Commercial Vessels Act 1979 Regulation amending Commercial Vessels (Permits) Regulation 1986 (1996-25) [GG No 15 of 2.2.1996] (NSW)

1996—No. 25

COMMERCIAL VESSELS ACT 1979—REGULATION

(Relating to fees, expenses and charges)

NEW SOUTH WALES

[Published in Gazette No. 15 of 2 February 1996]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Commercial Vessels Act 1979, has been pleased to make the Regulation set forth hereunder.

P C Scully

Minister for Ports.

Commencement

1. This Regulation commences on 2 February 1996.

Amendments

2. The Commercial Vessels (Permits) Regulation 1986 is amended:

(a) by inserting in alphabetical order in clause 4 the following definitions:

“normal working hours” means 7.30 am to 4 pm Monday to

Friday, excluding public holidays;

“Waterways Authority” means the Waterways Authority constituted under the Ports Corporatisation and Waterways Management Act 1995.

(b) by inserting at the end of clause 14 the following subclauses:
(2) If Schedule 3 provides for a charge to be imposed at an

hourly rate, the Minister is to provide a written estimate of the

total fee payable before the relevant work is commenced.

(3) The fee payable in respect of a vessel whose survey
schedule is altered (such as for the purpose of including the vessel

1996—No. 25

in a group survey) is to be increased or decreased in the same proportion as that by which the interval before the vessel is next due for survey is increased or decreased as a result of the alteration.

(c) by omitting Schedule 3 and by inserting instead the following Schedule:

SCHEDULE 3—FEES, EXPENSES AND CHARGES

(Cl. 14)

Part 1—General

1.       Replacement of a permit plate that has become lost, illegible, damaged or destroyed (section 15

(5)) ................................................................ $50

2.        Issue of a temporary permit (section 19 (4)):

Administration fee ........................................ $180

In addition, for any inspection of a vessel

for that purpose ........................................... $90 per hour or part of an hour

3.       Work carried out in connection with an

application for a permit and investigation of the
application (section 17) (including survey, examination, approval of plans, witnessing position of draught marks, witnessing of inclining
tests, approval of stability data, witnessing of

vessel trials and examination or re-examination of information in connection with approval of plans) ............................................................. $90 per hour or part of an hour

4.        Submission of application (where investigative

work has been carried out by a person accredited

by the Waterways Authority in accordance with

the accrediting arrangements approved by the

Minister, and where the applicant has paid to the
accredited person such fees as the applicant and

accredited person have agreed) ......................... $350

5.       Investigation as to whether the suspension of a permit was justified (section 22 (5)):

Administration fee ........................................ $90

In addition, for any inspection of a vessel

for that purpose ........................................... $90 per hour or part of an hour

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6.       Investigation as to whether the suspension of a permit should be revoked:

Administration fee ........................................ $90

In addition, for any inspection of a vessel

for that purpose ........................................... $90 per hour or part of an hour

7.       Work carried out in respect of the survey of a vessel in accordance with its survey schedule or with a requirement made by the Minister (section 30):

For a vessel subject to a Class 1 permit .......	$34 per metre (or part of a metre) of length of the vessel
For a vessel subject to a Class 2 permit .......	$29 per metre (or part of a metre) of length of the vessel
For a vessel subject to a Class 3 permit .......	$23 per metre (or part of a metre) of length of the vessel
For a vessel subject to a Class 4 permit
(where the vessel is 6 metres long or more) ..	$34 per metre (or part of a metre) of length of the vessel
For a vessel subject to a Class 4 permit
(where the vessel is less than 6 metres long
but is not subject to an exemption from
periodical survey made under section 48) .......	$23 per metre (or part of a metre) of length of the vessel
For a vessel subject to more than one class of

permit	...........................................................	The fee applicable to a vessel subject to the lowest class of permit to which the vessel is subject (Class 1 being the lowest class and Class 4 being the highest class)
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8.       Issue of a Class 4 permit in respect of a vessel that is less than 6 metres long and that is subject to an exemption from periodical survey

under section 48 ............................................... $107 (for each
group of 10
vessels, or part
of such a
group)

9.       Issue of a replacement survey record book

(clause 10 (7)) ................................................ $120

10.     Issue of a towage permit (clause 12):

Administration fee ........................................ $50

In addition, for any inspection of a vessel

for that purpose ........................................... $90 per hour or part of an hour

11.     Further inspection, where a defect or deficiency

has been revealed by an inspection under section

29, for the purpose of ascertaining whether the

defect or deficiency has been rectified .............. $90 per hour or part of an hour

12.     Further inspection subsequent to repairs following

accident damage and inspection of those repairs

under section 29 (3) ........................................ $90 per hour or part of an hour

13.     Preliminary inspection of an existing vessel for

verbal advice on survey requirements ................ $150 (which is
to be deducted
from any
subsequent
application fee
in relation to
the vessel)

Part 2—Supplementary charges payable in addition to the fees,

expenses and charges under Part 1

14.      Survey or service carried out by a surveyor

outside normal working hours ........................... $45 per hour or part of an hour (including

travelling time),
subject 10 a
minimum fee of
$ I80 where the
hours are not
merely an
extension of
normal working
hours

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15.    Attendance by a surveyor (at the request of an

applicant for a vessel permit, or of a person

submitting a vessel for survey, inspection or
issue of a towage permit) otherwise than at a

place or time at which the surveyor is normally

engaged in official duties ................................. Such reasonable
travel and
accommodation
expenses as are
incurred by the
surveyor for the
purposes of the
attendance

EXPLANATORY NOTE

Section 17 of the Commercial Vessels Act 1979 states that the regulations under that Act may provide for the payment of specified fees and charges in respect of an application for a permit (authorising the use of the vessel to which it relates in prescribed waters of a class or classes specified in the permit) and investigation of the application. Section 30 of that Act provides for the payment of prescribed fees, charges and expenses before a vessel is surveyed or a motor is checked.

The object of this Regulation is to amend the Commercial Vessels (Permits) Regulation 1986 to change the fees and charges presently prescribed under that Regulation.

This Regulation is made under the Commercial Vessels Act 1979, including section 17 (payment of fees, charges and expenses in relation to permits), section 30 (fees, charges and expenses for surveys of vessels and checks of motors) and section 52 (the general regulation-making power).