Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 431 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 2) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 6 (All ships in Queensland waters to be equipped with an EPIRB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 7 (Commercial ships to comply with Code with changes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 10 (Fishing ships to comply with Code with changes) . . 8 7 Amendment of s 13 (Application of division) . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of s 14 (Signalling devices for recreational ships on the water at night) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Amendment of s 16 (Safety equipment for recreational ship operating in partially smooth waters and beyond) . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 21 (Life jacket and PFD sizes) . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 22 (Application of Act, pt 5, div 4) . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 25 (Categories of accreditation (ship designer)) . . . . . . . 10 13 Amendment of s 27 (Categories of accreditation (marine surveyor)) . . . . . 11 14 Amendment of s 28 (Hulls and superstructures taken to be of a certain material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Amendment of s 29 (Authority given by accreditation) . . . . . . . . . . . . . . . . 11

2 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 16 Amendment of s 31 (Accredited person to take out public liability insurance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Amendment of s 36 (Copy of certificate to chief executive) . . . . . . . . . . . 12 18 Amendment of s 37 (Application of Act, pt 5, div 2) . . . . . . . . . . . . . . . . . . 12 19 Replacement of s 44 (Exception for certain ships with positive flotation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 44 Exception for certain ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Replacement of s 50 (Registration certificate etc. for registered commercial or fishing ship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 50 Displaying registered commercial or fishing ship’s registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 51 (Registration label for registered recreational ship) . . 14 22 Amendment of s 52 (Markings for tender to commercial, fishing or recreational ship if tender not required to be registered) . . . . . . . . . . . . . 14 23 Amendment of s 53 (Authority to use restricted use flag) . . . . . . . . . . . . . . 15 24 Amendment of s 57 (Application of Act, pt 5, div 3) . . . . . . . . . . . . . . . . . . 15 25 Amendment of s 58 (Licence required to operate etc. commercial ship) . . 15 26 Replacement of s 59 (Chief engineers licensing exceptions for commercial ships in certain places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 59 Licensing exceptions for commercial ships in certain places . . . . . 16 27 Amendment of s 60 (Licence required to operate etc. fishing ship) . . . . . . 17 28 Amendment of s 61 (Licensing exceptions (fishing ship’s master)) . . . . . . 17 29 Amendment of s 62 (Licensing exceptions (fishing ship’s chief engineer)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30 Amendment of pt 5, div 2 (Operational areas and passenger numbers) . . . 18 31 Amendment of s 79 (Operational area of commercial or fishing ships) . . . 18 32 Amendment of s 80 (Commercial ship not to carry excess passengers) . . . 19 33 Amendment of s 86 (Ship not to be operated unless load line certificate issued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 34 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 86A Displaying ship’s load line certificate . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Amendment of s 89 (Renewal of load line certificate) . . . . . . . . . . . . . . . . 20

3 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 36 Insertion of new division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 12—Other operational issues 122A Start of certain business activities to be notified . . . . . . . . . . . . . . . 20 37 Amendment of s 125 (Chief executive to decide application within 28 days) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 38 Amendment of s 147 (Certain sections about authorities apply to transfer of ship’s registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Insertion of new s 151A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 151A Master to give pilotage charge to pilot . . . . . . . . . . . . . . . . . . . . . . . 22 40 Insertion of new s 155A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 155A Pilotage fees if pilotage cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Amendment of s 157 (Conservancy dues for ships) . . . . . . . . . . . . . . . . . . . 22 42 Replacement of s 160 (When fees become payable) . . . . . . . . . . . . . . . . . . 23 160 Time for paying fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 43 Replacement of s 161 (Interest on unpaid fees) . . . . . . . . . . . . . . . . . . . . . . 23 161 Interest on unpaid fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 44 Amendment of s 165 (Limitation on exercise of power under this part) . . . 23 45 Amendment of s 181 (Water skiing etc. prohibited in certain waters) . . . . 23 46 Amendment of s 182 (Operation of ship by unlicensed person) . . . . . . . . . 23 47 Amendment of s 183 (Water skiing or riding on toboggan or tube) . . . . . . 24 48 Insertion of new ss 187A and 187B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 187A Safety equipment for ships under a standard practice instruction . . 24 187B Design and construction of ships under a standard practice instruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 49 Amendment of s 190 (PFD’s and flares for recreational ships) . . . . . . . . . . 25 50 Amendment of s 191 (Existing certificates of survey) . . . . . . . . . . . . . . . . . 26 51 Amendment of s 196 (Applications under existing regulations) . . . . . . . . . 26 52 Amendment of s 197 (Interim power of chief executive to increase quantity of dangerous goods handled in pilotage area) . . . . . . . . . 26 53 Replacement of sch 1 (Declaration about ship’s seaworthiness) . . . . . . . . 26 SCHEDULE 1 DECLARATION ABOUT SHIP’S SEAWORTHINESS 54 Amendment of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

4 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 55 Insertion of new sch 7, s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 16A Interest rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 56 Insertion of new sch 7, ss 20 and 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 20 Aquatic events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 21 Administration fee on registration refund . . . . . . . . . . . . . . . . . . . . . . 39 57 Replacement of sch 8 (Partially smooth waters) . . . . . . . . . . . . . . . . . . . . . 39 SCHEDULE 8 PARTIALLY SMOOTH WATERS 1 Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 2 Maryborough . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 3 Gladstone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4 Keppel Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 5 Mackay/Hay Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 6 Bowen, Whitsunday Passage and Edgecumbe Bay . . . . . . . . . . . . . 42 7 Upstart Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 8 Townsville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 9 Palm Isles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 10 Rockingham Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 11 Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 12 Port Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 13 Thursday Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 14 Weipa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 15 Karumba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 58 Replacement of sch 9 (Smooth waters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SCHEDULE 9 SMOOTH WATERS 1 Brisbane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2 Maryborough . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 3 Gladstone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 4 Port Alma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 5 Bowen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 6 Lucinda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

5 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 7 Mourilyan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 8 Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 9 Port Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 10 Cooktown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 11 Thursday Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 12 Weipa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 13 Karumba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 59 Replacement of sch 10 (Torres Strait Zone) . . . . . . . . . . . . . . . . . . . . . . . . . 50 SCHEDULE 10 TORRES STRAIT ZONE 60 Insertion of new sch 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 SCHEDULE 10A FISHING SHIP OPERATIONAL AREA 61 Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

s1 6 s5 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Short title 1. This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1996 . ˙ Commencement 2.(1) Section 5(4) is taken to have commenced on 1 January 1996. (2) Section 54(6) commences on 1 January 1997. ˙ Regulation amended 3. This regulation amends the TransportOperations(MarineSafety)Regulation 1995 . ˙ Amendment of s 6 (All ships in Queensland waters to be equipped with an EPIRB) 4. Section 6— insert— ‘ (4 ) If the EPIRB has an expiry date by which it should be serviced or replaced, it must be serviced or replaced before the expiry date. ‘ (5) If the EPIRB is not serviced or replaced as required by subsection (4), the ship is taken not to be equipped with an EPIRB.’. ˙ Amendment of s 7 (Commercial ships to comply with Code with changes) 5.(1) Section 7(1)— insert— ‘(c) a commercial ship mentioned in section 37(2), other than in paragraph (aa).’. (2) After section 7(2)—

s5 7 s5 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 insert— ‘ (2A) For subsection (2), a reference in section 11 of the Code to a portable fire extinguisher is taken to be a reference to a fire extinguisher that— (a) complies with Australian Standard 1850; and (b) has a rating of at least 2A30B(E).’. (3) Section 7(4)(d)— omit. (4) After section 7(4)— insert— ‘ (4A) Subject to section 4(b) and (c), if the ship is a class 1F ship— (a) when operating within partially smooth waters—the ship must be equipped as if it were a class 2D ship; or (b) when operating within smooth waters—the ship must be equipped as if it were a class 2E ship; or (c) when operating beyond partially smooth waters, the ship must be equipped as if it were a class 2C ship with the following exceptions— (i) the ship need not be fitted with the life rafts required for a class 2C ship if it has a tender, liferaft or lifeboat able to carry everyone on board the ship and the tender, liferaft or lifeboat has positive flotation and is marked or coloured in a way that helps to make it visible in the water; and (ii) if the ship operates only during daylight hours, a coastal lifejacket required under section 10 of the Code need not be fitted with a light; or (d) if the ship is less than 6 m—the ship must be equipped as required for a recreational ship under sections 15, 16 or 18.’. (5) Section 7(9)— omit, insert— ‘ (9) However, if the ship is required under subsection (3) to be equipped

s6 8 s6 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 with lifeboats, life rafts or buoyant appliances, the requirement does not apply if the ship— (a) may, under section 10, part 3 of the Code, have, and does have, internal buoyancy as stated in section 10, appendix N of the Code; 1 or (b) is under 6 m and has positive flotation; or (c) is an inflatable ship that has positive flotation when its largest air chamber is deflated; or (d) is a class 1E ship and carries the buoyant appliances or the life jackets stated in section 10, part 3 of the Code.’. (6) Section 7(10)— omit, insert— ‘ (10) If this section does not otherwise state the safety equipment the ship must be equipped with, it must be equipped with the safety equipment for a recreational ship required under division 5.’. ˙ Amendment of s 10 (Fishing ships to comply with Code with changes) 6.(1) Section 10(1)— insert— ‘(c) a fishing ship mentioned in section 37(2), other than— (i) a fishing ship used for fishing in the net fishery (ocean beach) described in the Fisheries Regulation 1995 , schedule 13, part 7, section 5; or (ii) a tender mentioned in section 37(2)(f) that is not powered, or if powered, is powered by an engine of less than 3 kW.’. (2) Section 10(10)— omit, insert— ‘ (10) If this section does not otherwise state the safety equipment the 1 Section 10 (Lifesaving appliances), part 3 (Scales of lifesaving appliances) of the Code.

s 7 9 s 10 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ship must be equipped with, it must be equipped with the safety equipment for a recreational ship required under division 5.’. ˙ Amendment of s 13 (Application of division) 7. Section 13— insert— ‘(c) a recreational ship mentioned in section 37(2), other than— (i) a ship mentioned in section 37(2)(d); and (ii) a tender mentioned in section 37(2)(g) that is not powered, or if powered, is powered by an engine of less than 3 kW.’. ˙ Amendment of s 14 (Signalling devices for recreational ships on the water at night) 8. Section 14(1), after ‘ship’— insert— ‘including, despite section 13(c), a recreational ship mentioned in section 37(2)(d) and (g)’. ˙ Amendment of s 16 (Safety equipment for recreational ship operating in partially smooth waters and beyond) 9. Section 16— insert— ‘ (2) The flares mentioned in subsection (1)(c) and (d) must conform to Australian Standard 2092.’. ˙ Amendment of s 21 (Life jacket and PFD sizes) 10. Section 21—

s 11 10 s 12 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 insert— ‘ (3) In this section— “person” means a person 12 months and over.’. ˙ Amendment of s 22 (Application of Act, pt 5, div 4) 11.(1) Section 22(1)(b)— omit, insert— ‘(b) are built in Queensland but are to be operated in another State, or a foreign country and for which— (i) an accredited ship designer, builder or marine surveyor has been requested to issue a certificate of compliance; or (ii) the chief executive has been requested to issue a certificate of survey under division 7. 2 ’. (2) Section 22(2), after ‘division’— insert— ‘and section 56’. (3) Section 22— insert— ‘ (3) However, section 67 of the Act does not apply to a commercial ship under 6 m that operates only within 15 n miles of land, or in smooth or partially smooth waters.’. ˙ Amendment of s 25 (Categories of accreditation (ship designer)) 12. Section 25(f), after ‘stability’— insert— ‘—including subdivision’. 2 Division 7 (Certificates of survey)

s 13 11 s 16 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Amendment of s 27 (Categories of accreditation (marine surveyor)) 13. Section 27— insert— ‘(g) stability—including subdivision.’. ˙ Amendment of s 28 (Hulls and superstructures taken to be of a certain material) 14. Section 28, ‘27(1)(a)’— omit, insert— ‘27(a)’. ˙ Amendment of s 29 (Authority given by accreditation) 15. Section 29(3)— omit, insert— ‘ (3) However, an accredited ship designer, ship builder or marine surveyor that is a corporation must not issue a certificate of compliance for a ship unless the individual having the supervision and management of the designing, building or surveying of the ship has the same accreditation as the corporation. Maximum penalty—200 penalty units.’. ˙ Amendment of s 31 (Accredited person to take out public liability insurance) 16.(1) Section 31, heading, ‘public’— omit, insert— ‘product’. (2) Section 31(1)(a), ‘public’— omit, insert— ‘product’.

s 17 12 s 18 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Amendment of s 36 (Copy of certificate to chief executive) 17. Section 36, ‘accredited ship builder’— omit, insert— ‘accredited ship designer, builder’. ˙ Amendment of s 37 (Application of Act, pt 5, div 2) 18.(1) After section 37(2)(a)— insert— ‘(aa) a commercial ship (other than a barge) that is unpowered, or if powered is powered by an engine of less than 3 kW;’. (2) Section 37(2)(b), ‘a commercial ship that—’ omit, insert— ‘a commercial ship that is a barge and—’. (3) Section 37(2)(b)(iii)(A), ‘passengers’— omit, insert— ‘persons’. (4) Section 37(2)(b)(iii)(C), ‘or tourism’— omit. (5) Section 37(2)(f), ‘5 n miles from the ship’— omit, insert— ‘the same distance from the ship it attends, as a tender commercial fishing boat may operate from its primary commercial fishing boat under the Fisheries Regulation 1995 ’. (6) Section 37(2)(j)— omit, insert— ‘(j) a recreational ship from a foreign country, if— (i) the ship is in Queensland waters for less than 1 year; and

s 19 13 s 20 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (ii) the ship’s owner is not an individual or person mentioned in subsection (1)(a).’. ˙ Replacement of s 44 (Exception for certain ships with positive flotation) 19. Section 44— omit, insert— ˙ ‘ Exception for certain ships ‘ 44. Despite section 43, 3 the chief executive may register a commercial ship less than 6 m that operates within 15 n miles of land, or in smooth or partially smooth waters, if the application for registration of the ship is accompanied by— (a) documentary evidence that satisfies the chief executive the ship has positive flotation; or (b) a certificate of compliance for the building or surveying of the whole ship from an accredited ship builder or marine surveyor.’. ˙ Replacement of s 50 (Registration certificate etc. for registered commercial or fishing ship) 20. Section 50— omit, insert— ˙ ‘ Displaying registered commercial or fishing ship’s registration certificate ‘ 50.(1) The owner and master of a registered commercial or fishing ship must ensure the ship’s registration certificate is displayed in a conspicuous place, and in a way that it can be read by anyone, on the ship. Maximum penalty—100 penalty units. ‘ (2) However, if it is not reasonably practicable to comply with subsection (1), the ship’s owner and master must ensure that the ship’s 3 Section 43 (Requirements for first registration etc. of commercial ship)

s 21 14 s 22 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 registration certificate is kept aboard the ship. Maximum penalty—100 penalty units.’. ˙ Amendment of s 51 (Registration label for registered recreational ship) 21. Section 51(2)(a), ‘place’— omit, insert— ‘place, near the registration number,’. ˙ Amendment of s 52 (Markings for tender to commercial, fishing or recreational ship if tender not required to be registered) 22.(1) Section 52(1)(a), ‘section 37(2)(e)’— omit, insert— ‘section 37(2)(f)’. (2) Section 52(1)(b), ‘section 37(2)(f) or (g)’— omit, insert— ‘section 37(2)(g) or (h)’. (3) Section 52(2), ‘(3) and (4)’— omit, insert — ‘(3) to (6)’. (4) Section 52— insert— ‘ (5) However, if a tender cannot be practicably marked on its exterior as required by subsection (3) or in the size of characters required by subsection (4), it must be marked on its interior in the largest characters practicable. ‘ (6) If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may

s 23 15 s 25 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 be marked with the owner’s name instead of the marking or number required under subsection (3)(a) or (b).’. ˙ Amendment of s 53 (Authority to use restricted use flag) 23. Section 53(1), ‘that is not registered’— omit. ˙ Amendment of s 57 (Application of Act, pt 5, div 3) 24.(1) Section 57(2)(c)(ii)(B)— omit, insert— ‘(B) if a licence is required to operate the accompanying ship—holds the appropriate licence to operate it not less than a coxswain’s licence;’. (2) Section 57(2)(g), after ‘10 m’— insert— ‘or a recreational ship’. ˙ Amendment of s 58 (Licence required to operate etc. commercial ship) 25.(1) Section 58(1), definition “commercial ship”— omit, insert— ‘ “commercial ship” means a commercial ship to which part 5, division 3 4 of the Act applies, other than a commercial ship that— (a) is less than 6 m; and (b) does not carry persons other than the ship owner’s employees, unless the ship is operated by— (i) the Queensland Police Service on an official purpose; or 4 Part 5 (Registration, licensing, permits and accreditation), division 3 (Licensing of masters, crew members and pilots)

s 26 16 s 26 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (ii) the emergency services department on an official purpose but only in an emergency; or (iii) a department or instrumentality of the State, another State, the Commonwealth or a university for a genuine research or scientific purpose; and (c) is operated by the holder of a recreational ship master’s licence or a current licence to operate a recreational ship issued under the law of another State.’. (2) Section 58— insert— ‘ (5) Subsection (6) applies if— (a) a commercial ship is designed to operate with an unattended machinery space; and (b) the ship’s propulsion machinery may be operated from the bridge or wheelhouse; and (c) the ship is on a voyage that— (ii) is to be less than 12 hours; and (ii) starts and ends at the same place. ‘ (6) For subsection (3), in working out the ship's propulsion power for section 2, part 4, clause 37 of the Code a reference in section 2, part 4, clause 34(h)(i) of the Code to “35 metres” is taken to be a reference to “50 metres”.’. ˙ Replacement of s 59 (Chief engineers licensing exceptions for commercial ships in certain places) 26. Section 59— omit, insert— ˙ ‘ Licensing exceptions for commercial ships in certain places ‘ 59. Despite section 58(3), the appropriate licence is, for a person who— (a) operates as its master, or acts as a chief mate of, a commercial ship 35 m or over but less than 80 m within 50 n miles of the

s 27 17 s 28 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 coast or in the Great Barrier Reef Region or the Torres Strait Zone— (i) for the master—at least a master class 4 licence; or (ii) for the chief mate—at least a master class 5 licence; or (b) operates as its master a ship mentioned in section 79(6)—at least a coxswains licence; or (c) acts as chief engineer of a commercial ship in the Great Barrier Reef Region or the Torres Strait Zone— (i) if the propulsion power of the ship is 1 500 kW or more but less than 3 000 kW—at least an engineer class 3 licence; or (ii) if the propulsion power of the ship is 750 kW or more but less than 1 500 kW—at least a marine engine driver grade 1 licence.’. ˙ Amendment of s 60 (Licence required to operate etc. fishing ship) 27. Section 60(1), definition “fishing ship”, paragraph (b), ‘passengers’— omit, insert— ‘persons’. ˙ Amendment of s 61 (Licensing exceptions (fishing ship’s master)) 28.(1) Section 61(1)(b)— omit, insert— ‘(b) operating within the fishing ship operating area.’. (2) Section 61(2)(b)(ii)— omit, insert— ‘(ii) if the ship is operating within the fishing ship operating area—any distance from the coast more than 200 n miles within the area.’. (3) Section 61(3)(a), ‘a fishing dory’—

s 29 18 s 31 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 omit, insert— ‘a tender commercial fishing boat’. ˙ Amendment of s 62 (Licensing exceptions (fishing ship’s chief engineer)) 29.(1) Section 62(1)(b)(ii)— omit, insert— ‘(ii) if the ship is operating within the fishing ship operating area—any distance from the coast more than 200 n miles within the area.’. (2) Section 62(2)(b)(ii)— omit, insert— ‘(ii) if the ship is operating within the fishing ship operating area—any distance from the coast more than 50 n miles within the area.’. ˙ Amendment of pt 5, div 2 (Operational areas and passenger numbers) 30. Part 5, division 2, heading, ‘passenger numbers’— omit, insert— ‘persons carried’. ˙ Amendment of s 79 (Operational area of commercial or fishing ships) 31.(1) Section 79(6), ‘1C, D or E or a class 2C, D’— omit, insert— ‘1D or E or a class 2D’. (2) Section 79— insert— ‘ (7) The operational area for a class 1D, 1E, 2D or 2E commercial ship

s 32 19 s 34 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 that is a tender to a commercial ship (the “main ship” ) is within 5 n miles of the main ship.’. ˙ Amendment of s 80 (Commercial ship not to carry excess passengers) 32. Section 80, heading, ‘passengers’— omit, insert — ‘persons’. ˙ Amendment of s 86 (Ship not to be operated unless load line certificate issued) 33. Section 86— insert— ‘ (2) In this section— “load line certificate” means a load line certificate issued— (a) under this regulation; or (b) by another State, a classification society or a marine authority of a foreign country under the International Convention on Load Lines 1966.’. ˙ Insertion of new s 86A 34. After section 86— insert— ˙ ‘ Displaying ship’s load line certificate ‘ 86A.(1) The owner and master of a ship for which a current load line certificate is issued must ensure that the certificate is displayed in a conspicuous place, and in a way that it can be read by anyone, on the ship. Maximum penalty—100 penalty units. ‘ (2) However, if it is not reasonably practicable to comply with

s 35 20 s 36 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 subsection (1), the ship’s owner and master must ensure that the ship’s load line certificate is kept aboard the ship. Maximum penalty—100 penalty units.’. ˙ Amendment of s 89 (Renewal of load line certificate) 35. Section 89(1), ‘ship builder’— omit, insert— ‘ship designer’. ˙ Insertion of new division 36. After section 122— insert— ‘Division 12—Other operational issues ˙ ‘ Start of certain business activities to be notified ‘ 122A.(1) This section applies if the owner or master of a commercial ship starts using the ship in carrying on business for any of the following purposes— (a) carrying passengers for reward; (b) providing the ship for someone else to use as a commercial hire ship; (c) providing a leisure tourism or entertainment activity for a person (other than a passenger mentioned in paragraph (a)) for reward, for example parasailing or waterskiing. ‘ (2) The owner or master must give a written advice of the starting of the business as required by subsection (3). Maximum penalty—50 penalty units. ‘ (3) The written advice must— (a) if the business is started in—

s 37 21 s 39 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (i) a pilotage area—be given to the harbour master of the area; or (ii) waters outside a pilotage area—be given to the chief executive; and (b) contain the following particulars— (i) the person’s name and address; (ii) the starting date of the business; (iii) a brief description of the business and the waters where it will be mainly carried on. ‘ (4) If the owner or master stops carrying on the business, the owner or master must notify the harbour master or the chief executive in writing within 1 month of when the person stopped carrying on the business. Maximum penalty—50 penalty units.’. ˙ Amendment of s 125 (Chief executive to decide application within 28 days) 37. Section 125(3), ‘Despite subsection (1), if’— omit, insert— ‘If’. ˙ Amendment of s 147 (Certain sections about authorities apply to transfer of ship’s registration) 38. Section 147(1), ‘Sections 125, 126’— omit, insert— ‘Sections 124 to 126’. ˙ Insertion of new s 151A 39. After section 151—

s 40 22 s 41 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 insert— ˙ ‘ Master to give pilotage charge to pilot ‘ 151A. After a pilot has transferred to a ship and the ship is about to be navigated in a pilotage area, the master of the ship must, when requested by the pilot. give pilotage charge of the ship to the pilot, unless the master has a reasonable excuse. Maximum penalty—100 penalty units.’. ˙ Insertion of new s 155A 40. After section 155— insert— ˙ ‘ Pilotage fees if pilotage cancelled ‘ 155A.(1) Pilotage fees are payable if an owner or master of a ship who has arranged pilotage for the ship with a harbour master cancels the pilotage without giving the harbour master at least 2 hours notice of the cancellation. ‘ (2) However, the chief executive may, by gazette notice, specify another time, not less than 2 hours, for subsection (1) for a pilotage area if the chief executive considers another time is necessary for the effective and efficient operation of the pilotage service in that area.’. ˙ Amendment of s 157 (Conservancy dues for ships) 41.(1) Section 157(5), ‘while it is laid up in a pilotage area, or a ship’— omit . (2) Section 157(5)— insert— ‘(d) effecting repairs; (e) refitting or docking; (f) obtaining fuel or provisions for the ship.’.

s 42 23 s 46 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Replacement of s 160 (When fees become payable) 42. Section 160— omit, insert— ˙ ‘ Time for paying fees ‘ 160. The owner of a ship must pay fees for the ship within 30 days after the day the invoice for the fees was issued.’. ˙ Replacement of s 161 (Interest on unpaid fees) 43. Section 161— omit, insert— ˙ ‘ Interest on unpaid fees ‘ 161. Interest calculated daily at the rate stated in schedule 7 is payable on fees that are not paid as required by section 160.’. ˙ Amendment of s 165 (Limitation on exercise of power under this part) 44. Section 165(2), ‘sections 155 and 156’— omit, insert— ‘sections 166 and 167’. ˙ Amendment of s 181 (Water skiing etc. prohibited in certain waters) 45. Section 181(1), after ‘safety.’— insert— ‘Maximum penalty—100 penalty units. ˙ Amendment of s 182 (Operation of ship by unlicensed person) 46. Section 182(2), after paragraph (c)— insert— ‘Maximum penalty—200 penalty units.’.

s 47 24 s 48 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Amendment of s 183 (Water skiing or riding on toboggan or tube) 47. Section 183(3)— omit, insert— ‘ (3) A person (an “operator” ) must not operate a ship towing a skier unless— (a) if the skier must wear a PFD under subsection (1)—the skier is wearing the PFD; and (b) there is another person (an “observer” ) on the ship, who is more than 12, watching the skier at all times. Maximum penalty—100 penalty units.’. ˙ Insertion of new ss 187A and 187B 48. After section 187— insert— ˙ ‘ Safety equipment for ships under a standard practice instruction ‘ 187A.(1) This section applies if— (a) a commercial or fishing ship that— (i) sections 7 and 8 or 10 and 11 apply to; and (ii) was— (A) the subject of an application mentioned in section 196 for the survey and registration of the ship under the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 ; or (B) built and operating immediately before 1 January 1996; and (b) a standard practice instruction that stated safety equipment for ships and how the equipment should be marked, stowed, replaced or serviced applied to the ship; and (c) there is an inconsistency between the instruction and sections 7,8,10 and 11 for the ship; and

s 49 25 s 49 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (d) the ship is equipped with the safety equipment required under the sections as changed by the instruction; and (e) the equipment is marked, stowed, replaced or serviced as required by the instruction. ‘ (2) The ship is taken to comply with sections 7, 8, 10 and 11. ˙ ‘ Design and construction of ships under a standard practice instruction ‘ 187B.(1) This section applies if— (a) a commercial or fishing ship was— (i) the subject of an application mentioned in section 196 for the survey and registration of the ship under the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 ; or (ii) built and operating immediately before 1 January 1996; and (b) a standard practice instruction about the design or construction of ships applied to the ship; and (c) there is an inconsistency between the instruction and a standard about design or construction of ships that applies to the ship; and (d) the ship is designed or constructed as required under the standards as changed by the instruction. ‘ (2) The ship is taken to comply with the standard.’. ˙ Amendment of s 190 (PFD’s and flares for recreational ships) 49. Section 190(2), ‘Section 16(c) and (d)’— omit, insert— ‘Section 16(1)(c) and (d) and (2)’.

s 50 26 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Amendment of s 191 (Existing certificates of survey) 50. Section 191(5)(c), ‘ and sections 43(2)(b)(i) and 46(3)(b)’— omit. ˙ Amendment of s 196 (Applications under existing regulations) 51. Section 196— insert— ‘ (3A) However, a certificate of survey issued under this section is— (a) issued for an unlimited term; and (b) valid only for part 4 5 of the Act.’. ˙ Amendment of s 197 (Interim power of chief executive to increase quantity of dangerous goods handled in pilotage area) 52. Section 197(9), ‘1 year’— omit, insert— ‘2 years’. ˙ Replacement of sch 1 (Declaration about ship’s seaworthiness) 53. Schedule 1— omit, insert— ‘ SCHEDULE 1 ‘ DECLARATION ABOUT SHIP’S SEAWORTHINESS section 47 5 Part 4 (General safety obligations and standards)

s 53 27 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 1—DECLARATION OF ACCREDITED SHIP DESIGNER Declaration by accredited ship designer (hull, superstructure or machinery) about seaworthiness of ship—design I, (name) , accredited ship designer for the category (state category of accreditation relevant for this certificate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ), specified in the plans attached to my certificate of compliance for the ship or part— (a) the ship or part is designed to comply with the following standards or practices (declarant to state fully and clearly the design standards or, if no standard has been used, the practices applied in designing the ship) ; (b) for a ship or part (other than a ship, or part designed to comply with part 2 of the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 —I have verified the sufficiency of the design of the ship or part by— (i) making all the necessary calculations to ensure its sufficiency; or (ii) appropriate tests; (c) the ship or part is designed to be operated as a (state class) ship or part of a class (state class) ship; (d) the ship or part is of a seaworthy design on the following conditions— (i) the ship, or the ship which is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area ) ;

s 53 28 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (ii) the number of persons the ship is designed to carry is (state number together with any restrictions on the number of persons that may be permitted in a specific area of the ship ) ; (iii) the quantity of cargo the ship is designed to carry is (declarant to state together with any conditions about where cargo may be positioned on the ship to ensure its stability) ; (iv) ..... (declarant to state all other conditions about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

s 53 29 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 2—DECLARATION OF ACCREDITED SHIP BUILDER Declaration by accredited ship builder (hull, superstructure or machinery) about seaworthiness of ship—construction I, (name) , accredited ship builder for the category of (state category of accreditation relevant for this certificate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ) specified in the plans and specifications (“design documents”) (describe design documents by number or other identifying mark) — (a) the ship or part is built as required by— (i) the design documents; and (ii) the following ship building standards, practices or techniques— (declarant to state—eg the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 ) ; (b) the ship or part is built to be operated as a (class to be stated) ship, or part of a class (state class) ship; (c) the ship or part is of a seaworthy construction on the following conditions— (i) the ship, or the ship that is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; and (ii) the number of persons the ship is built to carry is (state number together with any restrictions on the number of persons that may be permitted in a specific area of the ship) ; and

s 53 30 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (iii) ..... . (declarant to state all other conditions the declarant wishes to impose about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

s 53 31 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 3—DECLARATION OF ACCREDITED MARINE SURVEYOR Declaration by accredited marine surveyor (hull, superstructure or machinery) about seaworthiness of ship—survey I, (name) , accredited marine surveyor for the category of (state category of accreditation relevant for this certificate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ) I have surveyed— (a) the ship or part is built as required by the design plans and specifications (“design documents”) (describe design documents by number or other identifying mark) ; (b) the ship or part has been built using the following ship building standards, practices or techniques— (declarant to state—eg the Transport Operations Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 ) ; (c) the ship or part is in sound condition; (d) the ship or part is suitable to be operated as a (state class) ship, or part of a class (state class) ship; (e) at the time of survey the ship or part was of seaworthy construction on the following conditions— (i) the ship, or the ship that is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; and (ii) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a specific area of the ship) ; and

s 53 32 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (iii) ..... (declarant to state all other conditions the declarant wishes to impose about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

s 53 33 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 4—DECLARATION FOR CERTIFICATE OF COMPLIANCE ABOUT SAFETY EQUIPMENT Declaration by accredited ship designer, ship builder or marine surveyor (safety equipment) about seaworthiness of ship—safety equipment I, (name) , accredited (declarant to insert ship designer, ship builder or marine surveyor as appropriate) for safety equipment, declare as follows for the ship described in the certificate of compliance, of which this declaration is part— (a) the ship is equipped with the following safety equipment required for the ship under the TransportOperations(MarineSafety)Regulation 1995 , part 2— (i) (declarant to list all safety equipment the ship is equipped with under part 2) ; (b) the safety equipment— (i) is stowed, marked and of a type required by section 8(1) of the regulation; and (ii) if it has an expiry date by which it should be serviced or replaced—it has been serviced and replaced as required by section 8(2) of the regulation; (c) the ship may be operated as a (state class) ; (d) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a specific area of the ship) ;

s 53 34 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (e) so far as relates to the things mentioned in paragraphs (a) to (d), the ship is seaworthy on the following conditions— (declarant to state any conditions the declarant wishes to impose about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

s 53 35 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 5—DECLARATION FOR STABILITY OF ACCREDITED SHIP DESIGNER OR MARINE SURVEYOR Declaration by accredited ship designer or marine surveyor (stability) about seaworthiness of ship—stability I, (name) , accredited (declarant to insert ship designer or marine surveyor) for stability declare as follows for the ship ( “ship” ) described in the certificate of compliance of which this declaration is part— (a) I have assessed the ship for stability under the following standards or practices— (declarant to state fully and clearly the design standards for stability, eg—the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 or, if no standard has been used, the practices applied, in assessing the ship for stability) ; (b) I have assessed the stability of the ship by doing all the appropriate tests or checking all the appropriate calculations; (c) I have assessed the subdivision of the ship by doing all the appropriate tests or checking all the appropriate calculations; (d) the ship is suitable to be operated as a (state class) ship; (e) I have assessed the ship to be seaworthy for stability on the following conditions— (i) the ship is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; (ii) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a specific area of the ship) ;

s 53 36 s 53 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (iii) the quantity of cargo the ship may carry is (declarant to state together with any conditions about where cargo may be positioned on the ship to ensure its stability) ; (iv) ..... (declarant to state all other conditions about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

s 54 37 s 54 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ PART 6—DECLARATION FOR LOAD LINE BY ACCREDITED SHIP DESIGNER OR MARINE SURVEYOR Declaration by ship designer or marine surveyor (accredited for load line) about seaworthiness of ship—load line I, (name) , accredited (declarant to insert ship designer or marine surveyor as appropriate) for load line declare as follows for the ship ( “ship” ) described in the certificate of compliance of which this declaration is part— (a) I have assigned the ship’s freeboard as denoted on the enclosed “load line assignment work sheet” under section 85(1) of the regulation; (b) I have marked the ship for its load line under section 85(1) of the regulation; (c) the ship is seaworthy for load line under section 85(1) of the regulation on the following conditions— (declarant to state any conditions about the ship’s seaworthiness or without which the certificate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 .’. the day of ˙ Amendment of sch 7 (Fees) 54.(1) Schedule 7, section 1— insert— ‘ (4) The fee for replacing a certificate of accreditation is $20.80.’.

s 54 38 s 54 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 (2) Schedule 7, section 3(2), after ‘payment of’— insert— ‘the drive fee component and’. (3) Schedule 7, section 4(4)(a), ‘over than’— omit, insert— ‘not over’. (4) Schedule 7, section 4— insert— ‘ (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 payment of registration fees. ‘ (10) Subsection (9) is taken to have commenced on 1 January 1996 for a ship that was registered between that date and the commencement of this subsection. ‘ (11) Subsection (10) and this subsection expire 6 months after they commence.’. (5) Schedule 7, section 9(3)(b), after ‘(2)(c)’— insert— ‘or (d)’. (6) Schedule 7, section 16(2)— omit, insert— ‘ (2) The fees 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 . . . . . . . . . . . . . . . . . . . . . . . . 8.0c (ii) over 500 gt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.0c (b) any other ship, per gross ton or part of a gross ton . . . 13.0c

s 55 39 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ Insertion of new sch 7, s 16A 55. Schedule 7, after section 16— insert— ˙ ‘ Interest rate ‘ 16A.(1) This section sets the interest rate for section 161(1). ‘ (2) The rate is 10% a year.’. ˙ Insertion of new sch 7, ss 20 and 21 56. Schedule 7, after section 19— insert— ˙ ‘ Aquatic events ‘ 20.(1) This section sets the fees for aquatic events. ‘ (2) The fees are as follows— (a) for an application for an aquatic event authority—$20.00 for each event; (b) for an application by a genuine boating or sporting club for an aquatic event authority 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—$20.00. ˙ ‘ Administration fee on registration refund ‘ 21.(1) This sets the administration fee on a refund of a ship's registration under section 187. ‘ (2) The fee is $9.30.’. ˙ Replacement of sch 8 (Partially smooth waters) 57. Schedule 8— omit, insert—

s 57 40 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ‘ SCHEDULE 8 ‘ PARTIALLY SMOOTH WATERS schedule 11, definition “partially smooth waters” ˙ ‘ Brisbane ‘ 1. The waters bounded by an imaginary line drawn— • from parallel 27°06∞ south on the mainland • to South Point, Bribie Island • along the southern shore of Bribie Island to Skirmish Point • to Comboyuro Point, Moreton Island • along the western shore of Moreton Island to Reeders Point • to Amity Point, North Stradbroke Island • to Cleveland Point on the mainland. ˙ ‘ Maryborough ‘ 2. The waters bounded by an imaginary line drawn— • from Burrum Point on the mainland • to the Fairway Beacon, Hervey Bay • to Rooney Point, Fraser Island • along the western shore of Fraser Island to parallel 25°23∞ south • to meridian 152°58∞ east • due west to the mainland at parallel 25°25∞ south. ˙ ‘ Gladstone ‘ 3. The waters bounded by an imaginary line drawn—

s 57 41 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • from Clews Point on the mainland • to East Point, Facing Island • along the southern shore of Facing Island to parallel 23°52∞ south • due west to South Trees Island at parallel 23°52∞ south • along the northernmost shore of South Trees Island to parallel 23°52 ∞ south at its western shore • due west to the mainland at parallel 23°52 ∞ south. ˙ ‘ Keppel Bay ‘ 4. The waters bounded by an imaginary line drawn— • from Cattle Point on the mainland • to Sea Hill Point, Curtis Island • along the northern shore of Curtis Island to Cape Keppel • to a point situated half a n mile east of Egg Rock • to a point situated half a n mile east of The Child • to a point situated half a n mile east of Outer Rock • to Water Park Point on the mainland. ˙ ‘ Mackay/Hay Point ‘ 5. The waters bounded by an imaginary line drawn— • from Slade Point on the mainland • to a point situated 1 n mile east of Slade Island • to parallel 21°10∞ south, meridian 149°30∞ east • to parallel 21°18∞ south, meridian 149°30∞ east • due west to the mainland.

s 57 42 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ ‘ Bowen, Whitsunday Passage and Edgecumbe Bay ‘ 6. The waters bounded by an imaginary line drawn— • from the southern shore of Hervey Creek on the mainland • to the south-western extremity of Shaw Island • along the western shore of Shaw Island to its northern extremity • to the southern extremity of Maher Island • along the western shore of Maher Island to Jesuit Point • to the southern extremity of Harold Island • along the eastern shore to the northern extremity of Harold Island • to the south eastern extremity of Deloraine Island • along the eastern shore to the north eastern extremity of Deloraine Island • to a point situated 1 n mile north-east of Pinnacle Point, Hook Island • to a point situated 1 n mile north of Dolphin Point, Hayman Island • to a point situated 1 n mile north of the northern tip of Eshelby Island • to a point situated 1 n mile north of the northern tip of Rattray Island • to a point situated 1 n mile north of Gloucester Head, Gloucester Island • to the north headland at the mouth of the Don River on the mainland. ˙ ‘ Upstart Bay ‘ 7. The waters of Upstart Bay south of a line between Cape Upstart and the southern tip of Peters Island.

s 57 43 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ ‘ Townsville ‘ 8. The waters bounded by an imaginary line drawn— • from Cape Pallarenda on the mainland • to Bay Rock • to a point situated half a n mile north of White Rock • to a point situated half a n mile north of The Point, Magnetic Island • to a point situated half a n mile north of Orchard Rocks • to Cape Cleveland on the mainland. ˙ ‘ Palm Isles ‘ 9. The waters bounded by an imaginary line drawn— • from Lucinda Point on the mainland • to George Point, Hinchinbrook Island • to the northern extremity of Pelorus Island • along the western shore of Pelorus Island to its south-western extremity • to Iris Point, Orpheus Island • along the western and southern shores of Orpheus Island to parallel 18°39.4 ∞ south on the eastern side of the island • to the western extremity of Curacoa Island • along the northern and eastern shores of Curacoa Island to its eastern extremity • to the northern extremity of Great Palm Island • along the western shore of Great Palm Island to parallel 18°45∞ south • due west to the mainland.

s 57 44 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ ‘ Rockingham Bay ‘ 10. The waters bounded by an imaginary line drawn— • from Ninney Point on the mainland • to a point situated half a n mile east of Clump Point on the mainland • to a point situated half a n mile east of South Island in the Brook Islands Group • to Cape Sandwich, Hinchinbrook Island • along the northern shore of Hinchinbrook Island to Hecate Point • to parallel 18°15 ∞ south on the mainland. ˙ ‘ Cairns ‘ 11. The waters bounded by an imaginary line drawn— • from Buchan Point on the mainland • to a point situated half a n mile north of the northern extremity of Double Island • to a point situated half a n mile north of Upolu Reef Cay • then following the northern and eastern edges of Upolu Reef at a distance of half a n mile from the reef • to a point situated half a n mile off the eastern extremity of Upolu Reef • to eastern extremity of Green Island • to the eastern extremity of Little Fitzroy Island • to the north eastern extremity of Fitzroy Island • along the western shore of Fitzroy Island to its south-western extremity • to the southern headland of Little Turtle Bay on the mainland.

s 57 45 s 57 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ ‘ Port Douglas ‘ 12. The waters bounded by an imaginary line drawn— • from Island Point on the mainland • to a point situated half a n mile east of the Low Islets • to Cape Tribulation on the mainland. ˙ ‘ Thursday Island ‘ 13. The waters bounded by an imaginary line drawn— • from Van Speult Point on the mainland • to a point situated half a n mile south-west of Parau Island • to parallel 10°43.6 ∞ south, meridian 142°15.8 ∞ east on Prince of Wales Island (Rattlesnake Point) • along the eastern and northern shores of Prince of Wales Island to Hochepied Head • to Pott Point, Friday Island • to Harrison Rock • to Hammond Rock • to a point situated half a n mile north of Ince Point, Wednesday Island • to Strait Rock • to King Point, Horn Island • along the eastern and southern shores of Horn Island to Garagar Point • to Peak Point on the mainland • along the shore to Van Speult Point. ˙ ‘ Weipa ‘ 14. The waters bounded by an imaginary line drawn—

s 15 46 Transport Operations (Marine Safety) Amendment (No. 2) • from Duyfken Point on the mainland • to Thud Point on the mainland • along the shore to Duyfken Point. s 58 No. 431, 1996 ˙ ‘ Karumba 15. The waters from the river mouth within a 7.5 n mile radius of the north head of the Norman River entrance.’. ˙ Replacement of sch 9 (Smooth waters) 58. Schedule 9— omit, insert— ‘ SCHEDULE 9 ‘ SMOOTH WATERS schedule 11, definition “smooth waters” ˙ ‘ Brisbane ‘ 1.(1) The waters bounded by an imaginary line drawn— • from Cleveland Point on the mainland • to Amity Point, North Stradbroke Island • along the western shore of North Stradbroke Island to meridian 153°26.5∞ east • due south to South Stradbroke Island • along the western shore of South Stradbroke Island to the outer northern breakwater • to the outer southern breakwater at The Spit on the mainland. ‘ (2) The waters bounded by an imaginary line drawn—

s 58 47 s 58 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • from parallel 27°06∞ south on the mainland • to South Point, Bribie Island • along the western shore of Bribie Island to its northern extremity • to meridian 153°07.75∞ east on the mainland. ˙ ‘ Maryborough ‘ 2. The waters bounded by an imaginary line drawn— • from parallel 25°25∞ south on the mainland • due east to longitude 152°58∞ east • thence in a north easterly direction • to the intersection of the parallel of 25°23∞ south and Fraser Island • along the western shore of Fraser Island to meridian 153°04 ∞ east • to Inskip Point on the mainland. ˙ ‘ Gladstone ‘ 3. The waters bounded by an imaginary line drawn— • from parallel 23°52 ∞ south on the mainland • due east to Facing Island • along the western shore of Facing Island to North Point • to Connor Bluff, Curtis Island • along the southern and western shores of Curtis Island to parallel 23°34∞ south • due west to Division Point on the mainland. ˙ ‘ Port Alma ‘ 4. The waters bounded by an imaginary line drawn—

s 58 48 s 58 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • from Cattle Point on the mainland • to Sea Hill Point, Curtis Island • along the western shore of Curtis Island to parallel 23°34∞ south • due west to Division Point on the mainland. ˙ ‘ Bowen ‘ 5. The waters bounded by an imaginary line drawn— • from Dalrymple Point on the mainland • to Adelaide Point on the mainland • along the shore to Dalrymple Point. ˙ ‘ Lucinda ‘ 6. The waters bounded by an imaginary line drawn— • from Lucinda Point on the mainland • to George Point, Hinchinbrook Island • along the southern and western shores of Hinchinbrook Island to Hecate Point • to parallel 18°15∞ south on the mainland. ˙ ‘ Mourilyan ‘ 7. The waters bounded by an imaginary line drawn— • from Goodman Point on the mainland • to Camp Point on the mainland • along the shore to Goodman Point. ˙ ‘ Cairns ‘ 8. The waters bounded by an imaginary line drawn—

s 58 49 s 58 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • from Bessie Point on the mainland • to Ellie Point on the mainland • along the shore to Bessie Point. ˙ ‘ Port Douglas ‘ 9. The waters bounded by an imaginary line drawn— • from Island Point on the mainland • due north to parallel 16°28.5 ∞ south • due west to the mainland. ˙ ‘ Cooktown ‘ 10. The waters bounded by an imaginary line drawn— • from Queens Chair at meridian 145°15.32 ∞ east on the mainland • to parallel 15°27.1 ∞ south, meridian 145°15.6 ∞ east • due west to the mainland. ˙ ‘ Thursday Island ‘ 11. The waters bounded by an imaginary line drawn— • from meridian 142°15.3 ∞ east on Horn Island • due north to parallel 10°33.1 ∞ south (near Channel Rock) • to parallel 10°33.1 ∞ south on Hammond Island • along the southern shore of Hammond Island to Kate Point • to Kiwain Point, Prince of Wales Island • along the eastern shore of Prince of Wales Island to Red Point • to Garagar Point, Horn Island • along the western shore to meridian 142°15.3∞ east on Horn Island.

s 59 50 s 59 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 ˙ ‘ Weipa ‘ 12. The waters bounded by an imaginary line drawn— • from Wooldrum Point on the mainland • to parallel 12°35.1 ∞ south, meridian 141°47.6 ∞ east on the mainland • along the shore to Wooldrum Point. ˙ ‘ Karumba ‘ 13. The waters from the river mouth within a 4 n miles radius of the north head of the Norman River entrance.’. ˙ Replacement of sch 10 (Torres Strait Zone) 59. Schedule 10— omit, insert— ‘ SCHEDULE 10 ‘ TORRES STRAIT ZONE schedule 11, definition “Torres Strait zone” ‘The Torres Strait zone is the area of waters enclosed by an imaginary line drawn— • starting at latitude 10°41∞ south, longitude 145° east • then due west along the parallel of latitude 10°41∞ south to where it meets the high water mark on the eastern shoreline of Eborac Island • then by the high water mark in a south westerly direction along the shoreline of Eborac Island to the south western extremity of the island

s 60 51 s 60 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • then across to the high water mark on the northern extremity of Cape York • then by the high water mark in a westerly direction along the northern shoreline and in a south westerly direction along the western shoreline of Cape York Peninsula to the western extremity of Vrilya Point in approximate position latitude 11°13.5 ∞ south, longitude 142°07 ∞ east • then in a north westerly direction to the south western extremity of the protected zone at latitude 10°28∞ south, longitude 141°20∞ east • then north along the meridian of longitude 141°20∞ east to where the boundary of the protected zone intersects the boundary of the fisheries jurisdiction line at the parallel of latitude 10°10.4 ∞ south • then in an easterly direction along the boundary of the fisheries jurisdiction line to where the line intersects the meridian of longitude 145° east at the parallel of latitude 10°13.4∞ south • then south along the meridian of longitude 145° east to where meridian intersects the parallel of latitude 10°41 ∞ south at the starting point.’. ˙ Insertion of new sch 10A 60. After schedule 10— insert— ‘ SCHEDULE 10A ‘ FISHING SHIP OPERATIONAL AREA schedule 11, definition “fishing ship operational area” ‘The fishing ship operational area is the area of— (a) waters bounded by an imaginary line—

s 60 52 s 60 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 • starting at a point that is the intersection of the coastline at the mean high water mark at the boundary of the Northern Territory of Australia and the State of Queensland • then in a north-easterly direction to the position of latitude 15°55∞ south, longitude 138°30∞ east • then north along the meridian of longitude 138°30∞ east to its intersection with the parallel of latitude 14°30∞ south • then east along the parallel of latitude 14°30∞ south to its intersection with the meridian of longitude 139°15∞ east • then north along the meridian of longitude 139°15∞ east to its intersection with the parallel of latitude 11°11∞ south • then in a north-easterly direction along the fisheries jurisdiction line to the position of latitude 10°59∞ south, longitude 140° east • then in a north-easterly direction along the fisheries jurisdiction line to the position of latitude 10°10.4∞ south, longitude 141°20∞ east, which is where the fisheries jurisdiction line intersects the western boundary of the protected zone • then in a general easterly direction along the boundary of the fisheries jurisdiction line to where the line intersects the meridian of longitude 145° east at the parallel of latitude 10°13.4 ∞ south • then south along the meridian of longitude 145° east to where meridian intersects the parallel of latitude 13° south • then in a south-easterly direction to the point of latitude 15° south, longitude 146° east • then in a south-easterly direction to the point of latitude 18°20 ∞ south, longitude 148°20 ∞ east • then in an easterly direction to the point of latitude 18°45 ∞ south, longitude 152°35 ∞ east • then in a south-easterly direction to the point of latitude

s 61 53 s 61 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 22°15∞ south, longitude 154°40∞ east • then south along the meridian of longitude 154°40 ∞ east to its intersection with the parallel of latitude 27°47 ∞ 25.29" south • then in a westerly direction to the point of latitude 27°48∞ south, longitude 154°22∞ east • then in a south-westerly direction to the point of latitude 27°58∞ south, longitude 154° east • then in a south-westerly direction to the intersection of the eastern shore of Australia with the parallel of latitude 28°10 ∞ south • then along the shoreline of the mainland at the mean high water mark returning to the starting point; and (b) including the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).’. ˙ Amendment of sch 11 (Dictionary) 61.(1) Schedule 11, definition “fishing ship” — omit. (2) Schedule 11, definition “restricted use flag” — insert— ‘(d) for another purpose necessary to maintain the effectiveness and efficiency of the Queensland marine industry for a term not longer than 28 days.’. (3) Schedule 11— insert— ‘ “boat harbour” means a boat harbour mentioned in the Transport Infrastructure (Management of Harbour Works) Regulation 1992 , schedule 2. “coast” means the high water mark on the shoreline of Queensland or any

s 61 54 s 61 Transport Operations (Marine Safety) Amendment (No. 2) No. 431, 1996 island forming part of the State. “fishing ship” means a ship— (a) operated and licensed as a primary or tender commercial fishing under the Fisheries Regulation 1995 ; or (b) otherwise, authorised under an authority under the Fisheries Act1994 for fishing or aquaculture purposes. “fishing ship operating area” means the waters described in schedule 10A. “inflatable ship” means a ship to which International Standards Organisation Standard 6185 for small craft–inflatable boats, parts 1 to 3 applies. “whole ship” means all the aspects of designing, building or surveying a ship, or part of a ship that, when combined, ensure that the ship is seaworthy and appropriately equipped to meet the ordinary perils of voyages within its intended operational area.’. 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