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

Part 1Preliminary1Name of Regulation

This Regulation may be cited as the Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986.

2Commencement

This Regulation shall take effect on and from the commencement of Parts 3A and 3B of the Commercial Vessels Act 1979.

Editorial note—

Date of commencement of Parts 3A and 3B of the Commercial Vessels Act 1979: 1.7.1987. See Gazette No 109 of 26.6.1987, p 3178.

3Application of Regulation

This Regulation applies to all vessels, except as provided by:

• (a)

  section 4A of the Act (Application of Act),

• (b)

  section 48 of the Act (Exemptions),

• (c)

  Schedule 1 to the Act (Savings and transitional provisions with respect to existing vessels), and

• (d)

  this Regulation.

4Definitions(1)

In this Regulation and in a provision of the Code adopted by this Regulation, except in so far as the context or subject-matter otherwise indicated or requires:

Australian coastal and middle-water operations means operations laterally along the coast of New South Wales within a limit of 600 nautical miles to seaward off the coast.

certificate of competency means a certificate of competency under Part 3B of the Act, and includes:

• (a), (b)

  (Repealed)

• (c)

  a certificate or other document recognised under section 30L of the Act (Recognition of certificates of other States, etc), and

• (d)

  a certificate or licence deemed to be a certificate of competency pursuant to clause 3 of Schedule 4 to the Commercial Vessels (Amendment) Act 1983 (Existing certificates).

chief engineer means the senior engineering officer responsible for the mechanical propulsion of a vessel.

dangerous goods has the same meaning as in the Road and Rail Transport (Dangerous Goods) Act 1997.

endorsement means any notation made by the Minister on a certificate of competency which acknowledges the recognition of any limitation or extension of the validity of that certificate for a particular operating area or a particular vessel or class of vessel or otherwise.

general purpose hand or GP means a member of the crew of a vessel other than master, mate, chief or other engineer or special personnel.

inland waters means any non-tidal waters which are open for public navigation.

inshore operations means:

• (a)

  operations laterally along the coast of New South Wales within a limit of 15 nautical miles to seaward of the coast, or

• (b)

  operations within a radius of 15 nautical miles from the seaward limit of an area of sheltered water operations or of a safe haven.

length, in relation to a vessel, means:

• (a)

  the distance from the fore part of the hull to the after part of the hull measured at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale, or

• (b)

  96 per cent of the distance between a vertical line passing through a point being the foremost part of the hull and a vertical line passing through a point being the aftermost part of the hull, excluding appendages,

whichever is the greater.

Manning Committee means a Manning Committee convened by the Minister under Part 3 to consider the safety manning of a vessel.

mate means the deck officer next in rank to the master of a vessel and on whom the command of the vessel would fall should the master become incapacitated.

offshore operations means operations laterally along the coast of New South Wales and within a limit of 200 nautical miles to seaward of the coast.

partially smooth water operations has the same meaning as in the Commercial Vessels (Permits) Regulation 1986.

propulsion power means:

• (a)

  in relation to a multi-screw vessel of less than 35 metres in length for use in sheltered water, inshore, restricted offshore or offshore operations, the propulsion engines of which are the same or similar and designed for a continuous rotational speed of more than 1 200 revolutions per minute—the maximum continuous rated power in kilowatts of the machinery provided for the propulsion of the vessel by one screw, or

• (b)

  in relation to any other vessel—the total maximum continuous rated power in kilowatts of the machinery provided for propulsion of the vessel.

qualifying numeral or QN means the numeral that is:

• (a)

  the length in metres of the vessel, or

• (b)

  the propulsion power of the vessel divided by 15, whichever is the greater.

restricted offshore operations means:

• (a)

  operations laterally along the coast of New South Wales and within a limit of 30 nautical miles to seaward of the coast, or

• (b)

  operations within a radius of 30 nautical miles from the seaward limit of an area of sheltered water operations or of a safe haven.

safety manning means the minimum number of duly qualified and other crew of specified designations to be carried on board a vessel.

second engineer means the engineer officer next in rank to the chief engineer.

sheltered water operations means partially smooth water operations or smooth water operations.

smooth water operations has the same meaning as in the Commercial Vessels (Permits) Regulation 1986.

special personnel means any person carried on board a vessel:

• (a)

  who is not, directly or indirectly, a paying passenger,

• (b)

  who is carried in connection with the special purpose of the vessel or because of special work being carried out on the vessel, and

• (c)

  who is not a member of the crew engaged in navigation, engineering or maintenance of the vessel or attached to the vessel to provide services for other persons on board, but who has some knowledge of safety procedures and handling of safety equipment on board.

the Act means the Commercial Vessels Act 1979.

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.

unlimited operations means operations laterally along the coast of New South Wales and beyond the limits of Australian coastal and middle water operations.

(2)

In a provision of the Code adopted by this Regulation:

approved means approved by the Minister.

Authority means the Minister.

5Class of vessels(1)

In this Regulation and in a provision of the Code adopted by this Regulation, a reference to a vessel of a particular class is a reference to a vessel which is the subject of a vessel permit of that class as defined in the Commercial Vessels (Permits) Regulation 1986.

(2)

For the purposes of subclause (1), where a vessel is the subject of 2 or more vessel permits, the class of the vessel at any particular time is the class of the vessel permit in pursuance of which the vessel is being operated at that time.

6Review of decisions by Minister(1)

A person aggrieved by a decision of the Minister under Part 3A (Safety manning of vessels) or Part 3B (Qualifications of crews of vessels) or under this Regulation may request the Minister, in writing, to review that decision.

(2)

Subclause (1) does not affect a person’s right to appeal to the Marine Appeals Tribunal against a decision of the Minister referred to in that subclause.

Part 2Certificates of competencyDivision 1General provisions7Classification of certificates of competency

The different classes of certificates of competency, and the qualifications conferred by each such class of certificate, shall be as set out in clause 5 of section 2 of the Code (as modified by Schedule 1 to this Regulation).

8Examinations and other conditions to be satisfied for issue of certificates of competency(1)

For the purposes of section 30F of the Act:

• (a)

  the examinations to be passed,

• (b)

  the service and training to be completed,

• (c)

  the medical examinations to be passed, and

• (d)

  the other requirements to be satisfied,

for the issue of certificates of competency under that section are those prescribed by clause 5 of, and the Schedules to, section 2 of the Code (as modified by Schedule 1 to this Regulation).

(2)

For the purposes of section 30F (1) (d) of the Act, a certificate of competency shall not be issued if the Minister is satisfied that the applicant is not a fit and proper person to exercise and perform the responsibilities, duties and functions of the certificate.

9

(Repealed)

10Existing certificates(1)

In this clause:

existing certificate means a certificate or licence deemed to be a certificate of competency pursuant to clause 3 of Schedule 4 to the Commercial Vessels (Amendment) Act 1983.

(2)

Pursuant to clause 4 of Schedule 4 to the Commercial Vessels (Amendment) Act 1983, the restrictions set out in Schedule 2 apply to existing certificates and those restrictions apply instead of the classification of those certificates under clause 3 (3) of Schedule 4 to that Act.

11Surrender of certificates of competency(1)

The holder of a certificate of competency issued by the Minister may at any time surrender the certificate to the Minister for cancellation.

(2)

The holder of a certificate of competency recognised by the Minister may at any time surrender the certificate to the Minister for withdrawal of the recognition.

(3)

If:

• (a)

  the holder of a certificate of competency under the Act applies for a certificate of competency of a higher class, or

• (b)

  the holder of an existing certificate (as defined in clause 10) applies for a certificate of competency under the Act of any class,

the Minister may require, as a condition to the issue of the new certificate, that the original certificate be surrendered to the Minister or other authority which issued it:

• (c)

  for cancellation,

• (d)

  for withdrawal of any recognition, or

• (e)

  for endorsement.

12Revalidation of certificates of competency(1)

For the purpose of section 30I (1) (a) of the Act, the holder of a certificate of competency as master, deck officer or engineer who is serving or proposing to serve on a Class 1 or Class 2 vessel shall apply to the Minister for revalidation of the certificate before the expiration of 5 years:

• (a)

  after the completion of all examinations for the issue of the certificate, or

• (b)

  after the last revalidation of the certificate,

as the case requires.

(2)

Subclause (1) does not apply to:

• (a)

  (Repealed)

• (b)

  an existing certificate as defined in clause 10.

(3)

For the purposes of section 30I (2) of the Act, a certificate of competency:

• (a)

  to which subclause (1) applies, or

• (b)

  which is required to be revalidated by the Minister under section 30I (1) (b) of the Act,

shall not be revalidated unless the holder of the certificate produces a medical certificate that proves, to the satisfaction of the Minister, the medical fitness of the holder to the standard required by Schedule Six to section 2 of the Code for any such revalidation.

(4)

For the purposes of section 30I (2) of the Act, a certificate of competency to which subclause (1) applies shall not be revalidated unless the holder of the certificate:

• (a)

  satisfies the Minister that the holder is professionally competent by:

  • (i)

    producing evidence that the holder has served for not less than 1 year in the preceding 5 years in a position which would be acceptable qualifying service for the initial issue of the certificate, or

  • (ii)

    if that evidence cannot be produced, passes an oral examination based on the Nautical and Engineering Syllabus for examinations for the certificate or completes a course approved by the Minister, and

• (b)

  if so required by the Minister—completes such course or courses or such training as the Minister may direct.

13Fees(1)

The fees payable to the Minister for the matters specified in Schedule 3 are the fees specified in that Schedule in respect of those matters.

(2)

Section 6 of the Intergovernmental Agreement Implementation (GST) Act 2000 does not apply to a fee specified in Schedule 3.

14Record of service(1)

Where an applicant for a certificate of competency is required by the Minister to produce proof of qualifying service, that service may, subject to any direction of the Minister, be proved by the production of a record of service which includes the information specified in Schedule Five to section 2 of the Code.

(2)

The owner or master of a vessel on which any such applicant has served shall, and an officer of the Minister may, certify the correctness of a relevant entry in that person’s record of service at the request of the applicant.

(3)

A person who contravenes subclause (2) is guilty of an offence and liable to a penalty not exceeding $400.

Division 2Examinations15Conduct of examinations(1)

The Minister may conduct, or authorise any person or body to conduct on the Minister’s behalf, examinations for any class of certificate of competency or for any endorsement of a certificate of competency.

(2)

Examinations shall be in accordance with the relevant syllabuses set out in the provisions of section 2 of the Code adopted by this Regulation and such rules as may be determined by the Minister from time to time.

(3)

Examinations shall be conducted on such dates, at such times and in such places as the Minister may determine.

16Examiners(1)

The examiners for examinations shall be appointed by the Minister or by the person or body authorised by the Minister to conduct the examinations.

(2)

An examiner shall not conduct an examination for a higher class of certificate of competency than that held by the examiner.

17Application for examination(1)

An application to sit for any examination required for a certificate of competency shall be in writing in such form as the Minister approves.

(2)

Any such application shall be lodged with the Minister not less than 10 days before the date of the examination unless the Minister, in special circumstances, accepts a late application.

18Acceptance of examinations conducted by other marine authorities

If the Minister is satisfied that:

• (a)

  an applicant for a certificate of competency has passed an examination conducted by another marine authority under a prescribed law or by a body approved by the Minister, and

• (b)

  the examination is equivalent to an examination required to be passed by the applicant under this Regulation,

the applicant shall be taken to have passed that examination for the purposes of this Regulation.

19Results of examination(1)

Results of examinations conducted by, or on behalf of, the Minister shall be communicated to candidates in a form approved by the Minister.

(2)

A pass in any of the theoretical subjects of an examination shall remain valid for a period of 5 years or such lesser period as the Minister determines in any particular case.

(3)

A pass in a group of practical subjects of an examination shall remain valid for a period of 12 months from the date of the examination.

(4)

A candidate who fails at an examination may, subject to the rules determined by the Minister, be re-examined at a subsequent examination.

20Re-assessment of examinations(1)

A candidate who has failed in any written paper in an examination conducted by or on behalf of the Minister may, within 7 days after notification of the results of the examination, apply to the Minister for a re-assessment of the paper.

(2)

Any such application shall be in writing and include the reasons for the application.

(3)

The Minister may allow the re-assessment of all or any of the written papers which are the subject of an application for re-assessment.

Part 3Safety manningDivision 1Preliminary21Application of Part(1)

This Part does not apply to:

• (a)

  a Class 4 vessel,

• (b)

  during the period of 2 years after the commencement of this Regulation—a Class 3 vessel, or

• (c)

  during the period of 3 years after the commencement of this Regulation—an existing vessel of any other class:

  • (i)

    which remains of the same class, subject to the same operational area and subject to the same restriction as to the maximum number of passengers that may be carried,

  • (ii)

    whose safety manning complies with the requirements of the Navigation Act 1901 and the regulations thereunder, as in force immediately before the commencement of this Regulation, and

  • (iii)

    whose vessel permit is not cancelled under the Act.

(2)

The period referred to in subclause (1) (c) during which a vessel is excluded from this Part may be reduced if the owner of the vessel elects to do so by notice in writing to the Minister.

(3)

For the purposes of subclause (1) (c):

• (a)

  a reference to an existing vessel is a reference to a vessel which was, immediately before the commencement of the Commercial Vessels (Permits) Regulation 1986, the subject of an unexpired certificate under Regulation 27 of the Navigation (Survey and Equipment) Regulations—N.S.W. or an unexpired certificate under the Navigation Act 1901 certifying compliance with Part 4 of that Act, and

• (b)

  a requirement of the Navigation Act 1901 or regulations thereunder that a member of the crew of a vessel hold a particular class of certificate or licence includes a certificate of competency issued under Part 3B of the Act if it qualifies the holder to carry out the duties of that member of the crew of that vessel.

22Certificates of competency under Navigation Act 1901 and regulations thereunder(1)

In this clause:

existing certificate means a certificate or licence deemed to be a certificate of competency pursuant to clause 3 of Schedule 4 to the Commercial Vessels (Amendment) Act 1983.

(2)

Where under this Part a member of the crew of a vessel is required to hold a certificate of competency of a particular class issued under Part 3B of the Act, that member of the crew of the vessel is duly qualified for the purposes of this Part if the person holds an existing certificate which qualifies the person to carry out the duties of that member of the crew of that vessel.

Division 2Determination of safety manning23Determination of safety manning of vessels

For the purposes of Part 3A of the Act, the safety manning of a vessel to which this Regulation applies shall be:

• (a)

  except as provided by paragraph (b)—as set out in the Tables to this Part, or

• (b)

  as determined under clause 26 by the Minister after consideration of the recommendations of a Manning Committee.

24Application for convening a Manning Committee(1)

The owner of a vessel to which this Part applies (being a vessel which is not included in the Tables to this Part) is guilty of an offence and liable to a penalty not exceeding $400 unless, at least 14 days before the vessel is placed into service, the owner applies to the Minister for a Manning Committee to be convened to consider the safety manning of the vessel.

(2)

The owner or master of a vessel to which this Part applies or an officer of the Minister or other person who has an interest in the navigation of the vessel may, at any time, apply to the Minister for a Manning Committee to be convened to consider the safety manning of the vessel.

(3)

An application may be made under subclause (2):

• (a)

  notwithstanding that the Minister has previously determined the safety manning of the vessel, and

• (b)

  whether or not the vessel is included in the Tables to this Part.

(4)

As soon as practicable after receiving an application under this clause, the Minister shall convene a Manning Committee.

(5)

The Minister shall not convene a Manning Committee on an application under subclause (2) unless the application relates only to the question of safety manning.

(6)

An application under this clause shall be in such form as the Minister approves and accompanied by such supporting material as the Minister requires.

25Recommendations by Manning Committee(1)

A Manning Committee convened by the Minister to consider the safety manning of a vessel shall, as soon as practicable after it is convened, consider and make recommendations to the Minister on the safety manning necessary to ensure the safe navigation of the vessel and the safe use of the equipment and machinery of the vessel in matters incidental to the navigation of the vessel.

(2)

For the purposes of any such recommendation, a Manning Committee shall take into account:

• (a)

  the equipment and machinery of the vessel,

• (b)

  the conditions under which the vessel is being, or is to be, operated, and

• (c)

  any other matter which, in the opinion of the Manning Committee, is relevant in the particular case.

(3)

For the purposes of any such recommendation, a Manning Committee may review and recommend the variation of any previous determination made by the Minister.

26Determination by Minister after receipt of recommendations by Manning Committee

(1)

The Minister may, after consideration of the recommendations of a Manning Committee, determine the safety manning of the vessel concerned.

(2)

Any such determination by the Minister shall:

• (a)

  be notified in writing to the person who applied for the determination to be made and to such other persons as the Minister determines, and

• (b)

  take effect on and from the date specified in the notification.

Division 3Manning Committees27Constitution of Manning Committees(1)

A Manning Committee convened to consider the safety manning of a vessel shall consist of 3 members, being:

• (a)

  a convenor,

• (b)

  a member representing the interests of the crew of the vessel, and

• (c)

  a temporary member representing the owner of the vessel.

(2)

A quorum for any meeting of a Manning Committee is 2 members.

28Convenor of Manning Committee(1)

The convenor of a Manning Committee shall be chosen by the Minister from a panel of 2 convenors appointed by the Minister, comprising:

• (a)

  an officer of the Minister who holds a certificate of competency as Master Class 1, or its equivalent, and

• (b)

  an officer of the Minister who holds a certificate of competency as Marine Engineer Class 1, or its equivalent.

(2)

The Minister when choosing the convenor of a Manning Committee shall, as far as is reasonably practicable:

• (a)

  choose the officer of the Minister referred to in subclause (1) (a) if the principal issue to be considered by the Manning Committee concerns the position of master, mate or a general purpose hand serving mainly on deck, and

• (b)

  choose the officer of the Minister referred to in subclause (1) (b) if the principal issue to be considered by the Manning Committee concerns the position of engineer or a general purpose hand serving mainly in the engine room.

29Member of Manning Committee representing the crew(1)

The member of a Manning Committee representing the interests of the crew of a vessel shall be chosen by the Minister from a panel of 8 members appointed by the Minister, comprising:

• (a)

  2 members or officers of the Seamens Union of Australia,

• (b)

  2 members or officers of the Firemen and Deckhands Association of New South Wales,

• (c)

  2 members or officers of the Merchant Service Guild of Australia, and

• (d)

  2 members or officers of the Australian Institute of Marine and Power Engineers.

(2)

The Minister when choosing the member of a Manning Committee representing the interests of the crew of a vessel shall, as far as is reasonably practicable, choose one of the members or officers of the trade union whose membership covers the positions on the vessel with which the Manning Committee will be principally concerned.

30Temporary member of Manning Committee

The temporary member of a Manning Committee convened to consider the safety manning of a vessel shall be the owner of the vessel or a person for the time being nominated by the owner.

31Alternate convenors and members (other than temporary members)(1)

The Minister may appoint persons qualified to be appointed as convenors or members of Manning Committees as alternate convenors or members.

(2)

If a convenor or a member of a Manning Committee is for any reason unavailable, an alternate convenor or member, if called upon by the Minister to act, shall be deemed to be the convenor or member of that Committee.

(3)

In this clause, member does not include a temporary member.

32Term of office etc of convenors or members (other than temporary members)(1)

The convenors and members of Manning Committees shall hold office for such period (not exceeding 3 years) as may be specified in their respective instruments of appointment by the Minister and, if otherwise qualified, are eligible for re-appointment.

(2)

The terms and conditions on which convenors and members of Manning Committees hold office shall, subject to their respective instruments of appointment, be as determined by the Minister.

(3)

In this clause, member does not include a temporary member.

33Vacation of office(1)

A person appointed by the Minister as a convenor or member (other than a temporary member) of a Manning Committee shall be deemed to have vacated office if the person:

• (a)

  dies,

• (b)

  is absent from any sitting of a Manning Committee on which he or she is chosen to serve unless the absence is caused by illness or other unavoidable cause,

• (c)

  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes any form of assignment for their benefit,

• (d)

  becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958, or a person under detention under Part 7 of that Act,

• (e)

  is convicted in New South Wales of an offence which is punishable by imprisonment of not less than 12 months, or is convicted in some other place of an offence which, if committed in New South Wales, would be an offence so punishable,

• (f)

  resigns the office by an instrument in writing addressed to the Minister,

• (g)

  attains the age of 65 years,

• (h)

  being the convenor, ceases to be an officer of the Minister,

• (i)

  being such a member, ceases to be a member or officer of the relevant trade union, or

• (j)

  is removed from office by the Minister.

(2)

The Minister may remove a convenor or member (other than a temporary member) of a Manning Committee from office.

34Voting(1)

All questions to be decided by a Manning Committee shall be decided by a majority of the votes of the members of that Committee present and voting.

(2)

The convenor of a Manning Committee shall have a deliberative vote and, in the event of an equality of votes, a casting vote.

Division 4Miscellaneous35General purpose hands(1)

For the purposes of safety manning, a person under 15 years of age is not qualified to be a GP on any vessel.

(2)

After the expiration of 2 years after the commencement of this Regulation, a person is not qualified, for the purposes of safety manning, to be a GP on any vessel unless the person:

• (a)

  maintains a written record of service on vessels containing the information shown in Schedule Five to Section 2 of the Code,

• (b)

  has produced a medical certificate that proves, to the satisfaction of the Minister, the medical fitness of the person to the standard required by Schedule Six to Section 2 of the code for an applicant for a certificate of competency, and

• (c)

  has completed a short course conducted by a body approved by the Minister which includes:

  • (i)

    elementary seamanship,

  • (ii)

    lifesaving,

  • (iii)

    fire fighting,

  • (iv)

    accident prevention on board ship,

  • (v)

    first-aid, and

  • (vi)

    general responsibilities to the vessel and all persons on board.

(3)

The requirements of subclause (2) (b) and (c) do not apply to a GP who has, on the date subclause (2) takes effect, been a GP for a total period of at least 1 year in the period of 3 years immediately preceding that date.

36Operators of special equipment(1)

In this clause:

special equipment means:

• (a)

  electronic navigation systems,

• (b)

  specialised propulsion, steering or engine control systems, and

• (c)

  automated or other equipment not normally fitted to a vessel.

(2)

For the purposes of safety manning, a person is not qualified to be a member of the crew who operates special equipment on a vessel unless the person has been trained in the operation of that equipment.

37Dissolution of Maritime Services Board—savings and transitional

Anything done by the Maritime Services Board or an officer of the Board under a provision of this Regulation before the dissolution of the Board by the Ports Corporatisation and Waterways Management Act 1995 that had any force or effect immediately before that dissolution is taken to have been done by the Minister or by an officer of the Minister, as the case requires.

Tables

(Clause 23)

Safety manning of vessels1

• (a)

  Certificated personnel are persons holding valid certificates of competency of the class prescribed in these Tables or of a higher class.

• (b)

  The certificate of competency must duly qualify (as defined in section 30C of the Act) the person to carry out the duties of the member of the crew concerned for all operations of the vessel on which the person serves.

2

• (a)

  Where for the chief mate position a command qualification of Master Class I, II or III is required by these Tables, a qualification of Master Class I, II or III (limited to sail as chief mate) is sufficient if the Minister so approves.

• (b)

  Where a Second Mate Class I or II or a Mate Class IV qualification is, under the Code, a superior watchkeeping qualification to a command qualification, the superior watchkeeping qualification is not sufficient for the command qualification required in the Chief Mate position under these Tables.

3

In the case of a vessel fitted with refrigeration equipment associated with the carriage of refrigerated commercial cargo, or the refrigerated commercial catch on a fishing vessel, a qualification required by these Tables of Marine Engine Driver Grade I or Grade II is not sufficient unless the relevant certificate has a refrigeration endorsement.

4

In the case of a vessel carrying pollutants or dangerous goods as cargo a qualification required by these Tables of master or chief engineer is not sufficient unless the relevant certificate has a special operations endorsement.

5

In the case of a Class 1 or a Class 2 vessel a qualification required by these Tables of master or mate is not sufficient unless the relevant certificate has a trading endorsement (except where clause 5 of section 2 of the Code (as modified by this Regulation) does not provide a class of certificate with a trading endorsement for the relevant class of certificate required by these Tables).

6

In the case of a Class 3 vessel a qualification required by these Tables of master or mate is not sufficient unless the relevant certificate has a fishing endorsement (except where clause 5 of Section 2 of the Code (as modified by these Regulations) does not provide a class of certificate with a fishing endorsement for the relevant class of certificate required by these Tables).

7

In the case of an air-cushioned vessel a qualification required by these Tables of master or chief engineer is not sufficient unless the relevant certificate has an air-cushioned vessels operations endorsement.

8

The duties of a GP required by these Tables may be either deck or engine room duties, or a combination of both.

9

In the case of the positions of mate and second mate on a Class 1, Class 2 or Class 3 vessel, the qualification of Mate Class IV is, under the Code, a superior qualification to Master Class V and satisfies a requirement in these Tables for a qualification of Master Class V in a watchkeeping capacity.

10

If one of the certificated deck personnel holds an engineering qualification required by these Tables (and marked “(see note 10)”), an additional GP may be carried in place of that engineer.

11

If one of the certificated deck personnel holds an engineering qualification required by these Tables (and marked “(see note 11)”), an additional GP may be carried in place of that engineer, except that if the vessel is less than 15 metres in length the additional GP is not required.

12

If one of the certificated deck personnel holds an engineering qualification required by these Tables (and marked “(see note 12)”), the engineer is not required.

13

In the case of a Class 3 vessel referred to in Part 2 of Table 3 (being 15 metres and over but less than 20 metres in length) the total safety manning may consist of a Master Class V and a GP if one of those crew members holds a Marine Engineer Driver Grade II certificate, unless the Minister requires an additional member of the crew holding that certificate because the vessel remains at sea for extended periods.

14

In these Tables:

voyage duration means:

• (a)

  for free running vessels—the period of time calculated by dividing the distance to be travelled on the voyage on the safest most direct route by 75% of the vessel’s normal cruising speed, and

• (b)

  for towing vessels—the period of time calculated by dividing the distance to be travelled on the voyage on the safest most direct route by 75% of the vessel’s normal towing speed.

Table 1Part 1CLASS 1 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING RESTRICTED OFFSHORE OPERATIONS (out to 30 nautical miles) AND VOYAGE DURATION OF LESS THAN 12 HOURS

Length (metres)	Deck Manning	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	25 and over but less than 35	Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	20 and over but less than 25	Engineer	Marine Engine Driver Grade II (see note 10)
15 m and over but less than 20 m	Master	Master Class V	15 and over but less than 20	Engineer	Marine Engine Driver Grade II (see note 12) or Marine Engine Driver Grade III (see note 12) but restricted up to and including inshore operations
10 m and over but less than 15 m	Master	Master Class V
Less than 10 m (restricted up to and including inshore operations)	Master	Coxswain	Less than 15	Engineer	Marine Engine Driver Grade III (see note 12) or Coxswain (see note 12) but restricted up to and including inshore operations

See Table 1, Part 4, for number of GPs to be carried

Part 2CLASS 1 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OFFSHORE OPERATIONS (only out to 100 nautical miles) AND VOYAGE DURATION BETWEEN 12 AND 24 HOURS

Length (metres)	Deck Manning	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	25 and over but less than 35	Chief Engineer	Marine Engine Driver Grade II
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	20 and over but less than 25	Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
15 m and over but less than 20 m	Master	Master Class V	15 and over but less than 20	Engineer	Marine Engine Driver Grade II (see note 10) or Marine Engine Driver Grade III (see note 11) but restricted up to and including inshore operations
Mate	Master Class V
10 m and over but less than 15 m	Master	Master Class V
Mate	Master Class V
Less than 15	Engineer	Marine Engine Driver Grade III (see note 12) or Coxswain (see note 12) but restricted up to and including inshore operations

See Table 1, Part 4, for number of GPs to be carried.

Part 3CLASS 1 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OFFSHORE OPERATIONS (only out to 100 nautical miles) AND VOYAGE DURATION OF OVER 24 HOURS

Length (metres)	Deck Manning	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	25 and over but less than 35	Chief Engineer	Marine Engine Driver Grade II
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade II
2nd Mate	Master Class V	3rd Engineer	Marine Engine Driver Grade III
20 m and over but less than 25 m	Master	Master Class IV	20 and over but less than 25	Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
2nd Mate	Master Class V	3rd Engineer	Marine Engine Driver Grade III (see note 11)
15 m and over but less than 20 m	Master	Master Class V	15 and over but less than 20	Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V
2nd Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
10 m and over but less than 15 m	Master	Master Class V	Less than 15	Engineer	Marine Engine Driver Grade III (see note 12) or Coxswain (see note 12) but restricted up to and including inshore operations
Mate	Master Class V
2nd Mate	Master Class V

See Table 1, Part 4, for number of GPs to be carried.

Part 4CLASS 1 VESSELS—NUMBER OF GPs TO BE CARRIED

Number of Passengers	Certificated Passengers	OPERATIONS
Sheltered Waters	Restricted Offshore (out to 30 n. miles)	Offshore (only out to 100 n. miles)
GPs	Up to 12 Hours GPs	12 to 24 Hours GPs	Over 24 Hours GPs
Up to 30	1
2	2	3
3	1	3
4	1	2
5	1	2
6	1	1
31 to 150	1	1	2
2	1	3	4
3	2	4
4	2	3
5	2	3
6	1	2
151 to 550	1	2	3
2	1	2	4	5
3	3	5
4	3	4
5	3	4
6	2	3
551 to 700	1	2
2	2	3	4	6
3	3	6
4	3	5
5	3	5
6	2	4

Table 2Part 1CLASS 2 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING RESTRICTED OFFSHORE OPERATIONS (out to 30 nautical miles) AND VOYAGE DURATION OF LESS THAN 12 HOURS

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	3 GP**	25 and over but less than 35	Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	2 GP	20 and over but less than 25	Engineer	Marine Engine Driver Grade II (see note 10)
15 m and over but less than 20 m	Master	Master Class V	1 GP	15 and over but less than 20	Engineer	Marine Engine Driver Grade II (see note 12) or Marine Engine Driver Grade III (see note 12) but restricted up to and including inshore operations
10 m and over but less than 15 m	Master	Master Class V	1 GP
Less than 10 m	Master	Master Class V*	1 GP (if towing)	Less than 15	Engineer	Marine Engine Driver Grade III (see note 12) or Coxswain (see note 12) but restricted up to and including inshore operations

* A Coxswain may be used in the place of the Master Class V but will be restricted up to and including inshore operations.

** In the case of a tug, may be reduced to 2 GP in sheltered water operations.

Part 2CLASS 2 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OFFSHORE OPERATIONS (only out to 100 nautical miles) AND VOYAGE DURATION OF BETWEEN 12 AND 48 HOURS

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	4 GP	25 and over but less than 35	Chief Engineer	Marine Engine Driver Grade II
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	2 GP	20 and over but less than 25	Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
15 m and over but less than 20 m	Master	Master Class V	1 GP	15 and over but less than 20	Engineer	Marine Engine Driver Grade II (see note 10) or Marine Engine Driver Grade III (see note 11) but restricted up to and including inshore operations
Mate	Master Class V
10 m and over but less than 15 m	Master	Master Class V	1 GP
Mate	Master Class V
Less than 10 m	Master	Master Class V*	1 GP (if towing)	Less than 15	Engineer	Marine Engine Driver Grade III (see note 12) or Coxswain (see note 12) but restricted up to and including inshore operations
Mate	Master Class V*

* 2 Coxswain may be used in place of the 2 Master Class V but will be restricted up to and including inshore operations.

Part 3CLASS 2 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OFFSHORE OPERATIONS (only out to 100 nautical miles) AND VOYAGE DURATION OF OVER 48 HOURS

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
35 m and over	As determined by Manning Committee	35 and over	As determined by Manning Committee
25 m and over but less than 35 m	Master	Master Class IV	4 GP	25 and over but less than 35	Chief Engineer	Marine Engine Driver Grade II
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade II
2nd Mate	Master Class V	3rd Engineer	Marine Engine Driver Grade III
20 m and over but less than 25 m	Master	Master Class IV	3 GP	20 and over but less than 25

Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
2nd Mate	Master Class V	3rd Engineer	Marine Engine Driver Grade III (see note 11)
15 m and over but less than 20 m	Master	Master Class V	2 GP	15 and over but less than 20	Chief Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V
2nd Mate	Master Class V	2nd Engineer	Marine Engine Driver Grade III (see note 11)
10 m and over but less than 15 m	Master	Master Class V	1 GP	Less than 15	Engineer	Marine Engine Driver Grade III (see note 11) or Coxswain (see note 12) but restricted up to and including inshore operations
Mate	Master Class V
2nd Mate	Master Class V
Less than 10 m	Master	Master Class V*	1 GP (if towing)
Mate	Master Class V*
2nd Mate	Master Class V*

* 3 Coxswain may be used in place of the 3 Master Class V but operations will be restricted up to and including inshore operations.

Table 3Part 1CLASS 3 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING INSHORE OPERATIONS (out to 15 nautical miles)

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
Over 80 m	As determined by Manning Committee	Over 80	As determined by Manning Committee
35 m and over but less than 80 m	Master	Master Class IV	1 GP	35 and over but less than 80	Engineer	Marine Engine Driver Grade I
Mate	Mate Class IV
25 m and over but less than 35 m	Master	Master Class IV	1 GP	25 and over but less than 35	Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	20 and over but less than 25	Engineer	Marine Engine Driver Grade II (see note 10)
15 m and over but less than 20 m	Master	Master Class V	1 GP	15 and over but less than 20	Engineer	Marine Engine Driver Grade III (see note 12)
10 m and over but less than 15 m	Master	Master Class V	Less than 15	Engineer	Coxswain (see note 12)
Less than 10 m	Master	Coxswain

Part 2CLASS 3 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OPERATIONS (only out to 100 nautical miles)

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
Over 80 m	As determined by Manning Committee	Over 80	As determined by Manning Committee
35 m and over but less than 80 m	Master	Master Class III	1 GP	50 and over but less than 80	Chief Engineer	Marine Engineer Class III
Mate	Mate Class IV	2nd Engineer	Marine Engine Driver Grade I
2nd Mate (if carried)	Mate Class IV	35 and over but less than 50	Chief Engineer	Marine Engine Driver Grade I
3rd Mate (if carried)	Mate Class IV	2nd Engineer	Marine Engine Driver Grade II
25 m and over but less than 35 m	Master	Master Class IV	2 GP	25 and over but less than 35	Engineer	Marine Engine Driver Grade II
20 m and over but less than 25 m	Master	Master Class IV	1 GP	20 and over but less than 25	Engineer	Marine Engine Driver Grade II (see note 10)
15 m and over but less than 20 m (see note 13)	Master	Master Class V	1 GP	15 and over but less than 20	Engineer	Marine Engine Driver Grade II (see note 10)
10 m and over but less than 15 m	Master	Master Class V	1 GP	Less than 15	Engineer	Marine Engine Driver Grade III (see note 12)
Less than 10 m	Master	Master Class V	1 GP (where out in excess of 12 hours)

Part 3CLASS 3 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING OFFSHORE OPERATIONS (out to 200 nautical miles)

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
Over 80 m	As determined by Manning Committee	Over 80	As determined by Manning Committee
35 m and over but less than 80 m	Master	Master Class III	1 GP	50 and over but less than 80	Chief Engineer	Marine Engineer Class III
Mate	Mate Class IV	2nd Engineer	Marine Engine Driver Grade I
2nd Mate (if carried)	Mate Class IV	35 and over but less than 50	Chief Engineer	Marine Engine Driver Grade I
3rd Mate (if carried)	Mate Class IV	2nd Engineer	Marine Engine Driver Grade II
25 m and over but less than 35 m	Master	Master Class IV	2 GP	25 and over but less than 35	Engineer	Marine Engine Driver Grade II
Mate	Master Class V
20 m and over but less than 25 m	Master	Master Class IV	1 GP	20 and over but less than 25	Engineer	Marine Engine Driver Grade II (see note 10)
Mate	Master Class V
Less than 20 m	Master	Master Class V endorsed to go beyond 100 miles to seaward	1 GP	Less than 20	Engineer	Marine Engine Driver Grade II (see note 10)

Part 4CLASS 3 VESSELS—FOR ALL OPERATIONAL AREAS UP TO AND INCLUDING AUSTRALIAN COASTAL AND MIDDLE WATER OPERATIONS (out to 600 nautical miles)

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning	Other Personnel
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
Over 80 m	As determined by Manning Committee	Over 80	As determined by Manning Committee
50 m and over but less than 80 m	Master	Master Class III	2 GP	50 and over but less than 80	Chief Engineer	Marine Engineer Class III	1 Engine room Assistant
Mate	Master Class III	2nd Engineer	Marine Engineer Class III
2nd Mate (if carried)	Mate Class IV	35 and over but less than 50	Chief Engineer	Marine Engine Driver Grade I
3rd Mate (if carried)	Mate Class IV	2nd Engineer	Marine Engine Driver Grade I
35 m and over but less than 50 m	Master	Master Class III	2 GP	25 and over but less than 35	Chief Engineer	Marine Engine Driver Grade I
Mate	Master Class III
2nd Mate (if carried)	Mate Class IV	2nd Engineer	Marine Engine Driver Grade II
3rd Mate (if carried)	Mate Class IV	20 and over but less than 25	Engineer	Marine Engine Driver Grade I
25 m and over but less than 35 m	Master	Master Class IV	1 GP	Less than 20	Engineer	Marine Engine Driver Grade II
Mate	Master Class V
20 m and over but less than 25 m	Master	Master Class IV	1 GP
Mate	Master Class V
Less than 20 m	Master	Master Class IV
Mate	Master Class V

Part 5CLASS 3 VESSELS—UNLIMITED OPERATIONS

Length (metres)	Deck Manning	Other Personnel	Engine Room Manning	Other Personnel
Certificated Personnel	Qualifying Numeral	Certificated Personnel
Duty	Qualification	Duty	Qualification
Over 80 m	As determined by Manning Committee	Over 80	As determined by Manning Committee
50 m and over but less than 80 m	Master	Master Class II	3 GP	50 and over but less than 80	Chief Engineer	Marine Engineer Class II	1 Engineroom Assistant
Mate	Master Class II
2nd Mate	Master Class III	2nd Engineer	Marine Engineer Watchkeeper
3rd Mate (if carried)	Master Class III	3rd Engineer	Marine Engineer Watchkeeper (Not required when engineroom unmanned)
35 m and over but less than 50 m	Master	Master Class II	2 GP	35 and over but less than 50	Chief Engineer	Marine Engineer Class III
Mate	Master Class II	2nd Engineer	Marine Engineer Class III
2nd Mate	Master Class III	20 and over but less than 35	Chief Engineer	Marine Engine Driver Grade I
3rd Mate (if carried)	Master Class III	2nd Engineer	Marine Engine Driver Grade II
25 m and over but less than 35 m	Master	Master Class II	1 GP	Less than 20	Engineer	Marine Engine Driver Grade I
Mate	Master Class IV
20 m and over but less than 25 m	Master	Master Class II
Mate	Master Class IV
Less than 20 m	Master	Master Class II
Mate	Master Class IV

Schedule 1Modifications to section 2 of the Code—qualifications conferred by certificates of competency, prerequisites for examinations and examination syllabuses

(Clauses 7 and 8)

After clause 5.5A, insert:

5.5B

Certificate of Competency as Master Class IV (N.S.W. Inland Waters)

5.5B.1

Acceptable basic qualification for command of vessels of less than 80 metres in length engaged in operations on inland waters.

5.5B.2Prerequisites

• (a)

  Qualifying Service:

  • (i)

    Candidate not holding any certificate of competency:

    • •

      2½ years of approved service, including 1 year of service on N.S.W. inland waters within the previous 5 years; or

  • (ii)

    Candidate holding a certificate of competency as Master Class V (N.S.W. inland waters) or other appropriate certificate of competency valid for inland waters:

    • •

      1 year of approved service including 6 months as mate of a vessel operating on inland waters while holding one of the above qualifications. One year of the total service must have been served within the previous 5 years.

  • (iii)

    Holder of other acceptable qualifications:

    • •

      a period of service appropriate to the qualification based on the above requirements.

• (b)

  Minimum Age: 20 years.

• (c)

  Compulsory Training and Qualifications:

  • •

    To qualify for issue of Certificate of Competency.

  • •

    In addition to obtaining a satisfactory pass in the examination subjects listed in paragraph 5.5B.3 candidates must satisfy the following requirements:

    • •

      Candidates whose first language is not English may be required to demonstrate their ability to communicate and write in the English language.

    • •

      Candidates must produce an acceptable certificate indicating a specified minimum standard of physical and medical fitness, including hearing and form and colour vision (see Schedule Six).

5.5B.3Examination Subjects:

The examination for a certificate of competency as Master Class IV (N.S.W. Inland Waters) shall be in accordance with the syllabuses and shall consist of:

Examination Subjects	Subject No	Pass Mark
Part B–1
Ship Knowledge	60%
Design and Construction	1
Stability	2
Maintenance and Repairs	3
Part C
Nautical Knowledge	60%
Marine Legislation	1
Meteorology	2
Protection of the Environment	3
Navigational Safety	4
Practical Seamanship	5
Vessel Handling	6
Safety Equipment and Emergency Procedures	7
Engineering	8

Omit “80 metres in length engaged in operations up to the Inshore limits, or of seagoing vessels of less than”.

Omit the paragraph.

Omit:

Engineering Knowledge 5 60%

Omit “, 4F and 5”, insert instead “and 4F”.

After clause 5.6, insert:

5.6A

Certificate of Competency as Master Class V (N.S.W. Inland Waters)

5.6A.1

Acceptable basic qualifications for:

• (a)

  Command of vessels of less than 20 metres in length engaged in operations on inland waters; and

• (b)

  Mate on vessels of less than 80 metres in length engaged in operations on inland waters.

5.6A.2

Prerequisites:

• (a)

  Qualifying Service:

  • (i)

    Candidate not holding any certificate of competency:

    • •

      1 year of approved service which must include at least 6 months in commercial vessels of less than 35 metres in length.

  • (ii)

    Holder of other acceptable qualifications:

    • •

      a period of service appropriate to the qualification based on the above requirements.

  • (iii)

    Local knowledge of Murray River or of any inland lake on which candidates will be examined is necessary.

• (b)

  Minimum Age: 18 years.

• (c)

  Compulsory Training and Qualifications:

  • •

    To qualify for issue of the certificate of competency

  • •

    In addition to obtaining a satisfactory pass in the examination subjects listed in paragraph 5.6A.3 candidates must satisfy the following requirements:

    • (i)

      Candidates whose first language is not English may be required to demonstrate their ability to communicate and write in the English language.

    • (ii)

      Candidates must produce an acceptable certificate indicating a specified minimum standard of physical and medical fitness, including hearing and form and colour vision (see Schedule Six).

5.6A.3Examination Subjects:

Same as for Master Class IV (N.S.W. Inland Waters) but to an appropriately lower standard with the omission of Section 8 of the syllabus for that Class. (The examination may be written and/or oral and a practical test may be given at the discretion of the examiner.)

After “length”, insert “and taking charge of the machinery of vessels of less than 15 QN”.

After clause 5.7, insert:

5.7A

Certificate of Competency as Coxswain (N.S.W. Inland Waters)

5.7A.1

Acceptable basic qualification for:

• •

  Command of vessels of less than 10 metres in length and taking charge of the machinery of vessels of less than 15 QN engaged in operations on inland waters.

5.7A.2

Prerequisites:

• (a)

  Qualifying service:

  • •

    6 months experience in small boats.

• (b)

  Minimum age: 18 years.

• (c)

  Compulsory Training and Qualifications:

  • •

    To qualify for issue of the certificate of competency

  • •

    In addition to obtaining a satisfactory pass in the examination subjects listed in paragraph 5.7A.3 candidates must satisfy the following requirement:

    • •

      Candidates must produce an acceptable certificate indicating a specified minimum standard of physical and medical fitness including hearing and form and colour vision (see Schedule Six).

Note:

If daylight hours only are sought, a colour vision test may not be required but the certificate will be endorsed accordingly.

5.7A.3

Examination Subjects:

• •

  The examination for a certificate of competency as Coxswain (N.S.W. Inland Waters) shall be in accordance with the syllabuses and shall consist of:

  Subject No
  Vessel Handling	1
  Emergency and Safety	2
  Safety Equipment	3
  Meteorology	4
  Engineering Knowledge	5
  Seamanship and Local Knowledge	6

Omit “first aid at sea”, insert instead “proficiency in first aid”.

After “Mathematics”, insert “(one 3 hour paper)”.

After “Knowledge” where firstly occurring, insert “(Motor or Steam, one 3 hour paper)”.

After “steam” where secondly occurring, insert “, one 2 hour paper”.

Omit “Master Class V”, insert instead “Marine Engine-Driver Grade III”.

After clause 5.12, insert:

5.13

Certificate of Competency as Marine Engine-Driver Grade III

5.13.1

Acceptable basic qualification for:

• (a)

  Taking charge of the machinery on vessels of less than 20 QN engaged in operations up to inshore limits;

• (b)

  Taking charge of the machinery on vessels of less than 15 QN engaged in operations up to 100 nautical miles offshore;

• (c)

  Second-in-charge of the machinery on vessels of less than 25 QN engaged in operations up to offshore limits; and

• (d)

  Third-in-charge of the machinery on vessels of less than 35 QN engaged in operations up to offshore limits.

5.13.2

Prerequisites:

• (a)

  Qualifying service:

  • •

    assisting in the service and operation of the propulsion machinery of a vessel of more than 7.5 QN for an approved period of not less than 6 months.

• (b)

  Compulsory Training and Qualifications:

  • •

    Before issue of the certificate of competency an applicant shall have:

    • •

      passed the requisite examination (subjects listed in paragraph 5.13.3);

    • •

      completed an approved shipboard safety course (see p. 73);

    • •

      attained the age of 18 years; and

    • •

      demonstrated an ability to communicate in the English language.

5.13.3

Examination Subjects.

• (a)

  The examination for a certificate of competency as Marine Engine-Driver Grade III shall be in accordance with the syllabuses and shall consist of:

  • •

    Engineering Knowledge (one-hour paper).

  • •

    Engineering Knowledge (Oral).

Omit “As for Master Class V.”, insert instead:

A practical knowledge of the operation of the mechanical equipment in the engine room of a small vessel, with particular reference to:

• (a)

  Marine internal combustion engines and their fittings, shafting and propellers, preparing for use.

• (b)

  Precautions necessary for the prevention of fire or explosion associated with the use of petrol, L.P. gas and distillate, and with the charging of batteries.

• (c)

  The action that should be taken in the event of fire or explosion, including the use of fire fighting appliances.

• (d)

  Cooling water and fuel systems, bilge pumping arrangements, including precautions against backflooding.

• (e)

  Care of low-voltage electrical systems, including batteries and accumulators.

• (f)

  Fuel consumption—estimation and calculation.

Omit “Master Class V.”, insert instead “Master Class IV and Mate Class IV Nautical Knowledge (Trading)”.

After Schedule 1, Part C (Nautical Knowledge (Fishing)—Master Class IV and Mate Class IV), insert:

PART B—1

SHIP KNOWLEDGE—MASTER CLASS IV

(N.S.W. INLAND WATERS)

(The examination may be written and/or oral and a practical test may be conducted at the discretion of the Examiner. Pass mark 60%.)

• (a)

  To know the principal parts of a vessel and their various functions.

• (b)

  Practical appreciation of how the watertight integrity of a vessel is maintained.

• (c)

  Practical knowledge of fuel, fresh water and ballast water arrangements, including pumping, cross flooding, sounding and venting facilities.

• (d)

  Practical knowledge of bilge pumping arrangements.

• (e)

  Practical knowledge of the steering arrangement of a vessel.

A general understanding of the effect on the stability of a vessel of: Adding and removing weights. Disposition of passengers. Ballast and fuel. Slack tanks. Free surface.

• (a)

  Methods of docking or slipping vessels.

• (b)

  Maintenance of vessel.

PART C

NAUTICAL KNOWLEDGE—MASTER CLASS IV

(N.S.W. INLAND WATERS)

(The examination may be both written and/or oral and a practical test may be conducted at the discretion of the Examiner. Pass mark 60%.)

• (a)

  Knowledge of the certificates required to be carried by vessels.

• (b)

  A working knowledge of the laws relating to the following:

  • •

    Lifesaving appliances

  • •

    Distress signals

  • •

    Rendering assistance

  • •

    Breaches of regulations re overloading

  • •

    Fire appliances

  • •

    Musters and drills

  • •

    Reporting of accidents

• (a)

  A knowledge of basic meteorological terms so that a candidate can interpret information obtained from radio broadcasts and by weather maps.

• (b)

  A knowledge of the effect of fetch on wave height.

• (c)

  Stable and unstable weather patterns.

A working knowledge of the laws relating to the protection of the environment including the pollution of the waters by oil and other materials. Management of sewage holding tanks.

• (a)

  A sound knowledge of the content and application of relevant Regulations and of channel and lock marking systems.

• (b)

  A knowledge of the content of publications and Marine Notices with respect to:

  • •

    Navigational warnings. Precautions concerning submarine cables and pipelines. Other information relating to the safe navigation of vessels on inland waters.

• (a)

  Knots, hitches and bends in common use.

• (b)

  Care in use of rope, wire and chains.

• (c)

  Safe handling of moorings.

• (a)

  Berthing and unberthing.

• (b)

  Conning the vessel; effect of propellers on the steering of a vessel; turning a vessel short round; negotiating locks.

• (c)

  Effect of current, wind and shallows on manoeuvring.

• (d)

  Manoeuvring a vessel including vessels with independent or fixed paddles.

• (e)

  Dangers of manoeuvring and passing too close to vessels in a narrow channel or river.

• (f)

  Emergency manoeuvres—emergency stop and person overboard.

• (g)

  Towing and being towed.

• (h)

  Duties when under way and alongside.

• (i)

  Approaching a ferry crossing.

• (a)

  Use and care of lifesaving appliances.

• (b)

  Use and care of fire fighting appliances.

• (c)

  Prevention of fire; fire fighting.

• (d)

  Action to be taken in the event of fire, collision, grounding and damage to the vessel.

• (e)

  Precautions for the protection and safety of passengers and crew in emergency situations.

• (f)

  Necessity of lines of communication on board.

A practical knowledge of the operation of the mechanical equipment in the engine room of a small vessel, with particular reference to:

• (a)

  Marine motor engines and their fittings, shafting and propellers, preparing for use.

• (b)

  Precautions necessary for the prevention of fire or explosion associated with the use of petrol, L.P. gas and distillate, and with the charging of batteries.

• (c)

  The action that should be taken in the event of fire or explosion, including the use of fire fighting appliances.

• (d)

  Cooling water and fuel systems, bilge pumping arrangements including precautions against back-flooding.

• (e)

  Care of low-voltage electrical systems, including batteries and accumulators.

• (f)

  Fuel consumption: estimation and calculation.

Omit the Part.

At the end of Schedule 1, insert:

PART C

EXAMINATION SYLLABUS—COXSWAIN

(N.S.W. INLAND WATERS)

(The examination shall be practical and/or oral)

Demonstrate by practical examination that the candidate can handle the proposed type or types of vessels for which a certificate is sought in all conditions that may be expected within the proposed limits sought.

• (a)

  Action to be taken in any emergency.

• (b)

  Steps to be taken if capsized or holed.

• (c)

  Rendering assistance—man overboard.

• (d)

  Seating, entering or leaving the boat by passengers.

• (e)

  Trim, stability and buoyancy.

• (f)

  Fuelling precautions and use of fuels including fuel with a flashpoint below 60°C. (Petrol.)

• (g)

  Artificial respiration, working knowledge of first-aid.

• (a)

  Use of safety equipment.

• (b)

  Use of fire extinguishers.

• (c)

  Statutory requirements for equipment.

• (d)

  Care and maintenance of equipment.

• (e)

  Use of distress signals.

Understanding of local weather conditions and seasonal changes in local weather and of stable and unstable weather patterns, strong wind and flood warnings.

• (a)

  Working knowledge of the propelling machinery.

• (b)

  The care and maintenance of engines and batteries.

• (c)

  Working knowledge of fuel filter systems.

• (d)

  Pumping and venting systems.

• (e)

  Precautions against fire associated with fuelling, battery leads, L.P. gas, etc.

Knowledge of:

• (a)

  Appropriate Regulations.

• (b)

  Lights and shapes and channel markers.

• (c)

  Lock or local signals.

• (d)

  Statutory requirements regarding registration of vessels and licensing of drivers and carriage of equipment, clear understanding of limitations of certificates.

• (e)

  Regulations for private boating and obligatory assistance, reporting accidents, etc.

• (f)

  Requirements for survey and maintenance of vessels and equipment.

• (g)

  Notices to Shipping.

• (h)

  Regulations made by any authority concerning the use of the waterway.

Local knowledge of the specific enclosed waterway or lake for which the candidate is examined.

After “MARINE ENGINE-DRIVER GRADE II”, insert:

MARINE ENGINE-DRIVER GRADE III.

Before “APPLIED MECHANICS-ENGINEER CLASS I”, insert:

All written and oral examinations in this Part shall have a pass mark of 60%.

After “Note: Candidates will be required to attempt one question based on item (o).”, insert:

ENGINEERING KNOWLEDGE—ENGINE-DRIVER GRADE III (1 hour written paper and an oral examination)

The candidate may be required to show a practical knowledge of the operation of the mechanical equipment in the engine room of a small vessel, with particular reference to:

• (a)

  Marine internal combustion engines and their fittings, shafting and propellers, preparing for use.

• (b)

  Precautions necessary for the prevention of fire or explosion associated with the use of petrol, L.P. gas and distillate, and with the charging of batteries.

• (c)

  The action that should be taken in the event of fire or explosion, including the use of fire fighting appliances.

• (d)

  Cooling water and fuel systems, bilge pumping arrangements, including precautions against back-flooding.

• (e)

  Care of low-voltage electrical systems, including batteries and accumulators.

• (f)

  Steering gear and deck machinery.

• (g)

  Fuel consumption: estimation and calculation.

Note.

Candidates will be required to attempt one question based on item (g).

Before the matter relating to Engine-Driver Gr. II, insert “Engine-Driver Gr. III” in the column headed “Grade of Certification” and insert opposite thereto “X” in the last column.

After “Marine Engine-Driver Grade II”, insert “Marine Engine-Driver Grade III”.

After “endorsement is granted.”, insert:

VESSELS 35 METRES AND OVER

At the end of the Schedule, insert:

VESSELS LESS THAN 35 METRESVESSEL TYPES

Vessels engaged in carrying pollutants or dangerous goods as cargo.

REQUIREMENTS FOR ENDORSEMENT

Applicants for endorsement of a certificate for special operations shall pass an oral examination in accordance with the following syllabus:

SPECIAL OPERATIONS ENDORSEMENT

(Oral examination: passmark 60%).

The candidate may be required to show a knowledge of:

• (a)

  Dangers associated with the carriage of pollutants or dangerous goods.

• (b)

  Emergency procedures to be adopted in the event of spillage of pollutants.

• (c)

  Dangers associated with static electricity during loading or discharge of liquid fuel oils.

• (d)

  Understanding of storage, venting and pumping of fuel oil.

• (e)

  Precautions to be observed before entering storage tanks.

• (f)

  The characteristics of liquid petroleum gas, methods of gas detection and evacuation of gas from confined spaces.

• (g)

  Precautions to be adopted to minimise the risk of L.P.G. explosion.

ENDORSEMENT OF CERTIFICATES FOR AIR-CUSHIONED VESSELS OPERATIONS

Applicants for endorsement of a certificate for air-cushioned vessels operations shall:

• (a)

  produce evidence of having received not less than 50 hours operational instructions from such person or organisation as may be approved by the Authority;

• (b)

  demonstrate by means of a practical test that they are capable of handling an air-cushioned vessel; and

• (c)

  demonstrate an appropriate knowledge of the mechanical and engineering operation of such a vessel.

Schedule 2Existing certificates—qualifications and restrictions

(Clause 10)

Existing certificates—qualifications and restrictions

Qualification	Duty	Measured Length or kW Power or Gross Tonnage	Operational Areas
Master, Coast Trade Ship	Master	Unrestricted Length	Unrestricted
First Mate, Coast Trade Ship	Master	Less than 20 metres	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Mate	Unrestricted Length	Unrestricted
Second Mate, Coast Trade Ship	Master	Less than 20 metres	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Mate	Over 15 but not exceeding 100 gross tonnage	Unrestricted
2nd Mate	Unrestricted Length	Unrestricted
Master, Harbour and River Ship	Master	Unrestricted Length	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Licence as Coxswain of Motor Boat	Master	Less than 20 metres	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Third Class Engineer (Ordinary)	Engineer	Unrestricted NHP	Sheltered operations
Not more than 50 NHP	Restricted to voyages between ports
Third Class Engineer (Motor)	Engineer	Unrestricted kW	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Not more than 210 kW	Restricted to voyages between ports
Marine Motor Engineer	Engineer	Unrestricted kW	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port
Licence as Driver of a Motor Boat	Engineer	Not more than 45 kW	Restricted up to 5 nautical miles to sea and 20 nautical miles North or South from the port of departure in fine and settled weather only but not to undertake voyages from port to port

Notes

• 1.

  Deck certificates may only be used on Class 1 or Class 2 vessels.

• 2.

  Engineering certificates may be used on Class 1, Class 2 or Class 3 vessels.

• 3.

  The holder of a certificate of competency as master, first mate, only mate or second mate in the mercantile marine in force immediately before the commencement of this Regulation and recognised by the Board is qualified to act as a coxswain of a motor boat, subject to the restrictions set out in the above Schedule relating to the holder of a licence as coxswain of a motor boat.

• 4.

  kW power:

  • (a)

    in the case of a multi-screw vessel of less than 35 metres in length, the propulsion engines of which are similar and designed for a continuous rotational speed of more than 1 200 revolutions per minute—means the maximum continuous rated power in kilowatts of the machinery provided for the propulsion of the vessel by one screw; and

  • (b)

    in a vessel not included in (a) above—means the total maximum continuous rated power in kilowatts of all the machinery provided for propulsion of the vessel.

Schedule 3Fees payable in connection with certificates of competency

(Clause 13)

Part 1Fees in respect of examinations

Column 1	Column 2	Column 3
Class of certificate or endorsement	Examination for which fee is payable	Fee $
Master Class 1, Master Class 1 (limited to sail as Chief Mate), Master Class 2, Master Class 2 (limited to sail as Chief Mate), Second Mate Class 1, Second Mate Class 2	All exams for the relevant class of certificate	452
Master Class 3 or Master Class 3 (limited to sail as Chief Mate)	All exams for the relevant class of certificate	452
Master Class 4 or Mate Class 4	All exams for the relevant class of certificate	413
Master Class 5	All exams for the relevant class of certificate	312
Coxswain	All exams for the relevant class of certificate	157
Marine Engineer Class 1, Marine Engineer Class 2 or Marine Engineer Watchkeeper	All exams for the relevant class of certificate	452
Marine Engineer Class 3	All exams for the relevant class of certificate	312
Marine Engine Driver Grade 1	All exams for the relevant class of certificate	312
Marine Engine Driver Grade 2	All exams for the relevant class of certificate	204
Marine Engine Driver Grade 3	All exams for the relevant class of certificate	108
All classes mentioned above	Where a single written or single oral supplementary exam is carried out for the relevant class of certificate	43
Certificate endorsed for either trading or fishing operations	Trading or fishing operations	108
Certificate endorsed for air-cushioned vessel operations	Air-cushioned vessel operations	108
Certificate endorsed for special operations	Special operations	108
Certificate endorsed for refrigeration operations	Engineering knowledge—written	108
Engineering knowledge—oral	108

Part 2Fees 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 satisfies examination requirements (or those requirements except for short courses) outside NSW	50
Recognition of certificates of other States etc under section 30L of the Act:
(a) by endorsement of certificate	17
(b) by notice certifying validity	36
Revalidation of certificate under section 30I of the Act	108
Issue of duplicate certificate under section 30H (4) of the Act for certificate lost or destroyed	108

Part 3Miscellaneous fees

Column 1	Column 2
Matter for which fee is payable	Fee $
Eyesight test conducted by the Minister to satisfy medical requirements for issue of certificate of competency	54
Re-assessment of written examination paper for issue of certificate of competency	26
Oral examination required on seamanship or coastal local knowledge in connection with certificate of competency	108
Application for review of the Minister’s decision under clause 6 of this Regulation	36
Record of service book	29
Where, at the request of the applicant for examination, a person acting on behalf of the Minister attends at a place where the officer would not, except in response to the request, have been engaged on official duties—travelling and accommodation expenses incurred by the officer because of that attendance	Such reasonable fee as may be deemed by the Minister to cover some or all of those expenses and was notified to the applicant at the time of the request
Issue of certificate of competency where the applicant has passed examinations conducted by another marine authority	83
Search fee—per item	43