Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2004 (Qld)

Queensland Subordinate Legislation 2004 No. 61 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 1) 2004 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE 7 FEES

s1 2 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation commences on 1 July 2004. 3 Regulation amended This regulation amends the TransportOperations(MarineSafety)Regulation 1995. 4 Replacement of sch 7 (Fees) Schedule 7— omit, insert — ‘SCHEDULE 7 ‘FEES section 186 ‘1 Accreditation of ship designers, ship builders and marine surveyors ‘ (1) This section sets the fees for accreditation of ship designers, ship builders and marine surveyors. ‘ (2) The fee for initial accreditation is the total of the following— (a) application fee—$187.15; (b) approval fee—$444.50. ‘ (3) The fee for an application for renewal of accreditation is $187.15. ‘ (4) The fee for an application for a replacement certificate of accreditation is $24.30.

s4 3 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 ‘2 Registration of recreational ships ‘ (1) This section sets the fees for registration of recreational ships. ‘ (2) The fee is the total of the registration and recreational use components. ‘ (3) The registration component for a recreational ship is— (a) for a ship not over 4.5 m—$46.35; or (b) for a ship over 4.5 m but not over 6 m—$81.15; or (c) for a ship over 6 m but not over 10 m—$115.95; or (d) for a ship over 10 m but not over 15 m—$139.10; or (e) for a ship over 15 m but not over 20 m—$173.90; or (f) for a ship over 20 m—$220.30. ‘ (4) The recreational use component for a recreational ship is $12.30. ‘3 Pensioner concessions ‘ (1) This section applies to the owner of a recreational ship. ‘ (2) The owner is exempt from paying the registration fee for 1 recreational ship if the owner receives a totally and permanently incapacitated war pension. ‘ (3) The owner is exempt from paying 50% of the registration component for 1 recreational ship if the owner holds a pensioner concession card or receives— (a) a full rate age pension; or (b) a disability support pension; or (c) an Australian/United Kingdom reciprocal pension; or (d) a service or general rate disability pension. ‘ (4) The owner is exempt from paying 50% of the registration component for 1 recreational ship if the owner holds a seniors card. ‘ (5) In this section— “pensioner concession card” means a card known as a pensioner concession card issued under a Commonwealth law. “seniors card” means a Queensland Government seniors card.

s4 4 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 ‘4 Registration of commercial ships ‘ (1) This section sets the fees for registration or renewal of registration of commercial ships. ‘ (2) The fee is the total of the registration, boating facilities and compliance monitoring components. ‘ (3) The registration component for a commercial ship is— (a) for a ship not over 4.5 m—$46.95; or (b) for a ship over 4.5 m—$80.80. ‘ (4) The boating facilities component for a commercial ship is as follows— (a) for a ship not over 10 m—$8.30 for each metre or part of a metre; (b) for a ship over 10 m but not over 35 m—$83.20 for the first 10 m plus $13.70 for each additional metre, or part of a metre; (c) for a ship over 35 m—$427.90. ‘ (5) The compliance monitoring component for class 1A, B, C, D and E ships and class 2A, B, C, D and E ships is as follows— (a) for a ship not over 7 m—$118.85; (b) for a ship over 7 m but not over 10 m—$291.20; (c) for a ship over 10 m but not over 15 m—$362.50; (d) for a ship over 15 m but not over 20 m—$445.70; (e) for a ship over 20 m but not over 25 m—$511.05; (f) for a ship over 25 m but not over 35 m—$576.40; (g) for a ship over 35 m but not over 50 m—$683.40; (h) for a ship over 50 m but not over 75 m—$736.85; (i) for a ship over 75 m but not over 100 m—$843.85; (j) for a ship over 100 m—$1051.80. ‘ (6) The compliance monitoring component for class 1F ships is as follows— (a) for a ship not over 7 m—$45.75; (b) for a ship over 7 m but not over 10 m—$77.25;

s4 5 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (c) for a ship over 10 m but not over 15 m—$114.10; (d) for a ship over 15 m but not over 20 m—$154.50; (e) for a ship over 20 m but not over 25 m—$225.80; (f) for a ship over 25 m but not over 35 m—$267.40; (g) for a ship over 35 m—$303.05. ‘ (7) The compliance monitoring component for commercial hovercraft is as follows— (a) for a hovercraft not over 5 m—$114.10; (b) for a hovercraft over 5 m but not over 7.5 m—$154.50; (c) for a hovercraft over 7.5 m but not over 10 m—$237.70; (d) for a hovercraft over 10 m but not over 15 m—$309.00; (e) for a hovercraft over 15 m but not over 20 m—$469.45; (f) for a hovercraft over 20 m but not over 30 m—$623.95; (g) for a hovercraft over 30 m—$778.45. ‘ (8) A ship owned by any of the following and used for rescue purposes is exempt from registration fees— (a) the emergency services department; (b) a volunteer marine rescue association or a surf lifesaving association accredited by that department. ‘ (9) A ship used exclusively for a marine studies course provided by a high school or secondary college (including a senior college) is exempt from registration fees. ‘5 Registration of fishing ships ‘ (1) This section sets the fees for registration of fishing ships. ‘ (2) The fee consists of the following amounts for compliance monitoring— (a) for a ship over 10 m but not over 15 m—$130.75; (b) for a ship over 15 m but not over 20 m—$356.55; (c) for a ship over 20 m but not over 25 m—$439.75;

s4 6 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (d) for a ship over 25 m but not over 35 m—$552.65; (e) for a ship over 35 m but not over 50 m—$683.40; (f) for a ship over 50 m but not over 75 m—$736.85; (g) for a ship over 75 m but not over 100 m—$843.85; (h) for a ship over 100 m—$1 051.80. ‘6 Other fees relating to registration of ship ‘ (1) This section sets other fees relating to the registration of a ship. ‘ (2) The fees are as follows— (a) for an application for a replacement certificate of registration for a commercial or fishing ship—$39.25; (b) for an extract from the register from information in the register— (i) on the day the application is made—$11.90; or (ii) on an earlier day—$19.00; (c) for an application for transfer of registration of a recreational ship—$17.95; (d) for a replacement registration label for a recreational ship—$10.60; (e) administration fee payable if the fee for renewal of registration of a recreational ship is paid after the expiry date—$10.25. ‘7 Restricted use flags ‘ (1) This section sets the fees for the issue and replacement of restricted use flags. ‘ (2) The fees are as follows— (a) for an initial flag, other than a flag mentioned in paragraph (c)—$172.35; (b) for a second or subsequent flag—$70.10; (c) for a flag for up to 1 month—$61.80; (d) for a replacement flag—$36.85.

s4 7 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 ‘8 Design approval certificates ‘ (1) The fees for issuing a design approval certificate are as follows— (a) application fee for the issue of the certificate and if requested by the applicant, the giving of a quotation for the design examination fee—$98.25; (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 general manager with the application—$87.75 an hour of examination time, to the nearest 15 minutes; or (ii) otherwise—$117.00 an hour of examination time to the nearest 15 minutes. ‘ (2) Despite subsection (1)(b), if the general manager 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 (1)(b) for the time taken to examine the design. ‘9 Certificates of survey ‘ (1) This section sets the fees for a certificate of survey. ‘ (2) The fees are as follows— (a) application fee for the issue of a certificate of survey—$99.80; (b) for inspecting the ship (if necessary) and examining the documents required to be given with the application—$87.75 an hour of inspection or examination time (excluding travelling time) to the nearest 15 minutes; (c) the reasonable travelling expenses for inspecting the ship; (d) for issuing the certificate of survey—$7.60.

s4 8 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 ‘10 Licence to operate commercial ship or fishing ship ‘ (1) This section sets the fees for a licence to operate a commercial ship or fishing ship as its master or to act as a crew member of a commercial ship or fishing ship. ‘ (2) The fees for full licences are as follows— (a) for a master class 3 or skipper grade 1—$184.20; (b) for a master class 4, mate class 4 or skipper grade 2—$184.20; (c) for a master class 5 or skipper grade 3—$130.75; (d) for a coxswain—$59.45; (e) for an engineer class 3—$231.75; (f) for a marine engine driver grade 1—$148.55; (g) for a marine engine driver grade 2—$109.35; (h) for a marine engine driver grade 3—$109.35. ‘ (3) The fees for subjects taken separately are as follows— (a) for a licence mentioned in subsection (2)(a) or (b)—$33.90; (b) for a licence mentioned in subsection (2)(c) or (d)—$26.75; (c) for another licence mentioned in subsection (2)—$54.05. ‘11 Licence to operate recreational ships ‘The fee for a licence to operate a recreational ship as its master is $33.95. ‘12 Pilot’s licence or exemption from pilotage ‘ (1) This section sets the fees for licences to have the conduct of a ship as its pilot or for the granting of an exemption from pilotage. ‘ (2) The fees for an application are as follows— (a) for an assessment for section 69 for a pilot’s licence—$166.40; (b) for an application for amendment of a pilot’s licence—$166.40; (c) for a pilotage exemption test under section 152(1)(c)(i) and (ii)—$166.40;

s4 9 s4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (d) for an application for an amendment of a pilotage exemption—$166.40. ‘ (3) The fee for issue of any of the following is $166.40— (a) a pilot’s licence; (b) an amended pilot’s licence; (c) a pilotage exemption. ‘13 Other fees relating to authorities ‘ (1) This section sets other fees relating to authorities. ‘ (2) The fees are as follows— (a) for the issue of a licence for a commercial ship or fishing ship if no written examination is required—$51.10; (b) for an application for a load line certificate for a ship—$106.95; (c) for an assessment for an application under section 74 1 for an amendment of a commercial ship licence—$208.00; (d) for an application for— (i) an eyesight or colour vision test for a licence, other than a recreational ship master’s licence—$17.25; or (ii) an additional condition on licences—$33.90; (e) for a sea time assessment—$34.50; (f) for an application for a temporary permit to operate a commercial ship or fishing ship as a master or crew member—$96.25; (g) for an application for a replacement recreational ship master’s licence—$14.70; (h) for an application for a replacement commercial ship licence, fishing ship licence, pilot’s licence or pilotage exemption—$25.55; (i) for an application for renewal of a commercial ship licence or fishing ship licence—$33.90; 1 Section 74 (Hovercraft)

s 4 10 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (j) for an application for renewal of pilot’s licence—$82.00; (k) for an application for renewal of pilotage exemption—$82.00. ‘14 Approval of entity to provide training ‘The fee for approval of an entity to conduct programs in the operation of ships is $338.50. ‘15 Pilotage fees ‘ (1) This section sets the fees for pilotage. ‘ (2) The fees are as follows— (a) for the Brisbane pilotage area— (i) per gross ton or part of a gross ton— (A) for the first 10 000 gt . . . . . . . . . . . . . . . . . 22.4c; (B) over 10 000 gt to 20 000 gt . . . . . . . . . . . . 13.2c; (C) over 20 000 gt to 30 000 gt . . . . . . . . . . . . . 8.6c; (D) over 30 000 gt . . . . . . . . . . . . . . . . . . . . . . . 2.4c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . . $769.60; (b) for the Southport, Maryborough, Hervey Bay, Port Douglas and Cooktown pilotage areas— (i) per gross ton or part of a gross ton— (A) for the first 20 000 gt . . . . . . . . . . . . . . . . . 10.9c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.7c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.2c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$388.55; (c) for the Bundaberg pilotage area— (i) for each gross ton or part of a gross ton— (A) for the first 20 000 gt . . . . . . . . . . . . . . . . . 10.5c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.5c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.1c;

s 4 11 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$376.05; (d) for the Gladstone, Port Alma and Townsville pilotage areas— (i) for each gross ton or part of a gross ton— (A) for the first 20 000 gt . . . . . . . . . . . . . . . . . 10.2c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.3c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 3.9c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$363.75; (e) for the Mackay pilotage area . . . . . . . . . . . . . . . $1 766.20; (f) for the Cairns pilotage area— (i) for each gross ton or part of a gross ton— (A) for the first 20 000 gt . . . . . . . . . . . . . . . . . 11.1c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.8c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.2c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$394.05; (g) for the Hay Point pilotage area—$1 165.85 plus 2.4c for each gross ton or part of a gross ton; (h) for the Abbot Point pilotage area—$1 165.85 plus 3.9c for each gross ton or part of a gross ton; (i) for the Lucinda and Mourilyan pilotage areas—$932.65 plus 7.0c for each gross ton or part of a gross ton; (j) for the Cape Flattery pilotage area—$1 165.85 plus 3.1c for each gross ton or part of a gross ton; (k) for the Thursday Island pilotage area— (i) up to 10 000 gt . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (ii) over 10 000 gt . . . . . . . . . . . . . . . . . . . . . . $2 564.85; (l) for the Weipa pilotage area— (i) for the first 40 000 gt—$932.65 plus 6.7c for each gross ton or part of a gross ton; (ii) over 40 000 gt—$3 590.80 plus 3.7c for each gross ton or part of a gross ton;

s 4 12 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (m) for the Karumba pilotage area—$699.50 plus 3.3c for each gross ton or part of a gross ton. ‘16 Other pilotage fees ‘ (1) This section sets other fees about pilotage. ‘ (2) The fees for the Brisbane, Southport, Maryborough, Hervey Bay, Port Douglas and Cooktown pilotage areas are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons 173.05 1 (ii) over 1 000 tons but not over 6 000 tons 326.25 1 (iii) over 6 000 tons but not over 10 000 tons 476.95 1 (iv) over 10 000 tons 668.70 1 $ 254.05 2 437.05 2 620.10 2 779.50 2 $ 332.45; 3 549.15; 3 747.15; 3 920.25; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the relevant pilotage area. ‘ (3) The fees for the Gladstone, Port Alma and Townsville pilotage areas are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons. . . . . . . . . 162.05 1 (ii) over 1 000 tons but not over 6 000 tons. . . . . . . . . . . . . . . . 305.45 1 (iii) over 6 000 tons but not over 10 000 tons. . . . . . . . . . . . . . . 446.50 1 (iv) over 10 000 tons. . . . . . . . . . . 626.05 1 $ 237.85 2 409.15 2 580.55 2 729.80 2 $ 311.30; 3 514.15; 3 699.50; 3 861.55; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘ (4) The fees for the Mackay pilotage area are as follows— (a) removal charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 766.20;

s 4 13 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘ (5) The fees for the Cairns pilotage area are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons. . . . . . . . . 176.05 1 (ii) over 1 000 tons but not over 6 000 tons. . . . . . . . . . . . . . . . 331.05 1 (iii) over 6 000 tons but not over 10 000 tons. . . . . . . . . . . . . . . 483.80 1 (iv) over 10 000 tons. . . . . . . . . . . 678.50 1 $ 257.65 2 443.00 2 628.35 2 790.45 2 $ 336.90; 3 557.25; 3 757.80; 3 932.65; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. 1 for the first 3 n miles 2 over 3 n miles up to 10 n miles 3 over 10 n miles ‘ (6) The fees for the Hay Point pilotage area are as follows— (a) removal charges—$1 165.85 plus 2.4c for each gross ton or part of a gross ton; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘ (7) The fees for the Thursday Island pilotage area are as follows— (a) removal charges— (i) up to 10 000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (ii) over 10 000 tons. . . . . . . . . . . . . . . . . . . . . . . . . . $2 564.85; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘ (8) The fees for the Weipa pilotage area are as follows— (a) removal charges— (i) for the first 40 000 tons—$932.65 plus 6.7c for each gross ton or part of a gross ton;

s 4 14 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (ii) over 40 000 tons—$3 590.80 plus 3.7c for each gross ton or part of a gross ton; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘ (9) The fees for the Karumba pilotage area are as follows— (a) removal charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. ‘17 Conservancy fees ‘The fees for conservancy are as follows— (a) for a ship on an interstate voyage, per gross ton or part of a gross ton— (i) for the first 500 gt . . . . . . . . . . . . . . . . . . . . . . . . . 9.4c; (ii) over 500 gt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.2c; (b) any other ship, per gross ton or part of a gross ton . . . . 15.2c. ‘18 Gross tonnage for certain ships ‘For sections 15 to 17, the gross tonnage of a ship stated in table A, column 1, with the Lloyds register number stated in table A, column 2, is the gross tonnage stated in table A, column 3. Table A Column 1 Column 2 Column 3 Ship Lloyds No. Tonnage Texas 8204963 26790 Toba 7705972 20623 Taiko 8204975 27902 Tourcoing 7705946 21054 Tapiola 7705934 21049

s 4 15 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 Tampa Tampere Nedlloyd Rochester CGM Renoir CGM Ronsard 8204951 7718577 7704605 7702877 7702889 26790 21318 19072 15632 15632 ‘19 Interest rate ‘The interest rate for section 161 2 is 10% a year. ‘20 Buoy mooring authority ‘ (1) This section sets the fees for a buoy mooring authority. ‘ (2) The application fee is the total of the assessment and occupation components. ‘ (3) The assessment component is $57.95. ‘ (4) The occupation component is— (a) for a restricted buoy mooring authority— (i) for a category 2 area—$57.95; or (ii) for a category 3 area—$34.80; or (b) for an unrestricted buoy mooring authority— (i) for a category 2 area—$115.95; or (ii) for a category 3 area—$57.95. ‘ (5) The renewal fee is— (a) for a restricted buoy mooring authority— (i) for a category 2 area—$57.95; or (ii) for a category 3 area—$34.80; or (b) for an unrestricted buoy mooring authority— 2 Section 161 (Interest on unpaid fees)

s 4 16 s 4 Transport Operations (Marine Safety) Amendment No. 61, 2004 Regulation (No. 1) 2004 (i) for a category 2 area—$115.95; or (ii) for a category 3 area—$57.95. ‘21 Concession for particular unrestricted buoy mooring authorities ‘ (1) This section applies if the holder of an unrestricted buoy mooring authority who carries on a business allows business clients to use the mooring free of charge. ‘ (2) The application or renewal fee for the authority, for each mooring after the first 5 moorings, is— (a) in a category 2 area—$46.35; or (b) in a category 3 area—$34.80. ‘22 Authority to conduct aquatic events ‘The fees for an authority to conduct an aquatic event are as follows— (a) for an application for an authority to conduct an aquatic event, unless paragraph (b) applies—$23.40 for each event; (b) for an application by a genuine boating or sporting club for an authority to conduct an aquatic event for an events program that is not longer than 3 months, is held at the same venue and where the conditions imposed under the authority for each event in the program are substantially the same conditions—$23.40. ‘23 Administration fee on registration refund ‘The administration fee on a refund of a ship’s registration fee under section 187 3 is $11.05.’. 3 Section 187 (Refund of fees on surrender of ship’s registration)

17 Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2004 No. 61, 2004 ENDNOTES 1. Made by the Governor in Council on 20 May 2004. 2. Notified in the gazette on 21 May 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2004