Regulation 17A. Just reviving this post as we are making progress. I will be meeting with the Roads and Maritime Minister next week. She has expressed interest in our argument. What I want from all Welshmen is a comment as to anything I may have missed. Included in that could I have comments from liveaboards on how they anchor and move about. I don't really want to cramp their life style but we must free up the system for those who are cruisers, whether short or long term.

Clause 17A of the Marine Safety Regulation 2016.
Part (1) of Reg 17A amounts to control of a citizen's right to free movement and use of private property. It is only being used to target cruising yachts whereas the Regulation applies to ALL VESSELS. Part (2) of Reg 17A needs a definition of place added. It should not be Sydney Harbour or Pittwater/Hawkesbury River as the RMS staff are interpreting. It should be a place as defined by a name [e.g. Little Manley Bay, Sydney or Jerusalem Bay, Hawkesbury River] on a marine chart.Statements by RMS with Rebuttals. From a letter by Terry McSweeny, Principal Manager Ministerial & Govt. Services, Customer Relations & Govt. Services, 20/11/2017 "At anchor" includes vessels secured to tree or other means of attachment to the shore or seabed. I would think this would include free Public moorings and marinas. "In any one place" means an identifiable area of water, such as a bay, and not just the spot the boat was anchored. We have yet to see the use of Tasman Sea but we certainly have seen Sydney Harbour, Pittwater and the Hawkesbury River, Lake Macquarie and Port Stephens. Their interpretation of "place" seems to change by which officer of the RMS is applying this rule and the larger the place name [e.g. Sydney Harbour] the better for RMS. The reason for this amendment is to ensure the mooring licence system cannot be circumvented. While no one wants to do this the reason we have yachts is to use them, so why are RMS targeting only cruising yachts? From a letter by Angus Mitchell, Executive Director NSW Maritime. Afloat Magazine March 2018. "a vessel cannot remain at anchor in a single geographical location for a periods exceeding 28 consecutive days with a maximum total of 90 days in NSW waters". Here we have a statement that it is a 'single geographic location' yet RMS is still saying that's Sydney Harbour etc. instead of a name bay on a chart. "b) To prevent vessel owners from circumventing the need to utilize commercial marinas" How can the State Government direct people to "utilize" certain commercial operations? "It is important to note that these regulations are not designed to discourage cruising yachts and visiting vessels from experiencing the beautiful waterways of NSW." So why are the only targeting cruising vessels? We have no reports of small private fishing boats, commercial vessels or even large ships being told where they are allow to anchor and for how long. Other comments in this letter relate to private moorings and responsible and sustainable use of NSW waterways while Reg. 17A actually heavily restricts the use thereof. Comments: As can be seen by the above comments by RMS Executive and by verbal comments [most of which are not documented] by RMS officers, it appears that they are adding to and applying the regulation, sometimes on a personal basis, their interpretation of the few words contain within Reg 17A. In no case have we heard that this regulation has been applied to any other vessel than a cruising yacht. This Reg applies to All Vessels, not the operator, such that if the vessel has had 90 days of anchoring, it must leave the state for an undefined period [according to one RMS Exec] or wait until the end of the calendar year. Question, do we get a reduction on our mooring fees, boat registration and compensation for lost insurance and maintenance cost for the other 275 days? If you sell that vessel I think the new owner cannot anchor the vessel again in NSW until the calendar year has passed as Reg 17A applies to the vessel, not the operator. According to one verbal advice from RMS HQ in Sydney, if you have a log book "you are OK". Whatever "OK" means. The act of anchoring is not defined. Does it mean for one hour or 24 hours or once in 24 hours? What if you anchor in two places in 24 hours, is that 2 days or one? Comments from Terry McSweeny [above] could be argued that being in a marina is still anchoring. Recently the RMS entered another faze whereas they are giving cruising yachts [but nobody else] written notification that they are anchored with the date when they must vacate that mooring area. [In one case it was the whole of Port Stephens]. One person I know of cruised last winter to Queensland from his home port of Jervis Bay, he was chased by the RMS on his return because he had used up his 90 days of anchoring sailing up and back down the NSW coast. Worst of all we have heard of several overseas visitors with 3 Year Commonwealth Cruising Visa being hassled. In line with this is the requirement that we must give RMS notice and obtain permission if we are going to vacate our private mooring for more than 28 days. We would ask why, as the license only allows the registered vessel to be moored on that mooring. If the RMS is too lazy to check boats against moorings, why are we doing their work? This section 109 & 117 in the Australian Constitution seem to be relevant here. It maybe that Reg. 17A is unconstitutional & should be removed immediately.
Inconsistency of lawsWhen a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
117. Rights of residents in States
A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. Because of this Regulation cruising yachts are already leaving for Queensland or are passing through NSW faster than they normally would. Not good for tourism. So imagine if all this was applied to Caravans of which over 500 are made in Australia every week. Can you imagine the chaos within RMS if all caravans [read yachts] had to apply to go on the road for longer than 28 days?What would happen after 90 days, would they have to go interstate or just give up and park their caravans at home? Because this is what the RMS is asking us to do with our cruising yachts.A question for the RMS Minister is; "Why is this only being applied to cruising yachts when Reg 17A states "ALL VESSELS"Clause 17A of the Marine Safety Regulation 2016 should be withdrawn immediately.