DECLARATION OF BOATING ACTIVITY EXEMPTION
Parks Victoria as the declared waterway manager for the Local Port of Port Phillip, makes the
following declaration under section 203(3) of the Marine Safety Act 2010 (Vic).
For the purposes of boating activity conducted by Mount Martha Lifesaving Club, persons and
vessels involved in the Mount Martha Australia Day Swim are exempt from the following
State Rules made under the Marine Act 1988
1. Clause 2(a) – must not exceed 5 knots within 50 metres of a person in the water
2. Clause 2(c) – must not exceed 5 knots within 50 metres of another vessel
3. Clause 4(a) – must not exceed 5 knots within 200 metres of the water’s edge
Waterway Rules made under the Marine Safety Act 2010 / Marine Act 1988
4. Clause 1.2.7 of Schedule 1– 5 knot speed restriction of East Port Phillip
5. Clause 1.2.9 (n) of Schedule 1 – Area prohibited to Vessels at Mount Martha Beach
6. Clause 1.2.12 (b) of Schedule 1 – the master of a personal watercraft must not operate the
personal watercraft for any purpose other than transiting in the safest most direct course to, or
from the shore and/or boat ramp or berthing facility (including a jetty, pier or mooring), whilst
operating within designated 5 knot speed restriction zone
Subject to the conditions detailed below:
• Masters of rescue vessels are only exempt from item 1 to 4 when undertaking a rescue
operation to retrieve persons in distress, provide for their initial medical or other needs and
deliver them to a place of safety, and item 5 for the duration of the event.
• Masters of personal watercraft rescue vessels are only exempt from item 6 for the duration of
• Masters and crew of rescue vessels (including personal watercraft) involved with the event must
wear a personal floatation device at all times during the event and vessels must have all
prescribed safety equipment.
• The exemptions apply from 8:00am to 12:30pm on Thursday 26 January 2023 within the waters
of Mount Martha Beach.
• The exemptions apply provided the stated safety controls and undertakings detailed in the
application form and associated documentation are adhered to.
By Order of Parks Victoria