than 7 metres in length that operate in smooth & partially

RELAX HIRE ABN 58 582 606 804

SAFETY

MANAGEMENT SYSTEM

Class 2D & 4D Leisure Craft of less

than 7 metres in length that operate in smooth & partially smooth

waters

Relax Boat Hire – SMS 2D & 4D Operation ABN 58 582 606 804 Version: 1.0 Dated 06 September 2016

Page 2 of 35

CONTENTS Legislative framework 3

Introduction to SMS 3

Safety Management System Plan 4

Owner and vessel information 4

Risk management 5

Owners responsibility and authority statement 5

Hire Agreement Terms & Conditions 5

Emergency Plans 5

Follow up on hazardous occurrences and non-conformances 5

Maintenance of vessels, machinery and equipment 6

Verification, review and evaluation 6

Appendix A – Risk assessment and management 7

Appendix B – Provider standard operating procedures 10

Appendix C – Incident Report and Improvement Form 11

Appendix D – Training Records and Staff Qualifications 12

Appendix E – Nominated skipper’s briefing 13

Appendix F – Nominated skipper competency assessment 15

Appendix G – Hire Agreement 16

Appendix H – Operational limits chart 17

Appendix I – Hirers safe operation manual 18

Appendix J – Inspection/maintenance log and maintenance program 24

Appendix K – Emergency Plans 26

Appendix L – Emergency Response 32

Appendix M - Revisions page 33


Page 3 of 35

1. LEGISLATIVE FRAMEWORK The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the National Law) provides a single national regulatory framework (the National System for Domestic Commercial Vessels) for ensuring the safe operation, design, construction and equipping of domestic commercial vessels (DCVs).

The National Law imposes safety obligations on owners of DCVs to ‘so far as is reasonably practicable’ ensure the safety of their vessels, marine safety equipment that relates to the vessel and the operation of the vessel. DCV owners must implement and maintain a safety management system (SMS) on their vessels to comply with their statutory safety obligations.

WHAT IS A SAFETY MANAGEMENT SYSTEM?

An SMS is the manner in which your company, or you as an individual/sole trader, proactively identify and manage risks and develop a culture of safety in your employees.

The Australian Maritime Safety Authority (AMSA) as the National Regulator in the National System administers the National Law. A documented SMS is the most effective way in which DCV owners can demonstrate that they comply with the SMS requirements of the National Law.

The National Law gives effect to the National Standard for Commercial Vessels (NSCV), which establishes recognised standards for the design, construction, equipping, operation and crewing of DCVs. NSCV Part E identifies the minimum operational requirements for the safe operation of DCVs.

Compliance with NSCV Part E is a separate and additional requirement to the obligation to implement and maintain an SMS.

AMSA as the National Regulator has developed this sample SMS document to help DCV owners meet their obligations under the National Law.

This document is intended to be used as an example only. As a DCV owner, you are best placed to develop an SMS that identifies and manages the risks and hazards associated with your specific vessel and its operations.

2. INTRODUCTION TO SMS This SMS document is for a Class 4D Hire and Drive vessels of less than 7 metres in length that is operated within smooth and partially smooth waters.

An SMS must ensure the safety of your vessel and the operations it is undertaking. Where possible, DCV owners have involved their staff in the development, evaluation and review of the operations safety system whether they take the form of a documented SMS or an equivalent approach that satisfies the requirements under the National Law and NSCV Part F.


Page 4 of 35

3. SAFETY MANAGEMENT SYSTEM PLAN OWNER AND VESSEL INFORMATION

Relax Hire Referred to herein as “Relax Boat Hire” ABN 58 582 606 804 Owner / Operator: Mr Adam Luke Wheeler, 6 Outcrop Rise, Cosgrove QLD 4818 Telephone: 0427 387 348 Email: [email protected]

Vessel Details Vessel Types Polycraft 5.99m Frontier Centre

Console Polycraft 5.99m Frontier Cuddy Cabin

Identifying Marks

40225QD

NSCV Service Category

2D - Smooth & Partially Smooth Waters 4D – Smooth & Partially Smooth Waters Hire/Drive

Max Speed 30 Knots

Vessels 1. Polycraft 5.99m Frontier Centre Console Boat or Cuddy Cab. Poly construction 6 metres LOA 2.5m Beam. Buoyancy and stability per NCSV Part C Section 6B. Maximum persons – 9 (2C) – 6 (4D)

Engine/s 1. 135HP Honda 4 stroke petrol outboard engine

Equipment (each vessel)

• 6 personal flotation devices (PFDs). • One lifebuoy with light • 3 parachute distress flares, 2 red hand flares and 2 orange smoke flare • 2kg (ABE powder) extinguisher • A fire bucket • Automatic bilge pumps • “V” Sheet • 2 Waterproof torches • “F” class first aid kit • Magnetic compass • Anchor and cable • Binoculars • Chart covering the operating area & Laminated area chart • SOP Booklet • Depth sounder & GPS • 1 boat hook & set of oars • 4 x Mooring lines • A stainless steel boarding ladder

Operation Summary

The company maintains an office/base station in Townsville Qld. Vessel operations are in the smooth and partially smooth waters within designated limits surrounding Townsville and the Great Barrier Reef Boats are hired out on a hire and drive basis. Guides are made available in accordance with the safety management system (SMS) document.

mailto:[email protected]


Page 5 of 35

RISK ASSESSMENT

Mr. Adam Wheeler as the owner of Relax Hire has conducted a risk assessment associated with the Hire operation in accordance with the requirements of Part F2 of the National Standard for Commercial Vessels (NSCV). Forms used by the company to assist with the identification, assessment and management of risks are attached at Appendix A.

All risks recorded in the register have been individually assessed and controlled and the process documented. The risk assessment is reviewed annually or as required by hazardous incident exposure occurrences or non-conformance report. Updates will be recorded on the revisions page (Appendix L).

OWNERS RESPONSIBILITY AND AUTHORITY STATEMENT

As owner of the company, Mr Adam Wheeler is responsible for: • Implementing and maintaining the SMS

• Maintaining the vessels and all safety equipment as fit for purpose

• Instructing, training and supervising staff associated with the business

• Ensuring clients are cognisant of boat operation and safety requirements and where necessary

supply qualified masters/guides • Ensuring timely and appropriate responses to requests for assistance from hirers in the event of

machinery or equipment failures and emergency situations. HIRE AGREEMENT TERMS & CONDITIONS

Hire agreements, terms and conditions will vary. In addition to commercial and legal requirements, agreements will formalise and re state important safety practices. (Appendix “G”)

EMERGENCY PLANS

Emergency plans are promulgated (Appendix K) in response to the outcomes of the risk management process and requirements of the National Law. Emergency plans are detailed at the safety briefing and understanding of them is assessed.

FOLLOW UP ON HAZARDOUS OCCURRENCES AND NON-CONFORMANCES

The vessel owner is aware of her responsibility under the National Law to ensure to all marine incidents are reported to the National Regulator in the approved form and within the specified timeframes

The company promotes a safety culture to aid continuous safety management system improvement. The “Incident and Improvement Report Form”, Appendix B is used to record events and corrective actions.

The pre-Hire safety briefing and nominated skipper assessment informs nominated skippers of Incident /accident /defect reporting requirements. (Appendix E)


Page 6 of 35

MAINTENANCE OF VESSELS, MACHINERY AND EQUIPMENT

The company has an established “Inspection and Maintenance Schedule”. (Appendix J) It outlines regular service and maintenance regimes. Post hire inspections and review of report forms identify any unscheduled maintenance that may be needed. The “Incident and Improvement Report Form” at Appendix B is used to record the relevant details and corrective action.

VERIFICATION, REVIEW AND EVALUATION

The vessel owner reviews the SMS and risk management process in accordance with the following: • Scheduled annual review of both the SMS and risk management process with details recorded in

the “Risk and SMS Document Review and Revision Form” at Appendix L. • Unscheduled review of both the SMS and risk management process via feedback received

from briefers, guides, hirers, nominated skippers and other participants via the “Incident and Improvement Report Form” at Appendix B.


Page 7 of 35

APPENDIX A - RISK ASSESSMENT AND MANAGEMENT

LIKELIHOOD TABLE

Category Explanation

Almost certain/frequent It is expected to occur in most circumstances, or often in the life of a vessel operation.

Likely Probably occur, but unlikely to occur often.

Possible Might occur at some time, unlikely to occur to every vessel but may occur to a few.

Unlikely/Remote Unlikely to occur but is possible.

Rare/improbable So extremely remote that it is not considered as possible unless exceptional circumstances exist.

CONSEQUENCE TABLE

Category Human injury Financial cost Work – income / reputation Environment

Catastrophic

Multiple fatalities Loss of vessel / Total

loss of income Operations halted / Reputation severely damaged

Extensive environmental damage

Major Fatality Extensive financial loss

Major disruption to operations

Major environmental damage

Moderate

Disabling injury requires medical treatment

Significant financial loss

Significant disruption to operations

Significant environmental damage

Minor

First aid treatment — minor cuts bruises or abrasions

Notable financial loss Minor disruption to

operations Minor environmental damage

Insignificant

No injuries Negligible financial

loss No adverse effect on operations

Negligible environmental damage

AMSA – IMPORTANT NOTICE The following guidance material has been prepared to assist vessel owners, masters and crew to better understand the risk assessment and management provisions of NSCV Part F2 and the Act.

The intent is to present sample guidance material and some worked examples that explain and express important aspects of the risk management methodology in a user friendly manner based around a hypothetical vessel operation. The guidance material is not an exhaustive representation of matters that need to be considered for compliance with NSCV Part F2 and the Act.

Importantly, for any risk assessment and management process to be effective within the context of commercial vessel operations, it must be personalised to the particular operation. Vessel owners have a responsibility to implement and maintain a safety management system that ensures that the vessel and the operations of the vessel are, so far as is reasonable practicable, safe.

AS/NZS ISO 31000:2009 has been used as guidance to establish the following tables that assist with the identification, assessment and control of risks associated with this hypothetical charter boat operation.


Page 8 of 35

LIKELIHOOD AND CONSEQUENCE - MATRIX

Ref. ISO 31000 Consequences

Likelihood Insignificant Minor Moderate Major Catastrophic

Almost Certain

Moderate

High

Extreme

Extreme

Extreme

Likely

Moderate

High

High

Extreme

Extreme

Possible

Low

Moderate

High

Extreme

Extreme

Unlikely

Low

Low

Moderate

High

Extreme

Rare

Low

Low

Moderate

Moderate

High

RISK TREATMENT/CONTROL RATING

The vessel owner has applied the following methodology to assist with determinations regarding the sufficiency of the risk treatment and control measures:

Risk Treatment Method Risk Treatment Rating

1. Eliminate hazard/risk ( E ) Effective

2. Isolate hazard/risk or apply re-engineer or re-design solution ( A ) Appropriate

3. Introduce administrative solution – (Staff training, Personal Protective Equipment, Cautionary Signage) ( W ) Weak

Page 9

Risk Likelihood (without controls)

Consequence (without controls)

Risk Rating

Controls Control Effectiveness E = Effective A = Appropriate W = Weak

Likelihood Consequence Risk Rating

Controls Applied

Adverse weather conditions (capsize/ flooding)

Possible Catastrophic Extreme • Safety briefing • Hire agreement • User competency

assessment • Emergency plan • Hire operations confined to

partially smooth water limits

Appropriate Unlikely Catastrophic Extreme Yes

Collision with another vessel

Possible Catastrophic Extreme • Safety briefing • Hire agreement • User competency

assessment • Emergency plan

Appropriate Unlikely Catastrophic Extreme Yes

Person Overboard

Possible Major Extreme • User safety briefing • User competency


Appropriate Unlikely Major High Yes

Unsafe Operation

Possible Major Extreme • User safety briefing • User competency


Appropriate Unlikely Major High Yes

Collision with known (fixed) navigation hazards

Possible Catastrophic Extreme • Safety briefing • Hire agreement • Chart that clearly defines the

vessel operating area • hazards within the

operating area are identified on the chart

Adequate Unlikely Major High Yes

Consumption of alcohol by nominated skipper

Possible Major High • Safety Briefing • Hire agreement • Random testing by Water

Police • Voiding of Insurance

Appropriate Unlikely Major Moderate Yes

Risk R

egister


Page 10 of 35

APPENDIX B - STANDARD OPERATING PROCEDURES Standard procedures have been developed in response the risk assessment process to provide for the safe operation of the hire boats.

1. BRIEFERS AND GUIDES

Briefers and guides employed to assist company operations must be at least 18 years old, possess a recreational marine licence and have at least a minimum of 1 years’ experience.

Appendix C, “Staff Qualifications and Training” is used to record details of briefer and guide qualifications and experience.

2. PRE-HIRE SAFETY BRIEFING

A safety briefing to hirers prior to vessel handover is mandatory. This briefing covers all matters listed in the table at Appendix D. This may be provided by means of e-Learning Management Systems. If provided via e-LMS a certificate of completion will be provided.

3. HOURS OF OPERATION

Hire boats only to be navigated between sunrise and one hour before sunset. The nominated skipper or guide is responsible for ensuring the boat is moored at a specified safe anchorage outside these times.

4. SAFE ANCHORAGES

Safe anchorage locations are areas within the operating area boundaries that are deemed suitable by the nominated skipper with consideration of weather conditions.

5. COMMUNICATIONS

Vessels are equipped with VHF radios. Nominated skippers must adhere to communication requirements. Communication protocols are explained at the safety briefing.

6. CONSUMPTION OF ALCOHOL

Nominated skippers and persons in charge of a vessel at any time while underway must comply with must comply with State law regarding blood alcohol levels. (i.e – less that .05%)

7. NOMINATED SKIPPER COMPETENCY ASSESSMENT

Nominated skipper/s must hold a current recreational boat licence and satisfactorily complete the competency assessment at Appendix E. This may be provided by means of e-Learning Management Systems. If provided via e-LMS a certificate of completion will be provided.

The company can provide guides in the following circumstances: • Upon request from the hirer as part of the Hire agreement; or • As a requirement where a hirer or participant is unable to demonstrate the required competency to

safely operate boat. • Any cost of a guide will be an additional cost to the hirer.

8. EMERGENCY RESPONSE

A response protocol to report an emergency situation is outlined is Appendix M.


Page 11 of 35

APPENDIX C - INCIDENT REPORT AND IMPROVEMENT FORM

RELAX HIRE - INCIDENT AND IMPROVEMENT REPORT FORM

VESSEL DETAILS

Vessel Name: Unique Identifier:

Incident/Improvement Type

Personal Injury

Damage to Vessel

Machinery or

Equipment Failure

Customer Complaint

Improvement Opportunity

Operating Area Qtrly

Review

Post Hire Inspection

Other

Details

Please use the other side of the form to add any additional information.

Name: Signature: Date: / /

Hire Boat Provider Follow Up

Details of Corrective Action Taken

Attach copies of relevant documents where applicable

Review of Risk Register and SMS Documentation

Review/update Risk Register

Yes No

Review/update SMS

Yes No

Name:

Signature:

Date: / /


Page 12 of 35

APPENDIX D - TRAINING RECORDS AND STAFF QUALIFICATIONS

RELAX HIRE STAFF QUALIFICATIONS AND TRAINING - BRIEFER/GUIDE

Staff Members Name:

Address: Telephone:

Mobile:

Date of commencement of employment: Date: / /

Role/s: Briefer Guide Both

Qualifications:

Experience: Has provided proof of a Recreational Marine Licence Yes

Observe (10) Safety Briefings

No Date Supervisors Name No Date Supervisors Name

1 6

2 7

3 8

4 9

5 10

Deliver Five Safety Briefings and Guide Practical Experience under Supervision

Safety Briefings Delivered Acted as Guide

No Date Supervisors Name No Date Supervisors Name

1 6

2 7

3 8

4 9

5 10

Vessel Owner and Staff Member Sign Off

Vessel Owner Name: Signature: Date: / /

Staff Member Name: Signature: Date: / /


Page 13 of 35

APPENDIX E - NOMINATED SKIPPER’S BRIEFING

RELAX HIRE PRE-HIRE SAFETY BRIEFING

Item Safety Matters Completed

1 The nominated skipper is responsible for the safe operation of the hire boat at all times.

2 The nominated skipper is to ensure the Hire boat is operated in accordance with requirements in the Safe Operation Manual provided.

3 The nominated skipper must operate the Hire boat within the limits of the hire area at all times.

4

The nominated skipper is to ensure the Hire boat remains within a specified safe anchorage or immediately proceeds to the nearest specified safe anchorage if winds speeds in the operating area exceed 25 knots.

5 The nominated skipper must operate the Hire boat at a safe speed that is appropriate to the conditions encountered.

6

The nominated skipper must pass other vessels and identified navigation hazards at a safe distance to avoid the risk of a close-quarters situation. This is of particular importance when the Hire boat is under way.

7 There are navigational hazards within the Hire boat geographical operational area. Please refer to the onboard GPS mapping system which will indicate shallow waters, rocks, reefs and other navigational hazards. Please ensure you are familiar with the current tide times for the area that you will be operating within.

8

The life jackets and other safety equipment aboard are provided for everyone’s personal safety, the nominated skipper is to ensure they are treated accordingly.

9 The nominated skipper is to ensure the Hire boat stays clear of other vessels while underway and remember that operators of passive craft (surf skis, sail boards etc) and vessels under sail have right of way over powered craft.

10

The nominated skipper must take timely and appropriate measures at all times to help avoid an accident regardless of the circumstances or who has right of way.

11

The nominated skipper is to proceed at a safe speed and maintain a safe distance from other vessels or persons in the water at all times when navigating the vessel in confined waters or narrow channels.

12

The nominated skipper is advised of his/her responsibility under marine safety law to formally report any marine incident. In addition, the nominated skipper must make radio contact with the base station at the earliest opportunity in the event that a participant sustains an injury or the Hire boat suffers a mechanical failure or is involved in an incident, accident or emergency situation.

13

The nominated skipper must contact the base station at the earliest opportunity if the Hire boat is unable to be returned at the specified time as per the Hire agreement.

14

Emergency plans have been provided for a safe and coordinated response in the unlikely event of an emergency situation. (Appendix K) The nominated skipper is responsible for managing any emergency situation and maintaining communications with the base station during the event. Other persons must follow the directions of the nominated skipper in an emergency situation.


Page 14 of 35


Item Safety Matters Completed

15

A life jacket is provided for each person on board and these are located in the nominated storage compartment indicated by signage on each vessel. Lifejacket instructions and photographs are available in “Safe Operations Manual” of the Hire boat and you should familiarise yourself with it.

16

It is a condition that all persons under the age of 12 years must be directly supervised by an adult at all times. In addition all person under the age of 12 years must wear a PFD Type 1 at all times while the Hire boat is underway. The nominated skipper is responsible for ensuring PFDs are worn in accordance with this requirement.

17

The nominated skipper and participants have completed a vessel familiarisation to point out the location of: • The vessels lifesaving, firefighting and other safety equipment; and • The Hire boat’s “Safe Operation Manual”; • Other safety information displayed throughout the vessel.


Page 15 of 35

APPENDIX F - NOMINATED SKIPPER COMPETENCY ASSESSMENT


Item

Assessment Criteria

Satisfactory

Yes No

1 The nominated skipper has provided a copy of a current recreational marine licence.

2

The nominated skipper understands his/her obligation to confine the Hire boats operation to within the geographical boundaries shown on the provided chart

3

The nominated skipper understands the correct use of the VHF radio and can use the VHF in the following circumstances: • Calls for assistance in the event of an equipment or machinery failure; • Emergency situations

4 The nominated skipper understands the correct start-up and shut-down procedure for the Hire boats main engine

5 The nominated skipper understands the safety reasons for anchoring the vessel prior to sunset on each day

6 The nominated skipper has sufficient knowledge of the Hire boats lifesaving, firefighting and other safety equipment and the ability to quickly access relevant information via information displayed throughout the Hire boat and within its safe operation manual

7

The nominated skipper has sufficient knowledge of the emergency plans and the ability to quickly reference this information in the Hire boats safe operation manual

8 The nominated skipper understands his obligation to report any incidents, accidents or emergency situations


Page 16 of 35

APPENDIX G - HIRE AGREEMENT

RELAX BOAT HIRE AGREEMENT TERMS & CONDITIONS

Hire Details

Point of Departure: Departure Date: Depart Time:

Return Date: Return Time:

Vessel: Licenced for max persons:

HIRER DETAILS

Surname: Given Name (s)

Address:

Postcode:

Mobile: Email:

Drivers / Boat Licence Number: Expiry Date:

Local address: Vehicle Rego:

DETAILS OF NOMINATED SKIPPER (if not the Hirer)

Surname: Given Name (s)

Address:

Postcode:

Mobile: Email:

Drivers / Boat Licence Number: Expiry Date:

Local Address: Vehicle Rego:

EMERGENCY CONTACT

Name: Mobile:

HIRER AND OR NOMINATED SKIPPER DECLARATION

I, As hirer and nominated skipper

(insert name) or (complete whichever applies)

I, As hirer and I nominated skipper

(insert name) (insert name)

Have read the Relax Boat Hire “Agreement Terms & Conditions” and agree to abide by them. Please sign whichever applies: Hirer and nominated skipper signature:

Hirer signature: Nominated skipper signature:

Date:


Page 17 of 35

EQUIPMENT HIRE

Crab Pots Hire Cost:

Fishing Rods & Reels Hire Cost:

Other: TOTAL:

HIRE FEES & PAYMENT

Hire Cost: Equipment Hire: Bond:

Other: Authorisation Code:

TOTAL: Bond Refunded:

If credit card preauthorization is used it can take up to 3-5 working days for banks to process your refund. PAYMENT METHOD CASH CREDIT CARD DIRECT DEPOSIT ONLINE OTHER Credit Card Details I authorise RELAX BOAT HIRE to debit my Credit card in the amount of

Cardholder’s Name* (please print name in capital letters)

Credit Card Number - - -

Credit Card Expiry Date* Card Holder’s Signature* Date*

-

CCV*

Fields marked with an * are mandatory and must be completed.

HIRE AGREEMENT TERMS & CONDITIONS

Terms & Conditions

The Hirer or nominated skipper agrees:

1. The vessel will only be operated between sunrise and sunset 2. The vessel will only be operated in areas specified in the Operations Manual 3. Vessels must be controlled at all times by the holder of a current, valid boat licence 4. All QLD and other Australian State Marine Licensing rules apply where appropriate

The Hirer will:

1. Pay all charges as set out overleaf together with all other charges which may be levied or made pursuant to the conditions hereof

2. Not drive the vessel nor allow other hirers/nominated skipper to drive the vessel whilst under the influence of alcohol or drugs, or with blood alcohol content in excess of any statutory limit

3. Not allow any other person to control the vessel unless listed on the hire agreement 4. The Hirer is responsible for all occupants and their actions. 5. Report any accident to the nearest police station and RELAX BOAT HIRE immediately 6. Not operate the vessel outside the designated areas of operation

$


Page 18 of 35

The Hirer is aware that:

1. Accidental damage insurance only covers the loss and damage to the vessel during the period of hire and does not cover the loss or damage

a. to personal items b. due to negligence or criminal action by the hirer c. resulting from overloading, speeding, overheating, seizure or misuse of the vessel d. when the vessel is overdue for return e. arising from more than one accident or event; and f. If at any time the driver of the vessel is not an authorised person under this hire contract g. operating the vessel outside the designated areas of operation

2. Accidental damage does not cover the first $1000 of damage, which will be the hirer’s responsibility. Security bond of $1000 will be required prior to departure. The bond will be refunded so long as no damage occurred to the boat during the hire period and the boat is returned clean. Where damages occur that are covered by insurance, charges of up to $1000 may apply.

3. The Hirer agrees to pay RELAX BOAT HIRE the cost of repair or replacement of any loss or damage,

howsoever caused, which is not covered by insurance, due to any breach by the hirer.

4. RELAX BOAT HIRE shall not be responsible for any fines incurred or any breaches of state regulations in respect to the vessel whilst it is under the control or custody of the Hirer, or during the continuance of the term of the hire.

5. The Hirer is to abide by all Maritime Authority, Marine & Environmental Legislation including fishing zones

and licences where applicable.

6. The Hirer acknowledges and accepts that the use and operation of the vessel, including for the purposes of water skiing, swimming, towing and other activities, is subject to inherent risks and dangers. The Hirer accepts those risks and agrees to indemnify RELAX BOAT HIRE for any losses suffered by the Hirer, any passengers or any third parties as a result of the materialisation of those risks and dangers. The Hirer also undertakes to advise all passengers of the risks and dangers associated with the use and operation of the vessel prior to boarding.

7. The Hirer acknowledges and understands all safety material and briefings that have been presented.

RELAX BOAT HIRE hereby expressly negates all warranties, conditions or representations expressed or implied in respect of the fitness, quality or state of repair of the vessel hired and is under no liability in this respect whether for negligence or otherwise. No condition or provision of this agreement shall be deemed waived or excluded unless it is expressly stipulated to be so waived or excluded in writing by RELAX BOAT HIRE. No person under the age of 18 may be the principal Hirer. The hirer will be given clear & concise instructions on:

1. Correct & safe handling and navigation of the vessel 2. Correct & safe operation of machinery and the fuel system 3. Stowage and use of life saving apparatus 4. Location & use of the fire extinguisher 5. Limits of operation


Page 19 of 35

DEPOSIT A deposit of 50% of the total hire cost is payable when you make your booking. Bookings will not be confirmed until deposit is paid. Payment methods available are cash, bank transfer, credit card and PayPal. PAYMENT Full payment of the hire (less deposit) including the bond must be paid and received prior to the booking date and collection of the boat. If you wish to pay cash we need to make arrangements prior to the booking date. If making payment via bank transfers please allow 2-3 days for funds to clear. SECURITY & DAMAGE BOND A bond of $1000 per vessel is required for the duration of the hire. The bond covers the insurance premium in the event of any damage to the vessel or trailer. Bond payment is preferably paid via credit card. The bond is returned at the completion of the hire when the boat and trailer are returned on time and undamaged and no missing equipment. If credit card preauthorization is used it can take up to 3-5 working days for banks to process your refund. CLEANING The boat is expected to be returned clean and tidy. Please ensure you remove your personal belongings and rubbish. We ask that you wash off any bait, blood, fish guts, mud etc. You do not need to give the boat a full wash or run/flush the engine. A cleaning fee of $55 will be charged on all vessels that are returned in an unclean condition. FUEL All vessels are to be returned refueled to a full tank. However this can be done by RELAX BOAT HIRE at a fixed rate of $2.00 per litre which can be deducted from your bond. Boats must be refueled with PREMIUM fuel. If E10 or unsuitable fuel, tank draining and cleaning fees will be charged. CANCELLATIONS If an unforeseen event occurs and you need to cancel you need to provide us with notice. Generally we will hold your deposit and transfer your booking to another date. If you require a refund of your deposit the following notice is required;

• Cancel 48 hours prior to booking and we will refund the full deposit. • Cancel between 48-24 hours prior to booking and we will refund 50% of your deposit. • Cancel with less than 24 hours prior to booking and your deposit is not refundable.

BAD WEATHER POLICY We won't let you go out on the water if the conditions are unsafe or if a severe weather event occurs (e.g. Cyclone). We will monitor the conditions and notify if unsafe. Rain alone is not considered bad weather. Winds below 25 knots as per BOM are not considered bad weather, however combinations of winds and wave heights may be considered unsafe. In the event your hire is cancelled;

• Generally, we will hold your deposit and transfer your booking to another date. • Refunds will be offered

We recommend you take out your own travel insurance cover if you are at all concerned. The hirer acknowledges that he/she has read the above conditions and is conversant with the terms thereof and fully understands the effect on the hirer of these conditions. Hirers Name:

Hirers Signature:

Date:

Notes:


Page 20 of 35

APPENDIX H - OPERATIONAL LIMITS CHART


Page 21 of 35


Page 22 of 35

APPENDIX I - HIRERS SAFE OPERATION MANUAL

1. INTRODUCTION

Relax Boat Hire welcomes you aboard and wish you the experience of a lifetime boating in the waters of Townsville, Great Barrier Reef Region and neighbouring safe havens.

2. SAFE OPERATION MANUAL

PURPOSE OF THE SAFE OPERATION MANUAL

Your safety is paramount and Safe Operation Manual serves to:

• Familiarise clients with the boat and its various safety features; and

• Provide important information to the nominated skipper to assist him or her to operate the boat safely and in accordance with the Hire Agreement.

3. HIRE OPERATING AREA

LIMITS OF THE HIRE OPERATING AREA For the purpose of this SMS and Relax Hire the operating area and geographical boundaries/limits of operation are defined in the chart on the last page of this manual or Appendix H. A laminated/framed copy of the chart provided on each boat.

It is the nominated skipper’s responsibility to ensure the operation of the hire boat is at all times confined to the waters that fall within the boundaries/limits of operation. If uncertain of the Hire boat’s position relative to these limits of operation make immediate contact with the base station to seek further clarification.

HIRE BOAT OPERATIONS

The nominated skipper is to ensure the hire boat is only navigated between sunrise and one hour before sunset. Mooring or anchoring must be within a safe anchorage.

NOMINATED SKIPPERS AND PERSONS IN CHARGE

Nominated skippers and persons in charge of a vessel at any time while underway must comply with must comply with State law regarding blood alcohol levels. (i.e – less that .05%)


Page 23 of 35

4. COMMUNICATION PROTOCOLS

ROUTINE COMMUNICATIONS

The boat is fitted with a VHF radio for communications between the vessels and the coast guard in emergencies. The radio is located in the console and a laminated instruction sheet is provided.

COMMUNICATIONS IN EMERGENCY SITUATIONS

The nominated skipper must as soon as practicable to immediately inform the base station and coast guard by mobile or VHF radio Ch 16 in the event of any of the following situations:

• Any emergency situation as defined under the Emergency Plans section of this manual; and

• Any other incident, accident or circumstance that presents a threat to the safety of the vessel or those aboard.

DIRECT COMMUNICATIONS WITH EMERGENCY RESPONSE AGENCIES

The nominated skipper may use the VHF radio to liaise directly with emergency response agencies in accordance with the Emergency Plans section of this manual. The use of the radio in this way is confined to the following situations:

• The nature of the emergency warrants immediate communication with emergency response agencies to ensure the safety and well-being of those aboard.

• If circumstances allow it, the base station is also contacted to alert the company to the situation.

5. MONITORING OF HIRE BOAT MOVEMENTS

HIRE BOAT GLOBAL POSITIONING SYSTEM (GPS)

The company monitors its Hire boats with a GPS tracking system. This allows quick location of vessels in an emergency situation to ensure a timely response.

6. VESSEL SAFETY EQUIPMENT

LOCATION

The physical location of the safety equipment and location diagram is addressed with hirer during the safety briefing. The above information is also detailed at Appendix I.

The nominated skipper and other persons aboard are to familiarise themselves with this information and the correct use/application of the safety equipment.

LIFEJACKETS

The Hire boat is accommodates up to 6 persons and is equipped with 6 personal flotation devices (PFDs). These are located in nominated storage compartments indicated with signage.

The lifejacket donning instructions can be found on each jacket and included in the “Safe Operations Manual”


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LIFEBUOY

The Hire boat is equipped with a lifebuoy with a light. This equipment is only to be used in emergency situations to assist with the recovery of a person from the water or help a person to remain afloat in any other emergency situation while awaiting assistance/recovery.

FLARES

The Hire boat is equipped with 3 parachute distress flares, 2 red hand flares and 1 orange smoke flare which are stored in the watertight container in the nominated storage compartment indicated with signage.

PORTABLE FIRE EXTINGUISHERS

The Hire boat is equipped with the following portable fire extinguishers:

• A 2kg (ABE powder) extinguisher is located on the main operating console of the vessel. BILGE PUMP

The Hire boat is fitted with 2 manual bilge pumps with high discharge capacity of 4.5kL/h. The pump provides for the evacuation of water from all watertight compartments.

Float switches attached to these submersible pumps provide for their automatic operation. V SHEET AND WATERPROOF TORCH

A V Sheet and 2 waterproof torches are provided and they are located with the flares. BOARDING LADDER

A stainless steel boarding ladder is installed on the stern of the Hire boat. The boarding ladder entry and exit the water safely.

FIRST AID KIT

A scale F first aid kit is located in the nominated area on each vessel. The use of the first aid kit is confined to the treatment of minor cuts, burns, abrasions, or insect bites. Any injury or illness of a more serious nature is to be immediately reported in accordance with the medical emergency plan detailed in this manual.

COMPASS

The Hire boat is fitted with a magnetic compass, which can be used for navigation in an emergency.


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OTHER MISCELLANEOUS EQUIPMENT

The Hire boat is equipped with the following equipment:

• Anchor and cable

• Binoculars

• Signaling mirror

• Two waterproof torches

• Chart covering the Hire boat operating area

• Clock

• GPS & Depth sounder

• One boat hook

• 2 Fenders

• Mooring lines 7. MAIN PROPULSION MACHINERY

INTRODUCTION

The Hire boats are fitted with a Honda 4 Stroke petrol engine. They are serviced and maintained in accordance with the manufacturer’s recommendations. The main engine has been checked and tested prior to your departure.

An engine manual is onboard the boat for reference. It contains instructions for the start-up and shut down of the main engine. In the event that an engine failure occurs or a visual/audible alarm is activated at the console the nominated skipper is to contact the base station or coast guard.

ROUTINE MONITORING OF THE CONSOLE AND REPORTING OF FAULTS

The engine console is situated in the console of the vessel near the skippers driving position and is clearly visible from this position.

The nominated skipper should regularly monitor the alarms displayed at the console during engine operation. Should an alarm activate at any time during the course of the Hire the nominated skipper is to:

• Immediately contact the base station using mobile or VHF radio to inform it of the situation.

• Follow all instructions received from the base station. 8. EMERGENCY POWER SUPPLY

Hire boats are equipped with an emergency power installation capable of powering essential safety systems for a period of three hours. This includes the following:

• Communications equipment

• Electronic navigational aids, navigation lights and sound signals

• Emergency lighting


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• Submersible bilge pumps The emergency electrical installation is powered by a separate battery and a change-over switch is located on the main console.

9. GARBAGE/REFUSE

No garbage or refuse is to be discharged overboard. It must be disposed of in bins supplied at the boat ramps or at Relax Hire base on completion of the Hire.

10. PETS

Pets are allowed on board the boat during the hire. The nominated skipper and owners of pet/s aboard are responsible for the safety and welfare of pet/s onboard including in an emergency situation. A lifejacket for pets are not provided onboard. Prior arrangements with Relax Hire can be made to provide a pet lifejacket. 11. MARINE STINGERS & CROCODILES

MARINE STINGERS Queensland is home to several species of dangerous tropical marine stingers, including the box jellyfish and the Irukandji. Marine stingers are present in tropical Queensland waters all year round but the risk is higher during the marine stinger season (November–May). Sting prevention

• Always swim at patrolled beaches, between the red-and-yellow flags • Look for and obey safety signs • Don't enter the water when beaches are closed • Ask lifesavers for help and advice if you need it • Don't touch marine stingers washed up on the beach, they can still sting you • Swim in the stinger nets where provided • Consider wearing a full-body lycra suit to protect against marine stings. Sting treatment If stung, dial Triple Zero 000 and ask for an ambulance. While waiting for the ambulance, pour vinegar onto the sting and administer oxygen or CPR if required. Symptoms of Irukandji stings may take 20–40 minutes to develop—if in doubt, seek medical aid. CROCODILES Crocodiles live in fresh and salt water in northern Queensland. Swim only in designated safe swimming areas. Even if there is no warning sign, there may still be crocodiles. Safety tips when in crocodile-inhabited areas: • obey all crocodile warning signs • always keep a watch for crocodiles • never provoke, harass or interfere with crocodiles, even small ones • never feed crocodiles—it is illegal and dangerous • be extra careful around water at night and during the breeding season (September–April) • stay away from the water's edge.


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APPENDIX J - INSPECTION/MAINTENANCE LOG AND MAINTENANCE PROGRAM

RELAX HIRE INSPECTION AND MAINTENANCE SCHEDULE

Vessel ID: Date/Time: Provider Initials:

SCHEDULED INSPECTION

DESCRIPTION

STATUS

COMMENTS

PR

E - H

IRE

INSP

ECTI

ON

Lifesaving equipment Fire appliances Miscellaneous safety equipment

Radio communications equipment

Navigation lights Compass Steering gear Main engine Bilge pump Fuel tanks and system Electrical system

Anchor & Rope Hatches and closing devices

Bungs Batteries & Isolators other

TR

AIL

ER

PR

E - H

IRE

Tyre Pressure & Condition

Indicators, parking & tail Lights

Hitch assembly Winch & Strap D Shackles & Chains


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RELAX HIRE INSPECTION AND MAINTENANCE SCHEDULE

Vessel ID: Date/Time: Provider Initials: SCHEDULED INSECTION DESCRIPTION STATUS

COMMENTS

A

NN

UA

L IN

SPEC

TIO

N Trailer Wheel Bearings

Engine Service Batteries

Electronics Communications Fuel Systems Other

SUR

VEY

INSP

ECTI

ON

As per Survey Requirement for vessel

Other


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APPENDIX K - EMERGENCY PLANS

RELAX HIRE – EMERGENCY PLANS

FIRE IN THE BOAT OR ENGINE • Raise alarm SHOUT “FIRE, FIRE. FIRE” • Stop main engine • Quickly assess situation, if safe to do so use the fire bucket or portable fire extinguisher to extinguish • Nominated skipper to instruct passengers to locate their lifejackets • Use VHF radio to alert base station and other vessels • Render first aid if required • Instruct those aboard to don their life jackets • Prepare to evacuate vessel if fire cannot be contained • Use VHF radio to issue a mayday and abandon vessel

COLLISION

• If vessel is under power, immediately put engine in neutral • Check for injuries or damage • If safe to do so take measures to control any flooding • Render first aid to any persons injured • Use VHF radio to alert base station and other vessels • If another vessel is involved render assistance if able to do so • If flooding cannot be controlled have passengers don their lifejackets and proceed to the safest assembly

area • Prepare to evacuate the vessel • Use VHF radio to issue mayday and abandon the vessel if required

PERSON OVERBOARD


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Persons on-board • Raise alarm SHOUT “MAN OVERBOARD” • If vessel is under power, immediately put engine in neutral • Maintain visual contact with the person in the water • Use VHF radio to alert base station and other vessels • Slowly manoeuvre vessel to provide for recovery of person in the water and stop main engine • Secure the lifebuoy line to a strong point on the vessel and throw lifebuoy to person in the water • Assist person back aboard via the ladder at the stern of the boat • Render first aid as necessary • Use VHF radio to update base station and other vessels • Initiate medical emergency plan if necessary Person in the water • Raise alarm SHOUT “MAN OVERBOARD” and continue to do so • If you’re wearing a lifejacket – use whistle on lifejacket to attract attention • Stay calm and relaxed • Do not board the vessel if the main engine is operating

Relax Boat Hire – Emergency Plans

GROUNDING • Check for injuries or damage • If safe to do so take measures to control any flooding • Render first aid to any persons injured • Use VHF radio to alert base station and other vessels • If possible and safe to do so take vessel to the nearest specified safe anchorage or alternate safe haven • If flooding cannot be controlled have passengers don their lifejackets and proceed to the safest assembly

area • Prepare to evacuate the vessel • Use VHF radio to issue mayday and abandon the vessel if required

ADVERSE WEATHER • Have all non-essential passengers proceed to a safe location on the boat • Secure all weather tight hatches (if any) • Proceed to the nearest safe anchorage or safe haven. • Use the VHF radio to inform the base station of: the situation; your current location; and intentions • Instruct those aboard to don their life jackets • Use VHF radio to maintain communications with the base station • Use VHF radio to issue call for emergency assistance if the need arises

MEDICAL EMERGENCY • Render first aid using First Aid Kit as appropriate • Reassure casualty and keep them calm • Use VHF radio to inform the base station of the situation and your current location • Use VHF radio to alert the base station and emergency response agencies if a MediVac is required • Continually monitor condition of the casualty and use radio to maintain communications with the base

station and emergency response agencies


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ABANDON VESSEL • Use VHF radio to issue MAYDAY and provide details of your situation and current location • If possible and safe to do so use VHF Radio to alert the base station and provide details of your situation

and current location • Instruct passengers to locate and don their lifejackets • Instruct passengers to proceed to the safest assembly point • Confirm all passengers are present and accounted for • If possible reissue MAYDAY on the VHF radio and abandon vessel • Confirm everyone has abandoned the boat • Remain close by the Hire boat while it is safe to do so • If necessary proceed to the nearest specified safe anchorage or alternate safe haven


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IMPORTANT PASSENGER SAFETY INFORMATION How to put on your life jacket

1. Pull the lifejacket over your head

2. Connect hook and loop fastener

3. Fasten the buckle and tighten the waist belt

4. If required to enter the water, position your hands firmly on the lifejacket about your chest to hold the life jacket in place on entry.


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APPENDIX L - EMERGENCY RESPONSE

RELAX HIRE EMERGENCY RESPONSE PROTOCOLS

Incident Actions

On Board Guides Base Station

ABANDON VESSEL PERSON OVERBOARD MEDICAL EMERGENCY

Take charge. Manage incident

Locate vessel using GPS Tracking system. Notify Coast Guard Ch: 16 VHF and Water Police “000” for emergency response as required. Notify Relax Hire Office - Log information and actions.

COLLISION/ GROUNDING


Locate vessel using GPS Tracking system Assess damage/injury. Notify Coast Guard Ch: 16 VHF and Water Police “000” if necessary. Notify Relax Hire Office -Log information and actions.

FIRE IN ENGINE COMPARTMENT FIRE IN THE GALLEY


Locate vessel using GPS Tracking system. Assess information/damage Notify Coast Guard Ch: 16 VHF and Ambulance “000” for emergency response as required. Notify Relax Hire Office -Log information and actions.

ADVERSE WEATHER


Locate vessel using GPS Tracking system. Assess situation.

Notify Coast Guard Ch: 16 - Log information and actions. Notify Relax Hire Office -Log information and actions.

In all cases an internal incident report is to be submitted. If a “reportable incident” Marine Authority to be advised.


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APPENDIX M - REVISIONS PAGE

RELAX HIRE RISK AND SMS DOCUMENT REVIEW AND REVISION

Date Summary of Changes Name/Initials

RELAX HIRE SAFETY MANAGEMENT SYSTEM - 2016 Page 35

Documents

than 7 metres in length that operate in smooth & partially