Commercial Vessels Amendment (National Standards) Regulation 2010 (NSW)
2010 No 43
New South Wales
Commercial Vessels Amendment
(National Standards) Regulation 2010
under the
Commercial Vessels Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has approved the following Regulation made by the Minister administering the Commercial Vessels Act 1979.
PAUL McLEAY, MP
Minister for Ports and Waterways
Explanatory note
The objects of this Regulation are:
| (a) | to amend the Commercial Vessels (Emergency Procedures and Safety of Navigation) Regulation 1986 and the Commercial Vessels (Equipment) Regulation 1986 to apply the most current relevant provisions of the Uniform Shipping Laws Code adopted by the Commonwealth to vessels that will be surveyed for the first time after the commencement of the amendments, or following a period exceeding 2 years in which no survey has been carried out, or in respect of which an application for an upgrade of vessel permit is lodged after that commencement, and |
| (b) | to amend the Commercial Vessels (Permit) Regulation 1986 to update references to the Uniform Shipping Laws Code and to introduce 2 new classes of vessel permit in line with that Code. |
This Regulation is made under the Commercial Vessels Act 1979, including sections 6, 41, 42 and 52 (the general regulation-making power).
| Published LW 19 February 2010 | Page 1 |
| 2010 No 43 | |
| Clause 1 | Commercial Vessels Amendment (National Standards) Regulation 2010 |
Commercial Vessels Amendment (National Standards)
Regulation 2010
under the
Commercial Vessels Act 1979
1 Name of Regulation
This Regulation is the Commercial Vessels Amendment (National
Standards) Regulation 2010.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2010 No 43
Commercial Vessels Amendment (National Standards) Regulation 2010
| Amendment of Commercial Vessels (Emergency Procedures and Safety of | Schedule 1 |
| Navigation) Regulation 1986 | |
| Schedule 1 | Amendment of Commercial Vessels (Emergency Procedures and Safety of Navigation) Regulation 1986 |
[1] Clause 4 Definitions
Omit the definition of The Code.
[2] Clause 4 (2)
Insert “or 5A” after “clause 5”.
[3] Clause 5 Adoption of section 15 of the Code for existing vessels
Insert at the end of clause 5:
(2) In this clause, The Code means the Uniform Shipping Laws Code adopted by the Australian Transport Advisory Council as published in the Commonwealth of Australia Gazette No P 17 of 13 August 1984. (3) This clause does not apply to vessels to which clause 5A applies.
[4] Clause 5A
Insert after clause 5:
5A Adoption of section 15 of the Code for new vessels and vessels
submitted for upgrade
(1) This Part applies to the following vessels:
(a)
vessels in respect of which an application for the initial vessel permit under the Act is lodged on or after the commencement date,
(b)
vessels that are surveyed on or after the commencement date following a period of more than 2 years in which no survey was carried out,
(c)
vessels in respect of which an application for an upgrade in the class of vessel permit for the vessel under the Act is lodged on or after the commencement date.
(2) Section 15 of the Code is adopted without modification.
2010 No 43
Commercial Vessels Amendment (National Standards) Regulation 2010
| Schedule 1 | Amendment of Commercial Vessels (Emergency Procedures and Safety of Navigation) Regulation 1986 |
(3) In this clause:
commencement date means the date on which the Commercial
Vessels Amendment (National Standards) Regulation 2010
commences.
The Code means the Uniform Shipping Laws Code adopted by
the Australian Transport Council as referred to in section 427 of
the Navigation Act 1912 of the Commonwealth.
2010 No 43
Commercial Vessels Amendment (National Standards) Regulation 2010
| Amendment of Commercial Vessels (Equipment) Regulation 1986 | Schedule 2 |
| Schedule 2 | Amendment of Commercial Vessels (Equipment) Regulation 1986 |
[1] Clause 4 Interpretation
Omit the definition of Code in clause 4 (1). Insert instead:
Code means:
(a) in a provision of this Regulation other than Part 3A—the Uniform Shipping Laws Code adopted by the Australian Transport Advisory Council as published in the Commonwealth of Australia Gazette No P 17 of 13 August 1984, or (a) in Part 3A—the Uniform Shipping Laws Code adopted by the Australian Transport Council as referred to in section 427 of the Navigation Act 1912 of the Commonwealth.
[2] Clause 4 (2)
Insert “or 25B” after “clause 5”.
[3] Clause 5 Adoption of sections 10, 11 and 13 of Code with modifications for existing vessels
Insert after clause 5 (2):
(3) This clause does not apply to a vessel to which Part 3A applies.
[4] Clause 8 Application of Division
Insert after clause 8 (2):
(3) Despite subclauses (1) and (2), this Division does not apply to a
vessel to which Part 3A applies.
[5] Clause 10 Application of Division
Insert “(other than a vessel to which Part 3A applies)” after “vessel”.
[6] Clause 12 Application of Division
Insert after clause 12 (2):
(3) Despite subclauses (1) and (2), this Division does not apply to a
vessel to which Part 3A applies.
2010 No 43
Commercial Vessels Amendment (National Standards) Regulation 2010
| Schedule 2 | Amendment of Commercial Vessels (Equipment) Regulation 1986 |
[7] Part 3A
Insert after Part 3:
Part 3A Requirements for equipment for new and
upgraded vessels
25A Application of Part
(1) This Part applies to the following vessels:
(a)
vessels in respect of which an application for the initial vessel permit under the Act is lodged on or after the commencement date,
(b)
vessels that are surveyed on or after the commencement date following a period of more than 2 years in which no survey was carried out,
(c)
vessels in respect of which an application for an upgrade in the class of vessel permit for the vessel under the Act is lodged on or after the commencement date.
(2)
In this clause, commencement date means the date on which the Commercial Vessels Amendment (National Standards) Regulation 2010 commences.
25B Adoption of sections 10, 11, 12 and 13 of the Code for new vessels
and vessels submitted for upgrade(1) Sections 10 (life-saving appliances), 11 (fire appliances), 12 (radio equipment) and 13 (miscellaneous equipment) of the Code are adopted without modification.
(2) In this clause, The Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council as referred to in section 427 of the Navigation Act 1912 of the Commonwealth. 25C Owner and master of vessel—offences The owner and master of a vessel to which this Part applies that is in prescribed waters are each guilty of an offence and liable to a penalty not exceeding $400 if:
(a)
a provision of the Code adopted by clause 25B is contravened in relation to the vessel, and
(b)
the contravention does not constitute an offence against section 42 of the Act.
2010 No 43
Commercial Vessels Amendment (National Standards) Regulation 2010
| Amendment of Commercial Vessels (Permits) Regulation 1986 | Schedule 3 |
| Schedule 3 | Amendment of Commercial Vessels (Permits) Regulation 1986 |
[1] Clause 4 Definitions
Omit the definition of The Code. Insert instead:
The Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council as referred to in section 427 of the Navigation Act 1912 of the Commonwealth.
[2] Clause 5 Classes of vessel permits
Omit clause 5 (1) (d). Insert instead:
(d) Class 4 (hire and drive vessels), comprising
(i) Class 4C—hire and drive vessels for use in operations up to and including designated restricted offshore operations. (ii) Class 4D—hire and drive vessels for use in designated partially smooth water operations and designated smooth water operations.
(iii) Class 4E—hire and drive vessels for use in
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