Broads Authority Bill gains Royal Assent

Broads Authority Bill becomes an Act

Safety controls on the Broads designed to help the boating public will be introduced next Spring following the passing of the Broads Authority’s Bill. On Thursday 2nd July it received its Royal Assent when the Queen signed the List of Bills and it became an Act when it was announced in both Houses of Parliament.

Key provisions in the Bill include:
• A licensing scheme for boats hired to the public
• A requirement for boats to have 3rd Party Insurance
• The ability to keep the Boat Safety Scheme (MoT equivalent for boats) in line with the national scheme
• Powers to manage water skiing more effectively on the Broads.

The Private Bill promoted by the Broads Authority proved to be the only way to bring about a comprehensive update to the Norfolk and Suffolk Broads Act which set up the Broads Authority 20 years ago.
In July 2003 a hire boat with ten people onboard capsized and inverted without warning at Horning Hall, with one woman losing her life. The subsequent report by the DTI’s Marine Accident Investigation Branch recommended “the introduction of licensing regimes by inspection of hire craft by competent bodies”.
The Broads Authority has been working closely with the British Marine Federation, the Broads Hire Boat Federation, the Day Boat Association and hire boat operators to agree a set of licensing conditions for implementation in April 2010.  It will include testing boats for their stability, attaching plates indicating the maximum number of persons to be carried, comprehensive handover procedures for customers and the requirement to have lifejackets on board.

The new Act requires compulsory third party insurance for most boats using the Broads (small unpowered vessels are exempt) from April 2010 and the Navigation Committee has recommended that this should be for a minimum of £2 million. The costs of this insurance are affordable and many owners will already have it. A simple process will be put in place so that compliance can be demonstrated. Confirmation of the level of insurance required will be made by the Broads Authority in September.
The Boat Safety Scheme, a four yearly boat MOT designed to reduce the risk of fire and explosion, which was fully introduced in April this year, and the Act will allow the arrangements in the Broads to be kept in line with the national scheme.

The Act will improve the arrangements for managing water skiing. The Broads Authority has worked closely with the local club, Eastern Rivers Ski Club, and the national organisation British Water Ski to put in place a voluntary system which requires water skiers to have insurance and a Ski Boat Driver qualification. I t will also allow the number of licences to be controlled.
In many parts of Europe a licence for water skiing is mandatory but not in the UK.  British Water Ski offer three tiers of award as proof of boat handling skills - the Ski Boat Driver Award (SBDA), the Club Driver Award and the Commercial Driver Assessment (CDA).  The SBDA is now recognised as the benchmark standard of driving skills at clubs throughout the UK and is supported by a network of over 100 test centres. The Act will make the requirement of an SBDA and other permit conditions compulsory.
Julian Barnwell, Chairman, Eastern Region- British Water Ski, who has worked for many years to ensure that water skiing continues safely on the Broads, welcomed “with relief” the passing of the Broads Authority Bill.

 He said: “It cements the voluntary agreement which has existed for the past three years and we look forward to working very closely with the Broads Authority in the future.
“We have been leading the way on safety and there has been a great relationship between us and the Broads Authority.  We are delighted that the changes are now law so we can ensure that water skiing continues in a safe and responsible manner on the Broads.”

Stephen Johnson, Chairman of the Broads Authority said: “I am absolutely delighted that this important updating of our legislation has finally become law.
The support of Ministers in both Houses of Parliament, our local MPs and peers and the national boating organisations has been tremendous. Now we will get on with implementing the provisions with the aim of making the Broads an even safer place to enjoy.”

Mark Wells, Chairman of the Norfolk and Suffolk Boating Association said: “The Broads Bill is now fact; its progress has been tortuous and sometimes fraught, with even simple procedural matters slowing things down at the end. However, there are aspects of what is now an Act which boaters can welcome - safety, the ability to control or curtail more extreme forms of water sport such as wake boarding, and requirement to consult the Navigation Committee on any new policy which could have a significant impact on the use of the navigation.”
“On a number of issues of benefit to navigators we look forward to co-operating with the Authority, while as the body representing private boat owners and toll payers on the Broads, NSBA also will be carefully monitoring just how the BA applies the new legislation,” said NSBA Chairman Mark Wells.

“We’ll be particularly watchful of the extension of Broads Authority safety controls over boating activities on adjacent waters. We are pleased with the strengthening of regulations allowing the Authority to clear obstructive vegetation from riverbanks to permit free passage. We’ll be keeping a close watch on changes to tolls and how the navigation income is spent.
“We look forward to a more positive and productive period of improving the facilities for all users of the broads, especially boaters.”

02/07/09 

Broads Authority
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