Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2003 (Qld)

Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2003

Queensland Subordinate Legislation 2003 No. 76 Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) AMENDMENT REGULATION (No. 2) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 7 (Commercial ships to comply with Code with changes) 2 4 Amendment of s 10 (Fishing ships to comply with Code with changes) . . . 3 5 Amendment of s 41 (Class of registration (commercial ships)) . . . . . . . . . . 3 6 Amendment of s 42 (Class of registration (ﬁshing ships)) . . . . . . . . . . . . . . 4 7 Amendment of s 43 (Requirements for ﬁrst registration of commercial ship) ...................................... 4 8 Amendment of s 46 (Requirements for ﬁrst registration etc. of ﬁshing ship) 5 9 Amendment of s 56 (General manager may issue certiﬁcate of survey for ship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 57 (Application of Act, pt 5, div 3) . . . . . . . . . . . . . . . . . . 8 11 Insertion of new pt 4, div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 4A—Wing in ground effect craft 74A Wing in ground effect craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of sch 2 (Classes of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of sch 7 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Amendment of sch 11 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 2 s3 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2003 . 2 Regulation amended This regulation amends the TransportOperations(MarineSafety)Regulation 1995. 3 Amendment of s 7 (Commercial ships to comply with Code with changes) (1) Section 7(2A)— omit, 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 AS/NZS 1850—1997; and (b) has been serviced annually and otherwise maintained in accordance with AS 1851.1—1995; and (c) if the ﬁre extinguisher is a dry powder ﬁre extinguisher— (i) is ﬁtted with a discharge hose in accordance with AS 2444—1995; and (ii) has a rating under AS/NZS 1850—1997 of at least 2A30B(E); and (d) if the ﬁre extinguisher is a foam ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 3A20B; and (e) if the ﬁre extinguisher is a CO2 ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 5B(E).’. (2) Section 7— insert— ‘ (7A) If the ship is a personal watercraft, it must be equipped with— (a) a PFD type 2 or 3 for the operator of, and each passenger on, the watercraft; and

s4 3 s5 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 (b) when operating in partially smooth waters or beyond— (i) 2 hand held red ﬂares; and (ii) 2 hand held orange smoke signals. ‘ (7B) For subsection 7A(a), a personal watercraft is taken not to be equipped with the PFD if the PFD is not being worn by the operator of, and each passenger on, the watercraft.’. 4 Amendment of s 10 (Fishing ships to comply with Code with changes) Section 10— 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 AS/NZS 1850—1997; and (b) has been serviced annually and otherwise maintained in accordance with AS 1851.1—1995; and (c) if the ﬁre extinguisher is a dry powder ﬁre extinguisher— (i) is ﬁtted with a discharge hose in accordance with AS 2444—1995; and (ii) has a rating under AS/NZS 1850—1997 of at least 2A30B(E); and (d) if the ﬁre extinguisher is a foam ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 3A20B; and (e) if the ﬁre extinguisher is a CO2 ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 5B(E).’. 5 Amendment of s 41 (Class of registration (commercial ships)) (1) Section 41(a), ‘1B’— omit, insert— ‘1A’. (2) Section 41(b), ‘2B’—

s6 4 s7 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 omit, insert— ‘2A’. 6 Amendment of s 42 (Class of registration (ﬁshing ships)) Section 42, ‘3B’— omit, insert— ‘3A’. 7 Amendment of s 43 (Requirements for ﬁrst registration of commercial ship) (1) Section 43(2)(b)(ii) and (c)— omit, insert— ‘(ii) other than for the ship design, certiﬁcates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certiﬁcate of survey for the ship issued under section 56, or an equivalent certiﬁcate issued under a law of the Commonwealth or another State or by a classiﬁcation society.’. (2) Section 43(3) to (5)— omit, insert— ‘ (3) A person is taken to have given the general manager certificates of compliance necessary for subsection (2)(a) if— (a) the person gives the general manager a certiﬁcate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made; and (b) the ship is a ship for which— (i) a replacement certiﬁcate was issued, or could have been issued, under section 191(3) 1 as in force immediately before the expiry of the section; or 1 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s8 5 s8 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 (ii) design plans, subdivision and stability documents were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or (iii) a certiﬁcate equivalent to a certiﬁcate of survey has been issued under a law of the Commonwealth or another State. ‘ (4) For subsection (3)(b)(iii), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. ‘ (5) If the ship is a commercial ship mentioned in subsection (1)(b)(ii), the general manager may register it as a commercial ship if the application for registration of the ship is accompanied by a certificate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for registration of the ship is made. ‘ (6) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship under a law of the Commonwealth or another State, the general manager may also require a certificate of compliance for the survey of the whole ship or part of the ship from an accredited marine surveyor issued not more than 1 month before the application for registration of the ship is made. ‘ (7) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship by a classification society and the certificate does not relate to the whole ship, the general manager may register the ship only if the application for registration of the ship is accompanied by the certificates of compliance mentioned in subsection (2)(a) for those parts of the ship not covered by the certificate of survey.’. 8 Amendment of s 46 (Requirements for ﬁrst registration etc. of ﬁshing ship) (1) Section 46(2)(c)— omit, insert—

s8 6 s8 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 ‘(c) was built and operated as a ﬁshing ship in the intended area of operation before 1 January 1988.’. (2) Section 46(3)(b)(ii) and (c)— omit, insert— ‘(ii) other than for the ship design, certiﬁcates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certiﬁcate of survey for the ship issued under section 56, or an equivalent certiﬁcate issued under a law of the Commonwealth or another State or by a classiﬁcation society.’. (3) Section 46(4) to (6)— omit, insert — ‘ (4) A person is taken to have given the general manager certificates of compliance necessary for subsection (3)(a) if— (a) the person gives the general manager a certiﬁcate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made; and (b) the ship is a ship for which— (i) a replacement certiﬁcate was issued, or could have been issued, under section 191(3), 2 as in force immediately before the expiry of the section; or (ii) design plans, subdivision and stability documents were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or (iii) a certiﬁcate equivalent to a certiﬁcate of survey has been issued under a law of the Commonwealth or another State. ‘ (5) For subsection (4)(b)(iii), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and 2 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s9 7 s9 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. ‘ (6) If the ship is a fishing ship mentioned in subsection (1)(b)(ii), the general manager may register it as a fishing ship if the application for registration of the ship is accompanied by a certificate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made. ‘ (7) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship under a law of the Commonwealth or another State, the general manager may also require a certificate of compliance for the survey of the whole ship or part of the ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made. ‘ (8) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship by a classification society and the certificate does not relate to the whole ship, the general manager may register the ship only if the application for registration of the ship is accompanied by the certificates of compliance mentioned in subsection (3)(a) for those parts of the ship not covered by the certificate of survey.’. 9 Amendment of s 56 (General manager may issue certiﬁcate of survey for ship) (1) Section 56(2)(b)(ii), before ‘a certiﬁcate’— insert— ‘other than for the ship design,’. (2) Section 56(2A)— renumber as section 56(3). (3) Section 56(4)— renumber as section 56(8). (4) Section 56(2B) and (3)— omit, insert—

s 10 8 s 10 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 ‘ (4) A person is taken to have given the general manager the certificates of compliance necessary for subsection (2)(a)(i) if— (a) a replacement certiﬁcate for the ship was issued, or could have been issued, under section 191(3), 3 as in force immediately before the expiry of the section; or (b) design plans, subdivision and stability documents for the ship were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or (c) a certiﬁcate equivalent to a certiﬁcate of survey for the ship has been issued under a law of the Commonwealth or another State, or by a classiﬁcation society. ‘ (5) If the certificate mentioned in subsection (4)(c) is issued by a classification society and does not relate to the whole ship, the general manager may issue the certificate of survey only if the application is accompanied by the certificates of compliance mentioned in subsection (2)(a) for those parts of the ship not covered by the certificate of survey. ‘ (6) For subsection (4)(c), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. ‘ (7) A certificate of compliance for survey mentioned in subsection (2)(a)(ii) or (2)(b)(ii) must have been issued not more than 1 month before the application for the certificate of survey is made.’. 10 Amendment of s 57 (Application of Act, pt 5, div 3) Section 57(2)— insert — ‘(h) a tender to a commercial ship, if the tender— (i) is less than 6 m; and 3 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s 11 9 s 11 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 (ii) is operated by the holder of a recreational ship master’s licence; (i) a ship operated in a way that complies with the TransportOperations(MarineSafety—BareboatShips)Standard2000 or the Transport Operations (Marine Safety—Hire and Drive Ships)Standard 2000 .’. 11 Insertion of new pt 4, div 4A Part 4, after section 74— insert— ‘Division 4A—Wing in ground effect craft ‘74A Wing in ground effect craft ‘ (1) A person is not appropriately licensed to operate a commercial ship that is a wing in ground effect craft unless— (a) the person satisﬁes the general manager the person is competent to operate a wing in ground effect craft of the intended size in the intended area of operation; and (b) the general manager issues a licence to the person to operate the wing in ground effect craft in the intended area of operation. ‘ (2) The general manager may require the person to give the general manager a practical demonstration of the person’s skills in operating a wing in ground effect craft. ‘ (3) If the general manager is satisfied a person is competent to operate a wing in ground effect craft, the general manager must issue a licence to the person to operate the wing in ground effect craft. ‘ (4) The procedure for obtaining a licence is in part 6, division 2. 4 ‘ (5) This section applies despite sections 58 and 66. 5 ’. 4 Part 6 (Authorities), division 2 (How authority is obtained) 5 Sections 58 (Licence required to operate etc. commercial ship) and 66 (Qualiﬁcations for licences for commercial and ﬁshing ships)

s 12 10 s 14 Transport Operations (Marine Safety) Amendment No. 76, 2003 Regulation (No. 2) 2003 12 Amendment of sch 2 (Classes of licences) Schedule 2, column 1— insert— ‘ 6. Licence (wing in ground effect craft) • wing in ground effect craft operator’s licence’. 13 Amendment of sch 7 (Fees) Schedule 7, section 4(5), ‘1B’ to ‘2B’— omit, insert— ‘1A, B, C, D and E ships and class 2A, B’. 14 Amendment of sch 11 (Dictionary) Schedule 11— insert— ‘ “1987 regulation” means the repealed Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987. “AS/NZS” means a standard published jointly by Standards Australia and Standards New Zealand. “wing in ground effect craft” means a commercial ship constructed to move above the surface of the water using ground effect to lift off, land and maintain a limited altitude.’. ENDNOTES 1. Made by the Governor in Council on 1 May 2003. 2. Notiﬁed in the gazette on 2 May 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport.