ads.

BIA of NSW LOGBOOK March 2011 - 5

01896

Call Mike Ford on 02 9213 8262 or email mikeford@yaffa.com.au

Green Cape lighthouse recognised as engineering marvel

T

he historic Green Cape Lighthouse at the southern tip of Ben Boyd National Park has been recognised by Engineers Australia as an Engineering Heritage National Landmark when a plaque was unveiled on 19 February to mark the event.

Designed by Colonial Architect, James Barnett, and built

by Albert Aspinall, the lighthouse has stood at Green Cape since its commissioning in 1883 as part of a broader vision of the President of the Marine Board, Francis Hixon, to “light the coast (of NSW) like a street with lamps.”

Green Cape lighthouse was one of a number of similar lighthouse complexes along the NSW coast which were constructed during the late 19th century to assist mariners in navigating the coast more safely.

The lighthouse stands around 30 metres high making it the tallest lighthouse in NSW. At its best the light could be seen up to 40km offshore shining at an intensity of one million candles. It was decommissioned in 1992 and replaced by the lattice tower and light located at the front of the old tower.

Constructing a building like this in a very remote location in the 19th century is a remarkable feat by anyone’s measure Head of the NSW National Parks and Wildlife Service (NPWS), Sally Barnes, and the National President of the Engineers Australia, Merv Lindsay, will jointly unveil the plaque this Saturday.

Mr Lindsay said that, “such recognition by engineers is a reflection of the engineering significance of this historic landmark.”

Ms Barnes said that building the Green Cape lighthouse would have been a daunting challenge.

“Constructing a building like this in a very remote location in the 19th century is a remarkable feat by anyone’s measure,” Ms Barnes said.

6 - March 2011 BIA of NSW LOGBOOK

“Little did Barnett and Aspinall know at the time that just over a century later such lighthouse technology would become redundant and that this structure would ultimately be loved and cared for as a major tourist drawcard in the region which would accommodate visitors to Ben Boyd National Park.

“It is an extraordinary building in a spectacular location offering a stunning panoramic view across the Pacific Ocean and south over Disaster Bay across to the Nadgee Wilderness and Cape Howe.

“It is now one of the way-points in the exceptional and increasingly popular 31km Light to Light walk between Green Cape and Boyds Tower at the northern end of the park which is located at the southern headland of Twofold Bay. “I’d like to take this opportunity to acknowledge the effort of Doug Boleyn in submitting Green Cape Lighthouse as a candidate for recognition as an Engineering Heritage National Landmark listing by Engineers Australia.

“Doug was instrumental in gathering the necessary information and submitting it for consideration and that work has been realised with this new accolade from Engineers Australia,” Ms Barnes said. h

New zoning plans finalised for Jervis Bay Marine Park and Solitary Islands Marine Park

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he Marine Parks Authority (MPA) recently announced that new and improved zoning plans for Jervis Bay Marine Park have been finalised and will begin on 1 March.

Under the new zoning plan for Jervis Bay Marine Park, ocean based sanctuary zones will be adjusted to better protect intermediate reef habitats. Commercial trawling will no longer occur at Wreck Bay or Crookhaven Bight and lift netting activities will be prohibited in Jervis Bay..

About 80 per cent of the marine park, including key sites such as Middle Ground, Longnose Point, Crocodile Head and Moes Rock, will remain available for recreational fishing.

New zoning plans have also been finalised for Solitary Islands Marine Park, on the State’s North Coast and Lord Howe Island Marine Park.

Director General of the Department of Environment Climate Change and Water and MPA member, Lisa Corbyn, said the new zoning plans were developed in response to new research findings, the outcomes of the zoning plan review in 2009 and detailed community consultation on the draft zoning plan in 2010.

“Zoning reviews are required under the Marine Parks Act, initially after five years and then at ten year intervals,” Ms Corbyn said.

“They provide an opportunity to consider new information, including feedback on how the marine park is operating, so we can make sure conservation and sustainable use objectives for each park are being met.“

“The changes relate to the zones and activities within the marine park only – there are no changes to the park boundaries.”

Ms Corbyn said community consultation on the draft zoning plan for Jervis Bay Marine Park had been extensive, with 35 stakeholder meetings and community information days held.

A total of 3,064 submissions were received during the three month consultation period.

“We’ve listened to marine park users and made changes to the draft zoning plan in response to submissions, Advisory Committee advice, local experience and the best available science.

“The total area of sanctuary zones in the marine park will remain largely unchanged, However the Point Perpendicular– Crocodile Head sanctuary zone will be relocated to increase representation of intermediate reef habitats in sanctuary zones from 8 to 14 per cent of their total known area.

“These reefs are in water 20 to 60 metres deep and are often dominated by sponges and other invertebrates and support a wide range of fish species.

“In response to submissions received from the community and fishing groups, the Brooks Rock–Moes Rock Sanctuary Zone proposed in the draft zoning plan will not proceed, instead the new Beecroft Peninsula sanctuary zone will replace two other sanctuary zones. (… cont. over page)

I&I NSW is seeking sponsors for monthly and major prizes for the

2012 recreational fishing calendar photo competition The calendar presents a unique opportunity to sponsor a specially designed and targeted product to a recreational fishing audience.

appeal to all fishers. Over 1200 entries were submitted in the 2009 and 2010 competitions.

I&I NSW is running a recreational fishing photo competition in 2011. Twelve finalists will have their photos published in the calendar in 2012.

This is the third year the calendar has been run with the first two years being a great success.

The calendar provides a tool for the promotion of key rules and regulations relating to recreational fishing. The photo competition is open to the community across NSW and has broad

Calendars are distributed free of charge to the community through an online request form, around 900 recreational fishing clubs, Fishcare Volunteers and I&I NSW offices.

Sponsorship Benefits: ➊ Sponsors will receive advertising space on the calendar produced in 2012. ➋ Sponsors will receive advertising exposure to the recreational fishing community. ➌ This includes exposure of logos on up to 10,000 calendars during 2012.

To register your interest to be a sponsor of the photo competition and calendar please contact: Sarah Boyd, Fisheries Manager PO Box 49, Albury NSW 2640 or alternatively phone (02) 6051 7703 or email sarah.boyd@industry.nsw.gov.au

W W W . I N D U S T R Y. N S W . G O V . A U

BIA of NSW LOGBOOK March 2011 - 7

Current Zoning Plan Callala Bay

Currarong Huskisson

Jervis Bay

Beecroft Peninsula

Vincentia

Booderee National Park

Sanctuary Zone Habitat Protection Zone

Bherwerre Peninsula

Special Purpose Zone

Wreck Bay

General Use Zone

New Zoning Plan New designated anchoring area to improve boating access

Callala Bay Currarong Huskisson

Jervis Bay

New Beecroft Peninsula Sanctuary Zone improves the representation of intermediate reef habitats (20-60m deep) and includes the Drum and Drum Sticks Sanctuary Zone

Beecroft Peninsula

Vincentia Spearfishing prohibited in Honeymoon Bay to address public safety concerns

Access to popular fishing sites around Crocodile Head and Devils Inlet has been maintained

Booderee National Park Bherwerre Peninsula Wreck Bay

Access to fishing grounds provided by removal of Pt. Perpendicular Crocodile Head Sanctuary Zone

Trawling removed from Marine Park and Wreck Bay General Use Zone incorporated into Habitat Protection Zone

8 - March 2011 BIA of NSW LOGBOOK

“Also in response to community consultation, NSW Maritime will address several boating issues that were canvassed in the draft zoning plan.”

Ms Corbyn said research and monitoring conducted in Jervis Bay Marine Park, particularly since 2004, had underpinned the zoning changes.

The detail now available on biodiversity, habitats and use of the park has increased markedly since the original zoning plan was developed prior to commencing in 2002.

The research and monitoring program for marine parks will continue to inform the management of marine parks.

The Environmental Trust will provide funding of up to $400,000 to Industry & Investment NSW to administer a voluntary commercial fishing buy out to avoid commercial fishing pressure increasing elsewhere.

Marine parks staff are organising community information sessions at key locations in coming weeks to talk to the community about the changes. Details of these sessions will be posted on the marine parks website.

New user guides for each zoning plan will be available before March 1 and park signs will be updated. Marine parks staff will continue to be out in the marine parks in coming months letting people know about the changes.

Detailed information on the new zoning plans are on the marine parks website at www.mpa.nsw.gov.au. Jervis Bay Marine Park changes can be found at http://mpa.nsw.gov. au/jbmp-zoning-plan-2011.html. h

Key changes to the Jervis Bay Marine Park Zoning Plan • All trawling and lift netting will be removed from the marine park to reduce the impacts of commercial fishing on biodiversity – 98 percent of submissions supported this proposal.

• The Point Perpendicular–Crocodile Head sanctuary zone will be replaced by a sanctuary zone off the Beecroft Peninsula – extending from Crocodile Head to Drum and Drum Sticks. This change improves the protection of intermediate reef habitats.

• Improved boating access to beaches in Hare Bay with a new anchoring area provided between Red Point and Hare Point.

• Spearfishing will be prohibited at Honeymoon Bay to address public safety concerns.

• Arrangements improved for the protection of species by simplifying restrictions and improving consistency with fisheries management rules (e.g. size and bag limits).

Additional protection will be provided for some species, including Port Jackson Sharks, crested horn sharks and all skates and rays in the marine park.

• The zoning plan will be simplified by straightening zone boundaries at Wreck Bay and Drum and Drum Sticks, which will make it easier for users to identify and comply with zones.

• Marine parks staff will also work with NSW Maritime to introduce new boating regulations in the park, including motorised boating restrictions in Honeymoon Bay, speed restrictions at Carama Creek, restrictions on irregular driving of personal watercraft within 200 metres of shore in Jervis Bay and a prohibition on motorised boats in Moona Moona Creek to protect seagrass beds.

Jervis Bay Marine Park Key Facts • NSW marine parks are part of a national and global effort to conserve marine biodiversity • Jervis Bay Marine Park was established in 1998 and covers over 21,000 hectares of water.

• The Marine Park is home to a unique mix of species, including the weedy sea dragon, eastern blue devil fish, whales, dolphins, Little Penguin, fur seals and the endangered grey nurse shark.

• It is one of six multiple use marine parks in NSW – Cape Byron, Solitary Islands (Coffs Harbour), Port Stephens Great Lakes, Jervis Bay, Batemans and Lord Howe Island.

• These parks cover more than 345,000 hectares – one third of NSW waters.

• Like all marine parks it is divided into four zones governing what can be done in each area, with Sanctuary Zones providing the highest conservation protection.

• Recreational fishing can occur in every NSW marine park – with between 72.5% and 82.5% of parks remaining accessible to recreational fishing following implementation of the new zoning plans.

• The zoning plan for Jervis Bay Marine Park began in October 2002.

• The first statutory review of the Jervis Bay and Solitary Islands Marine Parks plan began in March 2008.

Draft zoning plans were placed on public exhibition in between June and September 2010.

• Community surveys show strong support for JBMP, with 82 per cent of people in favour of sanctuary zones.

• The next statutory review of the Jervis Bay Marine Park Zoning Plan will begin in June 2018.

List a Job Vacant List a Job Wanted for free

www.bia.org.au The BIA website has an active Jobs Vacant or Jobs Wanted notice board.

Listing a Job Vacant or Job Wanted is simple and can be done online.

Go to the BIA home page www.bia.org.au or www.bia.org.au/employment Listings are usually loaded onto the website within 24 hours.

For assistance, please contact Justine Merrony justine@bia.org.au or Linda English linda@bia.org.au Phone: (02) 9438 2077

BIA of NSW LOGBOOK March 2011 - 9

New zoning plan for Solitary Islands Marine Park

T

he Marine Parks Authority (MPA) have announced a new and improved zoning plan for Solitary Islands Marine Park will begin on March 1.

Under the new zoning plan, marine habitats will be better protected, prawn trawling will continue in a reduced area of the park and recreational fishing access will be improved at three key spots.

The MPA has also announced a new zoning plan for Jervis Bay Marine Park, on the State’s south coast and the completion of the Lord Howe Island Marine Park zoning plan review.

More than 80 per cent of all marine parks will still be outside the sanctuary zones and remain available for recreational fishing.

Director General of the Department of Environment Climate Change and Water (DECCW) and MPA Member, Lisa Corbyn, said the new zoning plans were developed in response to new research findings, the outcomes of the 2009 zoning plan review and more recent community input on the draft zoning plan.

“Zoning reviews are required under the Marine Parks Act, initially after five years and then at ten year intervals,” Ms Corbyn said. “They provide an opportunity to consider new information, including feedback on how the park is operating, and to determine whether conservation and sustainable use objectives for each park are being met.

“As a result, there have been substantial changes to zone boundaries in Solitary Islands Marine Park, minor changes at Jervis Bay and no changes at all to the Lord Howe Island Marine Park Zoning Plan.

“The changes only relate to zones and activities within the marine parks – there are no changes to park boundaries.”

Ms Corbyn said consultation on the draft zoning plan for Solitary Island Marine Park was extensive, with 42 stakeholder meetings and information days attended by over 350 people.

A total of 6,519 submissions were received during the three month period.

“The MPA has listened to marine park users and, following consultation with stakeholders and the local advisory committee, changes have been made to the consultation draft zoning plan in response to community feedback, local experience and the best-available science,” she said.

“Estuary sanctuary zones will remain unchanged, and access to ocean beaches for recreational fishing will be improved under the new zoning plan.

“In response to concerns about proposals in the draft to

Don’t go overboard with alcohol.

The blood alcohol limit on the water is the same as on the roads – 0.05%. Be careful as the wind, waves and the sun multiply the effects of alcohol and if there is an accident, your chances of disorientation and drowning are increased. This goes for everyone – the skipper, the passengers and the crew.

remove all commercial trawling from the park within two years, the new zoning plan allows trawling to remain in a key corridor near North Solitary Island and key whiting grounds closer to shore.

“The cultural significance of the park to the Gumbaynggirr people has been further recognised with three new Aboriginal Special Purpose Zones.”

Ms Corbyn said the new zoning plan will be supported by a $150,000 tourism and marketing campaign focussed on the Wooli and Minnie Water local areas.

The campaign will be developed collaboratively with Clarence Valley Council, local businesses and tourism stakeholders over the coming months and implemented in the lead up to next summer.

Industry & investment NSW will administer a $1.5 million voluntary commercial fishery buy-out program funded by the Environmental Trust to offset reduced access for prawn trawling and trap and line commercial fishing and avoid increased fishing pressure on areas that remain open within and outside the park.

Ms Corbyn said the range and extent of research conducted in the Solitary Islands Marine Park, particularly since 2004, underpins the zoning changes and is available on the MPA website.

“This research, some of which has been recently published

GO EASY ON THE DRINK

Be aware, random breath testing now applies to the skipper of a boat in NSW.

ENJOY SAFE BOATING www.bia.org.au Ph: 02 9438 2077 For employment in the marine industry log onto www.bia.org.au on ‘Employment ... Jobs Vacant/Jobs Wanted’ 10and -clickMarch 2011 BIA of NSW LOGBOOK For boating weather log onto www.bom.gov.au/marine Boating Industry Association

#8 GO EASY ON DRINK.indd 1

21/12/09 10:09:40 AM

Solitary Islands Marine Park facts • NSW marine parks are part of national and global efforts to conserve marine biodiversity.

• Protection has been in place in the Solitary Islands Marine Park for over 20 years, with the first zoning plan developed in 1991 for what was then known as the Solitary Islands Marine Reserve. It was one of the first marine parks declared in NSW in 1998.

• The 72,000 hectare marine park of waters off Coffs Harbour protects over 550 species of reef fish, 90 species of hard coral and 600 species of molluscs.

• Its location along the NSW coast enables a unique mix of tropical and temperate marine species to co-exist.

This is primarily influenced by the mixing of the warm currents from the north with the cooler currents from the south, as well as the broad and extensive range of habitat types in the park.

• It is one of six multiple use marine parks in NSW – Cape Byron, Solitary Islands (Coffs Harbour), Port Stephens Great Lakes, Jervis Bay, Batemans Bay and Lord Howe Island.

• These parks cover more than 345,000 hectares – one third of NSW waters.

• Like all marine parks it is divided into four zones governing what can be done in each area, with Sanctuary Zones providing the highest conservation protection.

• Recreational fishing can occur in every NSW marine park – with between 72.5% and 82.5% of parks remaining accessible to recreational fishing following implementation of new zonings plans at Solitary Islands and Jervis Bay. • The first statutory review of the Solitary Islands Marine Parks plan began in March 2008 and was completed in June 2009. A draft zoning plan was placed on public exhibition between June and September 2010.

• Random community surveys undertaken in 2008 show strong support for the Solitary Islands Marine Park, with 82 per cent of people in favour of sanctuary zones.

• The next statutory review of the Solitary Islands Marine Park Zoning Plan will begin in June 2018.

Key changes to the Solitary Islands Marine Park Zoning Plan • Adjusted sanctuary zones will include examples of all marine habitats in the park for the first time. Sanctuary zones will increase from 8,650 hectares (12% of park) to 14,000 hectares (19% of park) – 700 hectares less than the draft zoning plan. Importantly, the Central sanctuary zone includes additional intermediate reef habitat and the new Deepwater sanctuary includes, deep reef and deep soft sediment habitats, not included in the current plan.

• Recreational anglers and spearfishers will see improved access at key sites including Bare Bluff and South West Solitary (Groper) Island all year round, as well as an extra 500m at Minnie Water Back Beach and a section of reef at North West Rock; • Prawn trawling will not be prohibited in the park within two years as proposed in the draft. An important fishing ground for trawling near North Solitary Island and key whiting grounds closer to shore will remain accessible.

The area of general use zones where trawling can occur will be reduced to 13% of the park to further reduce ecological impacts of trawling. A package of initiatives to monitor ecological impacts and the sustainability of trawling in the future including mandatory use of GPS vessel monitoring systems is also being developed, consistent with the Ocean Trawl Fishery Management Strategy and environmental impact assessment.

• Local Aboriginal people will benefit from the inclusion of important cultural sites in three new Aboriginal Special Purpose Zones at the Corindi River, Corindi Rock Platform and Red Rock Beach. Recreational fishing will continue unaffected in these new zones and Elders will work closely with the Marine Parks Authority on the management of these areas.

• Commercial beach haulers will benefit from increased access on beaches at Arrawarra and Sandy Beach, and changed access at Station Creek Beach.

• All marine park users will benefit from changes that lead to straight line boundaries as opposed to the previous rounded boundaries, which will make it easier for users to identify and comply with zones.

• Species will benefit with several added to the list prohibited to be taken from the park; and the grey nurse shark better protected through a closures implemented by Industry & Investment NSW at North and South Solitary Islands.

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in the scientific literature, has involved seabed habitat mapping, biodiversity assessments, targeted studies on key fish species, assessments of pests and disease, and cultural, social and economic studies,” she said.

“New seabed mapping techniques helped discover new and very valuable seabed habitats in the deeper parts of the park – habitats which have now been included in new sanctuary zones.

MPA staff will organise information sessions at key locations in the coming weeks to elaborate on the changes. Details of these sessions will be posted on the MPA website.

A new Zoning Plan User Guide will be available before March 1, and replacement signs will be installed. MPA officers will also be out in the park during coming months letting people know about the changes.

Detailed information on the new zoning plans are available at www.mpa.nsw.gov.au. h

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BIA of NSW LOGBOOK March 2011 - 11

Taree launch of new Steber 38 rescue vessel for Marine Rescue Batemans Bay

C

ommissioner Glenn Finniss of Marine Rescue NSW, joined Marine Rescue volunteers, including Board members and representatives from Batemans Bay unit on Tuesday 22nd February at Steber International in Taree for the launch of their new rescue vessel.

This is Marine Rescue’s first new major offshore rescue vessel – a fast response Steber 38 with deployment capability for up to 30 nautical miles offshore.

The new vessel, Marine Rescue BM 30, is the first of several to be ordered from internationally successful NSW boat builder, Steber International of Taree. This will be the second Steber commissioned into the Marine Rescue fleet which has had a Steber 28 in service at Marine Rescue Broken Bay since 2009.

Marine Rescue NSW has embarked on a demanding replacement program for an ageing fleet of more than 70 craft to provide the NSW recreational boating community with a fleet of moder n, Australian-built rescue vessels and ensure the volunteers have the right equipment for rescue work.

Over 5,000 working hours have gone into the construction of BM 30 involving shipwrights, electricians, upholsterers, marine engineers, cabinet makers, fiberglass laminators and apprentices. That has made an important contribution to the local economy and development of local skills.

BM 30 is equipped with state-of-the-art Raymarine navigation, Icom marine radio electronics, Furuno AIS (Automatic Identification System), FLIR night vision and advanced first aid equipment including Australian Defibrillators cardiac defibrillator and oxygen therapy.

BM 30 will be stationed at Batemans Bay on the NSW South Coast as part of a strategically located safety net of offshore vessels covering the NSW coastline.

CHECK THE WEATHER Always check the weather before and during boating.

Weather reports are readily available. Log onto www.bom.gov.au or call NSW Maritime on 13 12 56 for up-to-date reports.

IF IN DOUBT, DON'T GO OUT

BM 30 nearing completion at Steber International Taree.

At the launch will be Marine Rescue NSW Commissioner Glenn Finniss, together with Jim Glissan QC, Chairman of the Board of Marine Rescue NSW; Kay Cottee AO, Patron; Peter Phillipson ESM, Director for Hunter/Central Coast and Marine Rescue Fleet Manager; Alan Steber, Managing Director of Steber International and representatives from Marine Rescue Batemans Bay and other units.

Other agencies that have also chosen Steber include NSW Water Police, NSW Fisheries, NSW Maritime and Australian Customs as well as numerous private commercial operators.

While additional funding from the NSW government and contributions from the boat licences and registrations of the state’s boating community, has made it possible to acquire this vessel, Marine Rescue NSW still needs to raise close to $7 million a year to match these funds to achieve the total budget of $14 million needed to run the service.

BM 30 was transported by road from Steber International to the Manning River at Endeavour Place, Queen Elizabeth Park off the end of Stevenson Street, Taree.

The vessel took its maiden run travelling several times up and down the river past the launch point. After this it was berthed and will spend about two weeks undergoing sea trials then she will travel to her home port of Batemans Bay. Steber has arranged for Batemans Bay crews to oversee installation of the motors of the second Steber being built.

This will give these volunteers a thorough understanding of the mechanics and procedures involved to maintain their vessel in first class condition. h

A marine band radio helps you keep in touch with weather updates. Out on the water monitor the weather reports regularly, especially if changes are predicted.

ENJOY SAFE BOATING www.bia.org.au Ph: 02 9438 2077

For employment in the marine industry visit www.bia.org.au and click on 'Employment ... Jobs Vacant/Jobs Wanted'.

For boating weather, log onto www.bom.gov.au/marine.

Boating Industry Association

12 - March 2011 BIA of NSW LOGBOOK

Commissioner Glenn Finniss of Marine Rescue NSW.

Call for all boaties to ‘Log On’ with their local volunteers

Use your radio to Log On for your Life with Marine Rescue NSW.

M

arine Rescue files are full of cases proving the value for skippers of Logging On with the local volunteer Marine Rescue base before going out for the day and Logging Off on return.

“When a skipper Logs On with their local Marine Rescue unit, they ensure that someone responsible is keeping a radio watch on that day’s trip – whether it’s fishing offshore or just a quiet cruise to a favourite, sheltered bay,” Glenn Finniss, A/Commissioner Marine Rescue NSW said.

“The great majority of Log Ons finish with a short radio call to Log Off and tell the Marine Rescue volunteers that you and your passengers are back safe. But it’s when we don’t get a Log Off that we go on alert,” said Commissioner Finniss.

The Marine Rescue NSW Log On/Log Off service is very simple. All a skipper needs to do is call the local Marine

Rescue base and provide some basic information about the boat, the number of people on board, some contact details and the day’s plans – which is usually as simple as where you’re going, what you’re planning, for example, fishing or a cruise, and when you’re planning to return.

These details are entered into the Log at the Marine Rescue base and the operators then know when you plan to call in to Log Off. Many smart skippers are already registered with the Marine Rescue unit and much of that information is already recorded so all a skipper has to do for each Log On is provide the details of that day’s plans.

The operators at Marine Rescue volunteers have a standard operating procedure whenever any Log Off is late. The radio operators will try to contact the skipper by radio. They’ll also try by phone. They’ll check the home contact provided in case the skipper just plain forgot – which is not hard to do if you’ve had a good day out.

When it seems certain that something may have happened, Marine Rescue will start to look for the missing boat beginning with the information the skipper provided at the Log On. It could be as simple as a malfunction with the radio – or it could be as serious as a capsize by a rogue wave that knocked out all communications.

Whatever the reason, every year dozens of people have been very grateful that the skipper of their boat Logged On before they left. Because unless Marine Rescue knows you’re out there, no-one may raise the alarm until many hours go by.

“Get into the Log On habit,” said Commissioner Finniss.

“Contact your local Marine Rescue unit at more than 50 locations on the NSW coast. Log On when you go out, Log Off when you get back and enjoy safer boating whenever you’re on the water.” h

3,000th volunteer member signs up

M

arine Rescue NSW Commissioner Glenn Finniss announced on 9 February the recruitment of the organisation’s 3,000th member.

“This is a significant milestone and represents a 33% increase in the number of Marine Rescue volunteers in NSW,” Commissioner Finniss said.

This achievement is an historic occasion and reflects well upon the committed and dedicated members of Marine Rescue NSW - from the volunteers who man the radios around the clock, the men and women who crew our rescue vessels, through to the fund-raisers, support volunteers and other members who help us to help others.

The NSW boating public can take comfort that there is such a large group of people whose sole intent is their safety on our state’s waterways.

“Now for the next 1,000 members,” said Commissioner Finniss. “Boating continues to grow in NSW and there are plenty of opportunities for more Marine Rescue volunteers.

“Every week so far this year, and we’ve only just passed the 6th weekend of 2011, every one of our more than 50 units has provided emergency assistance to people in trouble on the waterways.

“This has ranged from Marine Rescue Water Ambulance evacuations for two patients on different days, both suffering chest pains on boats in Refuge Bay on Sydney’s Cowan Creek; urgent assistance for two teenagers, also in separate incidents, on the South Coast, both with suspected spinal injuries; an offshore search for a yachtsman lost overboard from his

One of the latest additions to the Marine Rescue fleet – Sapphire Rescue in Merimbula.

boat in severe weather conditions on the NSW north coast and numerous emergency tows for boats with mechanical or electrical problems.”

See the website www.marinrescuensw.com.au for more about the activities of Marine Rescue NSW. Start the ball rolling on the next 1,000 volunteer members of Marine Rescue NSW and click on the “Want to be a volunteer” icon on the front page. h

BIA of NSW LOGBOOK March 2011 - 13

Education, Training & Development

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hat’s your corporate New Year’s Resolution for 2011?

Is it to save money? Boost productivity? Get your OHS in order?

Brush up on your computer skills? Or just to network more and build up your business contacts?

We may be able to help you out – check out the training calendar for courses and events being run over the next few months, and for those all importance dates for your diary. Book early and don’t miss out on the chance to tick off your list and reach your training and development goals for the year.

Dates for your Diary

See table below.

There are plenty of ways you can register for a course: Use the booking form in the back of this edition and fax to 9439 3983 or scan and email to corrina@bia.org.au

you’re in good hands

Download a registration form from www.bia.org.au/training and fax or email as above.

Call 9438 2077 and ask to be registered.

Keep up to date with the latest course dates and locations by regularly visiting www.bia.org.au/training.

Course Registrations Open for 2011

Registration is now open for the two biggest events of the training calendar – Managing Environment Health & Safety (EHS), and Marine Sales Professional Development & Seminar. 2011 brings a fresh look to the popular courses and holds its 2010 course prices, so that you can benefit from up to date, relevant training without breaking the bank.

WorkCover sponsor two Managing Environment Health and Safety course places

Managing EHS has previously benefited from a revamp and inclusion of an environmental section, with all attendees being eligible to apply for a $500 rebate under the WorkCover Safety Solutions Program. Now, in 2011, WorkCover have confirmed they will be providing sponsorship for two attendees of this industry-specific training course: 50% of the course fee for those within the metro area, and the full course fee for those outside.

For more information about applying for the sponsorship or the course, email training@bia.org.au or call 9438 2077.

Marine Sales Professional Development

Meanwhile, Marine Sales Professional Development & Seminar has been restructured (in consultation with the Marine Brokers Association), with a strong focus on Customer Service and Sales Skills, and featuring a specially designed workshop for managers, brokers and retailers alike. As in previous years, subject matter experts will be on hand to share their extensive knowledge and experience and, as usual, the whole thing culminates in the extremely popular and well attended Seminar and social evening, allowing you to catch up with other sales professionals in the industry.

Registrations for either event are welcome – spaces are limited, so please book now by using the registration form in this edition of Logbook, or by emailing training@bia.org.au, or by calling Corrina on 9438 2077.

Watch This Space …

As well as the usual Marine Card OHS General Induction and Electrical Test & Tag courses, the BIA will also be looking to introduce new training in 2011. Watch this space for information about computer based training including Excel, Word, Outlook, Powerpoint, and lots more. h

BIA training calendar for Mar-Jun 2011 MARCH 16 23 24 29

7:00pm – 9:00pm 7:00pm – 9:00pm 7:00pm – 9:00pm 8:00am – 12noon

Better Business Seminar Better Business Seminar Better Business Seminar Marine Card

Newport Port Macquarie Newcastle Newport

7:00pm – 9:00pm 8:00am – 12noon

Better Business Seminar Marine Card

Sutherland Sydney East

1:00pm – 5:00pm 8:00am – 12noon 8:30am – 4:30pm 1:00pm – 5:00pm 7:00pm – 9:00pm

Marine Card Marine Card Electrical Test & Tag Marine Card Better Business Seminar

Penrith Mooney Mooney Sydney South Belmont Silverwater

1:00pm – 5:00pm 7:00pm – 9:00pm 8:30am – 5:30pm 1:00pm – 5:00pm

Marine Card Make the Most of Your Boatshow Marine Sales Professional Development Marine Card

Inner West Sydney Sydney Nowra/Shoalhaven

APRIL 12 13

MAY The only marine website owned and operated by the Boating Industry Associations & it’s Members

3 10 11 24 25

JUNE 8 8 21&22 28

14 - March 2011 BIA of NSW LOGBOOK

Competitive Manufacturing – the science of ironing out the wrinkles

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embers from across the BIA spectrum attended an information night at Rozelle on 23 February.

The BIA organized this event to highlight the potential business benefits of Competitive Manufacturing for the boating industry, shedding light on how the application of simple process-improvement principles in boating businesses could drive up productivity, and therefore profitability and sustainability.

Thirty members enjoyed presentations addressing the qualifications and concepts that underpin Competitive Manufacturing, as well as information on significant training cost subsidies currently available through Government initiatives.

Our thanks to the Hunter Institute, Australian Business Limited Apprenticeship Centre (ABLAC), The Enterprise Connect Program, and Manufacturing Skills Industry Training Advisory Board (MSA ITAB) for their substantial contributions to this event.

Preceding the formal part of the night, attendees took the opportunity to visit Sydney City Marine and Sydney Superyacht Marina. The yard at the foot of the ANZAC bridge is now fully functional with all of its high-tech tools and systems in full swing, and right next door prolific developers Brian and Justin James unveiled plans to transform the superyacht marina and adjacent precinct.

Gatherings of BIA members are usually a good platform for networking and this was no exception. Throughout the afternoon and evening it was a pleasure to see old

Thirty members enjoyed presentations from across the BIA spectrum.

acquaintances renewed, and new relationships forming. We’re all in the same boat after all … h Alan Barrett

Workplace Advice Line Boating Industry Association members can access the NSW Business Chamber Workplace Advice Line 13 29 59, a dedicated phone line connecting you directly to experienced workplace specialists who can answer your questions regarding your workplace, helping you manage your obligations as an employer.

ARE YOU ON TOP OF IT? The NSW Occupational Health & Safety Act 2000 and Environmental Considerations contain critical responsibilities for employers, employees and independent contractors

The BIA can guide you in meeting your legal obligations, keeping your people safe and your business compliant, through training courses designed specifically for the marine industry

MANAGING ENVIRONMENT, HEALTH & SAFETY

CONTRACTORS PACKAGE MARINE CARD OH&S

(MEH&S)

GENERAL INDUCTION

Are you a manager, supervisor or principle contractor in the boating industry? Do you take responsibility for EH&S management in your organisation? ‘MEH&S’ will give you the tools and skills needed to help keep your business on the right side of the law.

Controllers of access to commercial property must ensure that those “at work” on the premises have a basic awareness of OH&S, whether they are staff or contractors.

It will provide you with an understanding of your legal obligations and will help you put into place effective plans, methods and practices to keep your people safe and your business compliant.

The Marine Card demonstrates to Marinas and other businesses that the holder is aware of their generic OH&S responsibilities, and is recognised industry-wide. It’s valid for 5 years and is suitable for all types of marine business.

Save time, save money. For contractors, recognition of your OH&S awareness is as simple as Marine Card.

Find out more & book onto a course today log onto www.bia.org.au call (02) 9438 2077 email training@bia.org.au BROUGHT TO YOU BY BIA EDUCATION, TRAINING & DEVELOPMENT

BIA of NSW LOGBOOK March 2011 - 15

‘Ride Right’ Jetski Safety Campaign N

SW Maritime launched a new personal watercraft (PWC) education package, ahead of the peak summer holiday season to promote safety and reduce anti-social behaviour.

NSW Maritime Chief Executive Steve Dunn said the ‘Ride Right’ safety package – including a DVD, a mobile phone pouch, a new behaviour sticker that was compulsory to attach to all PWC, a flier, a booklet outlining safety requirements and website - aimed to promote safe and responsible use of the craft.

“Two-time world surfing champion Tom Carroll and five-time world PWC champion Kylie Ellmers are safety ambassadors for Ride Right,” Mr Dunn said.

“Tom is professional waterman and uses a PWC with his Storm Surfers team to tow into massive waves in some of the most remote places on earth, while Kylie is at the pinnacle of the sport winning her fifth PWC title recently in the USA.” Tom Carroll said: “PWC are awesome craft and make it possible to catch waves we have never ridden before but you need to know what you are doing and ride right.”

Kylie Ellmers said: “PWC are not just another toy … they are a powerboat, just smaller, and you need to know the rules for safe use.”

The Ride Right safety education package was made with the support of the Boating Industry Association and other stakeholders in a bid to improve the culture of safe behaviour on NSW waterways.

PWC Safety ambassadors Tom Carroll and Kylie Ellmers.

The short film on DVD, safety booklet and new behaviour label are being sent direct to more than 40,000 people in NSW who hold a licence to ride a PWC. The flier will be included in renewals to all PWC licence holders, the DVD will be available from PWC retail outlets and NSW Maritime offices.

NSW Maritime Boating Safety Officers will conduct random safety checks of PWC this summer and hand out free waterproof mobile phone pouches to riders. These pouches can also hold a PWC Licence card and have a reminder of the key safety messages which include: • Carry your PWC licence • Wear a lifejacket • Observe restriction zones • Obey speed restrictions • Stay under 10 knots near people, vessels or shore • Keep safe, stay right Mr Dunn said the majority of PWC riders were law abiding but there was a minority who caused community concern through anti-social behaviour. The Ride Right campaign will run for the remainder of the boating season and aims to reach all riders to promote a safety culture on our waterways.

NSW Maritime Urges Towing Safety N SW Maritime Chief Executive Steve Dunn has reminded boaters to exercise caution when involved in towing sports such as waterskiing, aquaplaning and wakeboarding.

“Boaters are reminded that towing sports have their own inherent dangers and extra precautions are necessary,” Mr Dunn said.

NSW Maritime recently checked around 1,300 vessels as part of its statewide safety campaign ‘Operation Tow Smart’, in a bid to ensure compliance with towing requirements, educate the boating community about new lifejacket laws when towing and warn about the dangers associated with prop strike.

On a region-by-region basis the results of the campaign were as follows: • Sydney Region: 232 vessels checked, 9 infringements, and 1 formal warnings; • Hunter Inland: 240 vessels checked, 2 infringements and 10 formal warnings; • Hawkesbury/Broken Bay: 155 vessels checked and 6 infringements and 8 formal warnings; • North Coast: 206 vessels checked, 9 infringements and 10 formal warnings;

16 - March 2011 BIA of NSW LOGBOOK

• Murray Inland: 234 vessels checked and 22 infringements and 6 formal warnings; • South Coast: 231 vessels checked, 2 infringements and 5 formal warnings.

Mr Dunn said boating safety officers had also distributed ‘Take Care Be Prop Aware’ brochures and stickers to educate vessel operators about towing requirements when conducting standard safety checks.

He said other towing safety rules and advice included: • Carrying an observer aged 16 years or older or holding a young adult licence to keep watch over the people being towed; • Not towing more than three people at the same time; • Ensuring people being towed, whether in a tube, on skis or on a wakeboard, wear a life jacket; • Ensuring the towing vessel is registered and displays a safety label; and • Ensuring the skipper, observer and person towed are under the 0.05 alcohol limit.

For more information on boating safety, go to www. maritime.nsw.gov.au

Rob Shehadie at Brighton Boating safety Beach for PWC Safety highlighted in Awareness ‘Operation Blue Water’

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Actor/comedian Rob Shehadie with PWC enthusiasts at Brighton Beach on Sydney’s Botany Bay, Saturday 5 February 2011.

Shehadie has joined a NSW Maritime boating safety campaign to promote safe and responsible use of personal watercraft.

R

ob Shehadie, actor / comedian (Rocky from Fat Pizza and TV Week Logie nominee) has joined a NSW Maritime boating safety campaign to promote safe and responsible use of personal watercraft such as Waverunners, Seadoos and Jet Skis.

Rob met jet skiers and beach goers at Brighton Le Sands on the weekend.

Rob’s slogan to remind people to keep safe is ‘Take it Easy’. He supports NSW Maritime safety advice for personal watercraft (PWC) riders which includes the following: • Keep a proper lookout • Keep to a safe speed • Slow down to under 10 knots when near other vessels, the shore or people • Carry a PWC licence • Observe navigation restrictions • Wear a lifejacket “All watercraft operators need to be vigilant as the safety of swimmers is paramount,” said the Mayor of the City of Rockdale, Councillor Bill Saravinovski, adding his support to the PWC Safety Awareness Campaign.

NSW Maritime General Manager Operations Howard Glenn said PWC riders had to take extra care when near people, either by the waterfront or swimming.

“It is important that people riding PWC know and observe the rules for safe and responsible boating,” Mr Glenn said.

“By applying care, courtesy and common sense riders can have fun while respecting others.”

At various times over the next month, Rob will be visiting Brighton and Revesby Beaches.

To download pics from the weekend, go to http://www. flickr.com/photos/nswmaritime/

ailure to comply with essential boating safety equipment requirements was the most common infringement issued during Operation Blue Water on the weekend of 12 & 13 February, according to NSW Maritime Chief Executive Steve Dunn.

Mr Dunn said NSW Maritime Boating Safety Officers had carried out more than 500 on-water safety checks of boats during this offshore boating compliance campaign.

“While overall compliance was reasonable, it is important for all involved in the boating community to always be safe and responsible,” he said.

“NSW Maritime patrols the waterways statewide in an ongoing bid to promote a safety culture,” he said.

“On-the-spot safety checks are part of this work. The most important safety item is the lifejacket and there must be one for every person on board, it must be of appropriate size and in good condition.

“New safety rules introduced last year have also increased the times when it is necessary to wear a lifejacket.”

Lifejackets must now be worn in a range of ‘heightened risk’ situations which include the following: • Children under the age of 12 in a boat less than 4.8m; • Anyone boating alone, or at night, or on alpine waters, in a boat less than 4.8m; and • All on board when offshore in a boat less than 4.8m.

NSW Maritime issued 33 infringements and 34 formal warnings statewide during Operation Blue Water.

In total, 12 infringements and 15 formal warnings were related to safety equipment.

NSW Maritime safety ambassadors Andrew “ET” Ettingshausen (trailerboat fishing) and ocean adventurer Pete Goss (offshore voyaging) offer safety advice for skippers at www.boatforlife.com.au General boating information, including more detail on lifejacket requirements, is available at www.maritime.nsw. gov.au

LIFEJACKETS

You must have an approved lifejacket for each person on board.

Check that they are in good condition and everyone knows where they are stored.

It is recommended that children wear a lifejacket whenever in a boat. Make sure it is the right size and properly fitted.

Be prepared - have a drill so people know what to do if there is an accident.

It is compulsory to wear a lifejacket when crossing a coastal bar.

ENJOY SAFE BOATING www.bia.org.au Ph: 02 9438 2077

NSW Maritime is working with Cultural Partners Australia to promote safe boating to the community.

For employment in the marine industry log onto www.bia.org.au and click on ‘Employment ... Jobs Vacant/Jobs Wanted’ For boating weather log onto www.bom.gov.au/marine

Boating Industry Association

BIA of NSW LOGBOOK March 2011 - 17

2010 Annual Report 10 Year Customer Trends

Vessel registrations

N

SW Maritime has released their 2010 annual report. The document reviews the year and will give you an overview of the department’s activities and results. The following are some extracts from this report that show 10 year trends.

The full report can be viewed or downloaded from their web site. Visit www.maritime.nsw.gov.au and click on the ‘publications’ area.

The total number of recreational vessel registrations increased by 1.9 per cent to 226,515. General boating registrations increased by 1.7 per cent while personal watercraft registrations, which account for 3.7 per cent of all registrations, increased by 8.4 per cent. Registrations have increased by 26 per cent since 2000-2001.

Boat licences The total number of recreational boat licences in NSW increased by 1.6 per cent to 491,521. General boating licences increased by 1.2 per cent.

Personal watercraft licences, which account for 7.9 per cent of all licences, increased by 6.4 per cent to 38,718. There has been a 16.3 per cent increase in all licences since 2000-2001.

Moorings

imagine

Total mooring sites have increased by 11.4 per cent over the past 10 years. In 2009-2010 the number of private moorings (15,860) increased by 0.5 per cent, while sites at commercial moorings (4,937), for which there are 1,210 licences, have increased by 9.5 per cent since 2000-2001.

the p o s s i b i l i t i e s

marine craft construction and composite technology flexible training centre

learn from home... your workplace... @ tafe... get recognition for your skills develop your career with national competencies new courses for 2011: • Advanced composites (resin infusion, pre-pregs, vacuum bagging etc) • Surfboard making

ing cater iduals v i d for in & ups l gro l a m s

• Marine coatings • Composite detailing and repair • Competitive manufacturing • Marine small craft surveying

Contact details: t. 02 4923 7249 e. ross.mitchell13@tafe.nsw.edu.au 18 - March 2011 BIA of NSW LOGBOOK

MA10133

also ask about new entrant and existing worker trainee and apprenticeship training options.

Commercial vessels As at 30 June 2010, there were 10,120 commercial vessels operating in NSW. Commercial vessels are vessels used for a commercial purpose as defined under the Commercial Vessels Act 1979 and include charter boats, ferries, water taxis, commercial fishing vessels, oyster punts, workboats, tugs, barges, adventure rides, houseboats, hire and drive vessels, white-water rafting vessels and sail-training vessels.

All commercial vessels operating in NSW are required to comply with the Commercial Vessels Act 1979 including complying with the Uniform Shipping Laws (USL) Code for design, construction, equipment, and crewing, and are surveyed to ensure compliance.

Based on risk, a number of types of vessels are exempt from certain requirements of the Act provided other safety measures are put in place.

Commercial vessel registrations Commercial vessels that are exempt from some or all of the requirements of the USL Code, and from the requirement to undergo survey and hold a Certificate of Survey, include estuarine fishing vessels, work boats operating on smooth waters, small hire and drive vessels operating under a Hire and Drive licence, white-water rafting vessels, and oyster punts. There were 7,765 such vessels at 30 June this year.

These vessels are required to comply with a range of other specified safety requirements depending on the risk.

&

Boating Industry Association

Sta Stationery Products P Marina Association stationery

Marina Craft Berthing, Storage and Mooring Agreement Printed in duplicate for licensor, licensee.

Essential for marina operators $25.00 per pack of 25

Marine Brokers stationery

Authority to Sell $22.50 per pack of 25 Contract for Sale of a New Boat $37.50 per pack of 25 Statutory Declaration $12.50 per pack of 25 Vessel Details - Power $16.50 per pack of 25 Vessel Offer to Purchase $16.50 per pack of 25 Vessel Selling and Purchasing Agreement $22.50 per pack of 25

MIMRA stationery

‘Customer item ID’ card $25.00 per pack of 100 ‘Next Service’ sticker $10.50 per pack of 50 ‘STOP - Do not operate’ tag $48.00 per pack of 100

Commercial vessels in survey

50 Point Safety Check stationery

Of the 10,120 commercial vessels registered and operating in NSW 2355, or 23 per cent, are subject to a Certificate of Survey indicating that they comply with the highest level of safety standards. The majority of these vessels are subject to an annual survey inspection to ensure they continue to meet rigorous safety standards.

Initial surveys completed This year 207 vessels completed initial survey, an increase of 32 percent on the previous year’s figure.

Registered providers only Checklist forms $20.00 per pack of 50 Flyers $25.00 300 flyers Replacement stamp $35.00

General Fuel tester $10.00 A4 frame $10.00

$9.95 postage and handling. Prices include GST

You can download a copy of the Stationary Order Form from the Members Area of the BIA website

www.bia.org.au 1_BIA stationeryServices_Advert.indd 1

29/4/10 11:50:04 AM

BIA of NSW LOGBOOK March 2011 - 19

Did you know that you can submit your Super contributions online?

A

s an employer, you want to do the right thing by your staff, while making things easy for yourself. At MTAA Super, we’ve made administration of your super as simple as possible.

Employer SuperSite and Super FileManager are our online services designed to save you time completing your superannuation requirements each month. They are easy to use and get you back to doing the things that are important to you.

Instead of completing your submission via paper each month, you can simply login to Employer SuperSite or Super FileManager and complete the online form. Each month your employees information will be automatically loaded into your account saving you time.

Switch to using Employer SuperSite and Super FileManager and benefit from:

• Monthly contribution reminder emails to keep your submissions on track • Choice of payment options including EFT, BPAY and Direct Debit • Save time with your submission with pre-loaded employee details (after initial set-up) • Secure access and storage of data of SG obligations across multiple accounts • Convenient access 24 hours a day, 7 days a week • Less reliance on paper filing

SuperSite

MTAA Super encourages its employers to access their account and submit contributions using our online administration solution, Super Site. It greatly reduces the time and effort required to manage your super obligations.

Once you’ve registered it will take just a few minutes each month to manage your contributions. SuperSite is easy to use and allows you to: • Complete contributions for different payrolls in your company at the same time

CHECK THE WEATHER Always check the weather before and during boating.

Weather reports are readily available. Log onto www.bom.gov.au or call NSW Maritime on 13 12 56 for up-to-date reports.

IF IN DOUBT, DON'T GO OUT

A marine band radio helps you keep in touch with weather updates. Out on the water monitor the weather reports regularly, especially if changes are predicted.

ENJOY SAFE BOATING www.bia.org.au Ph: 02 9438 2077

For employment in the marine industry visit www.bia.org.au and click on 'Employment ... Jobs Vacant/Jobs Wanted'.

For boating weather, log onto www.bom.gov.au/marine.

Boating Industry Association

20 - March 2011 BIA of NSW LOGBOOK

MTAA Super workplace presentations It’s easy to arrange a presentation in your own workplace, and each presentation is tailored specifically to your staff.

Just tell your Business Development Manager (BDM) the subjects you would like to see covered, and they will put together a special presentation for you.

It might include for example, insurance, making extra contributions and consolidating super—there are a range of topics that can be discussed, so talk to your Business Development Manager about what your employees are interested in. Call us on 1300 362 415 to be put in touch with your local BDM. • Register and keep track of your payments • View historical contribution records and a full transaction history • Select your preferred payment method-EFT, BPAY or direct debit • Check and update your details • Amend your employees’ records at any time including adding and deleting multiple employees.

Super FileManager

If you are using an electronic payroll system, Super FileManager could be the option for you. Super FileManager is a secure online service that allows you to upload electronic files generated from your payroll system. Super FileManager is compatible with most of the commonly used electronic payroll systems.

All you need to do is contact MTAA Super to verify that your electronic payroll file is compatible with Super FileManager.

• Super FileManager allows you to: • Submit contributions by uploading data files containing member contribution information • Receive email notifications and updates on the status of your submission • Select your preferred payment method-EFT, BPAY or direct debit • Assign multiple user access and user responsibilities • Generate employer contribution reports • View your history of submissions • Edit your employer profile

More information and help

To learn more about Employer SuperSite or Super FileManager, visit www.mtaasuper.com.au. Alternatively, email us at mtaasuper@mtaasuper.com.au or call our Customer Service Centre on 1300 362 415.

This document is issued by the Motor Trades Association of Australia Superannuation Fund Pty Limited (ABN 14 008 650 628, AFSL 238 718) of Level 3, 39 Brisbane Avenue Barton ACT 2600, Trustee of the MTAA Superannuation Fund (ABN 74 559 365 913, SPIN MTA0100AU). Motor Trades Association of Australia Superannuation Fund Pty Limited has ownership interests in Industry Super Holdings Pty Ltd, ME Bank Pty Ltd and Superpartners Pty Ltd. The information provided is of a general nature and does not take into account your specific financial needs or personal situation. You should assess your financial position and personal objectives before making any decision based on this information. We also recommend that you seek advice from a licensed financial adviser. The MTAA Super Product Disclosure Statement (PDS), an important document containing all the information you need to make a decision about MTAA Super, can be obtained by calling MTAA Super on 1300 362 415. You should consider the PDS in making a decision.

Does your super fund tick all the right boxes?

Low fees No commissions Run only to benefit members

MTAA Super is the Industry SuperFund for the Motor Industry and anyone can join.

For more information visit www.mtaasuper.com.au Motor Trades Association of Australia Superannuation Fund Pty Ltd (ABN 14 008 650 628, AFSL 238 718) is the Trustee of MTAA Superannuation Fund (ABN 74 559 365 913). You should consider whether or not MTAA Super is appropriate for you. The MTAA Super Product Disclosure Statement (PDS) can be obtained by calling us on 1300 362 415. You should consider the PDS in making a decision.

Are the Terms in Your Consumer Contract Fair?

by Marcel Vaarzon-Morel*

W

ith the enactment of the new Trade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth), which will be referred from here on in as the ‘ACL’, I can already hear the reader sighing and muttering “not more legal hoops to jump through”!

However, it can be argued that this legislation has not burdened business further, as the principles underpinning the new national consumer legislation are not new, existing in one form or another prior to this legislation being enacted. And further, there was no or little conformity between the different state’s consumer contract laws.

Therefore, as a result of this conformity there are benefits for the consumer and business due to consumer laws being standardised across all state and territory borders. And without wanting to seem to enthusiastic about the new legislation, it does have the potential to offer clearer guidance to the marine business when reviewing their consumer contracts.

Who is not affected?

The ACL is not applicable in respect to: • business to business transactions as one of the parties involved in the contract must be an individual, acquiring the product or service wholly or predominantly for personal, domestic or household use or consumption.

• certain shipping contracts-marine salvage or towage, ship charter parties, contracts for the carriage of goods by ship.

• contracts that are Constitutions of companies, managed investment schemes or other kinds of bodies

• contracts covered by the Insurance Contracts Act 1984 Therefore, as far as commercial agreements go between businesses the ACL has no effect and it will be smooth sailing for business.

Exempt terms

Similarly, there are particular terms within a contract that are not covered by the ACL being; terms which define the main subject matter of a consumer contract. This includes those that define the product or service being supplied. terms that set the upfront price payable under the contract; provided it was disclosed before the contract was entered into. terms that are required, or expressly permitted, by a law of the Commonwealth or a State or Territory. For example for those that limit liability under the TPA.

Who is affected?

The aims of the ACL are to correct any imbalance of bargaining power that may exist between business and the consumer, where the consumer is given little or no opportunity to negotiate when entering into a standard form consumer contract (consumer contracts).

“The bottom line is that unfair terms in new, renewed or altered existing consumer contracts on or after 1 July 2010 will be seen as void.”

Therefore, consumer contracts that are entered into prior to 31 June 2010 will not be affected unless the terms are altered or renewed.

So what does this mean for the marine business that sells to the potential new owner of a vessel? Business should be proactive and it would be a prudent marine business that gets its existing consumer contracts reviewed by a competent solicitor and any contracts the business wishes to alter or renew.

How does the business owner recognise what is a Standard Form Contract?

V M M

VAARZONMOREL SOLICITORS For all your marine legal needs www.vmlegal.com.au (02) 4929 1174

22 - March 2011 BIA of NSW LOGBOOK

The ACL starts with the presumption that all consumer contracts are standard form contracts, so the range of contracts affected by this new law potentially is very wide. The task of proving that the consumer contract is not a standard form contract is then left up to the marine business wishing to rebut this presumption by presenting evidence to this effect.

Therefore, the business should keep good written records of conversations, diaries and any other evidence that not only assists business generally with doing business but also in the event of a dispute.

The term ‘Standard form’ is not defined in the legislation however, it usually means that the same terms are offered to all without negotiation. If your business is concerned about being caught by the legislation the following suggestions may assist your marine business in the provision of non-standard customer contracts.

• Business should tailor their agreement to suit the client and • Allow terms to be varied where possible and • Allow flexibility in contracts and • Tailor contracts to suit the customers individual characteristics such as income and ability to pay and • Allow the boat owner to negotiate terms.

Please note these suggestions are not a definitive list as

courts have discretion to take other matters into account.

However, if the contract meets the above criteria it would be most likely that the contract was considered a non-standard customer contract.

When will a term be deemed to be unfair?

If your contract is found to be in a standard form then the next question for the court is whether a term is unfair.

While the court can rely on various factors there is a three limbed test for unfairness and each limb must be proven on the balance of probabilities.

Therefore, when a marine business is considering drafting new or reviewing old contracts the terms of those contracts should be considered with respect to the following test; A term will be deemed unfair where it: 1. would cause a significant imbalance in the parties’ rights and obligations arising under the contract.

Therefore, for business to avoid a term being considered unfair the customers circumstances such as income, financial and other relevant matters should be considered.

2. is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term.

Put simply are each of the terms in the contract absolutely necessary or required to protect the commercial interest of the marine business.

3. would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.

This question is far more difficult for business to pre-empt as the court is being asked to consider circumstances where there may be other forms of detriment such as delay or distress suffered by the consumer due to the unfair term and not merely financial detriment. Therefore, a business needs to be prudent when considering the circumstances of their customers before a contract is entered into.

Additional to the above test further relevant matters can also be considered and a Court must also take into account: • the extent to which the terms are transparent; and • the contract as a whole.

When are terms Transparent?

In reviewing consumer contracts a business should also consider whether the terms of their contracts are transparent.

A contract is considered to be transparent if it is expressed in reasonably plain language, it is legible and it is presented clearly and is readily available to any party who may be affected by the term.

Note, a term which does not meet the transparency requirement will not necessarily be seen as unfair and transparency on its own account will not necessarily overcome any underlying unfairness that is already present in a term of a contract.

The contract as a whole

This emphasises the importance of context such as; when, where and how the contract was entered into. Whilst a term may be seen unfair in one particular contract, this does not automatically mean it is unfair to include it in another contract as it depends on the particular circumstances. The meaning of context is very difficult to define and the marine business will have to be prudent and consider each agreement and how it is entered carefully.

Effect of the legislation

While some of the above tests may seem overburdening there are some positives as the ACL encourages the use of Alternative Dispute Resolution (ADR), in order to attempt to

Marcel Vaarzon-Morel.

resolve a dispute with a business before any legal action is taken. Therefore, the may be a cost saving benefit to business.

Further, if a term is found to be unfair it will be deemed to be void, however the contract will continue to bind the parties provided the remaining contract is capable of operating without that term. Therefore, it is important when reviewing your consumer contracts that the contract is considered from the perspective of being able to operate despite terms being considered void.

If a term in your contract is deemed unfair then business should be aware that either the ACCC, ASIC or individual parties to the contract may apply to the Court for a declaration that the term of the contract is an unfair term.

And if a declaration is made by the Court that a term is unfair, it is a contravention of the ACCL to continue to rely upon, or apply the unfair term.

Finally, the importance of getting the contract right is highlighted further with the possibility of an application for compensation by consumers who have suffered loss as a result of an unfair term being included in a contract.

What to do now?

A business should get its standard form contracts reviewed and consider where possible using non-standard consumer (flexible) contracts where terms are tailored to suit the customer. In both these scenarios a competent commercial/ contract lawyer will be able to assist.

Where a consumer contract has been entered into prior to the 1 July 2010 this contract will only be subject to the ACL if it is renewed or varied on or after the 1July 2010.

Therefore, business does not have to consider reviewing until required that is; • for renewed contracts the new laws will only apply to the contract as renewed, in relation to conduct that occurs on or after the renewal day.

• for varied contracts, the law will only apply to a term as varied, in relation to conduct on or after the date of variation.

The issues for marine business to consider are that it needs to be aware of the potential for a claim if the terms of its consumer contracts are unfair.

And further, the risk from giving up rights under the contract and the subsequent financial losses that flow should be weighed against the cost of obtaining good legal advice.

* Solicitor Marcel Vaarzon-Morel is the principal of VaarzonMorel Solicitors, a shipwright of over 20 years standing, and member of the Shipwrights & Boatbuilders Association of NSW. Vaarzon-Morel Solicitors are a general practice firm experienced in commercial and maritime law, located in Newcastle, NSW. www. vaarzonmorelsolicitors.com.au

BIA of NSW LOGBOOK March 2011 - 23

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UPSS Regulation – what is it and what does it mean for the Boating Industry?

T

hroughout 2010, the Marina Association of NSW (MANSW – a division of BIA) was engaged with the Department of Environment Climate Change & Water (DECCW) with regard to the newly-introduced regulation of Underground Petroleum Storage Systems (UPSS).

Interaction between government and the boating industry on this issue appears to be somewhat tardy, as the impacts and relevance of the UPSS Regulation to boating interest & facilities seem not to have been considered during the development of the regulation.

When coupled with the NSW government mandate supporting bio-fuels, the impacts on boating fuel supply & viability of marine-fuelling facilities are significant, and it is likely that the implications will be felt by industry and boaters alike for some time to come.

Fortunately, representatives of the Marina Association have been able to negotiate a realistic treatment of marina fuel facilities under the Regulation & associated exemptions framework, details of which were the subject of a dedicated presentation by DECCW staff to BIA & MANSW members at Middle Harbour in November 2010.

Additionally, the UPSS team at DECCW have provided the following information for the benefit of BIA members. We note that the UPSS Regulation is subject to statutory review in 2012 h Alan Barrett

Improving the management of underground petroleum storage systems (UPSS) The UPSS Regulation applies to all sites in NSW that have partially or completely buried tanks which contain petroleum product.

What is the UPSS Regulation?

A specific regulation for underground petroleum storage systems (the UPSS Regulation 2008) commenced on 1 June 2008.

It mandates particular aspects of Australian Standard (AS4897 & AS1940), ensuring industry best practice is followed by operators of these facilities. Operators are required to monitor regularly for leaks and meet minimum standards for their day-to-day management.

The Regulation aims to: • Reduce harm to the environment and human health • Minimise time consuming and costly remediation of contaminated land • Ensure appropriate decommissioning of tanks and validation of sites.

The UPSS Regulation applies to all sites in NSW that have partially or completely buried tanks which contain petroleum product.

The person responsible for ensuring a system complies with the Regulation (the duty-holder) may be the owner, operator or lessee, depending on the particular circumstances and/or lease agreement. Types of sites affected include active service stations, automotive retail and hire premises, mechanics and marinas.

Key requirements under the UPSS Regulation Currently, all sites operating underground petroleum storage tanks must have:

• Environment Protection Plan (EPP)

Documentation on equipment on-site, maintenance history and design and installation specifications. The EPP should also include procedures to detect and manage leaks and spills.

• Loss monitoring procedure

The procedure must meet current industry standards and should be carried out by a suitably trained person.

A range of specific obligations and requirements relating to measuring, loss detection, record keeping and document management are also set out within the Regulation.

From 1 June 2011, all sites must also have:

• Groundwater monitoring wells

These are used to detect any petroleum which may have entered groundwater. A minimum of three wells must be installed to maximise the likelihood of intercepting any contamination on site. Testing of these wells must occur every six months. A visual inspection is acceptable and samples only need to be sent for laboratory analysis upon initial well installation or if odour and/or visible contamination is detected in the well.

The wells must be installed by a person with industry recognised competence and experience. Drilling must be carried out by licensed drillers and a drilling permit may be required. Contact your local NSW Office of Water to find out the requirements in your area. For general licensing enquiries, call 1800 353 104.

Exemptions In certain environments such as where marinas are located, the exchange between groundwater (sub-surface water) and surface water (including the waters of an estuary or river) occurs frequently.

Under these conditions, groundwater monitoring wells may not be the most appropriate method for monitoring for releases of leaked petroleum product. In this case the person responsible may apply for a Class 4 exemption.

If you are unable to comply with all requirements of the UPSS Regulation, or believe that you have grounds to request exemption from certain requirements such as those relating to groundwater monitoring wells, the Department of Environment, Climate Change and Water (DECCW) is able to grant exemptions in certain cases which extend the deadline for meeting these obligations.

BIA of NSW LOGBOOK March 2011 - 25

Details on how to apply can be found in Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage System) Regulation 2008 (see: http://www.environment.nsw.gov.au/clm/ upssguidelines.htm).

See table below.

Applications for Class 4 exemptions should include a description of the alternative procedures for detecting a loss of product into the environment.

Class 4 exemptions may be issued with conditions which achieve an equivalent environmental benefit or an overall improvement of the environmental management of the site.

These conditions could include regular integrity testing, business plan for upgrading tanks, improvements to surface management or changes in site operations. We recommend that interested parties contact DECCW prior to submitting an application.

Due to the scheduled statutory review of the UPSS Regulation, all exemptions issued will only be valid until 31 May 2012.

Exemptions may be renewed on application six months prior to expiry. Renewal will be subject to compliance of previously issued conditions.

Regulatory responsibility Currently DECCW is the Appropriate Regulatory Authority (ARA) under the UPSS Regulation for all sites until 31 May 2012.

Local council retain their regulatory responsibility for other environmental issues such as noise, odour, spills and stormwater. DECCW remains ARA for licensed premises (including licensed marinas).

The role of planning and development consent authorities is not affected by the Regulation. It remains with local council or Department of Planning.

The Regulation is to be reviewed prior to June 2012 and this will include a review of the regulatory responsibility.

Class Class 1

Class 2

Class 3

Class 4

Exempt from Adopting an EPP, loss monitoring procedure and installing and testing groundwater monitoring wells.

Installing and testing groundwater monitoring wells.

Installing and testing groundwater monitoring wells.

Complying with any one or more requirement(s).

Are you considering removing or abandoning tanks?

The Regulation does not require the removal of tanks.

However, for OH&S purposes if tanks have not been used for 24 months they must be decommissioned.

NSW Workcover has published the Factsheet: Dangerous goods – Abandoning disused underground tanks (see: http:// www.workcover.nsw.gov.au/formspublications/publications/ Pages/abandoningdisusedundergroundtanks.aspx). The UPSS Regulation requires that a site validation report is submitted to the planning authority 60 days after completion of the tank decommissioning.

For OH&S purposes if tanks have not been used for 24 months they must be decommissioned.

There are a number of options for decommissioning tanks including complete removal or abandoning in situ by filling with foam or sand slurry. More details can be found in UPSS Technical Note: Decommissioning, Abandonment and Removal of UPSS (see: http://www.environment.nsw.gov.au/resources/ clm/1036technotedecom.pdf).

To find out more All documentation and guidance material can be found on the website: www.environment.nsw.gov.au/clm/upss.htm.

DECCW Environment Line: 131 555 To contact the UPSS team send an email to upssreg@ environment.nsw.gov.au or phone 131 555.

Applies to Tanks providing fuel to back-up generators or heaters, or tanks used to store waste oil.

Prerequisites No prerequisites.

Sites located outside an environmentally sensitive zone*.

Sites located inside an environmentally sensitive zone (see www.environment.nsw. gov.au/envsensitivezones. htm or by contacting DECCW directly.)

EPP

Any site where suitable alternatives are approved by DECCW.

EPP

Download BIA Logbook Logbook is now available from BIA’s website www.bia.org.au

26 - March 2011 BIA of NSW LOGBOOK

This exemption was issued by Government Gazette and does not require individual application.

Loss monitoring procedure EPP Loss monitoring procedure Evidence that systems and equipment installed would detect any leak before it causes significant environmental damage.

Evidence that any contamination on site does not adversely affect site use or impact offsite users.

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 memberbenefits

the Boating Industry Association is pleased to present the following suite of benefits exclusive to BIA members.

Below is a list of some BIA member benefits

General, Business and Motor Insurance – All BIA members are eligible for favourable insurance packages through BIA Marine Insurance.

Travel Insurance – All BIA members are eligible for free travel insurance through BIA Marine Insurance.

Education and Training – Access to educational programs (e.g. Better Business Seminars, Marine Card, Managing EH & S, First Aid and Marine Fire Management) aimed at marine businesses, at discounted rates or at no cost to members.

Boat Shows – Exhibitor discounts for the Sydney International Boat show, the largest boat show in the Southern Hemisphere and other industry specific Australia-wide BIA boat shows.

Online Advertising – www.boatsonsale.com.au The only online sales portal exclusive to BIA members providing competitive fees and unlimited listings.

Seminars – Members only access with free entry to Better Business and Technical seminars.

Business Advice – Direct access to NSW Business Chamber (Phone: 13 26 96) for advice on workplace, regulatory or business related matters.

Improved Financial Management – Access to preferred merchant fees, EFTPOS and credit card facilities only available to BIA members (terms and conditions apply).

Hertz Car Rental - As a member of the Boating Industry Association of NSW, you can save on car rental when you use Hertz. Simply quote your Customer Discount Program (CDP) number when you make a booking and you'll receive a special rate & benefits.

Volkswagon Corporate Discount – Members can receive up to 10% discount across the full VW range of vehicles and access heavily reduced dealer delivery charges.

50 Point Safety Check - Generate additional business by participating in BIA run and promoted programs - exclusive to members.

Accommodation Deals – Special “BIA member’s only” accommodation rates through the Accor Hospitality Group.

NSW Marine Directory – Additional member listings free.

BIA website – Provides access to current, industry-specific information, Members listings (with links where provided), a free Jobs Wanted and Vacant free listings.

Magazines – Receive free regular editions of BIA “Logbook” and a complimentary subscription to “Marine Business”.

Information and Advice - Access to professional and practical advice and information from the dedicated BIA team.

Stationery – The BIA has a range of industryspecific stationery available for sale to members only.

BIA Divisions – Within the BIA there are seven in -house divisions which concentrate on issues and concerns specific to each industry group. Your business may be eligible for membership of one of the following groups;

Promoting the best in the business The BIA promotes directly to the boating public the advantages of doing business with a BIA member. A symbol of integrity all members are entitled to use the BIA logo to identify their company is a BIA member. Advertising The BIA actively promotes the boating lifestyle and its members through sponsorship of the “Sydney Weekender” television program, newspaper, radio and magazine advertising and may be able to offer its members favorable advertising rates in selected publications.

Industry Representation The BIA has close links with Government and will represent the industry to all levels of government on marine issues. Code of Ethics All BIA members BIA of NSW LOGBOOK March 2011 - 27 participate in a voluntary Code of Ethics. This assures the public that your company has a high degree of integrity.

Work Health and Safety Legislation What will change for NSW?

NSW is working towards national work health and safety laws which will take effect from 1 January 2012.

While the new legislation will introduce changes to the way work health and safety is currently administered in the workplace, the basics of keeping your workplace safe will remain. These basics include: • making safety a priority • everyone having a say • identifying and controlling risks (if they cannot be eliminated), and • giving workers the information, training and supervision they need If your business / organisation complies with the current work health and safety laws then you are well on your way to meeting the requirements of the new laws.

So, what will change for NSW?

Work Health and Safety

‘Work health and safety’ replaces the term ‘occupational health and safety’. The new legislation takes into account modern work practices and ensures that everyone is responsible for workplace safety.

Persons Conducting a Business or Undertaking Under the new work health and safety legislation, a ‘person conducting a business or undertaking’ (PCBU) is the person with the primary duty of care for the health and safety of workers. A PCBU includes employers, sole traders,

List a Job Vacant List a Job Wanted for free

www.bia.org.au The BIA website has an active Jobs Vacant or Jobs Wanted notice board.

Listing a Job Vacant or Job Wanted is simple and can be done online.

Go to the BIA home page www.bia.org.au or www.bia.org.au/employment Listings are usually loaded onto the website within 24 hours.

For assistance, please contact Justine Merrony justine@bia.org.au or Linda English linda@bia.org.au Phone: (02) 9438 2077

28 - March 2011 BIA of NSW LOGBOOK

body corporate, unincorporated body, association and partnerships. You do not need to employ workers to be a PCBU. If you are a PCBU and you only have employees, your responsibilities will not change under the model work health and safety Act.

New Definition of Worker

To reflect the range of workplace arrangements in Australia today there is a change from employees as duty holders to ‘workers’.

Workers include employees, labour hire staff, volunteers, apprentices, sub-contractors and contractors. Effectively, if anyone is carrying out work for your business, they should be considered a worker. A contractor could be a worker to the person who engages them but can also be a PCBU to their own staff.

Reasonably Practicable

The model Work Health and Safety Act requires you to eliminate or control risks and this duty is qualified by the concept of reasonably practicable. This means that if you are a PCBU and you have a workplace issue, in resolving this issue, you need to take into account and weigh up all relevant matters including: • the likelihood of the hazard or risk occurring • the seriousness of the risk • what the person knows, or ought reasonably to know, about the hazard or the risk, and ways of eliminating or minimising the risk (for example codes of practices, guidance material, etc), and • the availability and suitability of ways to eliminate or minimise the risk WorkCover NSW and the work health and safety regulators in other Australian jurisdictions will have an important role to play in providing information on determining what is reasonably practicable. Further guidance in the form of codes of practice will be developed.

Consultation

The new work health and safety legislation retains consultation as a key element in any effective workplace health and safety program. The concept of consultation is the same as under the current legislation. It is about sharing information with workers and providing them with an opportunity to respond and to contribute to health and safety issues in the workplace that affect them. Under the new Work Health and Safety Act, PCBUs are required to consult with ‘workers’ not just employees Where there are overlapping duties PCBUs must consult, cooperate and coordinate activities with each other.

Health and Safety Representatives

The new Work Health and Safety Act introduces Health and Safety Representatives (HSRs) who will be the primary mode for workers for having their voices heard on health and safety matters.

HSRs have a similar role to OHS representatives but HSRs (if they have received appropriate training) can issue Provisional Improvement Notices (PINs) and may direct unsafe work to cease. You only have to have an HSR in your workplace if a worker requests one. HSRs will need to be provided training if they request it. The training will be a prescribed five day course with a yearly one day refresher.

Health and Safety Representatives: • represent work group members in relation to health and

safety matters at work • investigate complaints from work group members relating to work health and safety matters and inquire into anything that appears to be a risk to the health or safety of work group members, arising from the conduct of the PCBU • may direct unsafe work to cease under certain circumstances • may issue Provisional Improvement Notices but only after receiving appropriate training • accompany an inspector during an inspection • request that a health and safety committee be established WorkCover NSW Inspectors are available to support HSRs in providing advice and if there is a dispute, an inspector can be called in to assist in resolving issues.

HSRs have been operating in most other Australian states and territories for many years.

Boating Industry Association

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Work Health and Safety Committees

Work health and safety committees remain under the model Act but their role has changed to a more general role, such as developing health and safety policies and procedures and supporting the work of the HSR. In general, committees must be established if requested by at least 5 workers or the HSR. At least half the members must be workers. There is no fixed term for a committee and therefore can be temporary, for example, they could be developed to specifically look at a health and safety issue then be dissolved when the issue has been resolved.

Work Health and Safety Entry Permit Holders

Logbook: Published four times per year with a print run of over 1,000 copies, Logbook is distributed to BIA members, associates, industry stakeholders and selected friends of the BIA.

Cost:

Union officials have always been able to enter a work site but under the model Work Health and Safety Act they must now apply for a WHS entry permit to enter workplaces in relation to safety matters such as to: • Inspect a workplace • Advise and/or consult with workers • Assist HSRs • Resolve issues as part of issue resolution • Represent member/s Entry permit holders must have completed prescribed training. If entering to investigate a suspected contravention of the legislation no prior notice is required. For other reasons related to safety they must give notice of entry during usual working hours to the workplace, at least 24 hours, but not more than 14 days, before the entry.

Model Work Health and Safety Regulations

The draft model Work Health and Safety Regulations, priority codes of practice and an issues paper were released

by Safe Work Australia* for public comment on 7 December 2010.

This is a great opportunity for organisations and individuals to provide comment on work health and safety matters relating to their industry / work environment. Public comment can be made up until 4 April 2011 at www.safeworkaustralia.gov.au.

Members Non-members

Full Page

$650.00

$1,300.00

Half Page

$450.00

$900.00

Quarter Page

$300.00

$600.00

Inserts also available Members $300.00 Non-members $600.00

Information: All prices are for finished artwork supplied by the advertiser and exclude GST. Advertising is subject to space availability and the BIA reserves the right to reject advertising.

For publication dates and specifications, please email info@bia.org.au

* Safe Work Australia is the Australian Government body responsible for developing the model work health and safety legislation.

WorkCover is currently working closely with Government agencies, unions and employer groups to ensure the effective and consistent implementation of the model legislation.

WorkCover is here to help you and will provide various communication channels and tools to assist and educate you on the new legislation so that you will be prepared for the new legislation on 1 January 2012.

To book advertising, contact the BIA on 02 9438 2077

w w w. b i a .o r g .a u

BIA Logbook HPV.indd 1

3/11/10 2:53:20 PM

BIA of NSW LOGBOOK March 2011 - 29

… DIVISION NEWS … NEWS … NEWS … DIVISION NEWS …

Members of MIMRA at the trade night at BRP headquarters in Bankstown with Paul Dawson, Arpi Szoboszlay and Van Tran.

MIMRA visit BRP

A

solid showing of MIMRA members attended the Trade Night at BRP Headquarters in Bankstown on 9th February.

Technical Training Manager Paul Dawson delivered a high quality presentation on the history of BRP, noting the company’s frozen roots in the Canadian province of Quebec, and the wave of technology that BRP & its forebears have always sought to ride.

With its foundations in over-snow transport, and the recreational applications that would naturally follow over the course of a long cold winter, BRP’s evolution to become one of the world’s trail-blazers in “power-sports” seems only natural.

We in Australia can appreciate the need for an alternative to boating if all our favourite water froze solid, the Canadians just went about it in reverse!

NEW MEMBERS The BIA Board of Directors welcome the following new members: Abbey Gazzard – Boatique Wade Pidduck – Sydney Marine Electrical Pty. Ltd. Frontier Marine Pty. Ltd. T/as Compleat Angler Marine Villawood.

Dunbier Marine Products Pty. Ltd. Brighton-Le-Sands Amateur Fishermen’s Association T/as Brighton Fisho’s.

Endeavour Marine Pty. Ltd. Q.Y. & Lynn Pty. Ltd.

30 - March 2011 BIA of NSW LOGBOOK

MIMRA committee members Jim Tracalos and Chris McMillan.

Well established on the water with the cutting-edge Evinrude outboard and Sea-Doo brands, BRP have crossed over into dry-land fun and games, and the Can-Am Spyder & recreational ATV products were a highlight of the MIMRA group’s opportunity to get up close and chat with their technical specialist hosts.

Arpi Szoboszlay (Technical Rep for Outboard engines and ATV), and Van Tran (Technical Rep for Sea-Doo and Can-Am Spyder) were on-hand with Paul to walk and talk our guys through the training room, equipped with a comprehensive range of Evinrude outboards in various states of undress, as well Seadoo’s, ATV’s, and the funky 3-wheel roadster.

MIMRA’s trade-nights are a great way for members to keep abreast with the rampant pace of change in this space. We’re very grateful to BRP for making their specialist people and resources available in support of the industry’s technicians, and our thanks to Paul, Arpi and Van for staying back late to look after us. h

… DIVISION NEWS … NEWS … NEWS … DIVISION NEWS …

50 Point Safety Check to gear up for winter

T

he 50 Point Safety Check program will soon gear up to boost workshop activity for the winter season, and we look to expand the coverage of the program to all corners of NSW. A brief inspection of trailer vessels up to 8-metres LOA, this program is designed to provide boat owners in this bracket (93% of registered vessels in NSW numbering in excess of 208,000) with an opportunity to pro-actively assess the safety-state of their vessel, with regard to regulatory compliance and maintenance requirements on the vessel, trailer, onboard systems & equipment.

Intended as a voluntary health-check, participating members report that most inspections turn up at least one or two problems that owners were unaware of.

This in turn leads to correction or repair of the issues by trained technicians, ensuring that customers are safer on the water, and safer on the road.

If your business provides mechanical repair services to the public, consider becoming a registered provider of the 50 Point Safety Check. Expressions of interest are sought throughout the state,

and we are especially keen to offer the service in regional locations on the coast, as well as inland boating centres.

For further information on becoming a provider, please contact Aaron McKenna or Alan Barrett at BIA on 9438 2077, and visit the dedicated website at www.50pointcheck.com.au h Alan Barrett

Trailer Boat Retailers Association

A

t the close of 2010 the Trailer Boat Retailers Association (TBRA) committee drafted a Vision for the group identifying several areas of focus for 2011.

High on the priority list is combating the grey imports issue and driving sales locally.

There were many views on a course of action however the committee resolved that the way forward was to promote TBRA businesses and develop strategies to drive consumers into local outlets.

Several ideas came out of this discussion and included Industry specific training in the area of sales and service and online marketing.

The TBRA are in discussion with BIA Education and Training to identify the specifics of what is required and investigate methods of delivery.

As always the Industry is keen to increase boating participation. 2011 will see the first of a new TBRA initiative – ‘Try Boating’. Try Boating will be a day organised and

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BIA of NSW LOGBOOK March 2011 - 31

E

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… DIVISION NEWS … NEWS … NEWS … DIVISION NEWS … promoted by the BIA inviting people to attend a day where they can get on the water with a trained professional (TBRA member) and try boating.

This initiative is still in the very early stages of development and more information will be available over the coming months.

The BIA Boat Care Extended Warranty program launched in late 2010 is now in full flight with many TBRA members adding Boat Care to their service offering. Trailer Boat Retailers wanting to participate or require further information should contact Aaron.

TBRA members should also be aware that they may have some legal exposure if working on boat trailers.

The BIA have been advised by the Department of Fair Trading (DOFT) that boat trailers are classified as motor vehicles under the Motor Vehicle Repairs Act. Therefore all services on boat trailers, including inspection, adjustment, painting, minor & major repair, are to be performed only by certified Trades-people working in Licensed businesses.

Members who are providing service or repair on trailers and are not licensed should contact the BIA for further information.

The TBRA AGM has been scheduled for the 31st March 2011 at Abbottsford Rowing Club.

All Trailer Boat Retailers are welcome to attend. Any member interested in joining the committee can complete a nomination form; keep an eye on your email for further details.

For further information regarding the topics included or the TBRA can contact Aaron McKenna at BIA on 02 9438 2077. h Aaron McKenna

Access to workplace advice for Boating Industry Association members Call 13 29 59 to connect to a team of dedicated and experienced workplace professionals who can answer you workplace questions and help you manage your obligations as an employer.

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32 - March 2011 BIA of NSW LOGBOOK

Shipwrights and Boatbuilders Association (SBA) beef-up Sydney Boat Show presence

T

he SBA presence at this year’s Sydney International Boat Show will feature some new tricks, building on concepts trialled over the past few years.

The slick red SBA stand features many things Shipwright, and new additions include a large-format map showing the NSW-wide location of all SBA members as listed on the SBA website www.shipwrights.com.au.

The big screen display within the stand will continuously run a photographic collage of SBA members work, and an all-new interactive visual display will provide for a very different experience.

With the support of the BIA Board, the SBA committee’s tech-guru Dave Reimer will be developing a touch-screen application which will place information on participating SBA members at visitor’s fingertips.

Using the system, visitors will access details of member businesses, explore images of their work, and have the opportunity to visit member’s websites.

This focussed inter-active display will provide a pathway for interested parties, while member’s business cards “onstand” will complete the loop between service-provider, and potential customers.

All SBA members can participate in this promotional opportunity, and while it won’t cost you anything, there’s a few things you’ll need to do: provide digital photos or Powerpoint presentation with example of your work; provide details of your website if you have one; and provide business cards so that prospective customers have something to chew on.

To register your interest, contact David Reimer of the

HPVert_BoatCareAdvertv4_Layout 1 17/11/10 4:22 PM Page 1

… DIVISION NEWS … NEWS … NEWS … DIVISION NEWS …

SBA Committee on 02 47292600 and keep your eye on the mailbox for more information over the next few months. The SBA presence at the Sydney Boat Show is run entirely by volunteer members, and is a great platform for getting your business out there. h Alan Barrett

Trailer Boat Retailer Division undergoing planning for a statewide Try Boating Day

A

t the Trailer Boat Retailers Association committee planning meeting late last year, there was a common desire to commence an annual “Try Boating Day” for its members, targeted at the trailer boat market. It is envisaged that the day will run over several locations simultaneously.

The BIA is currently preparing a plan and budget for its implementation. While the details we have are limited, we have identified some possible dates that do not clash with sporting events such as Bathurst or football grand finals (September 25, October 16 or October 23). We have also received feedback that school holidays should be avoided.

Feedback regarding this day is welcome and should be E-mailed to genua@bia.org.au. To help us with this process, could you also kindly check your diaries to ensure these dates do not clash with any planned manufacturer trips, such as those organised by Yamaha, Mercury etc.

It is also appreciated if you could assist in this evaluation and planning process by E-mailing me any suggested locations for this event. Please be specific and include park, club or location name.

For information on how to be a member of the Trailer Boat Retailers Division, contact Aaron McKenna on (02) 8197 4759. h Domenic Genua

Trailer Boat Retailers!

Improve your after sales service, customer satisfaction and revenue with an exciting new extended warranty product launching December 2010 Get on board and contact Aaron McKenna from BIA for further details on

02 9438 2077

THE SMART WAY TO GO BOATING Book your boat in for a check-up today

Your boating should be fun and relaxing. As the skipper you should ensure that you have done what you can to protect the safety of your passengers and yourself whilst on the waterways.

Adding the 50 Point Safety Check to your yearly routine will help to keep you and the crew safe on the water.

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Boating Industry Association

Administered by IC Frith. For all claims & enquiries call 1300 242 999. *Only available to NSW Trailer Boat Retailer Association Members.

BIA of NSW LOGBOOK March 2011 - 33

Photo: John Curnow.

Member Profile Cruising Yacht Club of Australia, Commodore, Garry Linacre

by John Curnow Garry Linacre behind the helm of his Corby 49, Vamp.

H

e’s been in the post for a few months now, but the Cruising Yacht Club of Australia’s Commodore, Garry Linacre, is not new to the scene or the sport, for that matter. On the contrary, Garry is eminently qualified for the role and above all of that, is one hell of a nice guy. In the Australian vernacular, you’d refer to him as a ‘top bloke’.

So where did it all start and how do you chart the course of a man who’s been involved with Solings, Incat fast ferries, ocean racers and the dramatic 18-foot skiffs that adorn Sydney Harbour, much like the coloured gems in a priceless necklace?

Like most sailors of his generation, Garry was given a boat when he was very young. Six years of age, to be precise.

However, unlike most of the others, he was given just the oars to go with his Sabot.

His grandfather, who had been a winning helmsman in the Forster Cup for 21-footers, insisted that he teach the young Garry how to row and scull first.

“For my seventh birthday I got the rig! Incidentally, the first person to take me sailing is the now President of Yachting Australia, Andrew Plympton. He is two years older than me and had started that bit before me, so he took me out in my own boat on Melbourne’s Port Phillip,” said an amused Garry.

From there it was off to clinker-built, 12-foot International Cadets, where Garry enjoyed moderate success. At 12 years of age, he went to do the Stonehaven Cup as Bruce McBriar’s mainhand. It was a regatta out of the Royal Melbourne Yacht Squadron that was won by “a heretic” named Howard Piggott, who hailed from the Royal Yacht Club of Tasmania was sailing a boat called Avenger.

Howard was looking for any sort of equipment advantage; here was a Tasmanian sailor in a South Australian built boat, which was crafted from Queensland grown timber’, said Garry.

In the early ’70s, Garry’s dad had a heart attack, which resulted in a now 20-year-old Garry obtaining the Soling KA1 that he sailed with a bunch of his dinghy club mates.

This was the year that Ben Lexcen, Bob Terret and all of those guys like Dennis O’Neil won Olympic Selection. At the same time he started his foray into ocean racing.

34 - March 2011 BIA of NSW LOGBOOK

When 1974 rolled around two years later, a boat with the ‘new and funky’ name of ‘Laser’ arrived on the scene and Garry was working with Andrew Plympton in Sydney.

Australia got six places in the 1976 Laser World Championships and Garry secured the sixth spot on the team, after doing well in the Australian titles, which were held at Black Rock on the shores of Melbourne’s Port Phillip. Garry had actually moved back to Melbourne at the time, in one of his many changes of locale over the years.

After the 1976 titles in Kiel, Germany, he sailed a lot of the Scandinavian regattas for John Kahlbetzer aboard Bumblebee III and then back in Australia there was a boat with the name of Superstar, where Garry got to sail with a certain John Bertrand.

“Eventually there was a bunch of Hobart races on different boats. I was on Apollo in 1985 for the Line Honours win and also Windward Passage and Margaret Rintoul.

“After that I got involved with the administration side of racing, as well. In 1987, I moved to Tasmania for about eight years and I bought a partnership in an Etchells down there with John Messenger. We had a wonderful Etchells Fleet sailing from Royal Yacht Club of Tasmania, where I was a Committee Member, too.

“I was working with Bob Clifford of Incat, as the Sales and Marketing Manager, so enjoyed sailing against him on the weekend.”

Stemming from Garry’s involvement with Tasmania and Bob Clifford, is a shareholding in an export award-winning corporation. Liferaft Systems Australia employs over 60 people in the manufacture of evacuation systems for fast ferries and defence craft. An ex-sailmaker, Michael Grainger, is the MD of this highly specialised venture that has no leisure marine component.

They’re akin to the slides that come out of aircraft, except that they are stored in aluminium cases and have reinforced structures to cope with the ocean. Persons mass at evacuation slots and then 100 souls get in each raft for speedy, approved evacuation from high-speed vessels.

This is crucial when you may have up to 1,200 passengers onboard one of the larger type ferries. They’re fitted to all the Australian export boats from Incat and Western Australia’s Austal Shipyards. Additionally, they are retrofitted to vessels running in Asia, Europe and Canada.

“It’s an absolute bonus from my time living there and I still love to go to Tasmania every year. Incat is back on stream now, as are the other yards around Australia, I understand.

“We, as in Australia, certainly are known around the globe for the large cats,” said Garry. “Michael and the gang have harnessed the gap in the market with a totally superior product.”

Yet another move occurred after Garry’s time in Tasmania and this time it was back to Sydney, again.

“I joined a Western Australian group called AMI. They do a lot of specialised marine stuff from shipbuilding down to PLBs. They’re a sort of manufacturer’s agent and electronics company. AMI and I got involved with Navionics, which are the premier electronic chart provider and I have been the General Manager there for the last seven years.”

Immediate Past Commodores of the CYCA have an unwritten rule that they will put forward an individual that they think should be on Committee, as they depart themselves. It was Hugo Van Kretschmar who made the phone call to Garry to come back on the CYCA Committee.

“I had been on the board before I had left Sydney, as I had been doing a bit of Etchells sailing and they wanted to have one of the Etchells guys involved.”

What Garry is saying here is that he’d moved to Tasmania before the end of the 1987 season and been onboard Neville Crichton’s Etchells. A certain Iain Murray took over from there.

Any discussion about the CYCA could not help but mention the Rolex Sydney Hobart Yacht Race and this article is certainly not able to disprove that point.

“I wasn’t planning on doing it again, but Hugo rang me and I ended up back on the board, which was about 10 or 11 years ago,” said Garry.

It’s been a pretty tumultuous 10 years for the CYCA in a lot of ways, to which Garry said, “Well, it has. I came on shortly after the ’98 Hobart.

“The club has gone through its issues and I have been there, somewhat part to a whole new regime of top-level risk management that was brought through the club from our wonderfully qualified members. Their support to the club and the documentation, the way that we handle the races now with checking and vetting and the safety issues; we are incredibly advanced compared with pre-1998. I’m sure that people know that we are in a lot better place than we were then.

“We have worked on making these boats safe enough to sail and handle some of the risks involved. We treat it very much like a business situation and ensure that the crews’ skill sets are good enough to take the vessels to sea.”

The 2009 Flinders Islet race was like a reminder of the whole thing again and it was something that is particularly close to Garry.

“I have done a lot of sailing with Andrew Short. I navigated for him on Brindabella around that islet, two years earlier.

“I was aware of his strengths and possibly some of his weaknesses; Andrew was a great mate. It was a great for loss for me and the same goes for Sally Gordon, as a club member and friend. Only a few days before the race, I had a half hour chat with her at the club. Not a lot of things going wrong can lead to something as big as this.

It is a sad and very moving occurrence. We need to make sure that people understand about charting and how to handle themselves in these races. It is most important to the sport.”

Moving on to something current and new, Garry is very pleased to be standing beside and talking about the model of the proposed developments of the Rushcutters Bay facility, which is so well known throughout the world.

It can be viewed just outside the Member’s Bar at the CYCA Clubhouse.

“It is fantastic. We have a deferred commencement development approval for the works, which came through earlier in November.

“Before we can begin work we require some work to be completed in preparing a remediation action plan for parts of the site, and finalise a lease with NSW Maritime for the additional area required for the extension of the D arm of the marina which when completed will accommodate an additional nine 18m berths.”

The second instalment of the development will be the new and much larger hardstand, which allow for significant changes to the scale and operation of the CYCA’s Off The Beach type activities. It also allows for far better access to the C arm of the marina, which currently is only accessible from outside of the club’s existing walkways. This area will be on all new piers, to ensure a lengthy survival. Tenders and other small vessels will have berthing close to the club, as well.

The most significant phase of the development involves the total re-working of the sailing office, marina office, chandlery, shipwrights’ services and youth sailing academy currently situated North of the main entrance.

All of the existing buildings are removed, the area dug up for an underground carpark and then on its roof, new buildings for services and tenants are installed.

They will offer virtually twice the area as is currently available. Most importantly, residents on the other side of the street are also beneficiaries of the works, with better views a

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DISTRIBUTOR BIA of NSW LOGBOOK March 2011 - 35

by-product of the club’s efforts. Overall, if the club gets all the works done in four to five years, then they’ll be delighted.

“The club is in a satisfactory place financially and we are ready to go ahead with much of the development.

“It will be quite a number of millions of dollars, so it is good that we are presently debt free. We are in a position to improve the club greatly, with significantly enhanced parking (97 spots), a much improved youth sailing academy with world class multi-purpose rooms, which will allow us able to take on some more training and development.

“We won’t be removing any of the services that we currently have at the club. Additionally, we get two accesses to the pond abutting the redeveloped and larger hardstand, so that will improve the flow of vessels significantly,” Garry commented.

Garr y is still ver y heavily involved in yachting administration. In addition to his duties at the CYCA, he is also the Principal Race Officer for the 18-foot skiffs.

However, he is determined to get back into more yachting himself and along with David Fuller, bought the Corby 49 originally known as Flirt and more recently as Limit. Vamp, which is her new name and pays homage to her original title, will be heading South this Christmas time in the Rolex Sydney Hobart Yacht Race. Roger Hickman will be taking a crew, which includes some very accomplished Russian sailors down to Hobart.

They will be in Australia primarily for the Dragon World Championships that are being held at Melbourne’s Royal Brighton Yacht Club from January 2 to 15. Apart from showcasing this most regal of boat classes, it is important to mention this event and club, as this is where Garry first began his career as a PRO, just a little while ago now.

“The 2011 Hobart will be my turn to head South at Christmas. It will be excellent, as my son is also going to join us. We’ll do the Blue Water Point Score series, some Winter Series stuff including Middle Harbour, the Newcastle Category two race, Audi Sydney Gold Coast and go to Hamilton Island, as well.

“From a yachties point of view, I think the 2010 Rolex Sydney Hobart Yacht Race has a fantastic fleet. There are 70-plus ocean racing yachts contained in it, many of which could win their division, depending on what weather scenario is thrown up.

“If you look at the divisional splits and competition amongst the really well sailed boats, it will make for some tremendous entertainment as a spectator. There is also a good overseas contingent to make it truly international. Of course, there are some celebrities onboard some vessels and with Wild Oats XI keen to make a statement, there will be some great media,” said Garry.

About the only event that Garry and co-owner David Fuller cannot make happen for Vamp, is Audi Victoria Week at Geelong. Garry is a bit sad about that, but with CYCA and 18-footer duties around and over the Australia Day weekend, it was not really a possibility. Vamp will remain in Tasmania until after the Dragon World Championships and then her race crew will return Vamp back to the CYCA.

Use the BIA logo Boating Industry Association

What is really interesting is how clear Garry is about getting to Hobart whilst he is Commodore. He’s done 11 Hobarts under sail and three as the Radio Relay Vessel. Of late, he’s been there pretty regularly as part of the Sailing Committee and back-up media man.

Still, he’s got some great memories of races with Peter Walker on Amazon and Hugh Treharne, when he quickly got the boat turned downhill after the forestay broke and in doing so, saved the rig. They were leading at the time.

“When I went to work in Tasmania, I did not get asked as much to come on boats, so I am really excited about sailing again,” he said.

Garry’s 58 at the end of November, known as Movember in Australia and he urges all men, especially the over 45s to get their tests done.

He should know, for shortly after becoming Commodore in July this year, he was rushed in to surgery for prostate removal due to cancer.

“I am cancer free and everything is great. It did sort of make the beginning of my term interesting, however.

“I am a classic example, as mine was picked up in a routine test. Some might be saying that this test is inaccurate or whatever, but the point is, that if you have the test and they find something, then they are in a much better place to fix it.

“Just after getting back from Koh Samui, Thailand and a regatta that I used to do with Andrew Short, I had a prostate biopsy and it came back about as bad as you could get.

“Next thing I knew, I was in the hospital having it out,” Garry said by way of urging all men to look after themselves.

“Dick Pratt did not find it in time. The whole thing is, if you find it, it can be operated on. You won’t find it if you don’t actually have those tests.”

Interestingly, the annual Heaven Can Wait 24-hour race on Lake Macquarie raised $45,000 for men’s cancer research earlier on this year, with a $100,000 target for next year.

Ambitious maybe, but it is testament to the fact that for the moment it is all about test, test, and test.

This sentiment is something very much promoted by SailWorld.com and why the site carries so much coverage about it every October. Please support it next year or get involved with the virtual race to really make a difference.

So then, as the top man sets about getting imbedded into the top job, it might be helpful to know that he’s all about sailing.

“We have maintained a sailing committee that is a good representation of the club.

“I was Chairman of the Sailing Committee for three years before becoming Commodore and our purpose was to improve the sailing and make the members of the sailing club happier. Members actively campaigning yachts throughout the year is good for the club. We all get a better club as a result,” said Garry.

He’ll be busy over Summer, so having the 18-footers take a break for a few weeks will help him concentrate his energies on the role at CYCA. No doubt he’ll be keen to see them all again, for he was watching them every Sunday, well before he took on the Principal Race Officer’s role.

“It has worked well for the club, I think, and it has worked well for me. It definitely keeps you in touch with a whole lot of top-level sailors and to some extent, it gives some credence to me; someone who understands a wide part of the sport.

“I am a racer and a competitor in other series and I obviously love the sport, very much.”

Reproduced with the kind permission of Sail-world.com

Let your customers know that 36 -you March BIA ofof NSW are 2011 a member theLOGBOOK BIA and

comply with the BIA’s Code of Practice

The BIA offers a range of courses designed for the marine industry which will raise awareness and increase your understanding of legislation relevant to the industry to help keep you compliant, provide you with skills and knowledge and, above all, help keep you and the people you work with safe.

Electrical Test & Tag

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This course includes an introduction to electricity, its components and dangers, and will walk you through relevant Australian Standards, codes of practice and NSW OH&S regulation.

Attendees of the full course qualify to apply for the WorkCover Safety Solutions Rebate worth up to $500, to help implement new safety initiatives.

Apply First Aid & First Aid Refresher Employers have a legal responsibility to ensure that adequate first aid provisions are provided for employees, and also requires that all persons in the workplace other than employees are not exposed to risks.

In this course you will learn and practice how to treat: head, abdominal and chest injuries, broken bones, eye injuries, bleeding, hypothermia, burns, stings, poisoning, internal injuries and severe illness.

Apply First Aid provides the relevant training to assist in meeting this obligation, and the Refresher will ensure that your qualification is kept up to date as required by law.

Marine Card OH&S General Induction OH&S Legislation requires controllers of access to commercial premises ensure anyone technically ‘at work’ onsite has a basic awareness of occupational health & safety, staff or contractors.

The Marine Card demonstrates to marinas and business owners that you are aware of the requirements and your obligations, saving time and money for everyone. The Marine Card is valid for 5 years and is suitable for all types of marine businesses.

For the latest Education, Training & Development news, including new courses offered, visit www.bia.org.au/training

Marine Sales Professional Development & Seminar This course is designed specifically for Marine Brokers and Retailers and covers an understanding of the relevant legislation and how to comply, the importance of building strong business plans and business operating structures, business management and growth strategies, and Environment Health and Safety policies.

Included is a half day seminar that updates past and present attendees of the course on current issues, matters of concern and new developments in the industry, and provides a chance to network with other marine sales professionals.

Are you a BIA member?

Remember, member rates apply to BIA training courses.

Not a BIA member?

Contact Aaron McKenna (Member Support & Development) today on 8197 4759 or email aaron@bia.org.au and be part of it!

For full details or to book a place on any of the above courses: call (02) 9438 2077 email training@bia.org.au visit www.bia.org.au Or complete the registration form overleaf and fax to (02) 9439 3983

THE TRAINING CALENDAR IS SUBJECT TO CHANGE—PLEASE VISIT THE WEBSITE TO KEEP UP TO DATE

BIA Education, Training & Development

COURSE BOOKING FORM Please fax to (02) 9439 3983, or email to training@bia.org.au Photocopy and use this form as many times as you need

I would like to attend the following course : Course Title:

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Prices inc GST & are per person: all refreshments - lunch (for courses of 1 day or more) - templates & guides Course Title

Duration

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Marine Card OHS General Induction

4 hours

$100

$100

Managing Environment, Health & Safety

3 Days

$675

$880

Marine Sales Professional Development (incl. Seminar)

2 Day

$695

$895

1/2 day

$125

$160

Electrical Test & Tag

1 Day

$350

$455

Apply First Aid

1 Day

$145

$185

First Aid Refresher

1 Day

$115

$150

Marine Sales Professional Seminar

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Boating Industry Association of NSW Ltd · ABN 61 000 618 468 · 53 Hume Street Crows Nest NSW 2065 Tel: (02)9438 2077 Fax: (02) 9439 3983 Code: LB122010

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