Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009 (NSW)

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2009 No 354

New South Wales

Commercial Vessels Legislation

Amendment (Fees, Expenses and

Charges) Regulation 2009

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, MP

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 that are payable in respect of:

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

(c)

to increase certain fees, expenses and charges prescribed by the Commercial Vessels (Permits) Regulation 1986 that are payable in respect of:

(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 LW 31 July 2009	Page 1
2009 No 354
2009 No 354

Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009
Explanatory note

This Regulation is made under the Commercial Vessels Act 1979, including sections 15 (5), 17, 20 (3), 22 (5), 30, 30F (2) (a) (v), 30G (3), 30H (4), 30I (6), 38 (l) and 52 (the general regulation-making power) and, in particular, section 52 (1) (a) and (j).

Commercial Vessels Legislation Amendment (Fees, Expenses and	2009 No 354
Charges) Regulation 2009	Clause 1

Commercial Vessels Legislation Amendment (Fees,

Expenses and Charges) Regulation 2009

under the

Commercial Vessels Act 1979

1 Name of Regulation
This Regulation is the Commercial Vessels Legislation Amendment
(Fees, Expenses and Charges) Regulation 2009.

2 Commencement
This Regulation commences on 1 October 2009 and is required to be published on the NSW legislation website.

2009 No 354	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009
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

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 $
endorsement fee is payable
Master Class 1, Master Class 1 All exams for the relevant 442
(limited to sail as Chief Mate), class 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 442
(limited to sail as Chief Mate) class of certificate
Master Class 4 or Mate Class 4 All exams for the relevant 405
class of certificate
Master Class 5 All exams for the relevant 305
class of certificate
Coxswain All exams for the relevant 154
class of certificate
Marine Engineer Class 1, Marine All exams for the relevant 442
Engineer Class 2 or Marine class of certificate
Engineer Watchkeeper
Marine Engineer Class 3 All exams for the relevant 305
class of certificate
Marine Engine Driver Grade 1 All exams for the relevant 305
class of certificate
Marine Engine Driver Grade 2 All exams for the relevant 199
class of certificate

Commercial Vessels Legislation Amendment (Fees, Expenses and	2009 No 354
Charges) Regulation 2009
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 $
endorsement fee is payable
Marine Engine Driver Grade 3 All exams for the relevant 105
class of certificate
All classes mentioned above Where a single written or 42

single oral supplementary exam is carried out for the relevant class of certificate

Certificate endorsed for either Trading or fishing operations 105
trading or fishing operations
Certificate endorsed for

Air-cushioned vessel 105
air-cushioned vessel operations operations
Certificate endorsed for special

Special operations 105
operations
Certificate endorsed for

Engineering knowledge— 105
refrigeration operations written

Engineering knowledge— 105
oral

Part 2

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

Column 1 Column 2
Matter for which fee is payable Fee $
Issue of certificate under section 30H of the Act if the candidate 49
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 17
(b) by notice certifying validity 35

Revalidation of certificate under section 30I of the Act 105
Issue of duplicate certificate under section 30H (4) of the Act for 105
certificate lost or destroyed

2009 No 354	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009
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 53
requirements for issue of certificate of competency
Re-assessment of written examination paper for issue of certificate 26
of competency
Oral examination required on seamanship or coastal local 105
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of 35
this Regulation
Record of service book 28
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 81
examinations conducted by another marine authority
Search fee—per item 42

Commercial Vessels Legislation Amendment (Fees, Expenses and	2009 No 354
Charges) Regulation 2009
Amendment of Commercial Vessels (Load Lines) Regulation 1986	Schedule 2
Schedule 2	Amendment of Commercial Vessels (Load Lines) Regulation 1986

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

1 Initial survey and issue of load line certificate 327
2 Initial survey and issue of load line exemption certificate 327
3 Periodical survey 327
4 Periodical inspection 108

2009 No 354	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986

Schedule 3
Omit the Schedule. Insert instead:

Schedule 3 Fees, expenses and charges

(Clause 14)

Part 1 General

1 Replacement of a permit plate that has become $79
lost, illegible, damaged or destroyed
(section 15 (5) of the Act)
2 Investigation as to whether conditions should $279
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 for $141 per hour or part of an
that purpose hour
3 Work carried out in connection with:

(a)

an application for a permit and investigation of the application (including survey, examination, approval of plans, witnessing position
of draught marks, witnessing of
inclining tests, approval of stability
data, witnessing of vessel trials and
examination of information in
connection with approval of plans), or

(b)

an application for approval of prototype vessel plans:

For a vessel less than or equal to $144 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 in $300 per metre (or part of a
length metre) of length of the vessel

Commercial Vessels Legislation Amendment (Fees, Expenses and	2009 No 354
Charges) Regulation 2009
Amendment of Commercial Vessels (Permits) Regulation 1986	Schedule 3

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 in $74 per metre (or part of a
length metre) of length of the vessel
For a vessel more than 7.5 metres in length $141 per metre (or part of a
metre) of length of the vessel
5

Work associated with the repeated $141 per hour or part of an
re-examination of vessel survey plans hour
6

Investigation as to whether the suspension of a $141
permit was justified (section 22 (5) of the Act):

In addition, for any inspection of a vessel for $141 per hour or part of an
that purpose hour
7 Work carried out in respect of the survey of a vessel in accordance with its survey schedule (section 30 of the Act):

For a vessel less than or equal to 7.5 metres in $49 per metre (or part of a
length metre) of length of the vessel
For a vessel that is more than 7.5 metres in $72 per metre (or part of a
length but less than or equal to 15 metres in metre) of length of the vessel
length

For a vessel that is more than 15 metres in $87 per metre (or part of a
length metre) of length of the vessel
8

Issue of a replacement survey record book $188
(clause 10 (7))

9

Issue of a towage permit (clause 12): $72
In addition, for any inspection of a vessel for $141 per hour or part of an
that purpose hour
10

Inspection, where a defect or deficiency has $141 per hour or part of an
been revealed by a survey under section 28 of hour
the Act, for the purpose of ascertaining
whether the defect or deficiency has been
rectified
11

Inspection subsequent to repairs following $141 per hour or part of an
accident damage (section 29 (3) of the Act) hour
12

Preliminary inspection of an existing vessel for $235 (which is to be deducted
oral advice on survey requirements from any subsequent
application fee in relation to
the vessel)

2009 No 354	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986

13 Conversion of a deemed temporary permit to a $141 per metre

New South Wales permit (section 20 of the Act)
14 Reinstatement of suspended permits $141

15

Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres in $74 per metre (or part of a
length metre) of length of the vessel
For a vessel more than 7.5 metres in length $141 per metre (or part of a
metre) of length of the vessel

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

16 Survey or service carried out by a surveyor $70 per hour or part of an hour
outside normal working hours (including travelling time), subject to a minimum fee of $273 where the hours are not merely an extension of normal working hours
17 Attendance by a surveyor (at the request of an Such reasonable travel and
applicant for a vessel permit, or of a person accommodation expenses as
submitting a vessel for inspection or the issue are incurred by the surveyor
of a towage permit) otherwise than at a place or for the purposes of the
time at which the surveyor is normally attendance
engaged in official duties

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Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2009 (NSW)

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Column 1	Column 2	Column 3
Class of certificate or	Examination for which	Fee $
endorsement	fee is payable
Master Class 1, Master Class 1	All exams for the relevant	442
(limited to sail as Chief Mate),	class 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	442
(limited to sail as Chief Mate)	class of certificate
Master Class 4 or Mate Class 4	All exams for the relevant	405
class of certificate
Master Class 5	All exams for the relevant	305
class of certificate
Coxswain	All exams for the relevant	154
class of certificate
Marine Engineer Class 1, Marine	All exams for the relevant	442
Engineer Class 2 or Marine	class of certificate
Engineer Watchkeeper
Marine Engineer Class 3	All exams for the relevant	305
class of certificate
Marine Engine Driver Grade 1	All exams for the relevant	305
class of certificate
Marine Engine Driver Grade 2	All exams for the relevant	199
class of certificate

(a)	by endorsement of certificate	17
(b)	by notice certifying validity	35

Revalidation of certificate under section 30I of the Act	105
Issue of duplicate certificate under section 30H (4) of the Act for	105
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	53
requirements for issue of certificate of competency
Re-assessment of written examination paper for issue of certificate	26
of competency
Oral examination required on seamanship or coastal local	105
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of	35
this Regulation
Record of service book	28
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	81
examinations conducted by another marine authority
Search fee—per item	42

1	Initial survey and issue of load line certificate	327
2	Initial survey and issue of load line exemption certificate	327
3	Periodical survey	327
4	Periodical inspection	108

1	Replacement of a permit plate that has become	$79
lost, illegible, damaged or destroyed (section 15 (5) of the Act)
2	Investigation as to whether conditions should	$279
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 for	$141 per hour or part of an
that purpose	hour
3	Work carried out in connection with:

13	Conversion of a deemed temporary permit to a	$141 per metre
New South Wales permit (section 20 of the Act)
14	Reinstatement of suspended permits	$141
15	Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres in	$74 per metre (or part of a
length	metre) of length of the vessel
For a vessel more than 7.5 metres in length	$141 per metre (or part of a metre) of length of the vessel

16	Survey or service carried out by a surveyor	$70 per hour or part of an hour
outside normal working hours	(including travelling time), subject to a minimum fee of $273 where the hours are not merely an extension of normal working hours
17	Attendance by a surveyor (at the request of an	Such reasonable travel and
applicant for a vessel permit, or of a person	accommodation expenses as
submitting a vessel for inspection or the issue	are incurred by the surveyor
of a towage permit) otherwise than at a place or	for the purposes of the
time at which the surveyor is normally	attendance
engaged in official duties