Public Notices

Parks Victoria publishes public notices where relevant, including information regarding leases and boating and waterway activity exemptions.

Set Aside Determination and Declaration of Boating Activity Exemption

Event name:

Mount Martha Annual Diamond Swim

Date/time of event:

Sunday 26th January 2025, 6:00am to 2:00pm

Location:

Local Port of Port Phillip - waters of Mount Martha Beach

Details:

Port Management Act 1995 (Vic.)
Port Management (Local Ports) Regulations 2015
Set Aside Determination – Regulation 11(1)
Local Port of Port Phillip Bay
 
 I, Graeme Davis, District Manager Port Phillip Western Port District of Parks Victoria (as delegate of the Port Manager), determine under Regulation 11(1) of the Port Management (Local Ports) Regulations 2015 that the areas defined in the following table are set aside for the purposes and conditions specified.
 
This determination has been made in accordance with Regulation 11(2)
(a)           in the event of, or in anticipation of, any fire, flood, natural disaster or other emergency; or
(b)           if the port manager reasonably believes that there is imminent risk of—
(i)            harm or damage to—
(A)          the health or safety of any person; or
(B)           local port facilities or other property; or
(C)           the natural environment; or
(ii)           significant interference with the safe, efficient and effective management of the local port.
 
In accordance with Regulation 11(4), this determination replaces any previous set aside determination made by the port manager in respect of that area or any part there of that area for the period specified in this temporary determination. 
 
This determination applies from 6:00am until 2:00pm on Sunday 26th January 2025

 Signed at Melbourne
by            Graeme Davis
                 District Manager Port Phillip Western Port District
                
                 on     18/12/2024

Regulation
Description
Purpose
Area
Reasonable conditions (Regulation 14)
11(1)(a)
Determination to set aside an area in a local port in which access to that area is prohibited or restricted for not more than 90 days.
To set aside an area for the safety of participants and vessels competing in the Mount Martha Annual Diamond Swim.
 
 
Waters of Mount Martha Beach between Martha Cliff and Balcombe Creek, extending 250m from the shoreline between the below approximate locations, from 6:00am until 2:00pm on Sunday 26th January 2025
 
1. 38° 15.73'S 145° 0.82'E
2. 38° 15.74'S 145° 0.60'E
3. 38° 16.14'S 145° 0.16'E
Mariners are requested to avoid the competition area during the Set Aside period and follow the direction of event marshals and safety personnel.




PUBLIC NOTICE
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 the Mount Martha Lifesaving Club, persons and vessels involved in the Mount Martha Annual Diamond Swim are exempt from the following requirements:

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
 
Subject to the conditions detailed below:
·      Masters of rescue vessels are only exempt from items 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 on shore, and must adhere to speed and distance rules at all other times, and item 5 for the duration of the event.
·      All participants on vessels involved with the event must wear a lifejacket at all times during the event and vessels must have all prescribed safety equipment.
·      The exemptions apply from 8:00am to 12:00pm on Sunday 26 January 2025 within the Set Aside 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
Dated: 18/12/24

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