Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 62 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 5, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 5A—Reporting ship movements to VTS 92A Definitions for div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 92B Application of div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 92C Entering pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 92D Navigating ship from berth or anchorage . . . . . . . . . . . . . . . . . . . . . . 5 92E Reaching destination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 92F Ships entering pilotage area using services of a pilot . . . . . . . . . . . 6 92G Ships navigating in pilotage area using services of a pilot . . . . . . . 6 92H Report requested by harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . 6 92I Obligation under s 153 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 92J Radio frequencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Insertion of new schs 3A and 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 3A PILOTAGE AREAS FOR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES

2 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 SCHEDULE 3B PILOTAGE AREAS FOR SMALL SHIPS 10 M OR MORE FOR VESSEL TRAFFIC SERVICES 5 Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s3 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 ˙ Short title 1. This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2000 . ˙ Regulation amended 2. This regulation amends the TransportOperations(MarineSafety)Regulation 1995 . ˙ Insertion of new pt 5, div 5A 3. After section 92— insert— ‘ Division 5A—Reporting ship movements to VTS ˙ ‘ Definitions for div 5A ‘ 92A. In this division— “area VTS” , for a pilotage area, means the vessel traffic services operated by the chief executive in the pilotage area. “dangerous cargo” means dangerous cargo under division 11. “radio” means VHF radio. “small ship” means a ship less than 35 m. ˙ ‘ Application of div 5A ‘ 92B. This division, other than section 92H, applies to a ship only if it is 1 of the following and is fitted with radio— (a) a ship that is 35 m or more; (b) a small ship (the “relevant ship” ) if— (i) it is combined with another small ship for propelling one of the ships; and (ii) the length of the combined ships is 35 m or more; and

s3 4 s3 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 (iii) the master of the relevant ship has command of the combination; (c) a small ship whose master asks for the services of a pilot; (d) a small ship whose master is directed by a harbour master to use the services of a pilot; (e) a small ship carrying dangerous cargo; (f) a small ship (the “relevant ship” ) if— (i) it is combined with another small ship for propelling one of the ships; and (ii) the length of the combined ships is less than 35 m and either of the ships is carrying dangerous cargo; and (iii) the master of the relevant ship has command of the combination; (g) a small ship that is a fishing ship that is 10 m or more and operating in a pilotage area or part of a pilotage area stated in schedule 3A; (h) a small ship that is 10 m or more and operating in a pilotage area or part of a pilotage area stated in schedule 3B. ˙ ‘ Entering pilotage area ‘ 92C. The master of a ship that is underway and entering, or about to enter, a pilotage area must report to the area VTS by radio the following particulars for the ship— (a) the ship’s name; (b) the ship’s position with reference to the closest aid to navigation; (c) the place in the pilotage area the ship is navigating to; (d) the name and quantity of all dangerous cargo the ship is carrying; (e) details of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment; (f) if requested by the harbour master for the area—

s3 5 s3 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 (i) the ship’s draught fore and aft; and (ii) the expected arrival time at the place the ship is navigating to. Maximum penalty—100 penalty units. ˙ ‘ Navigating ship from berth or anchorage ‘ 92D.(1) This section applies if the master of a ship that is at a berth, or at anchor, in a pilotage area is about to navigate the ship in the pilotage area. ‘ (2) The master must report to the area VTS by radio the following particulars for the ship— (a) the ship’s name; (b) the name of the berth, or if at anchor, the name of the anchorage or the position where the ship is anchored with reference to the closest aid to navigation; (c) if the ship is to leave the area—the place where it will leave the area; (d) if the ship is not leaving the area—the place the ship is navigating to; (e) the name and quantity of all dangerous cargo the ship is carrying; (f) details of damage to, and defects and deficiencies in, the ship that could affect the safety of the ship, a person or the environment; (g) if requested by the harbour master for the area— (i) the ship’s draught fore and aft; and (ii) the expected arrival time at the place the ship is navigating to. Maximum penalty for subsection (2)—100 penalty units. ˙ ‘ Reaching destination ‘ 92E.(1) When a ship mentioned in section 92C or 92D arrives at its destination in a pilotage area, its master must, as soon as practicable after the ship has been made fast or is anchored, report to the area VTS by radio the following particulars for the ship—

s3 6 s3 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 (a) if the ship is secured at a berth—the time at which the ship was fully secured; or (b) if the ship is anchored—the time at which the ship was brought up at anchor. Maximum penalty—100 penalty units. ‘ (2) Subsection (1) does not apply to a ship leaving a pilotage area. ‘ (3) However, when a ship leaves a pilotage area its master must report to the area VTS by radio the time of leaving the area. Maximum penalty for subsection (3)—100 penalty units. ˙ ‘ Ships entering pilotage area using services of a pilot ‘ 92F.(1) This section applies if a ship entering a pilotage area is to be navigated in the area using the services of a pilot. ‘ (2) As soon as practicable after the pilot transfers to the ship, its master must report to the area VTS by radio when the transfer was made. Maximum penalty for subsection (2)—100 penalty units. ˙ ‘ Ships navigating in pilotage area using services of a pilot ‘ 92G.(1) This section applies if a ship mentioned in section 92D is being navigated in the area using the services of a pilot. ‘ (2) As soon as practicable after the ship stops being navigated using the pilot’s services, its master must report to the area VTS by radio when the pilot transfers, or is expected to transfer from the ship. Maximum penalty for subsection (2)—100 penalty units. ˙ ‘ Report requested by harbour master ‘ 92H.(1) The harbour master of a pilotage area may direct the master of any ship navigating in the area and equipped with radio to report to the area VTS by radio the following particulars for the ship— (a) its name;

s4 7 s4 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 (b) its position by reference to an aid to navigation; (c) the place in the pilotage area to which it is navigating. ‘ (2) The ship’s master must not contravene the direction unless the master has a reasonable excuse. Maximum penalty for subsection (2)—200 penalty units. ˙ ‘ Obligation under s 153 not limited ‘ 92I. This division is in addition to and does not limit a person’s obligations under section 153. 1 ˙ ‘ Radio frequencies ‘ 92J. The radio frequencies used by an area VTS are stated in notices to mariners published by the department. 2 ’. ˙ Insertion of new schs 3A and 3B 4. After schedule 3— insert— 1 Section 153 (Owner or master to report shipping movements in pilotage area) 2 The notices are available for inspection at the offices of the department during normal office hours and on the department’s web site at on the internet.

s4 8 s4 Transport Operations (Marine Safety) Amendment (No. 1) No. 62, 2000 ‘ SCHEDULE 3A ‘ PILOTAGE AREAS FOR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES section 92B(g) Gladstone pilotage area 1. The following parts of the area— (a) South channel; (b) Gatcombe channel; (c) Auckland channel; (d) Auckland bypass channel; (e) Clinton channel; (f) Clinton bypass channel; (g) Targinnie channel. ‘ SCHEDULE 3B ‘ PILOTAGE AREAS FOR SMALL SHIPS 10 M OR MORE FOR VESSEL TRAFFIC SERVICES section 92B(h) Karumba pilotage area 1. The following parts of the area— (a) Karumba entrance channel;

s5 9 Transport Operations (Marine Safety) Amendment (No. 1) (b) Elbow Bank reach; (c ) Karumba Point reach.’. ˙ Amendment of sch 11 (Dictionary) 5. Schedule 11— insert— ‘ “area VTS” for part 5, division 5A, see section 92A. “radio” for part 5, division 5A, see section 92A. “small ship” for part 5, division 5A, see section 92A.’. s5 No. 62, 2000 ENDNOTES 1. Made by the Governor in Council on 13 April 2000. 2. Notified in the gazette on 14 April 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2000