Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008 (NSW)

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2008 No 146

New South Wales

Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008

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.

JOSEPH TRIPODI, M.P.,

Minister for Ports and Waterways

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 the 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 the fees, expenses and charges 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 increases are generally in line with movements in the Consumer Price Index.

Published in Gazette No 61 of 30 May 2008, page 4022	Page 1
2008 No 146
2008 No 146

Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008
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 provisions as are referred to in this Regulation.

Commercial Vessels Legislation Amendment (Fees, Charges and	2008 No 146
Expenses) Regulation 2008	Clause 1

Commercial Vessels Legislation Amendment (Fees,

Charges and Expenses) Regulation 2008

under the

Commercial Vessels Act 1979

1 Name of Regulation
This Regulation is the Commercial Vessels Legislation Amendment
(Fees, Charges and Expenses) Regulation 2008.

2 Commencement
This Regulation commences on 1 October 2008.

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 by omitting items 1–4 from Schedule 2 (Fees) and by inserting instead the following items:

1 Initial survey and issue of load line certificate 315
2 Initial survey and issue of load line exemption 315
certificate
3 Periodical survey 315
4 Periodical inspection 104

5 Amendment of Commercial Vessels (Permits) Regulation 1986
The Commercial Vessels (Permits) Regulation 1986 is amended as set out in Schedule 2.

2008 No 146	Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008
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 which fee Fee $
endorsement is payable
Master Class 1, Master Class 1 All exams for the relevant class 426
(limited to sail as Chief Mate), of certificate

Master Class 2, Master Class 2 (limited to sail as Chief Mate), Second Mate Class 1, Second Mate Class 2
Master Class 3 or Master Class 3 All exams for the relevant class 426
(limited to sail as Chief Mate) of certificate
Master Class 4 or Mate Class 4 All exams for the relevant class 390
of certificate
Master Class 5 All exams for the relevant class 294
of certificate
Coxswain All exams for the relevant class 148
of certificate
Marine Engineer Class 1, All exams for the relevant class 426
Marine Engineer Class 2 or of certificate
Marine Engineer Watchkeeper
Marine Engineer Class 3 All exams for the relevant class 294
of certificate
Marine Engine Driver Grade 1 All exams for the relevant class 294
of certificate

Commercial Vessels Legislation Amendment (Fees, Charges and	2008 No 146
Expenses) Regulation 2008
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 which fee Fee $
endorsement is payable
Marine Engine Driver Grade 2 All exams for the relevant class 192
of certificate
Marine Engine Driver Grade 3 All exams for the relevant class 102
of certificate
All classes mentioned above Where a single written or single 41
oral supplementary exam is
carried out for the relevant class
of certificate
Certificate endorsed for either Trading or fishing operations 102
trading or fishing operations

Certificate endorsed for Air-cushioned vessel operations 102
air-cushioned vessel operations
Certificate endorsed for special

Special operations 102
operations
Certificate endorsed for

Engineering knowledge— 102
refrigeration operations written

Engineering knowledge—oral 102

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 47
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 16
(b) by notice certifying validity 34

Revalidation of certificate under section 30I of the Act 102
Issue of duplicate certificate under section 30H (4) of the Act for 102
certificate lost or destroyed

2008 No 146	Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008
Schedule 1	Amendment of Commercial Vessels (Certificates of Competency and Safety Manning) Regulation 1986

Part 3 Miscellaneous fees

Column 1 Column 2
Matter for which fee is payable Fee $
Eyesight test conducted by the Minister to satisfy medical 51
requirements for issue of certificate of competency
Re-assessment of written examination paper for issue of certificate 25
of competency
Oral examination required on seamanship or coastal local 102
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of 34
this Regulation
Record of service book 27
Where, at the request of the applicant for examination, a person Such reasonable
acting on behalf of the Minister attends at a place where the officer fee as may be
would not, except in response to the request, have been engaged on deemed by the
official duties—travelling and accommodation expenses incurred Minister to
by the officer because of that attendance 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 78
examinations conducted by another marine authority
Search fee—per item 41

Commercial Vessels Legislation Amendment (Fees, Charges and	2008 No 146
Expenses) Regulation 2008
Amendment of Commercial Vessels (Permits) Regulation 1986	Schedule 2
Schedule 2	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 $76
become lost, illegible, damaged or
destroyed (section 15 (5) of the Act)
2 Investigation as to whether conditions $269
should be 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 $136 per hour or part of an hour
for that purpose
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 $139 per metre (or part of a
7.5 metres in length metre) of length of the vessel
For a vessel more than 7.5 metres $289 per metre (or part of a
in length metre) of length of the vessel

2008 No 146	Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008
Schedule 2	Amendment of Commercial Vessels (Permits) Regulation 1986

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:

For a vessel less than or equal to 7.5 metres $72 per metre (or part of a metre)
in length of length of the vessel
For a vessel more than 7.5 metres in length $136 per metre (or part of a

metre) of length of the vessel

5 Work associated with the repeated $136 per hour or part of an hour
re-examination of vessel survey plans
6 Investigation as to whether the suspension $136
of a permit was justified (section 22 (5) of
the Act):
In addition, for any inspection of a vessel $136 per hour or part of an hour
for that purpose

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 $47 per metre (or part of a metre)
in length of length of the vessel
For a vessel that is more than 7.5 metres in $70 per metre (or part of a metre)
length but less than or equal to 15 metres in of length of the vessel
length
For a vessel that is more than 15 metres in $84 per metre (or part of a metre)
length of length of the vessel
8 Issue of a replacement survey record book $181
(clause 10 (7))
9 Issue of a towage permit (clause 12): $69
In addition, for any inspection of a vessel $136 per hour or part of an hour
for that purpose
10 Inspection, where a defect or deficiency $136 per hour or part of an hour
has been revealed by a survey under
section 28 of the Act, for the purpose of
ascertaining whether the defect or
deficiency has been rectified
11 Inspection subsequent to repairs following $136 per hour or part of an hour
accident damage (section 29 (3) of the Act)
12 Preliminary inspection of an existing $227 (which is to be deducted
vessel for oral advice on survey from any subsequent application
requirements fee in relation to the vessel)

Commercial Vessels Legislation Amendment (Fees, Charges and	2008 No 146
Expenses) Regulation 2008
Amendment of Commercial Vessels (Permits) Regulation 1986	Schedule 2

13 Conversion of a deemed temporary permit $136 per metre
to a New South Wales permit (section 20 of
the Act)
14 Reinstatement of suspended permits $136

15

Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres $72 per metre (or part of a metre)
in length of length of the vessel
For a vessel more than 7.5 metres in length $136 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 $67 per hour or part of an hour
surveyor outside normal working hours (including travelling time), subject
to a minimum fee of $264 where
the hours are not merely an
extension of normal working hours
17 Attendance by a surveyor (at the request Such reasonable travel and
of an applicant for a vessel permit, or of a accommodation expenses as are
person submitting a vessel for inspection incurred by the surveyor for the
or the issue of a towage permit) otherwise purposes of the attendance
than at a place or time at which the
surveyor is normally engaged in official
duties

BY AUTHORITY

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Commercial Vessels Legislation Amendment (Fees, Charges and Expenses) Regulation 2008 (NSW)

Cases Citing This Decision

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1	Initial survey and issue of load line certificate	315
2	Initial survey and issue of load line exemption	315
certificate
3	Periodical survey	315
4	Periodical inspection	104

Column 1	Column 2	Column 3
Class of certificate or	Examination for which fee	Fee $
endorsement	is payable
Master Class 1, Master Class 1	All exams for the relevant class	426
(limited to sail as Chief Mate),	of certificate
Master Class 2, Master Class 2 (limited to sail as Chief Mate), Second Mate Class 1, Second Mate Class 2
Master Class 3 or Master Class 3	All exams for the relevant class	426
(limited to sail as Chief Mate)	of certificate
Master Class 4 or Mate Class 4	All exams for the relevant class	390
of certificate
Master Class 5	All exams for the relevant class	294
of certificate
Coxswain	All exams for the relevant class	148
of certificate
Marine Engineer Class 1,	All exams for the relevant class	426
Marine Engineer Class 2 or	of certificate
Marine Engineer Watchkeeper
Marine Engineer Class 3	All exams for the relevant class	294
of certificate
Marine Engine Driver Grade 1	All exams for the relevant class	294
of certificate

(a)	by endorsement of certificate	16
(b)	by notice certifying validity	34

Revalidation of certificate under section 30I of the Act	102
Issue of duplicate certificate under section 30H (4) of the Act for	102
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	51
requirements for issue of certificate of competency
Re-assessment of written examination paper for issue of certificate	25
of competency
Oral examination required on seamanship or coastal local	102
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of	34
this Regulation
Record of service book	27
Where, at the request of the applicant for examination, a person	Such reasonable
acting on behalf of the Minister attends at a place where the officer	fee as may be
would not, except in response to the request, have been engaged on	deemed by the
official duties—travelling and accommodation expenses incurred	Minister to
by the officer because of that attendance	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	78
examinations conducted by another marine authority
Search fee—per item	41

1	Replacement of a permit plate that has	$76
become lost, illegible, damaged or destroyed (section 15 (5) of the Act)
2	Investigation as to whether conditions	$269
should be 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	$136 per hour or part of an hour
for that purpose
3	Work carried out in connection with:

5	Work associated with the repeated	$136 per hour or part of an hour
re-examination of vessel survey plans
6	Investigation as to whether the suspension	$136
of a permit was justified (section 22 (5) of the Act):
In addition, for any inspection of a vessel	$136 per hour or part of an hour
for that purpose
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	$47 per metre (or part of a metre)
in length	of length of the vessel
For a vessel that is more than 7.5 metres in	$70 per metre (or part of a metre)
length but less than or equal to 15 metres in	of length of the vessel
length
For a vessel that is more than 15 metres in	$84 per metre (or part of a metre)
length	of length of the vessel
8	Issue of a replacement survey record book	$181
(clause 10 (7))
9	Issue of a towage permit (clause 12):	$69
In addition, for any inspection of a vessel	$136 per hour or part of an hour
for that purpose
10	Inspection, where a defect or deficiency	$136 per hour or part of an hour
has been revealed by a survey under section 28 of the Act, for the purpose of ascertaining whether the defect or deficiency has been rectified
11	Inspection subsequent to repairs following	$136 per hour or part of an hour
accident damage (section 29 (3) of the Act)
12	Preliminary inspection of an existing	$227 (which is to be deducted
vessel for oral advice on survey	from any subsequent application
requirements	fee in relation to the vessel)

13	Conversion of a deemed temporary permit	$136 per metre
to a New South Wales permit (section 20 of the Act)
14	Reinstatement of suspended permits	$136
15	Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres	$72 per metre (or part of a metre)
in length	of length of the vessel

16	Survey or service carried out by a	$67 per hour or part of an hour
surveyor outside normal working hours	(including travelling time), subject to a minimum fee of $264 where the hours are not merely an extension of normal working hours
17	Attendance by a surveyor (at the request	Such reasonable travel and
of an applicant for a vessel permit, or of a	accommodation expenses as are
person submitting a vessel for inspection	incurred by the surveyor for the
or the issue of a towage permit) otherwise	purposes of the attendance
than at a place or time at which the surveyor is normally engaged in official duties