Waterway Rule Decision
273-2014-WR
Decision relating to a request for the making of a
waterway rule – Blue Rock Lake
Waterway:
Blue Rock Lake
Waterway manager:
Southern Rural Water
Waterway rule decision:
273-2014-WR
Decision made by:
Peter Corcoran
Director Maritime Safety
Delegate of the Director, Transport Safety
Date of decision:
26/06/2015
This document is a summary provided for information purposes only. No warranty or representation is made that
the data or information contained in this document is accurate, reliable, complete or current or that it is suitable
for a particular purpose. This document should not be relied upon as a substitute for the relevant legislation, legal
or professional advice.
Published by Transport Safety Victoria
Level 15, 121 Exhibition Street
Melbourne, Victoria 3000
Telephone: 1800 223 022
© Copyright State Government of Victoria 2014.
This publication is copyright. No part may be reproduced by any process except in accordance with the
provisions of the Copyright Act 1968.
Authorised by the Victorian Government, Melbourne
1.
The Waterway Manager and the Waterway
1.1
The appointed waterway manager
In accordance with Section 6 of the Marine Safety Act 2010, the Minister for Ports, by Order
published in the Government Gazette, has declared Southern Rural Water to be the
appointed waterway manager for the waters of Blue Rock Lake.
1.2
The nature of the waterway
Blue Rock Lake (a.k.a. Blue Rock Dam or Reservoir) is located on the Tanjil River near
Willow Grove, approximately 30 kilometres north of Moe, in the Central Gippsland region of
Victoria. It is a minor (873 ha) rock fill embankment dam with a controlled chute spillway
across the Tanjil River. The dam’s construction began in 1979 and was completed in 1984.
It was built to store and utilise water from the Tanjil River to provide cooling water for the
Latrobe Valley power stations and to augment domestic water supplies and natural flows in
the Latrobe River system. In 1992 a small hydroelectric power generating plant was
installed in the existing pumping station that is linked to the national grid.
Blue Rock Lake has two recreation/picnic areas on its shore and two boat ramps, one on the
western shore and one on the southern shore near the dam wall. Water based activities
include fishing, swimming, kayaking and boating. The Lake is regularly stocked for
recreational fishing which is popular from the shore, small boats and kayak fishing. Regular
events at the Lake include fishing competitions and the Blue Rock Classic, which is a
triathlon style event that involves swimming and kayaking.
1.3
History of the waterway rules
The current waterway rules for Blue Rock Lake are detailed in Schedule 113 of the Notice
under Section 15(2) of the Marine Act 1988 (Vic) published in the Victoria Government
Gazette S221 on 28 June 2012.
The waterway rules in Schedule 113 were created prior to 1988 (before the Marine Act
1988). The waterway manager at that time was The Rural Water Commission.
2.
Application to make waterway rules
On 18 November 2014, Southern Rural Water submitted a Notice of Intention to Request a
Waterway Rule1 to the Director, Transport Safety (Safety Director).
The proposal submitted by Southern Rural Water is to amend the existing waterway rules for
Blue Rock Lake by:
1

Removing the rule restricting the speed limit to 5 knots for the whole of the waters;

Amending the rule limiting the engine size of powered vessels from 7.5KW (10hp) to
22KW (30hp);

Removing the rule restricting vessel length; and

Including a new rule prohibiting water-skiers and personal water craft (PWC).
MSA s193 (1) and (2)
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Schedule 113 Blue Rock Lake
Page 2 of 54
No amendments were proposed in relation to the two areas prohibited to vessels - along
the dam wall and the swimming area at the Old Tanjil Road Recreation Area.
3.
Marine Safety Act requirements for waterway rule making
The Marine Safety Act 2010 (Vic) (MSA) details the process that must be followed when a
port management body, local port manager or waterway manager proposes to introduce or
amend waterway rules, (Appendix 1).
Section 193 of the Marine Safety Act 2010 details the process and considerations for
assessment of a Notice of Intention to Request a Waterway Rule
Initial consideration and advice by Safety Director in relation to certain requests
(1)
(2)
(3)
(4)
(5)
(6)
Before making a request for the making of a rule under section 194, a port
management body, local port manager or waterway manager must notify the
Safety Director of the body's or manager's intention to make the request.
A notification under subsection (1)—
(a)
must be in writing; and
(b)
must contain the following information—
(i)
the name and address of the body or manager; and
(ii)
a description of the rule that the body or manager proposes be
made; and
(iii)
a statement of the nature and scope of the matter that is
proposed to be addressed and an explanation of how the
proposed rule would address the matter; and
(c)
may be accompanied by a draft of the proposed rule.
On receiving a notification under subsection (1), the Safety Director must—
(a)
consider whether the rule that is proposed to be requested—
(i)
appears to be within the powers conferred on the Safety
Director to make the rule; and
(ii)
is of a material nature or a non-material nature; and
(b)
within 2 weeks after receiving a notification under subsection (1)—
(i)
advise, in writing, the port management body, local port
manager or waterway manager of the matters under
subsection (5), (6) or (7), as the case requires; and
(ii)
publish notice of the advice in the Government Gazette.
An advice under this section must set out the reasons of the Safety Director
as to the matters under subsection (5), (6) or (7), as the case requires.
If the Safety Director is of the view that the rule that is proposed to be
requested appears to be within the powers conferred on the Safety Director to
make the rule and is of a material nature, the Safety Director must advise the
port management body, local port manager or waterway manager—
(a)
of that view; and
(b)
that it must comply with section 196 before making a request for the
making of the rule under section
If the Safety Director is of the view that the rule that is proposed to be
requested appears to be within the powers conferred on the Safety Director to
make the rule and is of a non-material nature, the Safety Director must advise
the port management body, local port manager or waterway manager—
(a)
of that view; and
(b)
that it is not required to comply with section 196 before making a
request for the making of the rule under section 194.
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(7)
If the Safety Director is of the view that the rule that is proposed to be
requested does not appear to be within the powers conferred on the Safety
Director to make the rule, the Safety Director must advise the port
management body, local port manager or waterway manager of that view.
Section 188 of the MSA requires that reasons must be given for making or not making a rule:
(1)
(2)
The Safety Director must publish his or her decision whether to make a rule
under section 184 on the Safety Director's Internet site.
A decision that is published under subsection (1) must contain a statement of
the reasons of the Safety Director for making or not making the rule,
including—
(a)
a description of the matter that was addressed by the request or
proposal for the making of the rule; and
(b)
the Safety Director's conclusions after having regard to the mandatory
considerations.
Section 187(1) of the MSA requires that when making a rule:
the Safety Director must have regard to—
(a)
the mandatory considerations; and
(b)
if the rule is being made following a request from a port management body,
local port manager or waterway manager, the summary of submissions or
comments received by that body or manager under section 194; and
Mandatory Considerations are defined in section 183 Definitions of the MSA. In relation to a
proposed waterway rule, mandatory considerations means—
(a)
(b)
(c)
the safety risk, or the nature and level of a safety risk, that the proposed rule
is intended to minimise or eliminate;
whether there are alternative ways (legislative or otherwise) to address the
matter being or to be addressed by the proposed rule;
the expected benefits and costs of the proposed rule on those persons likely
to be affected by the proposed rule, if made;
Section 196 of the MSA requires a waterway manager to consult before requesting rule:
(1)
(2)
(3)
(4)
Subject to this Part, before requesting the making of a rule under this Part, a
port management body, local port manager or waterway manager must invite
submissions and comments in relation to the proposed request from the
public in accordance with this section.
The port management body, local port manager or waterway manager must—
(a)
publish notice of the proposal to request the making of a rule—
(i)
in a newspaper circulating generally throughout the State; and
(ii)
on the body's or manager's Internet site; and
(b)
make copies of the proposal available to the public on the body's or
manager's Internet site and at the body's or manager's offices or
principal place of business during business hours free of charge.
A notice under subsection (2)(a) must—
(a)
include a summary of the proposal; and
(b)
specify the date by when a submission or comment must be made to
the port management body, local port manager or waterway manager;
and
(c)
specify how a submission or comment must be made; and
(d)
specify that copies of the proposal are available on the body's or
manager's Internet site and at the body's or manager's offices or
principal place of business during business hours free of charge.
The period of time between publication of the notice and the date specified in
the notice must not be less than 4 weeks.
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Schedule 113 Blue Rock Lake
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(5)
The port management body, local port manager or waterway manager must,
in formulating its request for the making of a rule, take into account every
submission or comment it receives by the date specified in the notice under
subsection (2)(a).
Section 194 of the MSA – Requests for waterway rules
(3)
A request for the making of a rule—
(a)
must be in writing; and
(b)
must contain the following information—
(i)
the name and address of the body or manager making the
request; and
(ii)
a description of the rule that the body or manager proposes be
made; and
(iii)
a statement of the nature and scope of the matter that is
proposed to be addressed and an explanation of how the
proposed rule would address the matter; and
(iv)
an explanation of how the proposed rule addresses the
mandatory considerations; and
(v)
in the case where a port management body, local port
manager or waterway manager has been advised of the
matters under section 193(5)—
(A)
a list of submissions and comments received under
section 196; and
(B)
a summary of the matters raised in the submissions
and comments received under section 196; and
(C)
how the port management body, local port manager or
waterway manager has taken into account the
submissions and comments that address the
mandatory considerations; and
(c)
must be accompanied by a draft of the proposed rule.
Safety Director’s determination of whether the proposed rule
is within power or of a material nature
4.
After assessing 2 the Notice of Intention to Request a Waterway Rule received from
Southern Rural Water, I, Peter Corcoran, Director Maritime Safety, as a delegate of the
Director, Transport Safety, determined that the proposed rules were:

within the powers of the Safety Director to make a rule, and

of a material nature (that is, not a correction of a minor error).
Given the determination that the request was within the powers of the Safety Director and
was material in nature, Southern Rural Water was required to undertake the following public
consultation3:

publishing notice of the proposed rule in a newspaper circulating generally
throughout the state

inviting comments

publishing details of the proposal on the waterway manager’s internet site
2
Required under s193 MSA
3
MSA s196
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Schedule 113 Blue Rock Lake
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
making copies available to the public

allowing at least 4 weeks for receiving submissions.
Waterway manager’s public consultation
5.
Southern Rural Water undertook a four week public consultation period which closed 3
February 2015. Notices inviting submissions were published in the Herald Sun (statewide
newspaper), Latrobe Valley Express (local newspaper) and on the Southern Rural Water
website.
During the time of the consultation period Southern Rural Water was approached by the
Victorian Government, Water Catchments Division, Department of Environment Land, Water
and Planning (DELWP) to implement the government’s commitment to remove any
horsepower and boat length restrictions at Blue Rock Lake as part of its ‘Target One Million’
plan to promote and expand recreational fishing in Victoria and increase the number of
recreational fishers.
The commitment to remove all horsepower restrictions on Blue Rock Lake was a significant
variation from the intent of the initially proposed rules that went to public consultation. This
change to the proposed rules meant that Southern Rural Water was required to undertake a
second public consultation period on the proposed rule changes before requesting a
waterway rule to be made.
On 25 February 2015, Southern Rural Water requested an exemption for the four week public
consultation period to be amended to 14 days, given that public consultation had already taken
place on boat length, output and speed.
The Safety Director did not support the requested exemption as a four week consultation
period provides the most appropriate way to ensure that the public has the opportunity to
comment on the amended proposed rules and to reduce the consultation period would not
adequately achieve the requirements of the Marine Safety Act 2010 (MSA).
The second public consultation ran from 6 March 2015 to 4 April 2015. Notices inviting
submissions were published in the Sunday Herald Sun (statewide newspaper), Latrobe
Valley Express and Warragul Gazette (local newspapers) and on the Southern Rural Water
website, Facebook and twitter pages.
6.
Request to make waterway rules from the waterway manager
The final Request for Making a Waterway Rule (Request) was received by Maritime Safety
Victoria on 2 June 2015, which included amendments to the initial proposed waterway rules.
A copy of the Request is provided in Appendix 1.
In making its request for waterway rules Southern Rural Water was required to:

Provide a description of the proposed rule and if it was amended following the public
consultation

address the mandatory considerations

provide a list of submissions and detail matters raised in submissions, and

to explain how the waterway manager has taken into account the submissions and
comments in addressing the mandatory considerations.
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Schedule 113 Blue Rock Lake
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Southern Rural Water submitted the Request in writing, with the required information
including a draft of the proposed waterway rule.
6.1
Description of the proposed waterway rule
Southern Rural Water submitted a proposed waterway rule for Blue Rock Lake that was
amended from the rule initially detailed in the Notice of Intention to Request a Waterway
Rule. Following the first public consultation and due to the Victorian Government’s
commitment to remove restrictions under the ‘Target One Million’ Plan, Southern Rural
Water modified the proposed waterway rules and undertook public consultation a second
time. These proposed rules were modified following the second public consultation.
The amendments following the first public consultation related to:

Removing the rule restricting the speed limit to 5 knots on all waters, except in
designated safety zones;

Removing the rule limiting the engine size of powered vessels;
Following the second public consultation, the final proposed waterway rules submitted by
Southern Rural Water are:

Retaining the two areas prohibited to vessels:

within 200 metres of the dam wall at the southern end of Blue Rock Lake;

on the western shore in the Old Tanjil Road Recreation Area adjacent to the
toilet block, 160 metres wide extending 60 metres from shore.

A 5 knots speed restriction zone in the north-eastern part of Blue Rock Lake.

A 15 knots speed restriction on all other waters of Blue Rock Lake.
These rules are proposed as a 12 month or (2 boating seasons) trial to allow Southern Rural
Water to analyse the changes and seek community and user views on the success and
issues with the rules.
6.2
Mandatory considerations4
6.2.1
Safety risk the proposed rule is intended to minimise or eliminate
Southern Rural Water states the proposed rules are mainly intended to increase the usage
of the waterway for fishing purposes and to bring the storage into line with the Victorian
Government’s ‘Target One Million’ plan for recreational fishing. It seeks to achieve this
objective whilst maintaining its commitment to water quality for the stakeholders in the
storage, increase use for a variety of waterway users and not unduly add to the risk for
operators or users of the Lake.
Southern Rural Water has identified the following safety risks and issues that the new
proposed waterway rules seek to address:
4

The 5 knot speed limit within 50 metres of the shoreline and within the designated
safety zone reduce the impact of water quality contamination from bank erosion and
turbidity.

The vessel size and power output restrictions greatly restrict the types of vessels that
can operate on the waterway and Southern Rural Water (SRW) in supporting greater
MSA s187 (1) (a)
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Schedule 113 Blue Rock Lake
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and equitable use of the waterway believes that with appropriate zoning and speed
limits the waterway can accommodate larger vessels.

The proposed rules will allow for safer navigation of the waterway in times of high
winds and/or stormy conditions. Currently, only very small vessels can access the
waterway and this combined with very small power outputs (up to 10hp) can make
navigation in these times difficult and dangerous. Allowing larger vessels with higher
power outputs will be much safer in inclement conditions.

The introduction of a 15 knot speed limit for the main body of the Lake recognises the
safety risks associated with high speed vessels on other users of the waterway
especially non powered craft and swimmers. Fifteen knots is also an appropriate
speed where by transiting the waterway can be achieved in a more timely manner.

A 5 knot speed limit in the heavily treed northern area of the Lake where the Tanjil
River enters, will reduce the risk of incidents, however vessel operators will still be
required to operate their craft in a safe manner. Signage and navigation aids are
proposed as part of the rule changes.

Retaining the no go zones, swimming areas and the state law limiting speed to 5
knots within 50 metres of shore will also help mitigate incidents on the waterway.

Changing the main body of the Lake to 15 knots, will allow safer passage under
inclement conditions whilst maintaining a safe speed to avoid passive Lake users.

The introduction of a 15 knot speed limit combined with educational programs and
enforcement should curtail any inappropriate vessel operations.
6.2.2
Alternatives
Southern Rural Water believes that an alternative way to achieve the above mentioned risk
mitigation would have been to remove the speed and vessel length restriction and retain the
power output restriction, however, does not consider this practical when continuing to limit
power output.
Southern Rural Water believes that the 15 knot speed limit is a balanced approach to
managing safety on the waterway and addresses many of the concerns of those submitting
comments. Southern Rural Water’s aim was to develop waterway rules which enable greater
use of the waterway to a larger number of people in a safe manner. The increase in the
speed limit from 5 knots will enable a larger number of waterway activities while at the same
time limit the potential safety issues associated with high speed craft operating on the
waterway.
6.2.3
Benefits and costs
Southern Rural Water nominated the following benefits of introducing amended waterway
rules:

The benefits to the local, regional and Victorian community will be extensive. The
proposed rules are designed to allow greater use of the waterway and flow on effects
will be felt at local businesses, regional associated enterprises and potentially
Victoria wide benefits from increases in interstate visitors wishing to fish at Blue Rock
Lake. Several fishing tournaments have been conducted at the storage in recent
times and each of these has required an exemption from the current rules. The
tournaments attract media attention and coverage on radio and TV fishing shows. As
part of the Victorian Government's initiative to get one million people into active
recreational fishing, local and regional communities can benefit from greater
Waterway Rule Decision
Schedule 113 Blue Rock Lake
Page 8 of 54
patronage, exposure to a wider audience and potentially to greater prosperity through
the changes.

There will be significant benefit from increased patronage on the waterway by all
types of vessels. Although the 15 knot speed limit may restrict some operations
involving higher speed it is felt that there is an increase in allowable activities even at
a speed limit of 15 knots.

In applying for temporary rules it will enable SRW to undertake vessel and waterway
activity surveys to improve knowledge as to how the waterway operates. In particular
the collection of data will enable SRW to better understand cross-lake swimming and
non-powered vessel activities, the types of non-powered craft and where they
operate and to assess the areas where water-skiing occurs. In addition SRW intends
to apply for funding to undertake a thorough hydro survey of the waterway to
establish areas where submerged objects become a hazard to vessel operators at
various water levels. Such a survey may result in an application for waterway rules
restricting vessel speeds at various water levels (similar to Lake Glenmaggie) and
the survey will assist in reviewing the speed limits as they apply to water-skiing
activities.
The costs identified by Southern Rural Water are:

Costs for SRW will be moderate. Signage and navigation aids aside, there are
expected to be some changes in compliance activities and recreational area cost
increases. Blue Rock Lake already has facilities such as recreational areas and car
parking far in excess of what has been needed in its short history, there are car and
trailer parking spaces for at least 60 cars/trailers at the site. Blue Rock Lake has very
good boat ramp facilities that can accommodate larger vessels. The water level is
very stable - only dropping below 70% in one year out of the last 10 (the biggest
drought on record). Since SRW changed the way that Lake Narracan is managed in
2011, it now uses Blue Rock Lake even less. This means that the water level
remains even more stable and since that change in 2011, Blue Rock has not gone
below 90%.

Some changes will be evident for the local community around Willow Grove if the
proposed rules are adopted. Some submissions talk about the loss of amenity to the
area that greater usage and larger faster boats may bring. Reducing the restrictions
may alter the somewhat peaceful natural surroundings in a way that some locals
have objected to. Things such as 'peaceful walks, kayak trips and cross-lake
swimming' are mentioned in the submissions. These matters must be balanced
against the equity argument in not allowing more people to use the waterway.

Gippsland Water (GW) may have extra costs in treating the raw water from Blue
Rock Lake in the event that water quality deteriorates. GW pump water direct from
Blue Rock to Moondarra Reservoir prior to treating for human consumption and also
pump water from the Tanjil River below Blue Rock and direct from Blue Rock to the
town of Willow Grove. GW were keen participants in SRW’s risk assessment (on
drinking water quality) when establishing the basis for our proposed rule changes, as
the consequences for them are very high if water quality is impacted.
Southern Rural Water believes that the introduction of the new waterway rules is a balanced
approach to the associated benefits and costs. The trial period for these rules will assist in
determining whether they are appropriate and point to strategies which may be required to
further enforce the waterway rules.
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6.3
How the waterway manager has taken into account the submissions and
comments
Southern Rural Water’s initial intention was to modify existing rules to allow greater use of
Blue Rock Lake for those wishing to fish the waterway. After reviewing submissions from
that process and to implement the Victorian Government's commitment to remove
horsepower, speed and vessel length restrictions under the 'Target One Million Plan',
Southern Rural Water modified the proposal to encompass this.
For the second public consultation, Southern Rural Water received 52 formal submissions 20 positive submissions and 32 negative submissions. One of the negative submissions
was from a combined group (90+). Southern Rural Water considered the submissions
received from the public, anecdotal feedback from stakeholders and other users of the
waterway and amended the proposal to reflect those views.
Generally, the positive submissions were short in nature and some stated their complete
approval of all aspects. In summary:

4 were from fishing organisations or Government departments.

1 submitter wanted water-skiing for the tourism potential for the town of Willow Grove

2 submitters were supportive of the ban on water-skiing & PWCs

2 submitters were keen for a rule banning two stroke outboards on environmental
grounds

Some submitters were keen to suggest some alterations around our proposals,
mainly to address safety concerns for other users of the Lake.
Generally, the negative submissions were much more detailed and tended to have more
than one area of concern. Usually citing environmental/amenity and safety issues in the one
submission. In summary:

8 submitters want no change at all to the current rules

9 submissions mentioned that they wanted to retain a 5 knot speed limit over the
whole of the Lake

10 submissions were concerned about the safety of kayaks and swimming in open
water

Many submitters thought that the environment/natural amenity of the area would be
compromised under the proposed rules

7 submissions mentioned compliance to rules and potential facility issues if proposed
rules are implemented

Erosion concerns from faster speeds/larger vessels was mentioned in 5 submissions

The process of the proposed changes was criticised in 1 submission

There were no submissions that questioned the need for the 5 knot safety zone in the
north of the Lake, a few made a point of supporting this.

The combined group submission proposed a maximum power output of 30hp and
retaining the 5 knot speed restriction.
Southern Rural Water addressed the each of the concerns raised in the negative
submissions (refer Attachment 2). These concerns were summarised into 7 main topics and
addressed by Southern Rural Water as follows:
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Schedule 113 Blue Rock Lake
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
Do not want any changes to the current rules Leaving them as they are is not a good equity outcome. The proposed rules will allow
more Victorians to enjoy the waterway.

Retain speed limit/have safety concerns around speed increase Blue Rock Lake has ample area for larger boats to navigate at 15 knots. A 5 knot
safety zone introduced in an area where most snags exist (northern part of Lake).
Signage will be installed warning of these hazards at boat ramps. SRW will develop a
staged restriction regime if required due to low Lake levels (similar to Lake
Glenmaggie).

Safety concerns around swimming and kayak use 5 knot safety zone retained around perimeter for 50 metres, this should be ample
area for swimmers and kayaks to operate safely. Swimming zones (vessel prohibited
zones) retained. New 15 knot speed limit in main body of Lake.

Erosion concerns Risk assessment indicates this will remain a high risk for water quality although not
as bad as open access. 5 knot speed limit retained around perimeter for 50 metres.
Large boats put up less wash at speed than they do at 5 knots.

Environment/amenity concerns No safety risk is addressed with this topic.

Facility/compliance concerns SRW manage 7 large dams and manage recreational facilities and compliance at the
storages. SRW is experienced and have the capability to manage waterway
compliance and will engage external compliance teams and contract cleaner’s
services.

Process for change criticism SRW followed and exceeded the Marine Safety Act 2010 process for advertising
change, and have gone beyond what is required to make sure those who wish to
comment have the opportunity to do so.
In particular, it was thought that a ban of water-skiing and PWC use was not conducive to
increasing the use of the waterway for all those who wished to use it safely, which was one
of the original objectives when the review process started. There was a need to find a way to
include these activities whilst maintaining the safety of those who use the Lake in a more
passive manner such as kayaks and swimmers. The introduction of the 15 knot limit will
allow some slower speed towing activities, such as children on water biscuits and beginners
skiing without unduly risking the safety of others. Importantly, the 5 knot speed limit rule
within 50 metres of a person in the water or another vessel will remain in place. Also, the 15
knot speed limit will not in their opinion, have a dramatic effect on the fish stocks (or fishing
activities) of the waterway either, as the recreational activities will be in areas away from
where fish naturally congregate in treed and shallower areas.
Southern Rural Water considered the effect of introducing a 15 knot speed limit against the
submissions received and is of the view that many of the negative submissions will be
ameliorated by introducing the limit. Particularly those around the safety of non-powered
craft and swimmers who 'cross the lake'.
The inclusion of a 12 month (or 2 boating seasons) trial will allow Southern Rural Water to
analyse the changes and seek community and user views on success and issues with the
rules.
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Southern Rural Water believes that the safety risks to a significant number of users will be
lessened, public acceptance will be higher and a greater number of people will be
encouraged to use the waterway recreationally with the altered proposal.
7.
Compliance with Marine Safety Act waterway rule making
process
Southern Rural Water has complied with all the requirements of the MSA, including public
consultation.
Southern Rural Water has submitted the request for the making of a rule in writing, with the
required information, including a draft of the proposed waterway rule.
8.
The Safety Director's conclusions in making a decision
whether to make or not make a waterway rule
In making a decision as a result of a request to make a waterway rule the Safety Director
must have regard to;
 the mandatory considerations, and
 the summary of submissions or comments received.
8.1
Mandatory considerations
8.1.1
Safety risk the proposed rule is intended to minimise or eliminate
Southern Rural Water has identified some safety issues associated with vessel operation on
Blue Rock Lake that warrant a change to the existing rules. The original rules imposing
restrictions on vessel length, power motor output and speed were initially introduced when
the lake was first constructed, and were done so to reduce the effects of vessel wake on
water quality and bank stability. There is no evidence of these rules being imposed as a
result of specific marine safety concerns.
Southern Rural Water has indicated that there now exists well developed shoreline
vegetation and that the banks have stabilised to the extent that vessel wake is no longer a
major consideration.
Southern Rural Water has identified the following safety benefits that the proposed rules will
introduce to the lake:

Safer navigation of the waterway during inclement weather conditions as a result of
the option for the use of larger vessels.

Limit potential conflict between powered vessels and non-powered craft and
swimmers by retaining the vessel prohibited zones and 5 knot zones around the
lakes’ perimeter and within the heavily treed areas.

Ensuring waterway rules reflect current usage and demand, thus eliminating potential
for confusion amongst users.
Southern Rural Water has revealed that larger vessels with larger modern motors have been
known to use the Lake, and there are increasing requests to remove the restrictions,
indicating that the rules do not reflect current usage and demand.
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In making waterway rules the Safety Director must have regard to the principles of the MSA.
Section 21 of the MSA outlines the principle of equity of use of Victorian waterway, as the
use of State waters will not be unduly favoured to the detriment of other uses of those
waters. For these reasons, I support the removal of the rules restricting vessel length and
power motor output.
The proposal to increase the speed limit in the main part of the Lake creates additional
opportunity for other activities on the Lake and addresses the equity issues of banning
water-skiing and PWCs. Increasing the speed is also necessary to cater for larger vessels
and more powerful engines, particularly during times of inclement weather. Placing a limit
on the speed to 15 knots goes some way to address the issues and concerns in relation to
high speed vessel activity and is sufficiently low as to limit potential interaction between
larger more powerful vessels and non-powered vessels and swimmers. The state-wide
waterway rules of not exceeding 5 knots within 50 metres of another vessel or a person in
the water also still apply to address these safety issues. The 15 knot speed limit also
enables water-skiing and PWCs to enjoy the waterway operating at lower speeds, without
significantly increasing the risk to other waterway users.
Maintaining the 5 knot speed restriction in the northern section of the Lake is a satisfactory
outcome and addresses the risk posed by trees and semi-submerged hazards in the area,
as will the state-wide waterway rule of not exceeding 5 knots within 50 metres of the water’s
edge that will still apply around the Lake. The 5 knot speed limit around the perimeter of the
Lake will also help address concerns in relation to water quality.
Southern Rural Water has proposed the rules be implemented for a 12 month (or 2 boating
seasons) trial to allow further analysis of the changes and seek waterway user views and to
Southern Rural Water has also proposed to undertake a hydrographic survey of the Lake to
further identify any other hazards that may exist. This is a sensible and contemporary,
factual and data driven approach to introduce the new rules and allows the opportunity for
future review.
After considering the safety issues and reasons outlined above I am of the view that the
waterway rules proposed by Southern Rural Water address the safety issues and reflect
demand for increased use of the waterway. Waterway rules which are reinforced by
appropriate navigational aids and signage are some of the measures that address waterway
safety issues. Southern Rural Water have acknowledged that in making new waterway rules
at Blue Rock Lake educational programs combined with enforcement activities should curtail
any inappropriate or unlawful vessel operations.
8.1.2
Alternative ways to address risks and safety issues
Southern Rural Water believed that an alternative measure was to remove the speed and
vessel length restriction and have an increased power output restriction, however this was
not considered practical (to have unrestricted speed and limit power output) and did not
achieve the outcome to increase the usage of the waterway.
Other alternatives considered did not achieve the objective to increase use of the waterway
whist maintaining water quality, increasing use for a variety of waterway users and not
unduly add to the risk for waterway users.
The proposal to remove speed, vessel length and power output restrictions whilst banning
water-skiing and PWCs, did not achieve the objective to increase the variety of waterway
users and also does not support the principle of equity under the MSA.
To address this Southern Rural Water omitted the ban on water-skiing and PWCs from the
proposed rule. In reviewing the submissions received Southern Rural Water addressed the
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concerns of risk to safety by amending the proposed waterway rule and introducing the 15
knot speed restriction. This is a balanced approach to managing safety on the waterway
and the principle of equity of use and access.
After considering the possible alternatives to the final proposed waterway rules the
introduction of the waterway rules, in this instance, is an appropriate response to the risks
and safety issues identified.
In making the rules temporary it allows Southern Rural Water time to monitor increased
vessel use, assess the impact of the new rules and propose alternative rules if deemed
necessary.
8.1.3
Benefits and costs
The proposed waterway rules for Blue Rock Lake are expected to benefit waterway users by
allowing all types of vessels, greater use of the waterway, creation of a relatively safe
operating environment for all users and activities and updated rules that reflect projected
usage. Increased use of the waterway is also a potential flow on benefit for local
businesses.
The identified costs associated with the proposed waterway rules relate to potential
reduction in passive vessel activity, however the introduction of the 15 knot speed restriction
should alleviate this concern and preserve Blue Rock Lake as safe waterway for passive
vessels.
Southern Rural Water has also highlighted costs associated with the installation and
upgrading of navigational aids and signage and ongoing compliance activity costs, and
potential costs in water quality for Gippsland Water. Increased use of the waterway by
removing restrictions has also been mentioned as a potential cost to the amenity and
peaceful enjoyment of the Lake.
In applying for temporary rules it allows Southern Rural Water time to monitor and assess
the impact of the new rules and Gippsland Water time to assess the impact of increased use
of the Lake on drinking water quality.
The proposed rules I believe reflect a balanced approach to the identified benefits and costs.
8.2
Summary of submissions or comments5
Southern Rural Water received 52 formal submissions - 20 positive submissions and 32
negative submissions.
Southern Rural Water in its Request provided a summary of the comments made in the
submissions.
In reviewing how Southern Rural Water has taken into account the submissions received I
am of the view that the response is adequate. Southern Rural Water has taken into account
the submissions when proposing the waterway rule and amended the waterway rule
accordingly, keeping in mind safety and equity of waterway users by introducing the 15 knot
speed limit in the main part of the Lake rather than the initially proposed open speed limit.
5
MSA s187 (1) (b)
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Safety Director’s Decision
9.
I, Peter Corcoran, Director Maritime Safety, (as delegate of the Director, Transport Safety)
hereby advise that, after having regard to:

the mandatory considerations, and

submissions received in relation to the proposed rules, and

having taken into account the Objectives and Principles of the Transport Integration
Act 2010 (Vic)
I have decided to make the waterway rule as requested by Southern Rural Water for Blue
Rock Lake for a trial period until 30 June 2016.
10.
Reasons for Decision
Southern Rural Water has identified the safety risks to vessel operators and other waterway
users and proposed a balanced approach to addressing these risks while at the same time
recognising the expected costs and benefits associated with the introduction of new
waterway rules. Given the demand for increased waterway use and the nature of Blue Rock
Lake, the proposed rules represent an appropriate response to address the safety issues on
the waterway.
Southern Rural Water has undertaken the required public consultation and addressed the
mandatory considerations (i.e. the safety risk, alternative ways of addressing the risk, and
the associated benefits and costs).
The final rules reflect due consideration of the safety issues for waterway users, ensure a
high degree of access to the waterway by a variety of users and are contemporary in nature
given the projected usage of the waterway.
I recommend that Southern Rural Water monitor ongoing usage of the waterway, undertake
a hydrographic survey and consider operating rules for low water levels if needed in the
future. It is requested that Southern Rural Water analyse and review the rules prior to 30
June 2016, with the view to amending them if required or retaining them.
The rule will be published in the Government Gazette and on the Safety Director’s internet
site, in conjunction with installation and modifications to the navigational aids and signage by
the waterway manager.
PETER CORCORAN
Director, Maritime Safety
Delegate of the Director, Transport Safety
Dated: 26/6/2015
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Appendix 2 - Copy of the Request to Make a Waterway Rule
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