IW6 - Zoning Aquatic Activity
Back

IW6 - Zoning Aquatic Activity

Issue Date Effective Date Version
07/2024 01/07/2025 2.0

Purpose

To provide guidelines for identifying and applying activity and prohibition zoning to inland waterways.

Scope

This guideline applies to entities and/or individuals who own, operate, or control inland waterways; or own, operate or control public access to inland waterways; or have a responsibility / duty of care for the use of the associated inland waterway, such as land or water managers or inland waterway program or activity operators (hereafter referred to as the ‘responsible person’).

There are many examples where access to waterways is via land owned or operated by a variety of stakeholders, and where the waterway is owned or operated by a third party. A shared responsibility approach between stakeholders to each do what is reasonably practicable to reduce the risk of drowning or serious aquatic injury arising from use or access to the waterway should be adopted.

BACKGROUND TO RESTRICTED ACCESS AREAS / PROHIBITION ZONES

Restricted access areas or prohibited areas play a crucial role in balancing the safety of human activities with the need to protect Australia's diverse and fragile environments.

Prohibition zones in land and water management are designated areas where specific activities are restricted or entirely banned to protect the environment, public safety, or cultural heritage. In Australia, these zones are established and managed under various federal, state, and local laws and regulations. Here’s how they typically work:

Land Management

Environmental Protection Areas:

  • National Parks and Reserves: These areas are protected for conservation purposes. Activities such as logging, mining, and land clearing are generally prohibited.
  • Wildlife Sanctuaries: Specific zones are established to protect endangered species and their habitats. Human activities that could disturb the wildlife, such as hunting or off-road driving, are banned.
  • Conservation Zones: Areas designated for the protection of natural resources and biodiversity. Activities like development, agricultural expansion, and use of pesticides may be restricted.

Cultural Heritage Sites:

  • Indigenous Protected Areas: These areas are managed by Indigenous communities and are protected for their cultural and spiritual significance. Activities that could damage cultural sites, such as excavation or construction, are prohibited.
  • Heritage-listed Sites: Areas of historical significance are protected under heritage laws, with restrictions on modifications, demolitions, or any activity that could alter the site.
    Agricultural and Forestry Zones:
  • Restricted Agricultural Areas: Zones where certain types of farming practices are limited to prevent soil degradation, water pollution, or spread of diseases.
  • Protected Forest Areas: Regions where logging and other forest exploitation activities are restricted to maintain ecological balance and prevent deforestation.
Water Management

Marine Protected Areas (MPAs):

  • Sanctuary Zones: Areas within MPAs where all forms of extractive activities, such as fishing and mining, are banned to conserve marine biodiversity.
  • Habitat Protection Zones: Zones where activities that could damage habitats, such as trawling or anchoring, are restricted.

Water Catchment Areas:

  • Drinking Water Catchments: Regions where activities that could contaminate water supplies, such as industrial discharges, are prohibited to ensure safe drinking water.
  • Flood Control Zones: Areas where construction or development is restricted to prevent exacerbation of flood risks.

Recreational Water Zones:

  • Swimming and Boating Prohibition Areas: Certain parts of rivers, lakes, or coastal waters may be restricted for swimming or boating to ensure safety, particularly near dangerous currents, sensitive habitats, or industrial operations.
Enforcement and Compliance
  • Regulatory Bodies: Various federal, state, and local agencies, such as the Department of Agriculture, Water and the Environment, state environmental protection authorities, and local councils, oversee the enforcement of these prohibition zones.
  • Penalties: Non-compliance can result in fines, legal action, and remediation orders. Repeat offenders may face harsher penalties, including imprisonment for severe breaches.
  • Public Awareness and Signage: Clear signage and public education campaigns are crucial for informing the public about prohibition zones and the reasons behind the restrictions.

Description

The responsible person should make provision for suitable zoning of inland waterways.

This includes making provision for the separation of incompatible water-based activities on the inland waterway, and/or the isolation of particularly hazardous areas or prohibition of activities.

Land and waterway owners who have the authority to set and enforce prohibitions (including prohibition zones) should do so where the environment or conditions are particularly hazardous or where the preservation of sensitive habitats is warranted.

The zoning of the waterway should be consistent with the Waterfront Classification and Associated Risk Treatment Measures Summary in Appendix C and relevant legislation.

Zoning should never be considered in isolation. Other control measures may complement zoning, such as education, signage, public rescue equipment, and supervision (as applicable).

The responsible person should provide safe activity zones that:

  • reflect an activity specific risk assessment and likely activities undertaken in an area
  • be established in consultation with relevant stakeholders (such as adjacent land and waterway managers, user groups and the general public)
  • use recognised systems to minimise the risk of injury caused by collision
  • be clearly identifiable from the water, from watercraft and from the waterfront
  • be easy to comply with and regulate
  • be responsive to changing conditions

Activity / prohibition zone risk assessment

When undergoing a risk assessment, the responsible person should identify the activities (whether designated or not) that occur in particular areas of the inland waterway and consider hazards including conditions and their compatibility with regards to recreational safety.

The separation incompatible aquatic activities is crucial for the safety of people in the water and around the aquatic location.

Application of zones

There are several ways that zoning should be applied:

  • isolating a particular aquatic activity to a specific location
  • prohibiting access to particular areas or the entireity of the waterway or surrounding land
  • prohibiting particular activities in particular zones and/or the separation of activities that are a risk to other aquatic users within a given area
  • supporting safety across a variety of recreational activities in, on, and around the waterway

Zoning can be temporarily by time or spatially by defined areas, or a combination.

Activities commonly requiring zoning

The activities that most commonly require zoning include:

  • powered watercraft / boating
  • diving and underwater activities (i.e. scuba diving)
  • floating play equipment
  • special events or races
  • swimming
  • swimming and water safety instruction
  • wind sports / unpowered water craft
  • fishing areas

Zone identification

The responsible person should ensure that aquatic activity safety zones are clearly identifiable from in the water, from watercraft and from the waterfront using suitable devices to demarcate the zone(s). This may be by way of:

  • ropes or floating bulkheads for in-water separation
  • I\information signage (including digital signage) or flags adjacent to the waterway viewable from within the water
  • information (i.e. notice board/signage) at the point of entry to the waterway and/or zone including the time of zoning
  • floating buoys / rope lines with clear markers

Aquatic activity zones

Activity zones should reflect the risk assessment and likely activities undertaken in an area.

Aquatic activity zones such as boating and/or swimming zones should be:

  • safe for the activity
  • practical to access for the activity
  • supported by infrastructure (e.g. boat ramps, lifesaving service)
  • easy to identify from both the water and the waterfront
  • easy to comply with and regulate
  • responding to changing conditions (i.e. currents, water levels) and anticipated future water uses.
Common aquatic activity zones

Common zones for aquatic activities in inland waterways that may be suitable to establish include but are not limited to:

  • Swimming only - all vessels, including personal watercraft, powered and non-powered vessels, are not permitted in this zone.
  • Shared wind sport area - this zone provides an area for kite boarding, sail boarding and other wind-based boating which may exceed 5 knots except within 50m proximity to other vessels and swimmers. Other vessels are permitted in this area.
  • Competition zone or Training zone – means an activity undertaken as part of a competition or training organised in accordance with the rules of a sporting organisation; and is approved by the responsible person.
  • Boating only - swimming is not permitted in this zone.
  • Access Lanes: means an area of water which is set aside to permit access to or from the waterfront at speed:
    • for a vessel which is towing a water-skier
    • for launching or retrieving a vessel at a boat ramp when the ramp is located in the area specified as an access lane.
  • No wash zone - the area of water through which a vessel must only pass at a speed which creates minimal wash or no wash.
  • Speed restriction zones such as  5 knot speed limit for all vessels, typically applicable next to waterfronts or swimming areas:
    • within 50 metres of the waters' edge
    • within 50 metres of a fixed or floating structure in or on the water (including a wharf, jetty, slipway or boat launching ramp); except in an access lane
  • Access prohibited - the area of the waterway is not permitted to be accessed.
  • No swimming - swimming is prohibited at this area of the waterway.
  • No Personal Watercraft – personal watercraft (including jet skis) are prohibited in this zone.
  • No water-skiing - wate-skiing is not permitted
  • No vessels – vessels and/or vessels with engines are not permitted

Activity zones should be established so that persons do not bathe within 50 metres of any boat launching ramp that is being used, or is about to be used, for the launching or recovery of any vessel; or within an access lane.

Diving (scuba)

The master of any recreational vessel, or hire and drive vessel engaged in diving operations, on any inland waterways should exhibited on that vessel, where it can clearly be seen, a dive flag or a rigid replica of that dive flag, and:

  • In the case of a vessel of 10 metres or more in length, the height of such dive flag or replica should not be less than 1 metre
  • In the case of a vessel of less than 10 metres in length, the minimum size of such dive flag or replica should be 750 millimetres by 600 millimetres.

Monitoring and supervision of zoned areas

The responsible person should ensure systems are in place to monitor and regulate zoned areas.

Depending on the nature of the activity, additional supervision may also be required either specifically for the activity zone or the increased risk due to more activity in the area.

Lifeguards, rangers, and/or other enforcers of aquatic safety rules and prohibitions should ensure that aquatic activity zones are regularly monitored and that there is no unauthorised aquatic activity within specific areas.

References

  • Agnew, P., Farmer, N., & ESM, Surf Life Saving Australia. (2011). The Australian Coastal Public Safety Guidelines. Surf Life Saving Australia, Sydney, Australia.
  • Australian Government Department of Climate Change, Energy, the Environment and Water (DCCEEW). (n.d.). Retrieved from https://www.dcceew.gov.au/
  • Conservation and Land Management Act 1984 (WA). Retrieved from https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_192_homepage.html
  • Department of Transport and Main Roads Queensland. (2016). Guidelines for the development of marine zone proposals. Queensland Government, Brisbane, Australia.
  • Environment Protection and Biodiversity Conservation Act 1999 (Cth). Retrieved from https://www.legislation.gov.au/Details/C2019C00275
  • Local Government Act 1989 (Vic). Retrieved from https://www.legislation.vic.gov.au/in-force/acts/local-government-act-1989
  • Local Government Act 1993 (NSW). Retrieved from https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1993-030
  • Marine Parks Act 2004 (Cth). Retrieved from https://www.legislation.gov.au/Details/C2020C00161
  • Maritime Safety Authority. (2022). Guide: Vessel Operating and Zoning Rules for Victorian Waters. Transport Safety Victoria, Melbourne, Australia.
  • National Parks Act 1975 (Vic). Retrieved from https://www.legislation.vic.gov.au/in-force/acts/national-parks-act-1975
  • National Parks and Wildlife Act 1972 (SA). Retrieved from https://www.legislation.sa.gov.au/LZ/C/A/NATIONAL%20PARKS%20AND%20WILDLIFE%20ACT%201972.aspx
  • National Parks and Wildlife Act 1974 (NSW). Retrieved from https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1974-080
  • Natural Resources Management Act 2004 (SA). Retrieved from https://www.legislation.sa.gov.au/LZ/C/A/NATURAL%20RESOURCES%20MANAGEMENT%20ACT%202004.aspx
  • Nature Conservation Act 1992 (Qld). Retrieved from https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-020
  • Rights in Water and Irrigation Act 1914 (WA). Retrieved from https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_828_homepage.html
  • Royal Life Saving Society – New South Wales. (2014). Open Water Experience – Risk Considerations for School & Community Groups. Royal Life Saving Society - New South Wales, Sydney, Australia.
  • Safe Transport Victoria. (2023). Victorian Recreational Boating Safety Handbook. Victoria State Government, Melbourne, Australia.
  • State Environmental Protection Authorities (EPAs). (n.d.). Various state websites.
  • Transport for New South Wales. (2021). Get to know your interstate boating rules – New South Wales and Queensland. New South Wales Government, Sydney, Australia.
  • Transport for New South Wales. (2021). Get to know your interstate boating rules – New South Wales and Victoria. New South Wales Government, Sydney, Australia.
  • Transport for New South Wales. (2023). Boating Handbook. New South Wales Government, Sydney, Australia.
  • Water Act 1989 (Vic). Retrieved from https://www.legislation.vic.gov.au/in-force/acts/water-act-1989
  • Water Act 2000 (Qld). Retrieved from https://www.legislation.qld.gov.au/view/html/inforce/current/act-2000-034
  • Water Management Act 2000 (NSW). Retrieved from https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2000-092
  • World Health Organisation. (2003). Guidelines for safe recreational water environments. World Health Organization, Geneva, Switzerland.
Staying Safe
Keep your family safe, no matter where you are