Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005 (Qld)

Queensland Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 50 made under the TransportOperations(MarinePollution)Act1995 TransportOperations(MarineSafety)Act1994 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of the Transport Operations (Marine Safety) Regulation 2004 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Replacement of s 6 (References to length of ship) . . . . . . . . . . . 3 6 References to length of ship. . . . . . . . . . . . . . . . . . . . 3 Amendment of s 71 (Definitions for div 5) . . . . . . . . . . . . . . . . . . 4 Amendment of s 176 (Application of Act, pt 8) . . . . . . . . . . . . . . . 4 Amendment of s 181 (Owner or master to report shipping movements in pilotage area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 181A Reporting movement of ship 35 m or more but less than 50 m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 190 (Report requested by harbour master). . . . 6 Replacement of ss 193–195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 193 Pilotage fees for pilotage service . . . . . . . . . . . . . . . . 6

11 12 13 14 15 Part 3 16 17 18 19 2 Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005 No. 50, 2005 194 No pilotage fee for removal of a ship that is part of arrival or departure . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Fee if pilot cannot leave ship . . . . . . . . . . . . . . . . . . . 195A Cancellation fee if pilotage amended or cancelled . . . 195B Delay fee if pilotage delayed. . . . . . . . . . . . . . . . . . . . Amendment of s 196 (Conservancy dues for ships). . . . . . . . . . . Insertion of new part 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Other transitional provisions 236A Transitional provision for the Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. ..) 2005—pilotage fees . . . . . . . . . . . Amendment of sch 6 (Compulsory pilotage areas) . . . . . . . . . . . Amendment of sch 10 (Fees and charges) . . . . . . . . . . . . . . . . . Amendment of sch 15 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Transport Operations (Marine Pollution)Regulation 1995 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 38D (Declared ship for Act, s 49) . . . . . . . . . . . Amendment of s 38F (Ships to which Act, s 51 applies) . . . . . . . Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 7 7 8 8 9 9 9 10 10 16 17 17 17 17

s1 3 s4 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 April 2005. Part 2 Amendment of the Transport Operations (Marine Safety) Regulation 2004 3 Regulation amended in pt 2 This part amends the Transport Operations (Marine Safety) Regulation 2004 . 4 Replacement of s 6 (References to length of ship) Section 6— omit, insert— ‘6 References to length of ship ‘A reference in this regulation to the length of a ship is a reference to— (a) for section 176, and schedule 10, sections 9 (other than section 9(2)(c)(i)), 18 and 18A—the distance measured from the foremost tip of the hull to the aftermost part of the hull, excluding appendages; or

s5 4 s6 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 (b) otherwise—the measured length of the ship within the meaning of the USL code, section 1, part 2. 1 ’. 5 Amendment of s 71 (Definitions for div 5) Section 71, heading, ‘ div 5 ’— omit, insert— ‘ div 6 ’. 6 Amendment of s 176 (Application of Act, pt 8) (1) Section 176(1)— omit, insert— ‘(1) The following are ships to which part 8 2 of the Act applies— (a) a ship that is 50 m or more; (b) a small ship (the relevant ship ) if— (i) it is combined with another small ship for propelling 1 of the ships; and (ii) the total of the lengths of the ships is 50 m or more; and (iii) the master of the relevant ship has command of the combined ships; (c) a ship whose owner or master asks for the services of a pilot; (d) a ship whose master is directed by a harbour master to use the services of a pilot.’. (2) Section 176(2), ‘to (c)’— omit, insert— ‘or (b)’. (3) Section 176(3), definition small ship — 1 USL Code, section 1 (Introduction, definitions and general requirements), part 2 (Definitions) 2 Part 8 (Pilots) of the Act

s7 5 s8 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 omit, insert— ‘ small ship means a ship that is less than 50 m.’. 7 Amendment of s 181 (Owner or master to report shipping movements in pilotage area) (1) Section 181, heading— omit, insert— ‘181 Reporting movement of ship mentioned in s 176(1) ’. (2) Section 181(1), ‘section 176(1)(a) to (d)’ and footnote— omit, insert— ‘section 176(1) 3 ’. (3) Section 181(2), after ‘harbour master’— insert — ‘for the pilotage area’. 8 Insertion of new s 181A Part 7, division 4, after section 181— insert — ‘181A Reporting movement of ship 35 m or more but less than 50 m ‘(1) This section applies if a ship that is 35 m or more but less than 50 m— (a) is to arrive at, or depart from, a pilotage area; or (b) is to be removed from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area. ‘(2) A person who is the owner or master of the ship must report the expected time of a movement of the ship to the harbour master for the pilotage area in the approved form within the time stated in subsection (3). Maximum penalty—40 penalty units. 3 Section 176 (Application of Act, pt 8)

s 9 6 s 10 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘(3) The report must be made— (a) for the first movement of the ship in a reporting period for the ship—at least 24 hours before the movement; and (b) for any subsequent movement of the ship in the reporting period for the ship—within the time decided by the harbour master necessary to maintain the effectiveness and efficiency of the Queensland maritime industry. ‘(4) In this section— movement , of a ship, means an arrival, departure or removal of the ship. reporting period , for the ship, means a period of 30 days from the day of a movement of the ship in the pilotage area not otherwise covered by an existing reporting period for the ship in the pilotage area.’. 9 Amendment of s 190 (Report requested by harbour master) Section 190(1), ‘of a pilotage area’— omit, insert— ‘for a pilotage area’. 10 Replacement of ss 193–195 Sections 193 to 195— omit, insert— ‘193 Pilotage fees for pilotage service ‘(1) Pilotage fees are payable when a person navigates a ship in a pilotage area and uses the services of a pilot. 4 4 Under section 99 (Pilots required for ship navigation in compulsory pilotage area) of the Act, a person must not navigate a ship in a compulsory pilotage area unless the person uses the services of a pilot.

s 10 7 s 10 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘(2) Schedule 10 states the pilotage fee for an arrival, departure or removal of a ship in a pilotage area, other than a non-prescribed fee area. ‘(3) A fee in an amount decided by the general manager, that is not more than the reasonable cost of providing the services of the pilot, is the pilotage fee for pilotage for— (a) a non-prescribed fee area; or (b) a movement of a ship (other than an arrival, departure or removal of the ship) in a pilotage area that is not a non-prescribed fee area. ‘(4) In this section— non-prescribed fee area means— (a) the Daintree River pilotage area; or (b) the Noosa pilotage area; or (c) the Whitsundays pilotage area. ‘194 No pilotage fee for removal of a ship that is part of arrival or departure ‘If a removal of a ship is part of the ship’s arrival at, or departure from, a pilotage area, no pilotage fee is payable for the removal. ‘195 Fee if pilot cannot leave ship ‘(1) This section applies if a ship departs from a pilotage area. ‘(2) If a pilot cannot leave the ship after pilotage of the ship ends, an additional fee is payable in the amount of the reasonable costs of returning the pilot to the pilotage area. ‘(3) Subsection (2) does not apply if the pilot is not able to leave the ship after the pilotage ends because of something beyond the control of the ship’s master.

s 10 8 s 10 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘195A Cancellation fee if pilotage amended or cancelled ‘(1) This section applies if a person who is the owner or master of a ship has arranged pilotage for the ship with a harbour master. ‘(2) A cancellation fee stated in schedule 10 is payable if the person amends or cancels the pilotage without giving the harbour master at least 3 hours notice of the amendment or cancellation. ‘(3) However, if the general manager considers a time other than the time mentioned in subsection (2) is necessary for the effective and efficient operation of the pilotage service in a pilotage area, the general manager may, by gazette notice, specify another time (not more than 3 hours) for subsection (2) for the pilotage area. ‘195B Delay fee if pilotage delayed ‘(1) This section applies if a person who is the owner or master of a ship— (a) has arranged pilotage for the ship with a harbour master; and (b) has not given the harbour master notice of an amendment or cancellation of the pilotage under section 195A(2). ‘(2) A delay fee stated in schedule 10 is payable if pilotage for the ship is delayed for more than 30 minutes, but not more than 2 hours, after the time arranged for the pilotage with the harbour master. ‘(3) The delay fee is payable— (a) if the ship is delayed for more than 30 minutes but not more than 1 hour—for the first hour; or (b) if the ship is delayed for more than 1 hour but not more than 2 hours—for each of the first 2 hours. ‘(4) If the ship is delayed for more than 2 hours— (a) the pilotage is taken to have been cancelled; and (b) a cancellation fee stated in schedule 10 is payable.

s 11 9 s 12 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘(5) However, if the general manager considers times other than the times mentioned in subsection (3) or (4) are necessary for the effective and efficient operation of the pilotage service in a pilotage area, the general manager may, by gazette notice, specify other times (not less than the times mentioned) for subsection (3) or (4) for the pilotage area. ‘(6) In this section— delay does not include delay caused by weather affecting the ship’s ability to be safely navigated.’. 11 Amendment of s 196 (Conservancy dues for ships) Section 196(2) and (3)— omit, insert— ‘(2) A conservancy due is payable on the day the ship completes its first arrival at, removal within or departure from, a compulsory pilotage area. ‘(3) The fee payable under subsection (2) includes all the ship’s arrivals at, removals within or departures from, any compulsory pilotage area for 30 days after the fee is payable.’. 12 Insertion of new part 11, div 4 After section 236— insert— ‘Division 4 Other transitional provisions ‘236A Transitional provision for the Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005—pilotage fees ‘(1) This section applies to a ship if— (a) the ship is 50 m or more but less than 160 m; and (b) the ship may carry more than 12 passengers under the ship’s registration certificate; and (c) the ship’s port visit program and fares for carrying individual passengers, for a period after the

s 13 10 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 commencement of this section, was made publicly available before 2 October 2004; and (d) the ship’s port visit program includes more than 6 movements of the ship in any pilotage area in a year. ‘(2) The general manager may, on written application by the owner or master of the ship, give an exemption from the payment of pilotage fees for the ship to the extent that the pilotage fees are calculated or decided under section 193 or schedule 10. ‘(3) The general manager may only give the exemption for the ship if the general manager is satisfied about the matters mentioned in subsection (1) in relation to the ship. ‘(4) The exemption must not be for a period that is more than for the period of the advertised fares for the advertised port visit program. ‘(5) The pilotage fee for the services of a pilot, for a movement of the ship in a pilotage area during the period of the exemption, is the amount decided by the general manager that is not more than the reasonable cost of providing the service. ‘(6) Also, the amount that may be decided under subsection (5) for the movement of the ship in the pilotage area must not be more than the pilotage fee that would have been payable for the movement had it occurred immediately before the commencement of this section. ‘(7) This section expires on 30 June 2007.’. 13 Amendment of sch 6 (Compulsory pilotage areas) Schedule 6, entries for ‘Noosa pilotage area’ and ‘Daintree River pilotage area’— omit. 14 Amendment of sch 10 (Fees and charges) (1) Schedule 10, section 8(2)(e)(i), after ‘;’— insert—

s 14 11 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘or’. (2) Schedule 10, section 9(2)(c)— omit, insert— ‘(c) for a consent to the use of a flag for 1 month or less— (i) for a ship 50 m or less—$61.80; or (ii) for a ship more than 50 m but not more than 80 m—$132.00; or (iii) for a ship more than 80 m but not more than 150 m—$280.00; or (iv) for a ship more than 150 m but not more than 200 m—$440.00; or (v) for a ship more than 200 m—$600.00;’. (3) Schedule 10, section 10(2)(b)(i), after ‘;’— insert— ‘or’. (4) Schedule 10, sections 18 and 19— omit, insert— ‘18 Pilotage fees for arrival and departure of a ship ‘(1) This section sets the pilotage fees for a ship’s arrival at, or departure from, a pilotage area. ‘(2) The fees are set out in the following table— Pilotage area Minimum fee Abbot Point Brisbane Bundaberg Cairns Cape Flattery Cooktown Gladstone Hay Point $ 665.70 1 149.27 668.73 669.24 678.99 595.33 969.71 664.18 > 80 to 150 m $ 14.24 25.30 14.52 14.56 15.46 12.99 21.32 14.10 > 150 to 200 m $ 12.95 23.00 13.20 13.24 14.05 11.81 19.38 12.82 > 200 to 250 m $ 10.36 18.40 10.56 10.59 11.24 9.45 15.50 10.25 > 250 m $ 9.06 16.10 9.24 9.27 9.84 8.26 13.56 8.97

s 14 12 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 Pilotage area Minimum fee Karumba Lucinda Mackay Maryborough Mourilyan Port Douglas Rockhampton Skardon River Southport Thursday Island Townsville Weipa $ 599.47 663.67 664.18 595.33 664.69 595.33 660.32 595.33 595.33 595.33 670.76 1 050.69 > 80 to 150 m $ 13.37 14.05 14.10 12.99 14.15 12.99 13.75 12.99 12.99 12.99 > 150 to 200 m $ 12.15 12.78 12.82 11.81 12.86 11.81 12.50 11.81 11.81 11.81 > 200 to 250 m $ 9.72 10.22 10.25 9.45 10.29 9.45 10.00 9.45 9.45 9.45 > 250 m $ 8.51 8.94 8.97 8.26 9.00 8.26 8.75 8.26 8.26 8.26 14.70 13.37 10.69 9.36 23.54 21.40 17.12 14.98 ‘(3) The column headed ‘Pilotage area’ specifies the pilotage areas where a pilotage fee is payable. ‘(4) The column headed ‘Minimum fee’ specifies the minimum fee payable for the pilotage of a ship, including for a ship that is 80 m or less. ‘(5) The column headed ‘> 80 to 150 m’ specifies an additional fee payable for each metre of a ship more than 80 m, to a maximum of 150 m, for the corresponding pilotage area. ‘(6) The column headed ‘> 150 to 200 m’ specifies an additional fee payable for each metre of a ship more than 150 m, to a maximum of 200 m, for the corresponding pilotage area. ‘(7) The column headed ‘> 200 to 250 m’ specifies an additional fee payable for each metre of a ship more than 200 m, to a maximum of 250 m, for the corresponding pilotage area. ‘(8) The column headed ‘> 250 m’ specifies an additional fee payable for each metre of a ship more than 250 m, for the corresponding pilotage area.

s 14 13 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘18A Pilotage fees for removal of a ship ‘(1) This section sets the pilotage fees for removal of a ship to another berth or anchorage for a pilotage area. ‘(2) The fees are set out in the following table— Pilotage area Minimum fee Abbot Point Brisbane Bundaberg Cairns Cape Flattery Cooktown Gladstone Hay Point Karumba Lucinda Mackay Maryborough Mourilyan Port Douglas Rockhampton Skardon River Southport Thursday Island Townsville Weipa $ 325.26 430.98 320.48 319.70 333.38 289.93 431.62 327.72 283.66 328.55 327.72 289.93 326.89 289.93 303.83 289.93 289.93 289.93 317.39 487.18 > 80 to 150 m $ 6.96 9.49 6.96 6.96 7.59 6.32 9.49 6.96 6.33 6.96 6.96 6.32 6.96 6.32 6.32 6.32 6.32 6.32 > 150 to 200 m $ 6.33 8.62 6.33 6.33 6.90 5.75 8.62 6.33 5.75 6.33 6.33 5.75 6.33 5.75 5.75 5.75 5.75 5.75 > 200 to 250 m $ 5.06 6.90 5.06 5.06 5.52 4.60 6.90 5.06 4.60 5.06 5.06 4.60 5.06 4.60 4.60 4.60 4.60 4.60 > 250 m $ 4.43 6.04 4.43 4.43 4.83 4.02 6.04 4.43 4.03 4.43 4.43 4.02 4.43 4.02 4.02 4.02 4.02 4.02 6.96 6.33 5.06 4.43 10.92 9.92 7.94 6.95 ‘(3) The column headed ‘Pilotage area’ specifies the pilotage areas where a pilotage fee is payable. ‘(4) The column headed ‘Minimum fee’ specifies the minimum fee payable for pilotage of a ship, including for a ship that is 80 m or less. ‘(5) The column headed ‘> 80 to 150 m’ specifies an additional fee payable for each metre of a ship more than 80 m, to a maximum of 150 m, for the corresponding pilotage area.

s 14 14 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 ‘(6) The column headed ‘> 150 to 200 m’ specifies an additional fee payable for each metre of a ship more than 150 m, to a maximum of 200 m, for the corresponding pilotage area. ‘(7) The column headed ‘> 200 to 250 m’ specifies an additional fee payable for each metre of a ship more than 200 m, to a maximum of 250 m, for the corresponding pilotage area. ‘(8) The column headed ‘> 250 m’ specifies an additional fee payable for each metre of a ship more than 250 m, for the corresponding pilotage area. ‘19 Pilotage cancellation fees ‘(1) This section sets the fees for cancellation of pilotage for a pilotage area. ‘(2) The fees are set out in the following table— Pilotage area Abbot Point Brisbane Bundaberg Cairns Cape Flattery Cooktown Gladstone Hay Point Karumba Lucinda Mackay Maryborough Mourilyan Port Douglas Rockhampton Skardon River Southport Thursday Island Cancellation fee $ 506.00 572.00 484.00 484.00 528.00 440.00 572.00 506.00 440.00 506.00 484.00 440.00 484.00 440.00 440.00 440.00 440.00 440.00

s 14 15 s 14 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 Pilotage area Townsville Weipa Cancellation fee $ 484.00 572.00 ‘(3) The column headed ‘Pilotage area’ specifies the pilotage areas where a fee for cancellation of pilotage is payable. ‘(4) The column headed ‘Cancellation fee’ specifies the fee payable for cancellation of pilotage of a ship for the corresponding pilotage area. ‘19A Pilotage delay fees ‘(1) This section sets the fees for delay of pilotage for a pilotage area. ‘(2) The fees are set out in the following table— Pilotage area Abbot Point Brisbane Bundaberg Cairns Cape Flattery Cooktown Gladstone Hay Point Karumba Lucinda Mackay Maryborough Mourilyan Port Douglas Rockhampton Skardon River Southport Thursday Island Delay fee $ 253.00 286.00 242.00 242.00 264.00 220.00 286.00 253.00 220.00 253.00 242.00 220.00 242.00 220.00 220.00 220.00 220.00 220.00

s 15 16 s 15 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 Pilotage area Townsville Weipa Delay fee $ 242.00 286.00 ‘(3) The column headed ‘Pilotage area’ specifies the pilotage areas where a fee for delay of pilotage is payable. ‘(4) The column headed ‘Delay fee’ specifies the hourly fee payable for delay of pilotage of a ship for the corresponding pilotage area.’. 15 Amendment of sch 15 (Dictionary) (1) Schedule 15, definition area VTS , ‘division 4’— omit, insert— ‘division 5’. (2) Schedule 15, definition category 1 area , ‘section 203(2)’— omit, insert— ‘section 207(2)’. (3) Schedule 15, definition category 2 area , ‘section 203(2)’— omit, insert— ‘section 207(2)’. (4) Schedule 15, definition category 3 area , ‘section 203(3)’— omit, insert— ‘section 207(3)’. (5) Schedule 15, definition radio , ‘division 4’— omit, insert— ‘division 5’. (6) Schedule 15, definition small ship , ‘division 4’— omit, insert— ‘division 5’.

s 16 17 s 19 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 Part 3 Amendment of the Transport Operations (Marine Pollution) Regulation 1995 16 Regulation amended in pt 3 This part amends the TransportOperations(MarinePollution) Regulation 1995 . 17 Amendment of s 38D (Declared ship for Act, s 49) Section 38D(b), ‘ 1995’— omit, insert— ‘ 2004 ’. 18 Amendment of s 38F (Ships to which Act, s 51 applies) Section 38F(b), ‘ 1995’— omit, insert— ‘ 2004 ’. 19 Amendment of sch 10 (Dictionary) (1) Schedule 10, definition partially smooth waters , from ‘ 1995 ’— omit, insert— ‘ 2004 , schedule 15. 5 ’. (2) Schedule 10, definition smooth waters— omit, insert— ‘ smooth waters has the meaning given by the Transport Operations (Marine Safety) Regulation 2004 , but does not include— 5 Transport Operations (Marine Safety) Regulation 2004 , schedule 15 (Dictionary)

s 19 18 s 19 Transport Operations (Marine Safety) and Other No. 50, 2005 Legislation Amendment Regulation (No. 1) 2005 (a) the waters described in schedule 8 of the regulation that are within .5 n miles from land; and (b) prohibited discharge waters.’. ENDNOTES 1 Made by the Governor in Council on 31 March 2005. 2 Notified in the gazette on 1 April 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2005