July 2025 WATERLINE | 33 LEGAL LINES STAYING PREPARED IMPLEMENTING EFFECTIVE EMERGENCY PLANS Emergency Plans for marinas should be comprehensive and reflective of Workplace Health and Safety Laws (WHS Laws). Having coordinated efforts between management, local authorities and the Australian Maritime Safety Authority (AMSA) will help marina safety, especially in emergency situations. CURRENT CONCERNS Common emergencies for marinas include, but are not limited to fire risks, vessel accidents, structural damage, hazardous material spills and weather emergencies. Notably, the potential risks vary, therefore, having established emergency protocols, plans and procedures in place, will help coordinate the marina’s emergency response strategies better. From a recent case in February 2025 at Adelaide’s North Haven Marina, concerns increased over the existing emergency response capabilities at marinas. Local emergency authorities were later notified after a yacht became engulfed in flames, with the yacht owner being hospitalised with serious burns and smoke inhalation. As a result, authorities and community leaders have highlighted the importance of developing and improving safety protocols at local marinas to prevent similar incidents. This case serves as a significant reminder to ensure that your staff and patrons are well informed of the potential risks, and necessary protocols available to respond in cases of emergency. The Marina Industries Association’s Marina Operations Manual has template policies and procedures that help marinas prepare compliant and effective response plans. LEGAL COMPLIANCE Under WHS laws, it is a legal requirement that all workplaces must have effective response protocols to emergencies, therefore, developing sustainable emergency plans must be a priority towards improving the overall safety of your marina operation. Furthermore, all workplaces in Australia must have an emergency plan in place that is easy to access, reviewed regularly, and updated consistently. Specifically, guidance under WHS laws require that emergency plans should cover the following: • risk management and evacuation response guidelines; • emergency contact services available; • medical assistance protocols; • communication procedures between staff, emergency response coordinators and others; and • information, training and instruction for staff on how to implement these strategies. Particularly for consideration, a Person Conducting a Business or Undertaking (PCBU) is responsible for ensuring the above requirements are enforced, managed and maintained. Failure to comply with WHS laws may result in penalties for PCBUs ranging from $100,000 to $600,000, and in severe cases, imprisonment of up to 5 years. As a PCBU, marinas must ensure that emergency plans are prepared appropriately along with adequate training to staff, in accordance with industry standards and WHS laws. KEY CONSIDERATIONS • Review your current policies and agreements (i.e. berthing leases) around the implementation and management of emergency plans. • Ensure that your current emergency plans, risk mitigation protocols meet WHS laws and industry standards. • Check that all plans, strategies and contact information for emergency response are easily accessible by staff and patrons; and • Provide up to date training for staff around emergency response, risk mitigation strategies and safety protocols. The Marina Training Institute’s induction courses are designed to help marinas with their training compliance obligations. McInnes Wilson Lawyers can assist your marina by reviewing your current commercial agreements (such as berthing leases or licenses) to ensure your emergency plans meet the standard requirements of WHS laws. If you have any queries, or need assistance in reviewing any requirements under your commercial agreements, please do not hesitate to contact: Tim Smith (07) 3231 0628 tsmith@mcw.com.au
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