Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010 (NSW)

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2010 No 544

New South Wales

Commercial Vessels Legislation

Amendment (Fees, Expenses and

Charges) Regulation 2010

under the

Commercial Vessels Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has approved the following Regulation made by the Minister administering the Commercial Vessels Act 1979.

ERIC ROOZENDAAL, MLC

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 the 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 24 September 2010	Page 1
2010 No 544
2010 No 544

Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010
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 (1) and 52 (the general regulation-making power).

Commercial Vessels Legislation Amendment (Fees, Expenses and	2010 No 544
Charges) Regulation 2010	Clause 1

Commercial Vessels Legislation Amendment (Fees,

Expenses and Charges) Regulation 2010

under the

Commercial Vessels Act 1979

1 Name of Regulation
This Regulation is the Commercial Vessels Legislation Amendment
(Fees, Expenses and Charges) Regulation 2010.

2 Commencement
This Regulation commences on 1 October 2010 and is required to be published on the NSW legislation website.

2010 No 544	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010
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
endorsement fee is payable Fee $
Master Class 1, Master Class 1 All exams for the relevant 452
(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 452
(limited to sail as Chief Mate) class of certificate
Master Class 4 or Mate Class 4 All exams for the relevant 413
class of certificate
Master Class 5 All exams for the relevant 312
class of certificate
Coxswain All exams for the relevant 157
class of certificate
Marine Engineer Class 1, Marine All exams for the relevant 452
Engineer Class 2 or Marine Engineer class of certificate
Watchkeeper
Marine Engineer Class 3 All exams for the relevant 312
class of certificate
Marine Engine Driver Grade 1 All exams for the relevant 312
class of certificate
Marine Engine Driver Grade 2 All exams for the relevant 204
class of certificate

Commercial Vessels Legislation Amendment (Fees, Expenses and	2010 No 544
Charges) Regulation 2010
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
endorsement fee is payable Fee $
Marine Engine Driver Grade 3 All exams for the relevant 108
class of certificate
All classes mentioned above Where a single written or 43

single oral supplementary exam is carried out for the relevant class of certificate
Certificate endorsed for either Trading or fishing operations 108
trading or fishing operations
Certificate endorsed for Air-cushioned vessel 108
air-cushioned vessel operations operations
Certificate endorsed for special Special operations 108
operations
Certificate endorsed for refrigeration Engineering knowledge— 108

operations written
Engineering knowledge—oral 108

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 50
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 36

Revalidation of certificate under section 30I of the Act 108
Issue of duplicate certificate under section 30H (4) of the Act for 108
certificate lost or destroyed

2010 No 544	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010
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 54
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 108
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of 36
this Regulation
Record of service book 29
Where, at the request of the applicant for examination, a person Such
acting on behalf of the Minister attends at a place where the officer reasonable fee
would not, except in response to the request, have been engaged on as may be
official duties—travelling and accommodation expenses incurred by deemed by the
the officer because of that attendance 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 83
examinations conducted by another marine authority
Search fee—per item 43

Commercial Vessels Legislation Amendment (Fees, Expenses and	2010 No 544
Charges) Regulation 2010
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 334
2 Initial survey and issue of load line exemption certificate 334
3 Periodical survey 334
4 Periodical inspection 111

2010 No 544	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010
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 lost, $80
illegible, damaged or destroyed (section 15 (5) of the
Act)
2 Investigation as to whether conditions should be $285
imposed on a deemed temporary permit (but only where
conditions are imposed under section 19 (3) (b) of the
Act):
In addition, for any inspection of a vessel for that $144 per hour or part
purpose of an hour
3 Work carried out in connection with:

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

For a vessel less than or equal to 7.5 metres in $147 per metre (or
length part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length $306 per metre (or part of a metre) of length of the vessel
4 Work carried out in connection with an application for a permit in respect of a vessel of a design or production run for which a prototype approval has previously been issued:

Commercial Vessels Legislation Amendment (Fees, Expenses and	2010 No 544
Charges) Regulation 2010
Amendment of Commercial Vessels (Permits) Regulation 1986	Schedule 3

For a vessel less than or equal to 7.5 metres in length

$76 per metre (or part of a metre) of length of the vessel

For a vessel more than 7.5 metres in length

$144 per metre (or part of a metre) of length of the vessel

5 Work associated with the repeated re-examination of $144 per hour or part
vessel survey plans of an hour
6 Investigation as to whether the suspension of a permit $144
was justified (section 22 (5) of the Act):
In addition, for any inspection of a vessel for that $144 per hour or part
purpose of an hour

7

Work carried out in respect of the survey of a vessel in accordance with its survey schedule (section 30 of the Act):

For a vessel less than or equal to 7.5 metres in length

$50 per metre (or part of a metre) of length of the vessel
For a vessel that is more than 7.5 metres in length but $74 per metre (or

less than or equal to 15 metres in length

part of a metre) of length of the vessel

For a vessel that is more than 15 metres in length

$89 per metre (or part of a metre) of length of the vessel
8 Issue of a replacement survey record book (clause 10 $192
(7))
9 Issue of a towage permit (clause 12): $73
In addition, for any inspection of a vessel for that $144 per hour or part
purpose of an hour
10 Inspection, where a defect or deficiency has been $144 per hour or part
revealed by a survey under section 28 of the Act, for the of an hour
purpose of ascertaining whether the defect or deficiency
has been rectified
11 Inspection subsequent to repairs following accident $144 per hour or part
damage (section 29 (3) of the Act) of an hour
12 Preliminary inspection of an existing vessel for oral $240 (which is to be
advice on survey requirements deducted from any
subsequent
application fee in
relation to the vessel)

2010 No 544	Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010
Schedule 3	Amendment of Commercial Vessels (Permits) Regulation 1986

13 Conversion of a deemed temporary permit to a New $144 per metre
South Wales permit (section 20 of the Act)
14 Reinstatement of suspended permits $144
15 Resurvey of vessel with cancelled survey permit:

For a vessel less than or equal to 7.5 metres in length

$76 per metre (or part of a metre) of length of the vessel

For a vessel more than 7.5 metres in length

$144 per metre (or part of a metre) of length of the vessel

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

16 Survey or service carried out by a surveyor outside $71 per hour or part
normal working hours of an hour (including
travelling time),
subject to a
minimum fee of
$279 where the
hours are not merely
an extension of
normal working
hours
17 Attendance by a surveyor (at the request of an applicant Such reasonable
for a vessel permit, or of a person submitting a vessel for travel and
inspection or the issue of a towage permit) otherwise accommodation
than at a place or time at which the surveyor is normally expenses as are
engaged in official duties incurred by the surveyor for the purposes of the attendance

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Commercial Vessels Legislation Amendment (Fees, Expenses and Charges) Regulation 2010 (NSW)

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Column 1	Column 2	Column 3
Class of certificate or	Examination for which
endorsement	fee is payable	Fee $
Master Class 1, Master Class 1	All exams for the relevant	452
(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	452
(limited to sail as Chief Mate)	class of certificate
Master Class 4 or Mate Class 4	All exams for the relevant	413
class of certificate
Master Class 5	All exams for the relevant	312
class of certificate
Coxswain	All exams for the relevant	157
class of certificate
Marine Engineer Class 1, Marine	All exams for the relevant	452
Engineer Class 2 or Marine Engineer	class of certificate
Watchkeeper
Marine Engineer Class 3	All exams for the relevant	312
class of certificate
Marine Engine Driver Grade 1	All exams for the relevant	312
class of certificate
Marine Engine Driver Grade 2	All exams for the relevant	204
class of certificate

operations	written Engineering knowledge—oral 108
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	50
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	36

Revalidation of certificate under section 30I of the Act	108
Issue of duplicate certificate under section 30H (4) of the Act for	108
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	54
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	108
knowledge in connection with certificate of competency
Application for review of the Minister’s decision under clause 6 of	36
this Regulation
Record of service book	29
Where, at the request of the applicant for examination, a person	Such
acting on behalf of the Minister attends at a place where the officer	reasonable fee
would not, except in response to the request, have been engaged on	as may be
official duties—travelling and accommodation expenses incurred by	deemed by the
the officer because of that attendance	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	83
examinations conducted by another marine authority
Search fee—per item	43

1	Initial survey and issue of load line certificate	334
2	Initial survey and issue of load line exemption certificate	334
3	Periodical survey	334
4	Periodical inspection	111

1	Replacement of a permit plate that has become lost,	$80
illegible, damaged or destroyed (section 15 (5) of the Act)
2	Investigation as to whether conditions should be	$285
imposed on a deemed temporary permit (but only where conditions are imposed under section 19 (3) (b) of the Act):
In addition, for any inspection of a vessel for that	$144 per hour or part
purpose	of an hour
3	Work carried out in connection with:

For a vessel less than or equal to 7.5 metres in length	$76 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length	$144 per metre (or part of a metre) of length of the vessel

5	Work associated with the repeated re-examination of	$144 per hour or part
vessel survey plans	of an hour
6	Investigation as to whether the suspension of a permit	$144
was justified (section 22 (5) of the Act):
In addition, for any inspection of a vessel for that	$144 per hour or part
purpose	of an hour
7	Work carried out in respect of the survey of a vessel in accordance with its survey schedule (section 30 of the Act):
For a vessel less than or equal to 7.5 metres in length	$50 per metre (or part of a metre) of length of the vessel
For a vessel that is more than 7.5 metres in length but	$74 per metre (or
less than or equal to 15 metres in length	part of a metre) of length of the vessel
For a vessel that is more than 15 metres in length	$89 per metre (or part of a metre) of length of the vessel
8	Issue of a replacement survey record book (clause 10	$192
(7))
9	Issue of a towage permit (clause 12):	$73
In addition, for any inspection of a vessel for that	$144 per hour or part
purpose	of an hour
10	Inspection, where a defect or deficiency has been	$144 per hour or part
revealed by a survey under section 28 of the Act, for the	of an hour
purpose of ascertaining whether the defect or deficiency has been rectified
11	Inspection subsequent to repairs following accident	$144 per hour or part
damage (section 29 (3) of the Act)	of an hour
12	Preliminary inspection of an existing vessel for oral	$240 (which is to be
advice on survey requirements	deducted from any subsequent application fee in relation to the vessel)

13	Conversion of a deemed temporary permit to a New	$144 per metre
South Wales permit (section 20 of the Act)
14	Reinstatement of suspended permits	$144
15	Resurvey of vessel with cancelled survey permit:
For a vessel less than or equal to 7.5 metres in length	$76 per metre (or part of a metre) of length of the vessel
For a vessel more than 7.5 metres in length	$144 per metre (or part of a metre) of length of the vessel

16	Survey or service carried out by a surveyor outside	$71 per hour or part
normal working hours	of an hour (including travelling time), subject to a minimum fee of $279 where the hours are not merely an extension of normal working hours
17	Attendance by a surveyor (at the request of an applicant	Such reasonable
for a vessel permit, or of a person submitting a vessel for	travel and
inspection or the issue of a towage permit) otherwise	accommodation
than at a place or time at which the surveyor is normally	expenses as are
engaged in official duties	incurred by the surveyor for the purposes of the attendance