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Silly Rules Part 3: BoI Dolphin Sanctuary


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6 minutes ago, BOIGuy said:

That's not how this rule will be implemented, there is no Act of Parliament created, just a rule gazetted by the Minister.

The legal instrument is the Marine Mammals Protection Act, which allows a gazette notice to be published.

The MMP restricts what limitations can be in a gazette notice. Any gazette notice is limited to what's in the MMP.  So the gazette notice could enforce the full set of rules in the MMP (eg no access to a given area under any circumstances) or a subset of access under given conditions.  Eg don't go faster than 5 knots... 

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Do I  not ,as master, have a duty to protect the safety of my vessel and her crew? Assuming yes, does this override the rule being discussed here?

Example: i was sailing towards Cape Rodney at 9kn approaching a lee shore in 25kn, 1.5 metre seas with the tops coming off. Not life threatening but still a really bad idea to round up and drop sails , and I would cheerfully stand up in a court to defend my decision.  And if the court ruled against me I would still do it again .

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On 18/08/2021 at 12:18 PM, Black Panther said:

Do I  not ,as master, have a duty to protect the safety of my vessel and her crew? Assuming yes, does this override the rule being discussed here?

Example: i was sailing towards Cape Rodney at 9kn approaching a lee shore in 25kn, 1.5 metre seas with the tops coming off. Not life threatening but still a really bad idea to round up and drop sails , and I would cheerfully stand up in a court to defend my decision.  And if the court ruled against me I would still do it again .

Mate I've seen Flipper in court, you wouldn't stand a chance.

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2 hours ago, Dtwo said:

I would cheerfully stand up in a court to defend my decision.

This is why I made it clear in my submission that stopping a yacht in the open is inherently hazardous to the boat and the personal on board.

The Minister has been told and I would happily explain to a court why it was safer to keep going.

Love to see the doc ranger call me to stop, I will explain to them that I will continue to a sheltered spot and they can have a chat with me then.

Its not like pushing the pause button on a video game, there's no reset button either.

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