Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 430 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1A—Other provisions about ship design and survey 31A Application of Act, pt 5, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 32 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 32 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of s 33 (Certificate for design and other documents to chief executive before building commences) . . . . . . . . . . . . . . . . . . . . . . 4 33 Certificate for design and other documents to chief executive before building commences . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 35 (Certificate ceases to have effect if further building, or need for further building) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Replacement of s 43 (Requirements for first registration etc. of commercial ship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 43 Requirements for first registration of commercial ship . . . . . . . . . . . 5 9 Replacement of s 46 (Requirements for first registration etc. of fishing ship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 46 Requirements for first registration etc. of fishing ship . . . . . . . . . . . 7

2 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 10 Amendment of s 56 (Chief executive may issue certificate of survey for ship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Omission of ss 95 to 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Insertion of new ss 95 to 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 95 Speed limit for ship operating near person in water etc. . . . . . . . . . 10 96 Speed limit if ship causing damage by its wash . . . . . . . . . . . . . . . . 10 97 No offence if ship operated at speed necessary for safety . . . . . . . . 11 13 Replacement of pt 5, div 8 heading (Exceptions for police officers etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Replacement of s 104 (Exceptions for police officers during emergency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 104 Certain operational and licensing provisions not to apply to enforcement officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Omission of s 105 (Ships operated by Queensland Police Service etc) . . . 12 16 Amendment of s 123 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Omission of sch 4 (General speed limits) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7A Design approval certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s5 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ˙ Short title 1. This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1996 . ˙ Commencement 2. Sections 4 to 10, 16, 18 and 19 commence on the day section 13 of the Transport Operations (Marine Safety) Amendment Act 1996 commences. ˙ Regulation amended 3. This regulation amends the TransportOperations(MarineSafety)Regulation 1995 . ˙ Insertion of new div 1A 4. After section 31— insert— ‘ Division 1A—Other provisions about ship design and survey ˙ ‘ Application of Act, pt 5, div 5 ‘ 31A. Part 5, division 5 1 of the Act applies to the ships mentioned in section 22(1).’. ˙ Replacement of s 32 (Application) 5. Section 32— omit, insert— ˙ ‘ Application ‘ 32. This division applies to a ship— 1 Part 5 (Registration, licensing, permits and accreditation), division 5 (Other provisions about ship design and survey)

s6 4 s7 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 (a) mentioned in section 22(1); or (b) registered under this regulation if— (i) the documents produced to the chief executive with the registration application are the documents mentioned in section 43(2)(c) or section 46(3)(c); and (ii) the ship is the subject of further building mentioned in section 23.’. ˙ Replacement of s 33 (Certificate for design and other documents to chief executive before building commences) 6. Section 33— omit, insert— ˙ ‘ Certificate for design and other documents to chief executive before building commences ‘ 33. A person (including an accredited ship builder) must not start building a ship, or part of a ship, unless the person has given the chief executive written notice of the person’s intention to build the ship together with— (a) a copy of the certificate of compliance for the design of the ship or part and the plans and other documents mentioned in the certificate; or (b) particulars of the design approval certificate for the ship, or part. Maximum penalty—100 penalty units.’. ˙ Amendment of s 35 (Certificate cease to have effect if further building, or need for further building) 7. Section 35, after ‘certificate of compliance’— insert— ‘or design approval certificate’.

s8 5 s8 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ˙ Replacement of s 43 (Requirements for first registration etc. of commercial ship) 8. Section 43— omit, insert— ˙ ‘ Requirements for first registration of commercial ship ‘ 43.(1) This section applies if— (a) an application is made to the chief executive to register a ship as a commercial ship; and (b) the ship— (i) has not previously been registered as a commercial ship under this regulation; or (ii) if it has been previously registered as a commercial ship under this regulation— (A) the registration was cancelled by the chief executive under part 6; or (B) the registration expired and more than 6 months has elapsed since the expiry. ‘ (2) If the ship is a ship mentioned in subsection (1)(b)(i), the chief executive may register it as a commercial ship only if its registration application is accompanied by— (a) certificates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited ship builder or an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design — (A) a design approval certificate for the ship; and (B) any other certificates of compliance for the design of the ship not covered by the design approval certificate;

s9 6 s9 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 (ii) certificates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certificate of survey for the ship issued— (i) under this regulation or the law of the Commonwealth or another State; or (ii) by a classification society. ‘ (3) Subsection (2)(a)(i) does not apply if— (a) a ship’s design has been approved under the laws of the Commonwealth or another State; and (b) the approved plans are submitted with the application. ‘ (4) However, if the ship is a commercial ship mentioned in subsection (1)(b)(ii), the chief executive may register it as a commercial ship if its registration application is accompanied by— (a) a certificate of compliance for survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the day the application was made; or (b) a current certificate of survey for the ship issued— (i) under section 56 or the law of the Commonwealth or another State; or (ii) by a classification society. ‘ (5) If a certificate of survey is issued by a classification society for a commercial ship and the certificate does not relate to the whole ship, the chief executive may only register the ship if its registration application is accompanied by a certificate of compliance mentioned in subsection (2)(a) or (4)(a) for those parts of the ship not covered by the certificate of survey.’. ˙ Replacement of s 46 (Requirements for first registration etc. of fishing ship) 9. Section 46— omit, insert—

s9 7 s9 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ˙ ‘ Requirements for first registration etc. of fishing ship ‘ 46.(1) This section applies if— (a) an application is made to the chief executive to register a ship over 10 m as a fishing ship; and (b) the ship— (i) has not previously been registered as a fishing ship under this regulation; or (ii) if it has been previously registered as a fishing ship under this regulation— (A) the registration was cancelled by the chief executive under part 6; or (B) the registration expired and more than 6 months has elapsed since the expiry. ‘ (2) However, this section does not apply if the ship— (a) is less than 14 m; and (b) operates only in a pilotage area; and (c) was built before 1 January 1988. ‘ (3) The chief executive may register a ship mentioned in subsection (1)(b)(i) as a fishing ship only if the application for registration of the ship is accompanied by— (a) certificates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited ship builder or an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design — (A) a design approval certificate for the ship; and (B) any other certificates of compliance for the design of the ship not covered by the design approval certificate;

s 10 8 s 10 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 (ii) certificates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certificate of survey for the ship issued— (i) under this regulation or the law of the Commonwealth or another State; or (ii) by a classification society. ‘ (4) Subsection (3)(a)(i) does not apply if— (a) a ship’s design has been approved under the laws of the Commonwealth or another State; and (b) the approved plans are submitted with the application. ‘ (5) However, if the ship is a fishing ship mentioned in subsection (1)(b)(ii), the chief executive may register it as a fishing ship if its registration application is accompanied by— (a) a certificate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the day the application was made; or (b) a current certificate of survey for the ship issued— (i) under section 56 or the law of the Commonwealth or another State; or (ii) by a classification society. ‘ (6) If a certificate of survey is issued by a classification society for a fishing ship and the certificate does not relate to the whole ship, the chief executive may only register the ship if its registration application is accompanied by a certificate of compliance mentioned in subsection (3)(a) or (5)(a) for those parts of the ship not covered by the certificate of survey.’. ˙ Amendment of s 56 (Chief executive may issue certificate of survey for ship) 10. Section 56(2)— omit, insert— ‘ (2) Before the chief executive may issue the certificate, the person

s 10 9 s 10 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 asking for it must give the chief executive— (a) certificates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design — (A) a design approval certificate for the ship; and (B) any other certificates of compliance for the design of the ship not covered by the design approval certificate; (ii) a certificate of compliance for survey for the whole ship issued by an accredited marine surveyor. ‘ (2A) The chief executive may issue the certificate only if— (a) the chief executive has been given the certificates or documents required under subsection (2); and (b) the chief executive has inspected the ship if the chief executive considers an inspection is necessary; and (c) the chief executive is satisfied the design or survey conforms with the requirements of any standard about ship design or survey made under part 4, division 2 of the Act and applying to the ship. ‘ (2B) However it is sufficient compliance with subsection (2)(a) if a person gives the chief executive a certificate of compliance for the survey of the whole ship, if the ship is a ship for which— (a) a replacement certificate has been, or could be, issued under section 191; or (b) design plans, subdivision and stability documents had been approved as part of an application for the survey and registration of the ship under the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 .’.

s 11 10 s 12 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ˙ Omission of ss 95 to 103 11. Sections 95 to 103— omit. ˙ Insertion of new ss 95 to 97 12. Part 5, after heading ‘Division 7—Speed limits and wash’— insert— ˙ ‘ Speed limit for ship operating near person in water etc. ‘ 95.(1) This section applies to a ship in waters— (a) within 30 m of any of the following— (i) a person in the waters; (ii) a ship at anchor, moored or made fast to the shore or aground; (iii) a jetty, wharf, boat ramp or pontoon in or on the waters; (iv) a float or structure exhibiting a code A flag or other commonly accepted signal indicating the presence of a diver in the waters; and (b) for which a speed limit of 6 knots or lower has not been stated under a gazette notice. ‘ (2) A person must not operate the ship at a speed of more than 6 knots. Maximum penalty—200 penalty units. ˙ ‘ Speed limit if ship causing damage by its wash ‘ 96. A person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing— (a) a marine incident; or (b) damage to the shoreline. Maximum penalty—200 penalty units.

s 13 11 s 14 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ˙ ‘ No offence if ship operated at speed necessary for safety ‘ 97. A person does not commit an offence against section 95 or 96 if— (a) a ship must be operated at a speed (the “ship’s control speed” ) more than the highest speed at which the ship may be operated under section 95 or 96 (the “statutory speed” ) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and (b) the person operated the ship at a speed more than the statutory speed only to the extent that it was reasonable for the safe operation of the ship.’. ˙ Replacement of pt 5, div 8 heading (Exceptions for police officers etc.) 13. Part 5, division 8, heading— omit, insert— ‘ Division 8—Certain provisions not applicable to enforcement officers ’. ˙ Replacement of s 104 (Exceptions for police officers during emergency) 14. Section 104— omit, insert— ˙ ‘ Certain operational and licensing provisions not to apply to enforcement officers ‘ 104.(1) This section applies to an enforcement officer who— (a) holds a licence to operate a commercial ship as its master; and (b) operates a ship in carrying out the officer’s duties. ‘ (2) Despite sections 58, 94 to 96, 179 and 180 the officer may, if reasonably necessary in performing the officer’s duties, operate the ship— (a) beyond the operational area stated in the officer’s licence; or (b) at any safe speed; or

s 15 12 s 18 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 (c) displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the Collision Regulations; or (d) in a place mentioned in section 179 or 180. ‘ (3) In this section— “enforcement officer” means— (a) a police officer; or (b) an officer of the Queensland Boating and Fisheries Patrol. “operate” a ship, includes anchor, berth and moor the ship.’. ˙ Omission of s 105 (Ships operated by Queensland Police Service etc) 15. Section 105— omit. ˙ Amendment of s 123 (Definition) 16. Section 123— insert— ‘(l) a design approval certificate.’. ˙ Omission of sch 4 (General speed limits) 17. Schedule 4— omit. ˙ Amendment of sch 7 (Fees) 18.(1) Schedule 7, after section 7— insert— ˙ ‘ Design approval certificates ‘ 7A.(1) This section sets the fee for issuing a design approval certificate.

s 19 13 s 19 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ‘ (2) The fees are as follows— (a) application fee for the issue of the certificate and if requested by the applicant, the giving of a quote for the design examination fee—$84.00; (b) design examination fee— (i) if an appropriately accredited ship designer has issued a certificate of compliance for the design and the certificate, or a copy of it, is given to the chief executive with the application—$75.00 an hour of examination time, to the nearest 15 minutes; (ii) otherwise—$100.00 an hour of examination time to the nearest 15 minutes. ‘ (3) Despite subsection (2)(b), if the chief executive has given a written quotation for the design examination fee and the applicant has accepted the quotation, the design examination fee is the lesser of— (a) the quoted fee; and (b) the fee that would otherwise be payable under subsection (2)(b) for the time taken to examine the design.’. (2) Schedule 7, section 8(2)(b)— omit, insert— ‘(b) for inspecting the ship (if necessary) and examining the documents required to be submitted with the application—$75.00 an hour of inspection or examination time (excluding travelling time) to the nearest 15 minutes; and (c) the reasonable travelling expenses for inspecting the ship; and (d) for issuing the certificate of survey—$6.50.’. ˙ Amendment of sch 11 (Dictionary) 19. Schedule 11— insert—

s 19 14 s 19 Transport Operations (Marine Safety) Amendment (No. 1) No. 430, 1996 ‘ “design approval certificate” means a certificate issued by the chief executive certifying that the chief executive has approved the design for a ship, or part of a ship, under section 70A of the Act.’. ENDNOTES 1. Made by the Governor in Council on 19 December 1996. 2. Notified in the gazette on 20 December 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 1996