42 | WATERLINE April 2026 LEGAL LINES EXTREME WEATHER ON THE WATERFRONT Extreme or severe weather events such as cyclones and storms are recurring threats for marinas across Australia. Beyond the physical risks to vessels and infrastructure, they create significant legal, contractual, and insurance challenges. Ensuring your marina has the right agreements, procedures, and protections in place is essential for operating safely, meeting legal obligations, and minimising exposure to financial loss. LEGAL DUTIES THAT APPLY DURING SEVERE WEATHER Extreme weather events expose marinas to a range of legal risks. Understanding these obligations is critical to protecting people, the environment, and the marina from liability; Duty of care: Marinas have a legal duty to take reasonable steps to keep people and property safe, and that duty extends to foreseeable extreme weather conditions. This includes maintaining structurally sound pontoons and piles, keeping electrical and fuel systems compliant, and having clear emergency procedures. Because extreme weather events are a known risk in Australia, a marina that fails to take reasonable measures to prepare may be found negligent if injury or damage occurs. Work Health and Safety obligations: WHS laws require marinas to protect staff and contractors, even during extreme weather. This involves training workers in cyclone response, maintaining clear evacuation routes, managing hazardous materials like fuel and batteries, and securing vessels and equipment to minimise risks. Environmental protection duties: Environmental obligations continue throughout extreme weather events. Marinas must prevent and respond to pollution risks such as fuel spills, debris entering waterways, and contaminated runoff and must report environmental harm promptly. These duties apply regardless of the cause of the incident, meaning a marina can face penalties if it did not take reasonable steps to minimise environmental impact before the storm. THE IMPORTANCE OF CLEAR AGREEMENTS An important aspect of managing these risks and associated legal obligations, is to ensure your marina has well drafted contractual agreements tailored to manage risk during severe weather. Marinas should ensure that their agreements, such as berthing agreements, lifting agreements, and hardstand agreements, are clear, tailored and up to date and provide you with the rights to manage risk and respond to extreme weather events. Generally, your marina’s agreements should: • clearly allocate responsibility for vessel condition, maintenance, and onboard hazards, • confirm the marina’s authority to take all reasonable actions during emergencies to minimise risk to people and property including to move, secure, or relocate vessels during emergencies, • require owners to comply with safety and environmental standards and the reasonable directions of the marina, • set expectations for waste management, hazardous materials, and emergency procedures, • minimise legal risk by way of waivers, limitations or liability, indemnities and insurance requirements. Well drafted agreements give marinas the legal footing to act quickly during cyclones and reduce disputes when damage occurs. INSURANCE COVER Insurance becomes especially important during severe weather because cyclones significantly increase the risk of injury to people and damage to vessels, infrastructure, and the surrounding environment. Marinas should ensure their own policies cover cyclone related damage, public liability, business interruption, and the costs of clean up. Your agreements should also require vessel owners to maintain adequate insurance: • issued by a reputable Australian based (or alternatively Lloyds of London) insurer, • written on a ‘claims occurring’ basis, • specify minimum cover levels (e.g. $20 million for public liability), • providing broad cover for known risks (e.g. salvage, third party property and pollution/environmental risks), • require proof of insurance (including certificates of currency and copies of policies) be provided regularly and on request, • include obligations on the customer to notify the marina of risks, potential or actual claims and any changes to policies or cover. If you have any queries or need assistance in reviewing any of your commercial agreements, please do not hesitate to contact Tim Smith (07) 3231 0628 tsmith@mcw.com.au marinas.net.au Understanding the destructive forces of extreme weather How to better secure infrastructure for your marina/boatyard Legal and insurance implications & considerations for your facility Steps to evaluating your marina for extreme weather Tips to minimise damages and securing boats in an extreme weather event Extreme weather management 2 hour self-paced anytime online course includes: EXTREME WEATHER PREPAREDNESS MIA members - $170 (ex GST) Non-members - $230 (ex GST) supported by
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