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A 52-year-old man has been charged over the fatal Yamba boat capsize that claimed the lives of two people earlier this year.

Emergency services were called to the Yamba Breakwater shortly after 6am on March 12, following reports a recreational vessel had capsized while crossing the coastal bar.

Three people had been aboard the vessel when it overturned near the entrance to the Clarence River.

A large emergency response involving Marine Rescue NSW, Surf Life Saving NSW, the Westpac Rescue Helicopter, NSW Ambulance and police was launched.

A 52-year-old man was pulled from the water and taken to Maclean District Hospital for assessment and mandatory testing.

A 52-year-old woman and a 58-year-old man were retrieved from nearby waters a short time later.

Paramedics treated both people, but they died at the scene.

Police said at the time that the three occupants were believed to have been wearing life jackets and were not from the local area.

Conditions around the coastal bar were described as dangerous, with a significant swell reported on the morning of the capsize.

A witness who was near the breakwall also reported seeing a red flare before watching the vessel capsize and another boat begin searching the surrounding water.

Investigation into fatal Yamba boat capsize

Detectives from the NSW Police Marine Area Command launched an investigation into the circumstances surrounding the incident.

Following inquiries, the surviving 52-year-old man was issued a Court Attendance Notice for two counts of negligently operating a recreational vessel causing death or grievous bodily harm.

He is due to appear before Maclean Local Court on October 15.

The charges are allegations and have not been proven in court.

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