Rock Fishing in the Ballina Shire

Ballina Shire is one of five coastal NSW councils to be declared under the Rock Fishing Safety Act 2016 to enforce new legislation. This means all rock fishers must wear a lifejacket in high-risk locations including Lennox Headland, Iron Peg, Skennars Headland, Flat Rock, Black Head and Ballina Head.

Anyone fishing from the rocks exposed to an ocean swell, including children and adults that may be assisting, must all wear an appropriate lifejacket. As well as wearing a lifejacket, make rock fishing safer by:

• Wearing appropriate non-slip footwear and light clothing
• Staying alert to the weather conditions
• Never fishing alone
• Planning an escape route in case you are washed in
• Never turning your back on the ocean
• Not jumping in if someone is washed into the water – call 000 or go and get help.

Above: In 2015, Greg Finney almost lost his life in a rock fishing accident.

FAQs

What is the new law for rock fishing?

The Rock Fishing Safety Act 2016 requires people rock fishing in high-risk locations to wear lifejackets. The law started on 1 July 2020.

Why do we need a new law?

There are many coastal rock shelves in the Ballina LGA and there is a high risk of being swept off those rocks while doing something you enjoy - rock fishing. The Rock Fishing Safety Act 2016 was introduced to save lives. In 2015, a coronial inquest into nine rock fishing-related deaths found that safety advice and education made no difference to the numbers of people who were dying while rock fishing. The Coroner recommended that lifejackets be made mandatory for rock fishers. This recommendation was supported by the NSW Water Safety Advisory Council.

How will the new law be introduced?

It will be mandatory to wear a life jacket when rock fishing in the Ballina local government area (LGA).  Anyone rock fishing with you in the Ballina LGA, or assisting you to rock fish, will also be required to wear a lifejacket. You must ensure children under the age of 12 in your care must also wear an appropriate lifejacket when they rock fish or assist someone to rock fish.

How will I know if I am in a high-risk rock fishing location?

The high-risk rock fishing sites include Lennox Point and headland, Boulder Beach headland and Whites Head, Flatrock, Black Head and Ballina Head but does not include the river break walls.  As a general rule, if you are fishing from rocks exposed to ocean swell in the Ballina LGA, you will need to wear a lifejacket. It is advised to wear a lifejacket at any rock fishing location. A map of high-risk locations is published on the NSW Water Safety website.

What are the penalties for rock fishing without wearing a lifejacket?

There is a moratorium until 1 July 2020. This means that fines will not be issued for not wearing a lifejacket when rock fishing in the Ballina LGA until that date.  This will ensure rock fishers have sufficient time to obtain an appropriate lifejacket. During the moratorium, rock fishers not wearing a lifejacket will be given a warning. From 1 July 2020, fishers will be fined $100 on the spot for not wearing a lifejacket while fishing at a high-risk rock fishing location.

Who will enforce the Act?

The Act permits the NSW Police Force, the Department of Primary Industries – Fisheries, the National Parks and Wildlife Service and Local Council officers to enforce the lifejacket requirements of the Rock Fishing Safety Act 2016.

How do I know if my lifejacket meets the safety standards?

• An appropriate lifejacket: 
• For an adult, must meet Australian Standard AS 4758 level 50S or greater 
• For a child (under 12 years of age), must be level 100 Australian Standard AS 4758 or greater 
• Must be the correct size for the wearer 
• Must be in good condition, and 
• If the lifejacket is inflatable it must not rely solely on oral inflation for buoyancy and must be serviced every 12 months (although a longer service period might apply if specified by the manufacturer). Find the right lifejacket for rock fishing at watersafety.nsw.gov.au

Some lifejackets approved under other standards may also meet the requirements. Find more information about standards approved lifejackets at the Centre for Maritime Safety’s website at maritimemanagement.transport.nsw.gov.au

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Resources

• High Risk Fishing Locations in Ballina Shire Map 
• NSW Water Safety website watersafety.nsw.gov.au
• Maritime Safety website maritimemanagement.transport.nsw.gov.au