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moorings in marine parks - unresolved between Transport for NSW and Dept of Planning

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Created by Quixotic 8 months ago, 6 May 2024
Quixotic
ACT, 106 posts
6 May 2024 12:42PM
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Has anyone else run into complications getting a private mooring licence in areas of the NSW coast covered by marine parks?

I understand there is a standoff between Transport for NSW (TfNSW) that issues mooring licences and the Department responsible for marine parks and reserves. The latter used to be the Department of Primary Industries, but I think the change of government rearranged things so it is now the Department of Housing, Planning and Infrastructure.

Areas covered by marine parks in NSW include Cape Byron Marine Park; Solitary Islands Marine Park; Port Stephens Great Lakes Marine Park; Lord Howe Island Marine Park; Jervis Bay Marine Park; Batemans Marine Park. The latter extends from north of Kioloa to south of Mystery Bay.

I discovered this when I applied last year for a private mooring licence in Batemans Bay in an area with no waitlist. I got an email from TfNSW saying they had suspended the process and that "Transport is currently working with the Department of Planning and the Department of Primary Industries to review constraints on mooring access in marine parks and hope this is resolved in the near future."

That was six months ago. I followed up by phone and found the department responsible for marine parks was requiring all proposed installations of private mooring apparatus go through a full development application and approval process including environmental assessment, under their legislation, and involving local council planning approval. TfNSW was disputing this requirement, asserting that under its legislation it was entitled to issue mooring licences and such were not subject to the requirements of the other department's legislation. It was unresolved between the departments, and I was told informally, would likely require Minister to Minister action to resolve. I have worked in government bureaucracies and doubt it will be resolved anytime soon. I suspect the marine parks / planning department is correct, that it can require approvals under its Act for private apparatus, while TfNSW only has autonomy under its Act to put in moorings and other seabed installations for its own purposes.

Anyone else run into this?

EastCoastSail
256 posts
11 May 2024 6:54AM
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I haven't had experience but was your involvement in this trying to get a mooring at Square Head or Boulee Island?

Quixotic
ACT, 106 posts
11 May 2024 9:14AM
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Batemans Bay, not Broulee

Chris 249
NSW, 3419 posts
15 May 2024 10:34AM
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Square Head?

I know it's a personal choice, but in about five years of fairly regular sailing out of Batemans, I think I saw one of the yachts at Square Head go for a sail. I don't know whether it was the access issue or what, but something seemed to stop peoplem with yachts there from taking them out.

Ramona
NSW, 7633 posts
15 May 2024 5:49PM
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It might not just be National Parks. I'm just outside the JB park and the maritime people are making life difficult for some people trying to renew their permits because of seagrass. They have nominated areas they reckon have seagrass and are stopping their use. Naturally, there is no seagrass in the area!

Quixotic
ACT, 106 posts
16 May 2024 11:42AM
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Ramona said..
It might not just be National Parks. I'm just outside the JB park and the maritime people are making life difficult for some people trying to renew their permits because of seagrass. They have nominated areas they reckon have seagrass and are stopping their use. Naturally, there is no seagrass in the area!




The issue I struck is marine parks rather than national parks. The JB marine park is one of several on the NSW coast. It covers 100km of coast line from Kinghorn Point south to Sussex Inlet. See www.dpi.nsw.gov.au/fishing/marine-protected-areas/marine-parks/jervis-bay-marine-park As I understand it, the current state of play is that new private moorings cannot be placed in marine parks without a full development application being made and approved. And because of that Transport for NSW has stopped issuing mooring licences in marine parks until they have agreed handling with the department responsible for marine parks. So far as I am aware existing moorings are not affected, although it may be the relevant department could decide to require them to be removed if they are assessed as a problem for the environment. The general issue with swing moorings is the chain effectively scrapes clear a large area of the seabed as it drags around in a circle. www.dpi.nsw.gov.au/fishing/habitat/threats/traditional-boat-moorings-in-sensitive-habitats When I was looking into this for the mooring licence I applied for in Bateman's Bay, I discovered Transport for NSW is engaged in research with the CSIRO into seagrass friendly moorings. From mid 2023, "twelve environmentally friendly moorings were deployed for a 2-year in-water trial in Port Stephens-Great Lakes Marine Park, Sydney Harbour and Jervis Bay Marine Park." www.marine.nsw.gov.au/knowledge-centre/newsroom/news/2023-news/new-research-to-make-boating-moor-seagrass-safe I also founds there's an outfit in Sydney offering a seagrass friendly system that involves driving a screw pile into the seabed (rather than placing a concrete block), and having the chain suspended above the seabed. seagrassmooring.com.au/mooring-systems Not plugging the outfit, but I was considering including it in my development application when I was still figuring out whether I could get the licence I'd applied for.

This web page makes it pretty clear that new moorings in marine parks face significant hurdles: www.dpi.nsw.gov.au/fishing/marine-protected-areas/installing-or-relocating-moorings-in-nsw-marine-parks

EastCoastSail
256 posts
16 May 2024 2:19PM
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Q
Why not relocate within the Clyde river? While you can't get a mooring at over 10m long there are commercial moorings available at BMBS that I used a while back and they were pretty cheap. I think the 50ft one was around $200 month?

Your drafts not too much for the bar and it would be a whole lot more pleasant in the river than the Square Head with the southerly coming through this weekend.

www.yellowpages.com.au/nsw/batehaven/bay-mooring-barge-service-14701855-listing.html

troubadour
NSW, 327 posts
16 May 2024 5:30PM
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Select to expand quote
Quixotic said..

Ramona said..
It might not just be National Parks. I'm just outside the JB park and the maritime people are making life difficult for some people trying to renew their permits because of seagrass. They have nominated areas they reckon have seagrass and are stopping their use. Naturally, there is no seagrass in the area!





The issue I struck is marine parks rather than national parks. The JB marine park is one of several on the NSW coast. It covers 100km of coast line from Kinghorn Point south to Sussex Inlet. See www.dpi.nsw.gov.au/fishing/marine-protected-areas/marine-parks/jervis-bay-marine-park As I understand it, the current state of play is that new private moorings cannot be placed in marine parks without a full development application being made and approved. And because of that Transport for NSW has stopped issuing mooring licences in marine parks until they have agreed handling with the department responsible for marine parks. So far as I am aware existing moorings are not affected, although it may be the relevant department could decide to require them to be removed if they are assessed as a problem for the environment. The general issue with swing moorings is the chain effectively scrapes clear a large area of the seabed as it drags around in a circle. www.dpi.nsw.gov.au/fishing/habitat/threats/traditional-boat-moorings-in-sensitive-habitats When I was looking into this for the mooring licence I applied for in Bateman's Bay, I discovered Transport for NSW is engaged in research with the CSIRO into seagrass friendly moorings. From mid 2023, "twelve environmentally friendly moorings were deployed for a 2-year in-water trial in Port Stephens-Great Lakes Marine Park, Sydney Harbour and Jervis Bay Marine Park." www.marine.nsw.gov.au/knowledge-centre/newsroom/news/2023-news/new-research-to-make-boating-moor-seagrass-safe I also founds there's an outfit in Sydney offering a seagrass friendly system that involves driving a screw pile into the seabed (rather than placing a concrete block), and having the chain suspended above the seabed. seagrassmooring.com.au/mooring-systems Not plugging the outfit, but I was considering including it in my development application when I was still figuring out whether I could get the licence I'd applied for.

This web page makes it pretty clear that new moorings in marine parks face significant hurdles: www.dpi.nsw.gov.au/fishing/marine-protected-areas/installing-or-relocating-moorings-in-nsw-marine-parks


Ramona will know but I'm pretty sure the screw in type were trialled at Callala Bay in Jervis Bay a few years ago. From memory the base under the sand is clay and they weren't that successful. I have seen some trialled here in Sydney that has spring type shock absorber built into the upright section. As we know the load on moorings isn't vertical. All the ones I saw were broken.

Quixotic
ACT, 106 posts
16 May 2024 8:10PM
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EastCoastSail said..
Q
Why not relocate within the Clyde river? While you can't get a mooring at over 10m long there are commercial moorings available at BMBS that I used a while back and they were pretty cheap. I think the 50ft one was around $200 month?

Your drafts not too much for the bar and it would be a whole lot more pleasant in the river than the Square Head with the southerly coming through this weekend.

www.yellowpages.com.au/nsw/batehaven/bay-mooring-barge-service-14701855-listing.html



Thanks for the suggestion, but I'm currently looking to relocate to Sydney.

niknah
1 posts
16 May 2024 7:53PM
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I found this site useful for looking at the history of moorings in Sydney...
moorings [dot] weezeewig [dot] com

NorthArmCove
1 posts
6 Aug 2024 9:16AM
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In March this year I did some research into Moorings in Port Stephens and wrote to News of The Area (Thomas O'Keefe) and the articles was published 21st March 2023. I also uploaded this on our local community website and have had some feedback.

I was now hoping to spread the word in the wider area especially from owners/businesses selling or buying boats that may not/would not be able to utilise the existing mooring or be successful in securing a new mooring. "All I want to do is move my existing mooringwithin the same area code TS. I have been waiting since August 2023. However, it is now a bigger issue than me and is affecting 119 + applications on the waiting list just in Port Stephens. The main feedback I had was that it was to do with Seagrass and allocation. There are no moorings situated in Seagrass in Port Stephens and we have plenty of room compared to say Lake Macquarie. I have now collected information around Lake Macquarie and I was horrified to see that DPI Marine allow moorings to be placed in Seagrass areas. There are approx 54 on the waiting list. The main difference is that the last 18 mooringswere allocated in 2024 ranging from 3/1/24 - 3/4/24. The last mooring allocated in North Arm Cove was 25/3/2024. I am waiting for a response from Kate Washingtons Office on my latest research. I will try and make contact with the Minister of Transport Hon Jo Haylen MP. However, I was not impressed in the slightest how they responded to my neighbour who have been on the waiting list since April 2023. They bought a large motor boat and now cannot put on a mooring. I will also try and contact DPI Maritime. However, no luck recently by phone message.

ps: could not upload links or photo at this time. If interested let me know

Quixotic
ACT, 106 posts
6 Aug 2024 3:10PM
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Here's the link to the article: www.newsofthearea.com.au/port-stephens-mooring-options-on-waiting-lists

As I understand it, it is not only about seagrass.

Transport for NSW has the right under its legislation to issue private mooring licences.

The Department of Housing, Planning and Infrastructure, and before it the Department of Primary Industries, regulates marine parks under legislation for which it is responsible. The DPI and now DHPI require new private moorings in all marine parks to meet the requirements of a full development application (the sort you would have to lodge through the local council for an onshore building development or a new jetty). This is quite difficult to do, although presumably not impossible. I had done most of a DA for a mooring in Batemans Bay, but had the opportunity to relocate to a mooring in Sydney, which I took up for other reasons, so didn't follow through.

So, as I understand it, provided you lodge a successful development application for your new (or relocated) mooring (through the local council and also accepted by DHPI), there is no basis on which Transport should withhold your private mooring licence, provided there are private mooring licences available in the locality (ie it is not at capacity with a waiting list for that reason).

As I understand it, the standstill since last year is a result of Transport taking the view that its legislation gives it the right to issue private mooring licences, regardless of DHPI's legislation. DHPI doesn't accept that [I'm not a lawyer, but I think DHPI are correct]. So Transport has suspended issuing new private mooring licences in marine parks until the dispute between the departments is resolved. It is Transport's decision to suspend issuing private mooring licences, it is not DHPI's.

When I spoke to a more senior officer in Transport about my situation in Batemans Bay, he said if I could get the DA accepted, then Transport would issue me a mooring licence. But as above, I moved on for other reasons.

jbsc
1 posts
8 Nov 2024 5:53AM
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The Various departments need to pull themselves together and come up with a solution for this. It looks to me like DPI/marine parks is deliberately dragging out the negotiations because in the meantime they are getting what they want. No new moorings and massive headaches for vessel owners discouraging them from enjoying the marine park.

We purchased a business in Jervis bay at the beginning of this year after receiving assurances from transport NSW that there would be no problems transferring the mooring license. I have a recording of the conversation. 9 months later and they wont even accept my application. I'm now dependent on the previous owner to keep the mooring registered, and am being forced to operate from a grey area where we dont own our own mooring. This is more like the petty behavior of a third world government than a developed nation.

MAGNESIUM
169 posts
8 Nov 2024 7:20AM
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jbsc said..
The Various departments need to pull themselves together and come up with a solution for this. It looks to me like DPI/marine parks is deliberately dragging out the negotiations because in the meantime they are getting what they want. No new moorings and massive headaches for vessel owners discouraging them from enjoying the marine park.

We purchased a business in Jervis bay at the beginning of this year after receiving assurances from transport NSW that there would be no problems transferring the mooring license. I have a recording of the conversation. 9 months later and they wont even accept my application. I'm now dependent on the previous owner to keep the mooring registered, and am being forced to operate from a grey area where we dont own our own mooring. This is more like the petty behavior of a third world government than a developed nation.


It has a lot to do with Agenda 2030 but the brain dead have no idea they are being herded into a pen .

woko
NSW, 1626 posts
8 Nov 2024 12:34PM
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Not just national parks, in the Clarence river as vessels are being sold the mooring licences aren't being reallocated. There is native title on the river so perhaps the land council is hanging out for a better deal, and to add insult vessels on anchor waiting for a mooring are being moved on or fined

nswsailor
NSW, 1441 posts
8 Nov 2024 2:37PM
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woko said..
Not just national parks, in the Clarence river as vessels are being sold the mooring licences aren't being reallocated. There is native title on the river so perhaps the land council is hanging out for a better deal, and to add insult vessels on anchor waiting for a mooring are being moved on or fined


Native land claims are the elephant around the corner.
As a citizen of NSW you are not allowed to see these claims and if you apply to do so you have to prove a connection or use of said area being claimed before they will admit there is even a claim.
There is a special NSW gov department that looks for unused areas to claim them for local Land Councils.
Hint: use the DP number in any application through your local MP.

Now how many unapproved land claims are there in NSW = 85,000 PLUS!!!!

woko
NSW, 1626 posts
8 Nov 2024 2:45PM
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Select to expand quote
nswsailor said..

woko said..
Not just national parks, in the Clarence river as vessels are being sold the mooring licences aren't being reallocated. There is native title on the river so perhaps the land council is hanging out for a better deal, and to add insult vessels on anchor waiting for a mooring are being moved on or fined



Native land claims are the elephant around the corner.
As a citizen of NSW you are not allowed to see these claims and if you apply to do so you have to prove a connection or use of said area being claimed before they will admit there is even a claim.
There is a special NSW gov department that looks for unused areas to claim them for local Land Councils.
Hint: use the DP number in any application through your local MP.

Now how many unapproved land claims are there in NSW = 85,000 PLUS!!!!


I don't see native title on the Clarence as a bad thing quite the contrary, it will slow development & associated degradation. Perhaps the slow turn over of moorings is due to a lack of motivation in the maritime department

MAGNESIUM
169 posts
8 Nov 2024 12:05PM
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woko said..

nswsailor said..


woko said..
Not just national parks, in the Clarence river as vessels are being sold the mooring licences aren't being reallocated. There is native title on the river so perhaps the land council is hanging out for a better deal, and to add insult vessels on anchor waiting for a mooring are being moved on or fined




Native land claims are the elephant around the corner.
As a citizen of NSW you are not allowed to see these claims and if you apply to do so you have to prove a connection or use of said area being claimed before they will admit there is even a claim.
There is a special NSW gov department that looks for unused areas to claim them for local Land Councils.
Hint: use the DP number in any application through your local MP.

Now how many unapproved land claims are there in NSW = 85,000 PLUS!!!!



I don't see native title on the Clarence as a bad thing quite the contrary, it will slow development & associated degradation. Perhaps the slow turn over of moorings is due to a lack of motivation in the maritime department


I rest my case.

woko
NSW, 1626 posts
8 Nov 2024 5:28PM
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If you head over to shooting the breeze there's plenty of conspiracy theories going around and as luck has it there is an opening for a new player at present

nswsailor
NSW, 1441 posts
10 Nov 2024 10:04AM
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woko said..
If you head over to shooting the breeze there's plenty of conspiracy theories going around and as luck has it there is an opening for a new player at present


Not necessary for me woko as I have stated from fact on an Aboriginal land claim No DP758603 at 6 Pilot Beach Road, Camden Head. NSW Look it up then apologies!

woko
NSW, 1626 posts
10 Nov 2024 11:22AM
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Select to expand quote
nswsailor said..

woko said..
If you head over to shooting the breeze there's plenty of conspiracy theories going around and as luck has it there is an opening for a new player at present



Not necessary for me woko as I have stated from fact on an Aboriginal land claim No DP758603 at 6 Pilot Beach Road, Camden Head. NSW Look it up then apologies!


I was referring to agenda 2030

Quixotic
ACT, 106 posts
10 Nov 2024 11:54AM
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Current information on what is required for new or relocated moorings in marine parks is at: www.dpi.nsw.gov.au/fishing/marine-protected-areas/installing-or-relocating-moorings-in-nsw-marine-parks

These requirements are administered by the NSW Department of Primary Industries and Regional Development (DPIRD), which has responsibilities under various laws, including the Fisheries Management Act (NSW) and regulations. Not Transport for NSW.

Essentially, as per my post starting this thread, it is still supposedly possible to get a permit for a new or relocated mooring in a marine park. It is a lot more complicated and difficult than it once was, as it requires getting local council development approval in many places (see list on web page at above link), and also approval from the Department of Primary Industries and Regional Development,

And of course you still need a mooring licence from Transport for NSW.

In my experience the local councils are unsure how to deal with development applications for moorings as this is a relatively new requirement which they haven't had to deal with in the past. A planning officer at the Shire of Eurobodalla who I dealt with when I was looking to get a private mooring in Batemans Bay acknowledged that their DA process was set up more for applications related to construction on land, and recommended I hire planning consultants. I wasn't about to do that, and so worked up most of an application on my own. I also liaised with the local DPI rep, who said he'd review my application quickly once it reached that stage. But as per my earlier posting, I ended up relocating my boat to Sydney for other reasons.

In one sense, DPIRD is being open and up front about what they require - hence the web page as per above link.

But in my view it would be a lot clearer for people if Transport for NSW also stated (and linked to) the requirements of DPIRD in respect of marine parks, on its private moorings information pages. If you go to www.nsw.gov.au/driving-boating-and-transport/using-waterways-boating-and-transport-information/mooring-type-licence-and-fees/private-mooring-licence-and-rules the DPIRD requirements in marine parks are not mentioned (as at 10 Nov 2024) on that page. Confusingly, in my view, that page does talk about Reviews of Environmental Factors (REF) which Transport for NSW is required to do, but even the FAQs on those do not mention the DPIRD requirements in marine parks. See www.nsw.gov.au/sites/default/files/noindex/2024-04/moorings-ref-faqs.pdf

So if you just go to the information on moorings in Transport for NSW web pages, which is where most people would go when looking for information on getting or relocating a mooring, you wont find out up front, the extra requirements of DPIRD for marine parks.

I think that makes it difficult for people to easily discover what the NSW government (as a whole) requires for mooring applications in marine parks, across all departments. That lacks transparency and is poor practice, in my view.

nswsailor
NSW, 1441 posts
11 Nov 2024 3:45PM
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Select to expand quote
woko said..


nswsailor said..



woko said..
If you head over to shooting the breeze there's plenty of conspiracy theories going around and as luck has it there is an opening for a new player at present





Not necessary for me woko as I have stated from fact on an Aboriginal land claim No DP758603 at 6 Pilot Beach Road, Camden Head. NSW Look it up then apologies!




I was referring to agenda 2030



Point taken, misread.

folkboater
1 posts
23 Nov 2024 10:23AM
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This is a crime by the state & the marine industry hidden in a grey fog of BS & buckpassing.

Jethrow
NSW, 1252 posts
23 Nov 2024 8:40PM
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Don't beat around the bush @folkboater, tell us what you really think! ;)



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"moorings in marine parks - unresolved between Transport for NSW and Dept of Planning" started by Quixotic