Stupid, Stupid Laws

[cat man do]

Man told 'pay up or sink boat'
Letea Cavander | 16th April 2010




Former navy seaman (Barnacle) Bill Sizmur is fighting to save the ex attack class vessel HMAS Aware.

Max Fleet/News Mail
A DECORATED former Navy officer is locked in battle with authorities over the insurance of his rare but rusting ship — which could cause a $500,000 clean-up bill if it leaks its store of fuel.

William George Sizmur was fined $10,000 in Bundaberg Magistrates Court for failing to insure the Navy attack class ship he served on in the 1970s.

But outside court, gripping onto an album filled with photos of the ship Aware in her hey-day, Sizmur told the NewsMail he could not bear to let her go.

The Aware is floating in the Burnett River, rust eating away at parts of the vessel that patrolled the ocean for 25 years.

The maximum fine for failing to insure the boat is $85,000.

Maritime Safety Queensland prosecutor Mandy Nixon told the court “a few thousand litres” of fuel was sitting in the ship and, if there was a spill or if it sank, it could cost taxpayers a minimum of $500,000 in cleaning fees.

The prosecutor said 57-year-old Sizmur, having served on the ship for three years between 1974-76, would have “been aware” of its maintenance costs.

Ms Nixon said the steel hull measured 5mm in width and was rusting — a claim Sizmur rejected.

“It’s the best steel BHP could roll. It’s a high tensile steel. (The prosecution) made a big deal about saying it was a 5mm hull — it still would be 5mm,” he said.

Sizmur said the “horrible” rusting back section was added to the ship in Melbourne after it was decommissioned.

The decorated seaman, who two weeks ago received a commendation from the Navy for his actions in a fire on another ship in 1979, brought the 32.6m steel ship up from Sydney in 2006 and claimed he took over registration of the ship after the investors pulled out.

Sizmur, who represented himself in court, told Magistrate John Smith he was having trouble “slipping”, or dry-docking, the ship because the pulley at Burnett Heads could not cope with the tonnage of the vessel.

He told the NewsMail if he could not get the ship out of the water, he would not be able to get it inspected for insurance.

Ms Nixon said in court the maritime authority had offered the former seaman options to get rid of the boat, including giving it to an organisation looking for a new vessel to sink on the artificial Cochrane Reef, off the Bundaberg coast.

But Sizmur said he could not bear the thought of the ship at the bottom of the sea.

“It would be a sad fate for a dying breed. The only other one is in the maritime museum in Sydney,” he said.

Man told 'pay up or sink boat' | Bundaberg News | Local News in Bundaberg | Bundaberg News Mail

Price: AU $85,000 make an offer
Description:
HMAS Aware: This is an opportunity to own a slice of history HAMS Aware. New shafts and props.
Country: Australia
Location: Qld
Year: 1967
Builder: Australian Navy
Length: 106' 11" - 32.60m
Beam: 7 Mtr
Draft: 7'6"
Hull Material: Steel
Deck Material: Steel
Engine: 2 X 1750 hp V16 Paxman Vantura Twin turbo
Genset: GM 50 KVA X 2
Fuel: 30,000 Ltr

Hmas Aware: Power Boats | Boats Online for Sale | Steel | Queensland (Qld) - Qld

I imagine this is the same boat?

Horrible rusting back section they speak of.

[cat man do]

Originally Posted by Factor

No - you are absolutely correct, a large scale commercial ship carrying thosands of tiones of fuel oil is absolutely identical to a 30 metre unused boat that is moored in a river.

Silly me.

Is the same as a 16 metre sloop with 100 litres of diesel
Circular for Queensland Boat Owners

I have had problems getting a definitive answer in simple english as to how to measure for the 15 metres.

Using one measurement I appear to be slightly over
Another puts me quite a bit under

[dennisjay]

Don't know how it is in Brisbane, but where I live, it's common for wannabe sailors to buy old boats and moor them in the harbor. After a season or two, some become either trash heaps, abandoned or navigational hazards. They've slipped their moorings and crashed into other vessels and docks. Few years back one caught fire and could have taken out half the town. Whether 30 metres or 30 ton, having reasonable regulations isn't necessarily an evil thing.

[cat man do]

Originally Posted by cat man do

I have had problems getting a definitive answer in simple english as to how to measure for the 15 metres.

This would seem to imply I can measure deck length.

Deck length of the hull?

Or deck length between the hulls?

[Factor]

It appaers few people who have read this understand the meaning of the word irony.

TO BE CLEAR, I was not suggesting that Qld should not have that law, what I was suggesting was that fining the guy and themn offerring to sink his boat was a bad application of public policy. Talk to him about sinking etc without him having to pay a $10K fine.

In other words administer the law for the best community outcome and not for pure prosecutorial vindicitiveness.

[shadow]

I always find it amazing that Gov. always fines the little man, when huge companies dump oil, and other hazards all over the world. i.e. Oil rig in Gulf of Mexico was put ablaze, oil/coal tanker leaks off of great barrier reef.. They are fined, but not in correct proportion to the overall seriousness of the crime or worth..

Just my 2 cents...

[dennisjay]

Originally Posted by shadow

They are fined, but not in correct proportion to the overall seriousness of the crime or worth..

You make a good point, but the captain of the Chinese freighter is facing three years in jail and a $220,000 fine.

[cat man do]

Originally Posted by dennisjay

>> They are fined, but not in correct proportion to the overall seriousness of the crime or worth.

You make a good point, but the captain of the Chinese freighter is facing three years in jail and a $220,000 fine.

More info including route taken here
shen neng 1

[cat man do]

Originally Posted by Factor

It appears few people who have read this understand the meaning of the word irony.

I got your point

Like I cant take a dump in the water and will cop a huge fine if I do but the gubment can pump sewerage into the sea and fish **** in it daily as well.

[shadow]

Originally Posted by dennisjay

You make a good point, but the captain of the Chinese freighter is facing three years in jail and a $220,000 fine.

I do agree that the fines are finally getting into an acceptable range, but still a minute fraction of what they are making compared to the gorgeous area which they just destroyed.

But, yah, it is getting better....

[clymbon]

Originally Posted by ViribusUnitis

... Since I'd argue that the goverment owns the water, and the sea bed under the water, they're simply trying to protect their property.

Yikes! No, nobody owns the water, or the seabed under it. Or, we ALL own it. Perhaps that was what you meant.

I think we agree it’s important to protect it, and that’s the kind of thing we need governments for.

[StuM]

Necroposting? Last post was over 9 years ago!

[CaptTom]

Originally Posted by StuM

Necroposting? Last post was over 9 years ago!

I read the whole thing (without following any of the links) before I noticed.

I had some pithy things I was going to reply. Guess it's pointless, now.

Thanks for preventing me from making a fool of myself!

[Tetepare]

Originally Posted by sailorboy1

Nice to see complaints for somewhere other than the US for a change.

Most people accept stupid laws and try to live their lives best as possible. Those who try to force change are at best ignored, and worst find themselves subject to persecution. Most laws are political in nature, and one who sticks the head up gets it chopped off.

[senormechanico]

https://www.king5.com/article/news/l...7-0cab9d846970


but these are illegal because Puget Sound is a No Discharge Zone:


https://raritaneng.com/raritan-produ...t/electroscan/


Oh, the irony...