Yep its Law!!
For a full discussion on this see also www.facebook.com/groups/1647101438946548/
And here are some details:
Enjoy your day fellow Welshmen(women)
I Know I'm replying to my own but,
As you can see the minister has replied!
What I have done and what I suggest you should all do is contact your local MP and go and see him/her and explain situation and ask face to face that this law be removed.
I will post my MP's findings as soon as I get them.
I'd better start on that fake log! I'm going to start putting "hove to" for the overnight stop - or just "sailing in circles".
Yeah, and to add further maritime have deemed that all of Sydney Harbour, yes in it's entirety is one place as is all of broken bay, from the bridge at Brooklyn to the sea and all of the waterways is likewise one place so it appears that we only have the use of our boats for fourteen weekends per year.
With the description of all of Sydney harbour being one place how do they reconcile the differential mooring costs within that one area?
Interesting that the 90 day limit does not state consecutive days, just a total of 90 days so I guess that one has to assume they mean we may only use our boats for one quarter of the calendar year.
Should do wonders for the boating industry.
Select to expand quoteBristolfashion said..
I'd better start on that fake log! I'm going to start putting "hove to" for the overnight stop - or just "sailing in circles".
Won't work, apparently they have been spying.
I get the 28 day bit to keep the riff raff moving along but the 90 day anchoring in total is barbaric ! And impossible to police unless ais becomes mandatory. I'll be seeing my mp ASAP
Select to expand quotewoko said..
I get the 28 day bit to keep the riff raff moving along but the 90 day anchoring in total is barbaric ! And impossible to police unless ais becomes mandatory. I'll be seeing my mp ASAP
May I humbly suggest that a tracking and recording system is already in place, Marine Rescue who naturally work closely with maritime, suggest that we all log on when we head offshore ( a system that to date I have consistently used and supported) and off when we reach our destination. Voila, an accurate record of when and where!
This is no longer something that I will embrace, yes I am aware of the potential safety aspects however I will no longer endorse or use something that allows the guberment to implement something as draconian as this poorly worded legislation.
I doubt this will effect the average cruiser. It's just a tool for Waterways to use against known offenders who consistently move their vessels short distances on our waterways.
Most of the complaints are from pensioners in their waterfront properties cheesed off with that untidy steel yacht plonked in front of their house with that scruffy old bloke that tends to drink to much.
Locally the waterways bloke is out and about once a week keeping an eye on the moorings. I never log on with the marine rescue association but I bet they note my comings and goings just the same.
Leaving your anchor chain in the waterways for more than 90 days without antifouling can cause fouling!
Select to expand quoteRamona said..
I doubt this will effect the average cruiser. It's just a tool for Waterways to use against known offenders who consistently move their vessels short distances on our waterways.
Most of the complaints are from pensioners in their waterfront properties cheesed off with that untidy steel yacht plonked in front of their house with that scruffy old bloke that tends to drink to much.
Locally the waterways bloke is out and about once a week keeping an eye on the moorings. I never log on with the marine rescue association but I bet they note my comings and goings just the same.
I have to agree, most of the martime blokes are good value. tho down the track a bit who knows how it might be used. I've been tormented by an over officious BSO exercising his authority, at that time a penalty point was $110, long story short a life jacket infringement that should of been an on the spot fine Instead was dragged into court and I had to face the penalty point system it was a very expensive pain in the ****
on the up side it makes wintering in QLD even more attractive
Just one more example of the ruling of Australia by the undemocratic, unelected so called public service, by fait accomplii of the all encompassing regulation, all those in NSW who have been living on their boats as a life style choice have my sympathy, but I'm sure that this will spread to other states and territories as time goes by as these 'servants of the public' absolutely hate anyone who does not conform to their ideals in any, way, shape or form. Vive La Revolution, Death to the 'Crats. 
.
Select to expand quotekeensailor said..
Its becoming a police state. What is soo wrong with living on your boat.Select to expand quotekeensailor said..
Its becoming a police state. What is soo wrong with living on your boat.
For as long as I can remember you have not been allowed to live on board.
Most local BSO have never really enforced it but the law is there. As Remona said the main complaints are from wealthy water front residents who hate that ****ter ruining their view and living for free where they pay a fortune.
As has always been the case do it smart and you won't have a problem.
Well, I'm just thinking that 90 days is not the same as 90 nights. There is also the requirement to prove that the boat is actually anchored rather than cleaning their gear in the water! If a good, defensible case comes along it might be worth getting a fighting fund together and slinging a bit of lawyer at it.
Seabreeze v.s. The State of New South Wales has a good ring, I'm in for a few quid.
Cheers
Bristol
My latest thought is that as this applies to ALL VESSELS, which means if you go out in your tinny or you operate a commercial dive/fishing boat, a tug or a coal ship off Newcastle, etc where you are going out regularly, you are very quickly going to get your 90 days up!
I think as word of this gets out to the general public the NSW gov is going to get a backlash
I bags first go!
Select to expand quoteBristolfashion said..
Well, I'm just thinking that 90 days is not the same as 90 nights. There is also the requirement to prove that the boat is actually anchored rather than cleaning their gear in the water! If a good, defensible case comes along it might be worth getting a fighting fund together and slinging a bit of lawyer at it.
Seabreeze v.s. The State of New South Wales has a good ring, I'm in for a few quid.
Cheers
Bristol
Sorry but, the burden of proof is no longer upon the state, if it ever really was, it is up to you to prove that you were not anchored in NSW waters for the period of any ninety days, non concurrently out of the year. Good luck with that. I haven't read the regulation, as it doesn't affect me at the moment but, what exactly is the penalty imposed for non compliance?
What I'm finding difficult is determining what a "day" is for this purpose.
If I use my yacht both days of every weekend to go an anchor for a few hours at a nice picnic spot, does that count as a day, even though I return to the marina overnight? How much of a day is a day?
Select to expand quoteBruski068 said..Bristolfashion said..
Well, I'm just thinking that 90 days is not the same as 90 nights. There is also the requirement to prove that the boat is actually anchored rather than cleaning their gear in the water! If a good, defensible case comes along it might be worth getting a fighting fund together and slinging a bit of lawyer at it.
Seabreeze v.s. The State of New South Wales has a good ring, I'm in for a few quid.
Cheers
Bristol
Sorry but, the burden of proof is no longer upon the state, if it ever really was, it is up to you to prove that you were not anchored in NSW waters for the period of any ninety days, non concurrently out of the year. Good luck with that. I haven't read the regulation, as it doesn't affect me at the moment but, what exactly is the penalty imposed for non compliance?
That would be a max of 50 penalty points, one point costs $110.00 at the moment.
Select to expand quoteTamble said..
What I'm finding difficult is determining what a "day" is for this purpose.
If I use my yacht both days of every weekend to go an anchor for a few hours at a nice picnic spot, does that count as a day, even though I return to the marina overnight? How much of a day is a day?
As its so widely worded I would say: anchor down anchor up, that's your DAY !!
Select to expand quoteBruski068 said..
I haven't read the regulation, as it doesn't affect me at the moment but, what exactly is the penalty imposed for non compliance?
Its at the top of this thread Bruski
Select to expand quotenswsailor said..Tamble said..
What I'm finding difficult is determining what a "day" is for this purpose.
If I use my yacht both days of every weekend to go an anchor for a few hours at a nice picnic spot, does that count as a day, even though I return to the marina overnight? How much of a day is a day?
As its so widely worded I would say: anchor down anchor up, that's your DAY !!
I dread to think that you are correct, however given that a "calendar year" commences at 0.00 on the 1st of January and ends 31st December at stroke of midnight a "day" in this context starts at 0.00 hrs and ends stroke of midnight. As they have said "day" and not "part thereoff of a day" it is clear that you must be anchored from before 0.00 hrs continuously until stroke of midnight to make up a day. Lift anchor and most probably move location as per car parking limits and you don't clock up a day therefore not a problem for transient live aboard.
"At anchor includes vessels secured to trees or other means of attachment to the shore or sea bed. "
I guess marinas wouldn't be one of those means of attachment ? So the 5 days at the laurieton wharf or the 24hrs on the pontoons in the Clarence etc, does that count as anchored ? Or as being in a marina ? I'm pretty sure that if you where hauled out that wouldn't count as anchored, tho you would still be attached to the shore, so how about if you where dried out on a sand bar ? Hmm the mention of dried out and bar has given me an idea !
It's funny but when I was waiting for my mooring, the local bso suggested I just anchor in the river whilst I waited for the mooring.
i asked how long the wait was, he said about 12 months!
I opted for the marina but wonder about the regulation- I would have been infringing on both counts - on his advice!
Select to expand quoteUncleBob said..
Yeah, and to add further maritime have deemed that all of Sydney Harbour, yes in it's entirety is one place as is all of broken bay, from the bridge at Brooklyn to the sea and all of the waterways is likewise one place so it appears that we only have the use of our boats for fourteen weekends per year.
With the description of all of Sydney harbour being one place how do they reconcile the differential mooring costs within that one area?
Interesting that the 90 day limit does not state consecutive days, just a total of 90 days so I guess that one has to assume they mean we may only use our boats for one quarter of the calendar year.
Should do wonders for the boating industry.
Where have you found this interpretation. It is not consistent with the interpretation of "place" as set out in the explanatory letter from Transport NSW published at start of thread. It would seem to me that separateLy defined anchorages or mooring fields are different places by that interpretation.
unfortunately there must be a few derelict vessels that have brought this regulation into being and everybody potentially pays for that.
Acording to a mate of mine this regulation has been in force since the 1920s i.e. the depression years and was introduced due to the number of people living on barges etc.
Anybody else know anything about that??
Select to expand quotecisco said..
Acording to a mate of mine this regulation has been in force since the 1920s i.e. the depression years and was introduced due to the number of people living on barges etc.
Anybody else know anything about that??
If you bothered to read my previous post on here I said that
Select to expand quotetwodogs1969 said..cisco said..
Acording to a mate of mine this regulation has been in force since the 1920s i.e. the depression years and was introduced due to the number of people living on barges etc.
Anybody else know anything about that??
If you bothered to read my previous post on here I said that
As you say, nothing new here. Living on a boat on a mooring in NSW hasn't been ok for time immemorial. Be sensible and it isn't an issue for the general sailor.
When were were travelling around Australia and working in our Caravan the Caravan Parks in Sydney had the same sort of rule where we could only stay in the one tourist park for 28 days and then we had to move to another one for another 28 days before we could return to the first one
The rule was 28 days in each park and only 3 stays in the same park each year
We had 6 months in Sydney and alternated between 2 parks for the stay
The reason for this was to stop people living permanently in tourist parks and one park operator told us after a certain period a person staying in the park rights changed and it was harder for the park to evict them if they were playing up
Regards Don
Select to expand quotetwodogs1969 said..cisco said..
Acording to a mate of mine this regulation has been in force since the 1920s i.e. the depression years and was introduced due to the number of people living on barges etc.
Anybody else know anything about that??
If you bothered to read my previous post on here I said that
I did bother to read your post and what you said was:- For as long as I can remember you have not been allowed to live on board.
Most local BSO have never really enforced it but the law is there.
Now if you can remember back to the 1920s you will have to be a centenegarian!! 
Select to expand quoteDonk107 said...
The reason for this was to stop people living permanently in tourist parks and one park operator told us after a certain period a person staying in the park rights changed and it was harder for the park to evict them if they were playing up
Read between the lines of legislation and it essentially means the :- "law is against being poor".
