Draft Navigation Safety Bylaws 2010

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Draft Navigation Safety Bylaws 2010

Update 4 November 2010

A Hearings Panel heard submissions on the draft Navigation Safety Bylaws 2010 (218) on Thursday, 2 September. It has subsequently considered all submissions and provided drafting instructions to amend the Bylaw. The Panel will recommend an amended Bylaw to the Council.

Update 8 August 2010

Council received ten submissions on the proposed new bylaw by the close of submissions on 1 July.

A staff report to the Council meeting of 12 August will recommend a Hearing Panel of Councillors is convened to hear submissions and make recommendations on any changes to the Bylaw to the Council. The date of hearing has yet to be confirmed.

Changes from the current bylaws

The reviewed bylaws generally incorporate the main provisions from the two existing bylaws. However there are some changes that need explanation.

Introduction of 'moving prohibited zone' and 'total exclusion zone'

The draft introduces a “moving prohibited zone” and a “total exclusion zone” (clause 3), both of which arise from the recommendations of the Nelson Harbour Navigational Risk Assessment produced by Marico Marine in December 2007. This report concluded that the maximum risk for the Nelson Harbour was “related to the loss of control of a large vessel movement at the harbour entrance, due to traffic conflict with a small vessel”. The new provisions in the draft bylaw aim to limit this likelihood by ensuring that large vessels entering the harbour through the cut have the entire waterway to themselves and their tugs, so that any unforeseen tide or wind effect can be countered without the need to work around other craft.

Change in leisure usage

The Marico report concluded that “there are a number of issues associated with leisure usage of the harbour, including the potential need to zone incompatible recreational activities (rowing, sail boarding, and waterskiing). This is covered by clause 2 of the draft bylaws, which is supported by a map clearly outlining areas where incompatible uses will have priority determined.

Harbour transit lane

A recommended maximum speed for a vessel using the Harbour Transit Lane will

reduce conflict between recreational and commercial vessels
improve harbour safety
minimise wake height because some types of vessels generally create less wake and use less fuel when travelling at higher speed.

The maximum speed should also encourage recreational craft to use the Harbour Transit Lane rather than the main channel as it will enable them to more quickly reach the cut.

Hot work permit

A “hot work” permit is being introduced (for gas cutting/burning/welding) as a result of the findings by Maritime New Zealand from its investigation into the fire on board the fishing vessel “Voyager” in April last year. One of the safety recommendations from the Authority was that the Council reviews its definition of “master” within the Navigation and Safety Bylaw to ensure that it covered the duties of the person who controls the place of work.

Removal of references to pilotage

As Maritime New Zealand has written new laws on pilotage, all reference to pilotage and the pilotage limits have been removed from the bylaws.

Consistency with other legislation

The draft Bylaws have been reviewed and found to be consistent with The Maritime Transport Act 1994 and the adjoining Tasman District Council Navigation Safety Bylaws. The draft Bylaws contain some duplication of Maritime Rules to enable Council staff to manage an infringement regime, including instant fines, to those in violation of the Maritime Rules. A draft of the regulations that will introduce the infringement offences is part of the full draft Bylaw document.