The Latest Dredging Bill - What It Means To Us

[triman]

Posted on another site by me and copied here for the information of members

I stress that this is entirely MY opinion based on reading the Bill as presented to the Parliament for its second reading today, as well as the explanatory notes.
It is entirely possible, but unlikely, that the Bill could be amended before it finally passes into law.
So, the bit we are interested in is the new Part 5A to the Port Services Act 1995. This is an entirely new section and among other things gives the responsible Minister the right to declare Restricted Access Areas over Port of Melbourne waters, Port of Melbourne land or " a vessel"
Regarding land and/or waters the restricted area may be up to 12 square kilometres in area. In relation to a vessel it may be a circle with a max radius of 1.4km.
In subsection 7 of Clause 84 the Minister may recommend classes of vessels which may or may not be permitted into the restricted area. There is no requirement to allow or deny fishermen or any other "innocent" boat access at any time.
This will make it interesting if running in transit from, say St Kilda Marina to Pier 35 and the dredge is in the approaches to the River.
The land/waters provision is also rather onerous and could see the River being entirely closed to all vessels if deemed "necessary" by the Minister.
(I wonder if the restricted area extends vertically? Could you be pinged for crossing the Westgate while the dregde passes underneath??

So, have a read of the Bill and the explanatory memoradum, as cited below, and give us all your thoughts.

http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/31DE022DCFC0CBC7CA25737000195983/$FILE/561049bi1.doc

http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/31DE022DCFC0CBC7CA25737000195983/$FILE/561049exi1.doc

Edited by Grant to make link work.
g./

[grant]

Certainly sounds ominous...

[triman]

Hansard has been published for yeserday's proceedings in the Victorian PArliament and there is Pallas' statement, including the following

"The amendments address a gap identified in the current
legislative regime. While there is some power to control
and regulate vessels by the director of marine safety
and harbour masters, there are severe limitations on the
ability to regulate the access of people, such as divers
and swimmers unless they have some connection to
vessels. The amendment will allow the operators to
regulate the access of people (and vessels).

It is the intention that the restricted access areas are not
limited to a horizontal space but include vertical space
and include the full depth of the relevant waters.

So my throwaway line yesterday about the Westgate bridge may be correct.

There is also a mini-debate between Pallas and Naphine about the environmental effects and the statements. Interesting to read, especially Pallas' response to a request from Napthine.

http://www.parliament.vic.gov.au/downloadhansard/assembly.htm