Here's the email sent to members yesterday
Be aware - Lifejacket laws are changing - tomorrow!
We here at Kiteboarding Australia and KNSW are following up on information provided by Roads & Maritime at the KNSW AGM last week.
From tomorrow, 1 July 2016, there is a change in where you are required by law to wear a lifejacket. It is your responsibility to ensure that you understand how the law affects you.
We will provide here some information about the updated regulations and hope to provide some maps to make the law more clear over the coming weeks, You should check out the Act and Regulation to make sure you are aware of your obligations, this email is not legal advice and should not be relied upon as such.
These changes are part of broader changes to the Marine Safety Regulation (NSW) and the Marine Safety Act 1998 (NSW). For a summary of the changes to the regulations please visit the Roads and Maritime Website here.
Note also that the prohibition of kitesurfing in the waters of Port Jackson, including the waters of all tidal bays, rivers and their tributaries connected or leading to Sydney Harbour bounded by high water mark and lying to the west of a line commencing at the southernmost point of North Head and running to the northernmost point of South Head is included under the Act (s 5).
What has changed?
Kiteboarders are now required to wear an appropriate lifejacket:
when the vessel is being operated between sunset and sunrise, or
when the vessel is being operated on alpine waters (check out the definition here), or
when the vessel is being operated on open waters (read more below), or
when the person is not accompanied by another person 12 years of age or more.
Previously, under the Marine Safety Regulations 2009 (NSW) a kiteboarder only had to wear a life jacket if they were over 400m offshore.
What is an appropriate life jacket?
We all know that life jackets are difficult to find that fit well with your harness. Any lifejacket to comply with the law need to be level 50S or greater. However, a manual inflating (including a belt-bag) lifejacket may be more comfortable and will be compliant. Any of the lifejackets in this list are going to be compliant:
www.wearalifejacket.vic.gov.au/lifejackets-for-your-lifestyle What are open waters?
The most unclear portion for a kiteboarder is around what constitutes "open waters".
The new regulations say that open waters include means navigable waters that are not within the land mass of New South Wales such as inland and coastal rivers, inland and coastal lakes and similar waters, and enclosed coastal bays and harbours.
In addition, the list that follows here are waters excluded from the definition of open waters (so you don't need a life jacket unless one of the other things set out above applies ie. you are alone or it is between sunset and sunrise):