Commercial Vessels Amendment (Fees) Regulation 2004 (NSW)

No judgment structure available for this case.

2004 No 656

New South Wales

Commercial Vessels Amendment

(Fees) Regulation 2004

under the

Commercial Vessels Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Commercial Vessels Act 1979.

MICHAEL COSTA, M.L.C.,

Minister for Transport Services

Explanatory note
The objects of this Regulation are:

(a)

to increase certain fees prescribed by the Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986 that are payable in respect of:

(i)	examinations for certificates of competency, and
(ii)	the issue, recognition and revalidation of certificates of competency, and
(iii)	miscellaneous other matters, and

(b)

to increase certain fees prescribed by the Commercial Vessels (Load Lines) Regulation 1986 for:

(i)	an initial survey and the issue of a load line certificate, and
(ii)	an initial survey and the issue of a load line exemption certificate, and
(iii)	a periodical survey, and
(iv)	a periodical inspection, and

(c)

to increase certain fees, charges and expenses prescribed by the Commercial Vessels (Permits) Regulation 1986 for:

(i)	applications for permits under the Commercial Vessels Act 1979, and
(ii)	investigations of those applications, and
(iii)	miscellaneous other matters.

The fees increases are generally in line with movements in the Consumer Price Index.

Published in Gazette No 149 of 24 September 2004, page 7622	Page 1
2004 No 656
2004 No 656
Commercial Vessels Amendment (Fees) Regulation 2004 Explanatory note

This Regulation is made under the Commercial Vessels Act 1979, including sections 17, 30, 30G (3), 38 and 52 (the general regulation-making power) and such other sections as are referred to in this Regulation.

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Clause 1

Commercial Vessels Amendment (Fees) Regulation

2004

under the

Commercial Vessels Act 1979

1 Name of Regulation
This Regulation is the Commercial Vessels Amendment (Fees)
Regulation 2004.

2 Commencement
This Regulation commences on 1 October 2004.

3 Amendment of Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986
The Commercial Vessels (Certificates of Competency and Safety
Manning) Regulation 1986 is amended as set out in Schedule 1.

4 Amendment of Commercial Vessels (Load Lines) Regulation 1986
The Commercial Vessels (Load Lines) Regulation 1986 is amended as set out in Schedule 2.

5 Amendment of Commercial Vessels (Permits) Regulation 1986
The Commercial Vessels (Permits) Regulation 1986 is amended as set out in Schedule 3.

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Schedule 1	Amendment of Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986
Schedule 1	Amendment of Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986

(Clause 3)

Schedule 3
Omit the Schedule. Insert instead:

Schedule 3 Fees payable in connection with
certificates of competency

(Clause 13)

Part 1 Fees in respect of examinations

Column 1 Column 2 Column 3
Class of certificate or Examination for Fee $
endorsement which fee is payable
Master Class 1, Master Class 1 (limited All exams for the relevant 380
to sail as Chief Mate), Master Class 2, class of certificate
Master Class 2 (limited to sail as Chief
Mate), Second Mate Class 1, Second
Mate Class 2
Master Class 3 or Master Class 3 (limited All exams for the relevant 380
to sail as Chief Mate) class of certificate
Master Class 4 or Mate Class 4 All exams for the relevant 348
class of certificate
Master Class 5 All exams for the relevant 263
class of certificate
Coxswain All exams for the relevant 132
class of certificate
Marine Engineer Class 1, Marine All exams for the relevant 380
Engineer Class 2 or Marine Engineer class of certificate
Watchkeeper
Marine Engineer Class 3 All exams for the relevant 263
class of certificate
Marine Engine Driver Grade 1 All exams for the relevant 263
class of certificate

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Amendment of Commercial Vessels (Certificates of Competency and Safety	Schedule 1
Manning) Regulation 1986

Column 1 Column 2 Column 3
Class of certificate or Examination for Fee $
endorsement which fee is payable
Marine Engine Driver Grade 2 All exams for the relevant 172
class of certificate
Marine Engine Driver Grade 3 All exams for the relevant 91
class of certificate
All classes mentioned above Where a single written or 36

single oral supplementary exam is carried out for the relevant class of
certificate
Certificate endorsed for either trading or Trading or fishing 91
fishing operations operations
Certificate endorsed for air-cushioned Air-cushioned vessel 91
vessel operations operations
Certificate endorsed for special Special operations 91
operations
Certificate endorsed for refrigeration Engineering 91
operations knowledge—written
Engineering 91
knowledge—oral

Part 2

Fees in respect of issue, recognition and revalidation of certificates of competency

Column 1 Column 2
Matter for which fee is payable Fee $
Issue of certificate under section 30H of the Act if the candidate 42
satisfies examination requirements (or those requirements except
for short courses) outside NSW

Recognition of certificates of other States etc under section 30L of the Act:

(a) by endorsement of certificate 14
(b) by notice certifying validity 31

Revalidation of certificate under section 30I of the Act 91

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Schedule 1

Amendment of Commercial Vessels (Certificates of Competency and Safety
Manning) Regulation 1986

Column 1 Column 2
Matter for which fee is payable Fee $
Issue of duplicate certificate under section 30H (4) of the Act for 91
certificate lost or destroyed

Part 3 Miscellaneous fees

Column 1 Column 2
Matter for which fee is payable Fee $
Eyesight test conducted by the Minister to satisfy medical 46
requirements for issue of certificate of competency
Re-assessment of written examination paper for issue of 22
certificate of competency
Oral examination required on seamanship or coastal local 91
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under 31
clause 6 of this Regulation
Record of service book 24
Where, at the request of the applicant for examination, a Such reasonable fee as
person acting on behalf of the Minister attends at a place may be deemed by the
where the officer would not, except in response to the Minister to cover some
request, have been engaged on official duties—travelling or all of those expenses
and accommodation expenses incurred by the officer and was notified to the
because of that attendance applicant at the time of
the request
Issue of certificate of competency where the applicant has 70
passed examinations conducted by another marine authority
Search fee—per item 36

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Amendment of Commercial Vessels (Load Lines) Regulation 1986	Schedule 2
Schedule 2	Amendment of Commercial Vessels (Load Lines) Regulation 1986

(Clause 4)

Schedule 2 Fees
Omit items 1–4 from the Schedule. Insert instead:

1 Initial survey and issue of load line certificate 281
2 Initial survey and issue of load line exemption certificate 281
3 Periodical survey 281
4 Periodical inspection 93

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986

(Clause 5)

Schedule 3
Omit the Schedule. Insert instead:

Schedule 3 Fees, expenses and charges

(Clause 14)

Part 1 General

1 Replacement of a permit plate that has become lost, $68
illegible, damaged or destroyed (section 15 (5) of the
Act)
2 Investigation as to whether conditions should be $240

imposed on a deemed temporary permit (but only where conditions are imposed under section 19 (3) (b) of the Act):
In addition, for any inspection of a vessel for that $121 per hour or part of
purpose an hour
3 Work carried out in connection with:

(a)

an application for a permit and investigation of the application (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 of information in connection with approval of plans), or

(b)

an application for approval of prototype vessel plans:

For a vessel less than or equal to 7.5 metres in length $124 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length $258 per metre (or part of a metre) of length of the vessel
4 Work carried out in connection with an application for a permit in respect of a vessel of a design or production run for which a prototype approval has previously been issued:

2004 No 656

Commercial Vessels Amendment (Fees) Regulation 2004

Amendment of Commercial Vessels (Permits) Regulation 1986

Schedule 3

For a vessel less than or equal to 7.5 metres in length $64 per metre (or part of a
metre) of length of the
vessel

For a vessel more than 7.5 metres in length

$121 per metre (or part of a metre) of length of the vessel

5 Work associated with the repeated re-examination of $121 per hour or part of
vessel survey plans an hour
6 Investigation as to whether the suspension of a $121
permit was justified (section 22 (5) of the Act):
In addition, for any inspection of a vessel for that $121 per hour or part of
purpose an hour

7

Work carried out in respect of the survey of a vessel in accordance with its survey schedule (section 30 of the Act):
For a vessel less than or equal to 7.5 metres in length $42 per metre (or part of a
metre) of length of the
vessel
For a vessel that is more than 7.5 metres in length but $62 per metre (or part of a
less than or equal to 15 metres in length metre) of length of the
vessel
For a vessel that is more than 15 metres in length $75 per metre (or part of a
metre) of length of the
vessel
8 Issue of a replacement survey record book (clause $162
10 (7))
9 Issue of a towage permit (clause 12): $62
In addition, for any inspection of a vessel for that $121 per hour or part of
purpose an hour
10 Inspection, where a defect or deficiency has been $121 per hour or part of
revealed by a survey under section 28 of the Act, for an hour
the purpose of ascertaining whether the defect or
deficiency has been rectified
11 Inspection subsequent to repairs following accident $121 per hour or part of
damage (section 29 (3) of the Act) an hour
12 Preliminary inspection of an existing vessel for oral $202 (which is to be
advice on survey requirements deducted from any
subsequent application
fee in relation to the
vessel)

2004 No 656	Commercial Vessels Amendment (Fees) Regulation 2004
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986

13 Conversion of a deemed temporary permit to a New $121 per metre
South Wales permit (section 20 of the Act)
14 Reinstatement of suspended permits $121
15 Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres in length $64 per metre (or part of a
metre) of length of the
vessel

For a vessel more than 7.5 metres in length

$121 per metre (or part of a metre) of length of the vessel

Part 2 Supplementary charges payable in
addition to the fees, expenses and charges
under Part 1

16 Survey or service carried out by a surveyor outside $60 per hour or part of an
normal working hours hour (including travelling
time), subject to a
minimum fee of $235
where the hours are not
merely an extension of
normal working hours
17 Attendance by a surveyor (at the request of an Such reasonable travel
applicant for a vessel permit, or of a person and accommodation
submitting a vessel for inspection or the issue of a expenses as are incurred
towage permit) otherwise than at a place or time at by the surveyor for the
which the surveyor is normally engaged in official purposes of the
duties attendance

BY AUTHORITY

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Commercial Vessels Amendment (Fees) Regulation 2004 (NSW)

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Column 1	Column 2	Column 3
Class of certificate or	Examination for	Fee $
endorsement	which fee is payable
Master Class 1, Master Class 1 (limited	All exams for the relevant	380
to sail as Chief Mate), Master Class 2,	class of certificate
Master Class 2 (limited to sail as Chief Mate), Second Mate Class 1, Second Mate Class 2
Master Class 3 or Master Class 3 (limited	All exams for the relevant	380
to sail as Chief Mate)	class of certificate
Master Class 4 or Mate Class 4	All exams for the relevant	348
class of certificate
Master Class 5	All exams for the relevant	263
class of certificate
Coxswain	All exams for the relevant	132
class of certificate
Marine Engineer Class 1, Marine	All exams for the relevant	380
Engineer Class 2 or Marine Engineer	class of certificate
Watchkeeper
Marine Engineer Class 3	All exams for the relevant	263
class of certificate
Marine Engine Driver Grade 1	All exams for the relevant	263
class of certificate

Part 2	Fees in respect of issue, recognition and revalidation of certificates of competency
Column 1	Column 2
Matter for which fee is payable	Fee $
Issue of certificate under section 30H of the Act if the candidate	42
satisfies examination requirements (or those requirements except for short courses) outside NSW
Recognition of certificates of other States etc under section 30L of the Act:

(a)	by endorsement of certificate	14
(b)	by notice certifying validity	31

1	Initial survey and issue of load line certificate	281
2	Initial survey and issue of load line exemption certificate	281
3	Periodical survey	281
4	Periodical inspection	93

1	Replacement of a permit plate that has become lost,	$68
illegible, damaged or destroyed (section 15 (5) of the Act)
2	Investigation as to whether conditions should be	$240
imposed on a deemed temporary permit (but only where conditions are imposed under section 19 (3) (b) of the Act):
In addition, for any inspection of a vessel for that	$121 per hour or part of
purpose	an hour
3	Work carried out in connection with:

(a)	an application for a permit and investigation of the application (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 of information in connection with approval of plans), or
(b)	an application for approval of prototype vessel plans:
For a vessel less than or equal to 7.5 metres in length	$124 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length	$258 per metre (or part of a metre) of length of the vessel

For a vessel less than or equal to 7.5 metres in length	$64 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length	$121 per metre (or part of a metre) of length of the vessel

5	Work associated with the repeated re-examination of	$121 per hour or part of
vessel survey plans	an hour
6	Investigation as to whether the suspension of a	$121
permit was justified (section 22 (5) of the Act):
In addition, for any inspection of a vessel for that	$121 per hour or part of
purpose	an hour
7	Work carried out in respect of the survey of a vessel in accordance with its survey schedule (section 30 of the Act):
For a vessel less than or equal to 7.5 metres in length	$42 per metre (or part of a metre) of length of the vessel
For a vessel that is more than 7.5 metres in length but	$62 per metre (or part of a
less than or equal to 15 metres in length	metre) of length of the vessel
For a vessel that is more than 15 metres in length	$75 per metre (or part of a metre) of length of the vessel
8	Issue of a replacement survey record book (clause	$162
10 (7))
9	Issue of a towage permit (clause 12):	$62
In addition, for any inspection of a vessel for that	$121 per hour or part of
purpose	an hour
10	Inspection, where a defect or deficiency has been	$121 per hour or part of
revealed by a survey under section 28 of the Act, for	an hour
the purpose of ascertaining whether the defect or deficiency has been rectified
11	Inspection subsequent to repairs following accident	$121 per hour or part of
damage (section 29 (3) of the Act)	an hour
12	Preliminary inspection of an existing vessel for oral	$202 (which is to be
advice on survey requirements	deducted from any subsequent application fee in relation to the vessel)

13	Conversion of a deemed temporary permit to a New	$121 per metre
South Wales permit (section 20 of the Act)
14	Reinstatement of suspended permits	$121
15	Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres in length	$64 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length	$121 per metre (or part of a metre) of length of the vessel

16	Survey or service carried out by a surveyor outside	$60 per hour or part of an
normal working hours	hour (including travelling time), subject to a minimum fee of $235 where the hours are not merely an extension of normal working hours
17	Attendance by a surveyor (at the request of an	Such reasonable travel
applicant for a vessel permit, or of a person	and accommodation
submitting a vessel for inspection or the issue of a	expenses as are incurred
towage permit) otherwise than at a place or time at	by the surveyor for the
which the surveyor is normally engaged in official	purposes of the
duties	attendance