Hansard debates

  Dr NAPTHINE -- The bill makes a  range of amendments to the  Marine Safety Act
2010 and  other legislation designed to improve safety outcomes and increase the
effectiveness of marine regulation.
In  particular,  the  bill extends the new hoon boating scheme to cover offences
which endanger or harm marine wildlife.
The Marine Safety Act,  passed  by  Parliament  in  September last year with the
support of the coalition parties, then in opposition, is  a substantial piece of
legislation.  Unfortunately the bill  was  rushed through the  Parliament by the
then Labor government without adequate opportunity for proper scrutiny.

During  the debate I  was  critical of the  government's  abuse of parliamentary
process in relation to this act, so it is not surprising that a  large number of
amendments are now necessary.

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Overwhelmingly, these  amendments are practical measures that give better effect
to the intent of the act and the marine safety regulatory scheme.
Proposed regulations  to support the act are currently undergoing  an exhaustive
consultation process with all elements of the recreational and commercial marine
sectors. While some  finetuning  is always  required  when major new  regulatory
regimes are being put into place, I  can  assure  the  Parliament  and  industry
stakeholders that the  coalition government is allowing  adequate time to  fully
discuss the changes and get things right -- for example, the formal consultation
period on the proposed regulations was doubled from one to two months.
The extension of the hoon boating scheme to protect marine wildlife -- --
  An honourable member interjected.


  Dr NAPTHINE -- I have already met with them.
The extension of the  hoon  boating  scheme  to  protect  marine wildlife is the
government's response to reports of a number of ugly incidents  during  the last
boating  season -- tragically  highlighted  by the  killing  of a  two-month-old
dolphin off Portsea, apparently struck by a boat or jet ski.
The Wildlife Act 1975 contains a range of offences to protect marine mammals and
other marine wildlife, and the bill  brings  these  offences within the scope of
the hoon boating provisions.

Modelled  on the hoon driving laws, the hoon boating scheme was introduced  from
September 2010 when water police were empowered to  place an embargo notice on a
recreational vessel which had been operated in a dangerous manner and to order a
person involved  in operating  a vessel  dangerously off the water for up to  24
hours.
From 1 September  this year, police  were  empowered to seize  vessels,  impound
vessels and seek forfeiture of vessels.
This bill extends the scope of  the hoon boating scheme so that the sanctions of
embargo, impoundment and forfeiture apply to the active  pursuit of wildlife, as
defined by various offences under the Wildlife Act.
This means the hoon  boating provisions  will be  able to  be used by authorised
marine wildlife officers.

Among the other amendments in the  bill,  some  of  the more significant changes
include:
  ensuring  that  operators of hire and drive vessels are covered  by  the  same
  statutory duty of care as operators of recreational vessels;
  allowing  Victoria to  recognise  certificates  that  are  recognised  by  the
  commonwealth; and
  facilitating better renewal procedures for marine licences and permissions.
The bill improves  consistency across the  transport portfolio by  aligning  the
regulatory framework for issuing marine infringement notices with the regulatory
framework  for  other   transport  infringement  schemes  within  the  Transport
(Compliance and Miscellaneous) Act 1983.

The bill  also  contains amendments  to  the  regulation of  Victorian  ports in
response to the review  conducted by the Essential  Services Commission in  2009
into its price monitoring regime for the sector. The bill:
  repeals the Victorian channels access regime; and
  refines the regulatory role of the Essential Services Commission.
Finally,  the  bill also makes  a  series of minor,  miscellaneous and machinery
changes to improve the operation of the marine and ports sectors.
These include:
  repealing the sunset  clause  for regulation of towage services at the port of
  Melbourne;

  transfer of marine  pollution  control functions  back  to the  Department  of
  Transport;
  clarifying that the Secretary of the Department of Transport can recover costs
  incurred in marine pollution incidents where discharge occurs or  is likely to
  occur;
  establishing an accreditation  scheme  for  persons  providing services to the
  marine safety regulator; and
  providing regulation-making power for the transfer of commercial certificates.
I commend the bill to the house.
Debate adjourned on motion of Ms ALLAN (Bendigo East).

Debate adjourned until Tuesday, 22 November.