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robdddd said..
So this requires NSW wave sailors to wear a life jacket? Is that correct?
Or is there a loophole?
The wearing of a lifejacket refers to open waters and the definition for this is...
"open waters means navigable waters that are not enclosed waters."
There is no definition for "navigable waters" so it could be argued that navigable waters are where boats can typically navigate.....surely this excludes the surf zone?
hope this never happens in Tassie!
Well, I'd have a look at giving that line a spin, if I was in the surf (rather than way out the back when I was caught). When I was at uni I looked up the definition of "navigable waters" and found that there was an old UK case where it was said an artificial lake, big enough to race dinghies on, wasn't "navigable waters".
It seems that these laws may have been put through to make sure that all the states have similar laws. In that case, Tas will probably go the same way.
It costs money to get regs changed; we're going to need a determined effort to have these switched back. I wrote the submission that got these proposed laws canned a few years ago, but that was when they were only a proposal. I'm not confident it could be done that way again, with me just spending a few nights (and some time stolen in quiet times at work) doing the research and the writing. This time we'd need to get some specialist professional advice, and that means either a volunteer or $$$$$.