Transport Operations (Marine Safety) Regulation 2004 (QLD)

Transport Operations (Marine Safety) Regulation 2004

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Marine Safety) Regulation 2004.

2   Commencement

This regulation commences on 16 August 2004.

3   Role of this regulation compared to the standards

(1)The role of this regulation is to prescribe various matters for the Act.

(2)Some provisions of this regulation state matters with which particular people must comply.

(3)The requirement to comply with a provision of this regulation is in addition to any requirement to comply with a provision of the Act, including, for example, the provisions about the general safety obligations.

Note—

See sections 40 (General safety obligation of ship designers, ship builders and marine surveyors about condition of ships) and 41 (General safety obligation of ship owners and masters about condition of ships) of the Act.

(4)The role of the standards is to help people understand the general safety obligations.

Note—

See sections 31(1) (What is a standard) and 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) of the Act.

4   Definitions

The dictionary in schedule 15 defines particular words used in this regulation.

5   References to latitude or longitude

A reference in this regulation to latitude or longitude is a reference to latitude or longitude using the coordinate framework known as Geocentric Datum of Australia (GDA94).

6   References to length of ship

A reference in this regulation to the length of a ship is a reference to—

(a)for sections 40 and 176, and schedule 10, sections 9 (other than section 9(2)(c)(i)) and 19—the distance measured from the foremost tip of the hull to the aftermost part of the hull, excluding appendages; or

(b)otherwise—the measured length of the ship within the meaning of the USL code, section 1, part 2.

7   References to standards in sch 1

(1)Schedule 1 lists the following standards mentioned in this regulation—

•AS

•AS/NZ

•BS

•ISO.

(2)Schedule 1 is included for information purposes only.

Part 2    Safety equipment

Division 1 Preliminary

8   Purpose of pt 2

The purpose of this part is to—

(a)require particular ships to be equipped with safety equipment; and

Note—

There are also standards that specify equipment, other than safety equipment mentioned in this part, with which a ship may be equipped. Two of these standards are—

•Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 2006

•Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Standard 2006.

(b)declare equipment that is safety equipment to which section 44 of the Act applies.

8A   NSCV, pt B to be read and applied with NSCV C7A

For this part, the NSCV, part B must be read and applied with the NSCV C7A.

Division 2 EPIRB for particular ships

9   Application of div 2

This division applies to a ship in Queensland waters, other than a ship—

(a)in smooth waters; or

(b)in partially smooth waters; or

(c)within 2n miles from land.

9A   Ship to be equipped with EPIRB

(1)The ship must be equipped with an EPIRB that—

(a)has an operational frequency of 406MHz; and

(b)complies with AS/NZS 4280.1:2003; and

(c)has been registered under section 9B by the owner or master of the ship on which the EPIRB is to be operated; and

(d)has up-to-date registration; and

(e)has attached to it a current registration label issued by AMSA.

(2)For subsection (1)(d), an EPIRB has up-to-date registration if—

(a)there has been no change in the particulars given by the owner or master of the ship to AMSA under section 9B for the registration of the EPIRB; or

(b)notice of each change in the particulars has been given by the owner or master of the ship to AMSA under section 9C for the EPIRB.

(3)An EPIRB that complies with this section is safety equipment to which section 44 of the Act applies.

9B   EPIRB to be registered with AMSA

For section 9A(1)(c), a person who is the owner or master of the ship must register the EPIRB with AMSA by giving notice of the following particulars to AMSA, in the way required by AMSA—

(a)the owner or master’s name, address and phone number;

(b)the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact;

(c)the identifying code of the EPIRB;

(d)details of the ship on which the EPIRB is to be operated that are reasonably required by AMSA;

(e)any other details reasonably required by AMSA.

Editor’s note—

•AMSA’s Brisbane office is at level 9, 410 Ann Street Brisbane.

•AMSA has other offices in Queensland.

9C   Notice of change in particulars of registered EPIRB

(1)For section 9A(2)(b), a person who is the owner or master of the ship must give notice to AMSA, in the way required by AMSA, of any change in the particulars given to AMSA under section 9B for the registration of the EPIRB.

(2)The person must give AMSA notice of the change within 14 days after the change.

Division 3 Other safety equipment for commercial ships

10   Application of div 3

This division applies to the following ships in Queensland waters—

(a)a ship registered under this regulation as any of the following—

(i)a commercial ship, class 1 passenger ship—class 1A, 1B, 1C, 1D, 1E or 1F;

Editor’s note—

The USL code, section 1, part 3, clause 6 describes the classifications applicable to commercial and fishing ships under this regulation.

(ii)a commercial ship, class 2 non-passenger ship—class 2A, 2B, 2C, 2D or 2E;

(b)a ship that is registrable under this regulation as a commercial ship in a class mentioned in paragraph (a), but is not registered;

(c)a commercial ship mentioned in section 60(2)(c) to (l).

11   Declaration applying Act, s 44 to equipment under this division

The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies.

12   Fire appliances—commercial ships to comply with USL code with changes

(1)This section applies to a commercial ship mentioned in the USL code, section 11.

(2)The ship must be equipped with the fire appliances required for the class of ship under the USL code, section 11.

(3)For subsection (2), a reference in the USL code, section 11 to a portable fire extinguisher is taken to be a reference to a fire extinguisher that—

(a)complies with AS/NZS 1850-2009; and

(b)has been serviced and otherwise maintained in accordance with AS 1851—2005; 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 of at least 2A30B(E) under AS/NZS 1850—1997; and

(d)if the fire extinguisher is a foam fire extinguisher—has a rating of at least 3A20B under AS/NZS 1850—1997; and

(e)if the fire extinguisher is a CO₂ fire extinguisher—has a rating of at least 5B(E) under AS/NZS 1850—1997.

(4)In this section—

commercial ship does not include a personal watercraft.

13   Safety equipment—commercial ships to comply with NSCV C7A, ch 4 with changes

(1)This section applies to a commercial ship if the ship is mentioned in the NSCV C7A, chapter 4.

(2)The ship must be equipped with the safety equipment required for the class of ship under that chapter.

Note—

Under section 8A, for this part, the NSCV, part B must be read and applied with the NSCV C7A.

(3)Subsection (2) has effect with the following changes—

(a)a reference in that chapter to complement or to the total capacity of passengers is taken to be a reference to the number of persons on board;

(b)if the ship is involved in diving operations, the requirement under that chapter to be equipped with life jackets is taken to be complied with for a particular person if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999;

(c)if the ship is registered in more than 1 class, the ship need only be equipped with the safety equipment required for the class in which it is then operating;

Example for paragraph (c)—

A ship is registered as a class 1C, 1D and 1E ship. When it is operating as a class 1D ship, it is only necessary for the ship to be equipped with the safety equipment for a class 1D ship.

(d)if the ship is operating in smooth waters, the requirement under that chapter to be equipped with life jackets is taken to be complied with if there is a PFD type 1 for each person on board;

(e)if the ship is required under that chapter to be equipped with rescue boats, life rafts or buoyant appliances, the requirement does not apply if—

(i)the ship is less than 6m and there is a statement in the approved form for the ship that the ship has positive flotation; or

(ii)for a ship that is an inflatable ship, there is a statement in the approved form for the ship that the ship has positive flotation when its largest air chamber is deflated;

(f)if life jackets required under that chapter are not available for persons under 32kg, the ship may be equipped with a PFD type 1 for each person under 32kg on board;

(g)the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(4)If the ship is registered as a class 1E or 2E ship and is a high speed ship—

(a)it must be equipped with a flashing yellow all-round light; and

(b)the light must be used while the ship is underway.

(5)In this section—

commercial ship does not include a personal watercraft.

14   Lifesaving appliances for class 1F commercial ship

(1)This section applies to a ship registered as a class 1F ship.

(2)If the ship is less than 6m, it must be equipped with the safety equipment that would be required for it under section 29(2), 30(1), 31 or 33 if it were a recreational ship.

(3)If the ship is 6m or more, it must be equipped as follows—

(a)when operating in smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2E ship, but the ship need not be fitted with life jackets if the ship is equipped with a PFD type 1 for each person on board;

(b)when operating in partially smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2D ship;

(c)when operating beyond partially smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2C ship.

(4)Subsection (3) has effect with the following changes—

(a)if a provision of the USL code, section 10, part 3 requires the ship to be equipped with life jackets, lifeboats, life rafts or buoyant appliances having regard to the complement or number of persons the ship is certified to carry, the reference to the complement or number is taken to be a reference to the number of persons on board;

(b)the ship must be equipped with an emergency portable lighting device, capable of giving off reasonable light in an emergency, for each person engaged in the operation of the ship;

(c)the requirement under the USL code, section 10, part 3 to be equipped with distress signals is taken to be complied with if the ship is equipped with a V sheet, 2 handheld red flares and 2 handheld orange smoke signals;

(d)if the ship is involved in diving operations, the requirement under the USL code, section 10, part 3 to be equipped with life jackets is taken to be complied with for a particular person if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999;

(e)if the ship is less than 7m, the ship may be operated without lifebuoys;

(f)the ship need not be fitted with the lifeboats, life rafts or buoyant appliances required under the USL code, section 10, part 3 if—

(i)the ship may have, under the USL code, section 10, part 3, and does have, internal buoyancy as stated in the USL code, section 10, appendix N; or

(ii)for a ship that is an inflatable ship, there is a statement in the approved form for the ship that the ship has positive flotation when its largest air chamber is deflated;

(g)the ship need not be fitted with any life raft required under the USL code, section 10, part 3 if—

(i)the ship has with it a tender capable of carrying everyone on board; and

(ii)the tender is marked or coloured in a way that helps to make the tender visible in the water; and

(iii)there is a statement in the approved form for the tender that the tender has positive flotation;

(h)if the ship operates only in daylight hours, any life jacket required under the USL code, section 10, part 3 need not be fitted with a light;

(i)if life jackets required under the USL code, section 10, part 3 are not available for persons under 32kg, the ship may be equipped with a PFD type 1 for each person under 32kg on board.

15   Safety equipment for class 2E commercial ship owned and operated by particular entity and operating in river etc.

(1)This section applies to a commercial ship if the ship—

(a)is registered as a class 2E ship; and

(b)is a type of ship, and is being operated in a way, mentioned in section 84(2)(h); and

(c)is operating in a river, creek, stream or waters contained within breakwaters or revetments.

(2)Despite section 13(3)(d), the requirement under the NSCV C7A, chapter 4 to be equipped with life jackets is taken to be complied with if—

(a)the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and

(b)there is a statement in the approved form for the ship that the ship has positive flotation.

16   Commercial ship used as training ship

(1)This section applies to a commercial ship if—

(a)the ship is registered as a class 2E ship; and

(b)the ship is used as a training ship by a training provider; and

(c)the person conducting the training accompanies the training ship in another ship equipped with the safety equipment required under this division for a ship of the class of the other ship.

(2)The training ship need not be equipped with the safety equipment required under this division for a class 2E ship if each person on board the training ship wears a PFD type 1 or 2 at all times.

17   Commercial ship that is a personal watercraft

(1)A commercial ship that is a personal watercraft, other than a ship registered as a class 1F ship, must be equipped with—

(a)when operating in smooth waters—a PFD type 2 or 3 for the operator of, and each passenger on, the watercraft; and

(b)when operating in partially smooth waters or beyond—

(i)a PFD type 2 for the operator of, and each passenger on, the watercraft; and

(ii)a V sheet; and

(iii)2 handheld red flares; and

(iv)2 handheld orange smoke signals.

(2)However, subsection (1)(b)(ii), (iii) and (iv) does not apply to a personal watercraft operating—

(a)under an aquatic event authority; or

(b)beyond partially smooth waters and within 0.5 nautical miles from land.

(3)For subsection (1), if the operator of, or a passenger on, the personal watercraft is not wearing a PFD with which the personal watercraft is equipped, the personal watercraft is taken not to be equipped with the PFD.

(4)The flares and signals mentioned in subsection (1)(b)(iii) and (iv) must conform to—

(a)the USL code; or

(b)SOLAS; or

(c)AS 2092—2004.

18   Safety equipment not otherwise stated

If this division does not otherwise state the safety equipment that a commercial ship must be equipped with, the ship must be equipped with the safety equipment for a recreational ship as required under division 5.

19   Safety equipment for class 1F ship to comply with particular provisions of USL code

(1)The safety equipment with which a class 1F ship must be equipped under this division must be stowed, marked, and be of a type, as stated in the USL code, section 10, parts 1, 2 and 4.

(2)If there is a failure to comply with subsection (1), the ship is taken not to be equipped with the safety equipment.

19A   Safety equipment for commercial ship, other than class 1F ship, to comply with particular provisions of NSCV

(1)The safety equipment with which a commercial ship, other than a class 1F ship, must be equipped under this division must comply with the following provisions of the NSCV C7A—

(a)chapter 2, other than clauses 2.11 and 2.12.2;

(b)chapter 3;

(c)chapter 5.

Note—

The chapters deal with specifications, stowage, marking and maintenance of safety equipment, and other matters.

(2)Subsection (1) has effect with the following changes—

(a)a reference in the NSCV C7A, clause 2.10 to ‘Clauses 2.11 to 2.12’ is taken to be a reference to clause 2.12.1;

(b)a reference in the NSCV C7A, clause 5.8, 5.9, 5.10, 5.12 or 5.15 to ‘such longer intervals as recommended by the manufacturer and approved at the time the product is assessed and verified in accordance with Clause 2.12.2’ is taken to be a reference to ‘any longer interval recommended by the manufacturer in writing’;

(c)the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(3)If there is a failure to comply with subsection (1) with the changes under subsection (2), the ship is taken not to be equipped with the safety equipment.

Division 4 Other safety equipment for fishing ships

20   Application of div 4

(1)This division applies to the following ships—

(a)a ship registered under this regulation as a fishing ship—class 3A, 3B, 3C, 3D or 3E;

(b)a ship that is registrable under this regulation as a fishing ship in a class mentioned in paragraph (a), but is not registered;

(c)a fishing ship less than 10m.

(2)However, this division does not apply to the following—

(a)a fishing ship used for fishing in an ocean beach fishery under the Fisheries Act 1994;

(b)a tender of the type described in section 60(2)(h) if the tender—

(i)is not powered; or

(ii)is powered by an engine of less than 3kW.

21   Declaration applying Act, s 44 to equipment under this division

The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies.

22   Fire appliances—fishing ships to comply with USL code with changes

(1)If the ship is a ship mentioned in the USL code, section 11, it must be equipped with the fire appliances required for the class of ship under the provision.

(2)For subsection (1), a reference in the USL code, section 11 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 and otherwise maintained in accordance with AS 1851—2005; 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 of at least 2A30B(E) under AS/NZS 1850—1997; and

(d)if the fire extinguisher is a foam fire extinguisher, has a rating of at least 3A20B under AS/NZS 1850—1997; and

(e)if the fire extinguisher is a CO₂ fire extinguisher, has a rating of at least 5B(E) under AS/NZS 1850—1997.

23   Safety equipment—fishing ships to comply with NSCV C7A, ch 4 with changes

(1)This section applies to a fishing ship if the ship is mentioned in the NSCV C7A, chapter 4.

(2)The ship must be equipped with the safety equipment required for the class of ship under that chapter.

Note—

Under section 8A, for this part, the NSCV, part B must be read and applied with the NSCV C7A.

(3)Subsection (2)—

(a)does not apply to a fishing ship that is a tender boat under the Fisheries Act 1994 or is under 10m, if it is equipped with—

(i)the safety equipment required under section 31 for a recreational ship operating beyond smooth waters; and

(ii)an emergency portable lighting device, capable of giving off reasonable light in an emergency, for each person engaged in the operation of the ship; and

(b)has effect with the following changes—

(i)a reference in that chapter to complement in relation to a ship or to the total capacity of passengers is taken to be a reference to the number of persons on board; and

(ii)the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

24   [Repealed]

25   Safety equipment not otherwise stated

If this division does not otherwise state the safety equipment that a fishing ship must be equipped with, the ship must be equipped with the safety equipment as required for a recreational ship under division 5.

26   Safety equipment for fishing ship to comply with particular provisions of NSCV

(1)The safety equipment with which a fishing ship must be equipped under this division must comply with the following provisions of the NSCV C7A—

(a)chapter 2, other than clauses 2.11 and 2.12.2;

(b)chapter 3;

(c)chapter 5.

Note—

The chapters deal with specifications, stowage, marking and maintenance of safety equipment, and other matters.

(2)Subsection (1) has effect with the following changes—

(a)a reference in the NSCV C7A, clause 2.10 to ‘Clauses 2.11 to 2.12’ is taken to be a reference to clause 2.12.1;

(b)a reference in the NSCV C7A, clause 5.8, 5.9, 5.10, 5.12 or 5.15 to ‘such longer intervals as recommended by the manufacturer and approved at the time the product is assessed and verified in accordance with Clause 2.12.2’ is taken to be a reference to ‘any longer interval recommended by the manufacturer in writing’;

(c)the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(3)If there is a failure to comply with subsection (1) with the changes under subsection (2), the ship is taken not to be equipped with the safety equipment.

Division 4A Commercial and fishing ships—proposed equivalent solution under NSCV to required outcome about safety equipment

26A   Application of div 4A

This division applies if section 13, 19A, 23 or 26 applies to a ship.

26B   Proposed equivalent solution—change to what must be shown

(1)A requirement under the NSCV, part B, clause 2.3.6.2 that equivalent solutions must be proven to satisfy the required outcomes to the extent specified within the NSCV is taken to be a requirement that a person who is the owner or master of the ship must satisfy the general manager that the proposed equivalent solution satisfies the required outcomes to the extent specified in the NSCV.

(2)If the general manager is satisfied as mentioned in subsection (1), the general manager must state the following on the registration certificate of the ship to which the equivalent solution relates—

(a)the solution;

(b)that the solution is an equivalent solution for the ship;

(c)the requirement under the NSCV for which the solution in an equivalent solution.

(3)A ship is taken not to be equipped with safety equipment that the owner or master of the ship seeks to rely on as an equivalent solution for the ship, unless the ship’s registration certificate states the matters mentioned in subsection (2).

Division 5 Other safety equipment for recreational ships

27   Application of div 5

(1)This division applies to the following ships—

(a)a ship registered under this regulation as a recreational ship;

(b)a ship that is registrable under this regulation as a recreational ship but is not registered;

(c)a recreational ship mentioned in any of paragraphs (a) to (l) of section 60(2), other than paragraphs (f) and (i).

(2)Also, this division applies to a commercial ship or fishing ship to the extent necessary to give effect to sections 18 and 25.

28   Declaration applying Act, s 44 to equipment under this division

The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies.

29   Lighting devices for signalling for recreational ship on water at night

(1)Despite section 27(1)(c), this section also applies to a recreational ship mentioned in section 60(2)(f) and (i).

(2)A recreational ship on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.

Examples of lighting devices—

torches, lanterns, fluorescent lights and cyalume sticks

(3)Also, the ship must display a flashing white all-round light if the ship—

(a)is used for training or competition; and

(b)is not powered but is propelled by using oars or paddles; and

(c)is operated on the Brisbane River.

(4)Subsections (2) and (3) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 126.

30   Safety equipment for recreational ship operating in smooth waters

(1)A recreational ship, other than a personal watercraft, operating in smooth waters must be equipped with—

(a)a PFD type 1, 2 or 3 for each person on board; and

(b)if the ship is more than 5m, firefighting equipment capable of extinguishing fire on the ship quickly and effectively.

(2)However, subsection (1)(a) does not apply if—

(a)the ship operates in a river, creek, stream or the waters contained within breakwaters or revetments; and

(b)the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and

(c)there is a statement in the approved form for the ship that the ship has positive flotation.

31   Safety equipment for recreational ship operating in partially smooth waters and beyond

(1)A recreational ship, other than a personal watercraft, operating in or beyond partially smooth waters must be equipped with—

(a)if the ship is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and

(b)if the ship is operating beyond partially smooth waters—a PFD type 1 for each person on board; and

(c)a V sheet; and

(d)2 handheld red flares; and

(e)2 handheld orange smoke signals; and

(f)if the ship is more than 5m—firefighting equipment capable of extinguishing fire on the ship quickly and effectively.

(2)The flares and signals mentioned in subsection (1)(d) and (e) must conform to—

(a)the USL code; or

(b)SOLAS; or

(c)AS 2092—2004.

32   Exception for person on recreational ship wearing diver’s jacket

Despite sections 30 and 31, a recreational ship need not be equipped with a personal flotation device for a person on board, if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999.

33   Safety equipment for recreational ship that is a personal watercraft

(1)A recreational ship that is a personal watercraft must be equipped with a PFD for the operator of, and each passenger on, the watercraft.

(2)For subsection (1), if the operator of, or a passenger on, the personal watercraft is not wearing a PFD with which the personal watercraft is equipped, the personal watercraft is taken not to be equipped with the PFD.

(3)Also, a recreational ship that is a personal watercraft operating in or beyond partially smooth waters must be equipped with—

(a)a V sheet; and

(b)2 handheld red flares; and

(c)2 handheld orange smoke signals.

(4)However, subsection (3) does not apply to a personal watercraft operating—

(a)under an aquatic event authority; or

(b)beyond partially smooth waters and within 0.5 nautical miles from land.

(5)The flares and signals mentioned in subsection (3)(b) and (c) must conform to—

(a)the USL code; or

(b)SOLAS; or

(c)AS 2092—2004.

(6)In this section—

PFD means—

(a)if the watercraft is operating in smooth waters—a PFD type 2 or 3; or

(b)if the watercraft is operating in partially smooth waters or beyond—a PFD type 2.

33A   Stowage and accessibility of safety equipment

A recreational ship is taken not to be equipped with safety equipment under this division unless—

(a)the owner or master gives each person on board information about where the safety equipment is kept; and

Example—

The information may be given orally or in a demonstration or printed sign.

(b)subject to section 33 or 40(2)(b)—for safety equipment that is a life jacket or personal flotation device (each the flotation device), the flotation device—

(i)is clearly visible while a person is on board; or

(ii)is kept in a place—

(A)from which the flotation device is readily accessible; and

(B)that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.

Division 6 Other safety equipment for tenders

34   Application of div 6

This division applies to a tender, if the tender is required to be registered.

35   Declaration applying Act, s 44 to equipment under this division

The equipment with which a tender is required to be equipped under this division is safety equipment to which section 44 of the Act applies.

36   Lighting device for signalling for tender on water at night

(1)A tender on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention.

Examples of lighting devices—

torches, lanterns, fluorescent lights and cyalume sticks

(2)Subsection (1) does not limit the obligation of the person operating the tender to equip the tender with navigation lights as required under section 126.

37   Safety equipment for tender operating in smooth waters

(1)A tender operating in smooth waters must be equipped with—

(a)a PFD type 1, 2 or 3 for each person on board; and

(b)if the tender is more than 5m—firefighting equipment capable of extinguishing fire on the tender quickly and effectively.

(2)Despite subsection (1)(a), a tender operating in smooth waters is not required to be equipped with a PFD type 1, 2 or 3 for each person on board—

(a)if—

(i)the tender is used within 1km of the ship for which it is a tender; and

(ii)there is a statement in the approved form for the tender that the tender has positive flotation; or

(b)if—

(i)the tender operates in a river, creek, stream or the waters contained within breakwaters or revetments; and

(ii)the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and

(iii)there is a statement in the approved form for the tender that the tender has positive flotation.

38   Safety equipment for tender operating in partially smooth waters and beyond

(1)A tender operating in or beyond partially smooth waters must be equipped with—

(a)if the tender is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and

(b)if the tender is operating beyond partially smooth waters—a PFD type 1 for each person on board; and

(c)a V sheet; and

(d)2 handheld red flares; and

(e)2 handheld orange smoke signals; and

(f)if the tender is more than 5m—firefighting equipment capable of extinguishing fire on the tender quickly and effectively.

(2)Despite subsection (1)(a), a tender operating in partially smooth waters is not required to be equipped with a PFD type 1 or 2 for each person on board if—

(a)the tender is used within 1km of the ship for which it is a tender; and

(b)there is a statement in the approved form for the tender that the tender has positive flotation.

(3)Despite subsection (1)(b), a tender operating beyond partially smooth waters is not required to be equipped with a PFD type 1 or 2 for each person on board if—

(a)the tender is operated within a radius of 500m from its primary ship; and

(b)there is a statement in the approved form for the tender that the tender has positive flotation.

(4)The flares mentioned in subsection (1)(d) must conform to—

(a)the USL code; or

(b)SOLAS; or

(c)AS 2092—2004.

39   Exception for person on tender wearing diver’s jacket

Despite sections 37 and 38, a tender need not be equipped with a personal flotation device for a person on board if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999.

Division 7 Life jackets and personal flotation devices

40   Life jackets and personal flotation devices

(1)This section applies if the requirements under this regulation for a ship’s safety equipment include a requirement for a life jacket or personal flotation device for each person on board.

(2)The ship is taken not to be equipped with the required safety equipment unless—

(a)there is an appropriate life jacket or personal flotation device for each person on board; and

(b)if the ship is an open boat that is less than 4.8m—

(i)while the ship is underway, each person on board who is under 12 years is wearing—

(A)the required appropriate life jacket or personal flotation device; or

(B)an appropriate PFD type 1; and

(ii)while the ship is crossing a coastal bar, each person on board is wearing—

(A)the required appropriate life jacket or personal flotation device; or

(B)an appropriate PFD type 1.

(3)In this section—

appropriate, in relation to a life jacket or personal flotation device for a person, means of an appropriate size for the person.

open boat means a ship the structure of which does not include a permanent rigid deckhouse, cabin or other enclosed space suitable for a person to occupy.

person means an individual who is 1 year or more.

40A   Custom-made PFDs

(1)This section applies if—

(a)under this regulation, a ship is required to be equipped with a personal flotation device for each person on board; and

(b)the ship is equipped with a custom-made PFD for a person.

(2)The ship is taken to be equipped with the required personal flotation device for the person if—

(a)there is a manufacturer’s declaration for the custom-made PFD; and

(b)the ship is required to be equipped with the type of personal flotation device in place of which the manufacturer’s declaration states the custom-made PFD may be used; and

(c)the master of the ship—

(i)keeps a copy of the manufacturer’s declaration while the person is on board; and

(ii)reasonably believes the person is the person stated in the manufacturer’s declaration.

(3)In this section—

custom-made PFD, for a person, means a personal flotation device that has—

(a)been constructed using the same materials and methods of construction as—

(i)for a custom-made PFD that is used in place of a PFD type 1—a PFD type 1; or

(ii)for a custom-made PFD that is used in place of a PFD type 2—a PFD type 2; or

(iii)for a custom-made PFD that is used in place of a PFD type 3—a PFD type 3; and

(b)flotation appropriate to the type and body mass of the person.

manufacturer’s declaration, for a custom-made PFD, means a declaration by the manufacturer of the custom-made PFD that states the following—

(a)the type of personal flotation device in place of which the custom-made PFD may be used;

(b)that the custom-made PFD has been constructed using the same materials and methods of construction as the type of personal flotation device in place of which the custom-made PFD may be used;

(c)the name of the person for whom the custom-made PFD has been manufactured;

(d)that the custom-made PFD has flotation appropriate to the type and body mass of the person for whom the custom-made PFD has been manufactured;

(e)how the custom-made PFD may be identified.

Division 8 Expiry date for safety equipment

41   Expiry date for particular safety equipment

(1)This section applies if a ship is equipped with any of the following safety equipment for this part—

(a)an EPIRB;

(b)a fire extinguisher;

(c)flares;

(d)a life raft that is inflatable;

(e)a PFD type 1, 2 or 3 that is inflatable;

(f)smoke signals.

(2)The safety equipment mentioned in subsection (1) must show a legible expiry date (however described) for the equipment.

(3)The equipment must be serviced by the manufacturer or the manufacturer’s authorised service agent, or be replaced, before the expiry date.

(4)If there is a failure to comply with subsection (2) or (3), the ship is taken not to be equipped with the safety equipment.

Part 3    Accreditation, ship building and registration of ships

Division 1 Accreditation of ship designers, ship builders and marine surveyors

42   Application of Act, pt 5, div 4

(1)Part 5, division 4 of the Act applies to a commercial ship or fishing ship that—

(a)the general manager would not be able to register under this part unless an application to register the ship were accompanied by a certificate of compliance for the ship; or

Note—

See division 4 (Registration of ships).

(b)is built in Queensland but is to be operated in another State, or a foreign country, and for which—

(i)an accredited ship designer or marine surveyor has been requested to issue a certificate of compliance; or

(ii)the general manager has been requested to issue a certificate of survey under division 5.

(2)For this division and section 70 only, a ship mentioned in subsection (1)(b) is a ship connected with Queensland.

(3)However, section 67 of the Act does not apply to a commercial ship if after the ship is built—

(a)the ship will be less than 6m; and

(b)the ship will operate only in smooth or partially smooth waters or within 15n miles from land; and

(c)a statement in the approved form that the ship has positive flotation will be issued.

43   Declaration of alterations or replacements that may affect marine safety—Act, schedule, definition building

(1)This section declares, for the schedule of the Act, definition building, alterations or replacements that may affect marine safety.

(2)An alteration or replacement affecting any of the following in a substantial way is an alteration or replacement that may affect marine safety—

(a)electrical systems;

Example—

an alteration to, or replacement of, components or wiring in an electrical system

(b)machinery and associated systems;

Example—

an alteration to, or replacement of, engines, winches, pumping systems or stern gear

(c)stability;

Examples—

•an alteration in position or amount of permanent ballast

•an alteration to scuppers and freeing ports impairing drainage

•an alteration to, or replacement of, a part of a ship (including machinery), that, because of its weight or location, alters the stability of the ship

(d)structural sufficiency;

Example—

an alteration to, or replacement of, the hull, bulkhead, deck or superstructure

(e)watertight integrity and subdivision.

Example—

an alteration of, or replacement to, a hull, watertight bulkhead, deck, enclosed superstructure, or weathertight or watertight closing device

44   Accreditation as a ship designer, ship builder or marine surveyor

(1)The general manager may accredit a person as a ship designer, ship builder or marine surveyor.

(2)The general manager may accredit the person only if the person satisfies the general manager that the person qualifies for accreditation under a standard made for this section.

(3)The procedure for accreditation is in part 6.

45   Categories of accreditation for ship designer

(1)The categories of accreditation as a ship designer are as follows—

(a)for hulls—aluminium hull, ferro-cement hull, fibre-reinforced plastic hull, steel hull or timber hull;

(b)for superstructures—for any of the hull materials mentioned in paragraph (a);

(c)electrical;

(d)load line;

(e)machinery—including propulsion and associated systems;

(f)MARPOL requirements;

(g)safety equipment;

(h)stability—including subdivision.

(2)The categories of accreditation as a ship designer may include any part of a category mentioned in subsection (1) decided by the general manager.

46   Categories of accreditation for ship builder

(1)The categories of accreditation as a ship builder are as follows—

(a)for hulls—aluminium hull, ferro-cement hull, fibre-reinforced plastic hull, steel hull or timber hull;

(b)for superstructures—for any of the hull materials mentioned in paragraph (a);

(c)electrical;

(d)machinery—including propulsion and associated systems;

(e)MARPOL requirements;

(f)safety equipment.

(2)The categories of accreditation as a ship builder may include any part of a category mentioned in subsection (1) decided by the general manager.

47   Categories of accreditation for marine surveyor

(1)The categories of accreditation as a marine surveyor are as follows—

(a)for hulls—aluminium hull, ferro-cement hull, fibre-reinforced plastic hull, steel hull or timber hull;

(b)for superstructures—for any of the hull materials mentioned in paragraph (a);

(c)electrical;

(d)load line;

(e)machinery—including propulsion and associated systems;

(f)MARPOL requirements;

(g)safety equipment;

(h)stability—including subdivision.

(2)The categories of accreditation as a marine surveyor may include any part of a category mentioned in subsection (1) decided by the general manager.

48   Hull and superstructure taken to be built of particular material

For sections 45(1)(a) or (b), 46(1)(a) or (b) and 47(1)(a) or (b), a hull or superstructure is taken to be built of a material if it is primarily built of the material.

49   Authority given by accreditation

(1)An accredited person may issue a certificate of compliance in the approved form for a ship in the category for which the accredited person is accredited.

(2)The certificate of compliance has effect subject to the conditions stated in the Act, including in this regulation, and the accredited person’s accreditation.

(3)However, an accredited person 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.

(4)An accredited person that is a corporation must inform the general manager when an individual having the supervision and management of the designing, building or surveying of a ship stops being engaged by the corporation.

Maximum penalty—20 penalty units.

50   Accredited person to keep documents

(1)This section applies to an accredited person who carries on a business (the business) of ship designing, ship building or marine surveying.

(2)The accredited person must, under subsections (3) and (4), bring into existence and keep the following documents (the documents) for the business—

(a)an operational plan (the operational plan) of a suitable standard showing—

(i)the management structure; and

(ii)individual responsibilities and the professional or trade qualifications of employees of the business; and

(iii)a system for monitoring, at each critical stage, the quality and integrity of the process of—

(A)for a ship designer—designing a ship or part of a ship; or

(B)for a ship builder—building a ship or part of a ship; or

(C)for a marine surveyor—surveying a ship or part of a ship;

(b)a record (the production record) showing details of the following—

(i)ships, or parts of ships, designed, built or surveyed by the accredited person;

(ii)the carrying out of the monitoring stated in paragraph (a)(iii);

(iii)all significant rectifications and alterations found necessary in the designing, building or surveying process;

(iv)if the accredited person is a corporation—

(A)the individual mentioned in section 49(3); and

(B)the ships or parts of ships for which the individual had the supervision and management of the designing, building or surveying.

Maximum penalty—100 penalty units.

(3)The operational plan must be brought into existence within 30 days after the business is started.

(4)The production record must be brought into existence within 1 week after the business is started, and must be brought up-to-date every week after the business is started.

(5)The operational plan is taken to be of a suitable standard if it is a current operational quality management and assurance system certified by a certification entity.

(6)The accredited person must ensure that—

(a)entries in the documents are complete and accurate; and

(b)if there is a change to something mentioned in subsection (2)(a)—the documents are amended to show the change within 14 days after the change; and

(c)the documents are kept—

(i)at the accredited person’s place of business; and

(ii)for at least 7 years after they are made.

Maximum penalty—100 penalty units.

(7)In this section—

accredited includes temporarily accredited under section 153.

certification entity means an entity that—

(a)is accredited by the council; and

(b)is kept on the council’s register of certification entities.

council means the Council of Joint Accreditation System of Australia and New Zealand.

51   Accredited person not to issue certificate of compliance unless insured

(1)An accredited person must not issue a certificate of compliance for a ship, or part of a ship, that is designed, built or surveyed by the person while the person is accredited unless the person is covered by an insurance policy providing for the person’s legal liability arising out of or in respect of the issue of the certificate.

Maximum penalty—100 penalty units.

(2)This section is subject to section 53.

52   Accredited person to maintain policy

(1)This section applies if an accredited person has issued a certificate of compliance for a ship, or part of a ship, whether before or after the commencement of this section.

(2)While the accredited person continues to be accredited, the person must obtain and keep in force an insurance policy providing for the liability mentioned in section 51(1).

Maximum penalty—100 penalty units.

(3)The accredited person must give the general manager a copy of the certificate of insurance or renewal of the policy within 5 business days after taking out or renewing the policy.

Maximum penalty—50 penalty units.

(4)This section is subject to section 53.

53   Accredited person who can not obtain insurance for s 51

(1)This section applies if the general manager is satisfied that an accredited person can not reasonably obtain or keep in force an insurance policy providing for the liability mentioned in section 51(1).

(2)The general manager may, by written notice given to the accredited person, allow the person to issue a certificate of compliance for a ship, or part of a ship, if the general manager is satisfied that—

(a)it is necessary to allow the accredited person to issue certificates of compliance to maintain the efficiency and effectiveness of the Queensland maritime industry; and

(b)marine safety will not be significantly affected.

(3)The notice may contain any conditions about issuing certificates of compliance that the general manager considers necessary.

(4)The accredited person must comply with any conditions imposed by the general manager about issuing certificates of compliance.

Maximum penalty—100 penalty units.

(5)Before the accredited person enters into a contract with another person in relation to an activity for which the accredited person is accredited, the accredited person must give the other person a written notice stating that the accredited person does not have an insurance policy providing for the liability mentioned in section 51(1).

Maximum penalty—100 penalty units.

Division 2 Other provisions about ship design and survey

54   Application of Act, pt 5, div 5

Part 5, division 5 of the Act applies to the ships to which, under section 42(1) of this regulation, part 5, division 4 of the Act applies.

Division 3 Building of ships

55   Application of div 3

This division applies to a ship that—

(a)is mentioned in section 42(1); or

(b)if built, would be a ship mentioned in section 42(1); or

(c)is registered under this regulation, if—

(i)the documents produced to the general manager when the ship was registered included a current certificate of survey for the ship issued under section 70, or a certificate equivalent to a certificate of survey issued under a law of the Commonwealth or another State, or by a classification society; and

(ii)the ship is the subject of further building.

56   Certificate for design and other documents to be given to general manager before building starts

A person, including an accredited ship builder, must not start building a ship, or part of a ship, unless the person has given the general manager at least 5 business days written notice of the person’s intention to build the ship or part together with—

(a)particulars of the certificate of compliance for the design of the ship or part and the plans and other documents mentioned in the certificate; or

(b)the design approval certificate for the ship or part.

Maximum penalty—100 penalty units.

57   Responsibility for ensuring issue of certificate of compliance for survey

(1)This section applies if—

(a)a person (the builder) is building a ship or part of a ship; and

(b)the builder is not an appropriately accredited ship builder to build the ship or part.

(2)The builder must—

(a)ensure the ship or part is surveyed by a marine surveyor who is accredited to survey the ship or part; and

(b)obtain from the surveyor a certificate of compliance for the survey of the ship or part.

Maximum penalty—100 penalty units.

(3)If the builder is building the ship or part for another person, the builder must give the certificate of compliance mentioned in subsection (2)(b) to the other person when delivering the ship or part.

Maximum penalty—10 penalty units.

(4)However, the builder is not required to comply with subsections (2) and (3) if—

(a)the builder is building the ship or part for another person; and

(b)before the building started, the other person gave the builder a signed notice stating the other person did not require the builder to comply with subsections (2) and (3).

(5)If, under subsection (4), the builder is not required to comply with subsections (2) and (3), the other person must—

(a)ensure the ship or part is surveyed by a marine surveyor who is accredited to survey the ship or part; and

(b)obtain from the surveyor a certificate of compliance for the survey of the ship or part.

Maximum penalty—100 penalty units.

58   Effect on certificates if further building

(1)This section applies if—

(a)further building of a ship takes place; or

(b)something happens to a ship that requires further building of the ship before it may be operated safely.

(2)A certificate of compliance or design approval certificate for the ship stops having effect so far as it relates to the ship, or part, that is the subject of the further building or required further building.

59   Copy of certificate to general manager

(1)Subsection (2) applies if—

(a)further building of a ship, or part of a ship, is to take place; and

(b)an accredited ship designer issues a certificate of compliance for the ship or part.

(2)The accredited ship designer must give the general manager a copy of the certificate within 5 business days after issuing the certificate.

Maximum penalty—10 penalty units.

(3)Subsection (4) applies if—

(a)further building of a ship, or part of a ship, has been completed; and

(b)an accredited ship builder or marine surveyor issues a certificate of compliance for the ship or part.

(4)The accredited ship builder or marine surveyor must give the general manager a copy of the certificate within 5 business days after issuing the certificate.

Maximum penalty—20 penalty units.

Division 4 Registration of ships

60   Application of Act, pt 5, div 2

(1)The following are ships to which part 5, division 2 of the Act applies—

(a)all ships operating in Queensland waters owned or chartered by—

(i)an individual whose place of residence, or principal place of residence, is in Queensland; or

(ii)a person whose place of business, or principal place of business, is in Queensland; or

(iii)a person whose principal place of business for managing the ship’s operations is in Queensland;

(b)all ships not mentioned in paragraph (a)—

(i)on Queensland intrastate voyages; or

(ii)on interstate voyages while they are in Queensland waters.

Note—

Ships mentioned in subsection (1) must be registered.

(2)However, part 5, division 2 of the Act does not apply to the following ships—

(a)a ship that must be, and is, registered under the Shipping Registration Act 1981 (Cwlth), and for which there is a current certificate of survey under the law of the Commonwealth;

(b)a commercial ship, other than a barge or a composite ship, that—

(i)is not powered; or

(ii)is powered by an engine of less than 3kW;

(c)a commercial ship less than 15m that is a barge or a composite ship, if the barge or ship is—

(i)not powered, or is powered by an engine of less than 3kW; and

(ii)used for a purpose other than—

(A)carrying persons, other than employees of the person operating the ship; or

(B)carrying bulk petroleum or gas products; or

(C)living on board or entertainment; or

(D)operating a pile frame; and

(iii)not equipped with—

(A)a crane with a safe working load of more than 3t; or

(B)dredging machinery having a total brake power of 500kW or more;

(d)a commercial ship that—

(i)is not powered; and

(ii)is not intended for navigation; and

(iii)is permanently fixed to a structure on the shore by a steel cable, chain or rod;

(e)a fishing ship less than 10m;

(f)a recreational ship that—

(i)is not powered; or

(ii)is powered by an engine of less than 3kW;

(g)a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if—

(i)the ship is registered under a law of another State about the registration of ships; and

(ii)the ship’s owner is not an individual or person mentioned in subsection (1)(a)(i), (ii) or (iii);

(h)a tender, other than a tender boat under the Fisheries Act 1994, to a fishing ship if—

(i)the tender is operated only within the same distance from the fishing ship as a tender boat under the Fisheries Act 1994 may, under that Act, operate from its primary boat; and

(ii)before the tender is used for the fishing ship, the owner of the ship writes in an equipment list or logbook kept for the ship particulars of the tender sufficient to identify it;

(i)a tender to a registered recreational ship if the tender is operated only within a radius of 2n miles from the recreational ship;

(j)a tender to a registered commercial ship if the tender is—

(i)operated only within a radius of 2n miles from the commercial ship; and

(ii)before the tender is used for the commercial ship, the owner of the ship writes in an equipment list or logbook kept for the ship particulars of the tender sufficient to identify it;

(k)a ship displaying a restricted use flag under division 8;

(l)a recreational ship from a foreign country if—

(i)the ship is in Queensland waters for less than 1 year; and

(ii)the ship’s owner is not an individual or person mentioned in subsection (1)(a)(i), (ii) or (iii);

(m)to the extent the ship may be required to be registered as a commercial ship under this division, a ship registered as a recreational ship that—

(i)is a personal watercraft; and

(ii)is provided and operated by a person participating in a training program in the operation of personal watercraft.

Note—

Ships mentioned in subsection (2) do not have to be registered.

(3)Part 5, division 2 of the Act does not apply to a ship that is not on or in water.

Example of subsection (3)—

If the registration of a ship expires when the owner has the ship out of water, the owner need only register the ship when the owner intends to put the ship back in the water.

(4)In subsection (2)(c)—

composite ship means a ship made up of a number of ships welded, bolted or otherwise rigidly connected together.

61   Owner to register ship

(1)The owner of a ship to which part 5, division 2 of the Act applies must register the ship unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)The procedure for registration is in part 6.

62   Chief executive and general manager to register ships

(1)The chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship.

(2)The general manager may register a ship as a commercial ship or fishing ship according to its class under the USL code if the general manager considers the ship is, or will be, a commercial ship or fishing ship of that class.

Examples of registration for subsection (2)—

•commercial ship—class 1 passenger ship, class 1B

•fishing ship—class 3 fishing ship, class 3B

62A   Ship may not be registered without builders plate

(1)This section applies to a ship to which a builders plate is required to be fixed under part 3, division 7A.

(2)If a person applies for the ship to be registered as a recreational ship, it is the first time the ship is to be registered as a recreational ship under the Act and either of the following applies, the chief executive may refuse to register the ship as a recreational ship—

(a)a builders plate is not fixed to the ship in accordance with the ABP Standard;

(b)the chief executive reasonably believes information on a builders plate on the ship is incorrect or has not been approved by a person mentioned in section 79J.

(3)If a person applies for the ship to be registered as a commercial ship or fishing ship, it is the first time the ship is to be registered as a commercial ship or fishing ship under the Act and either of the following applies, the general manager may refuse to register the ship as a commercial ship or fishing ship—

(a)a builders plate is not fixed to the ship in accordance with the ABP Standard;

(b)the general manager reasonably believes information on a builders plate on the ship is incorrect or has not been approved by a person mentioned in section 79J.

63   Classes of registration of commercial ships and fishing ships

(1)The registration classes under the USL code for a commercial ship are set out in schedule 2, part 1 of this regulation for information purposes.

(2)The registration classes under the USL code for a fishing ship are set out in schedule 2, part 2 of this regulation for information purposes.

64   Use of commercial or fishing ship for private recreational purposes

(1)This section applies if the owner of a registered commercial or fishing ship intends the ship to be used for genuine private recreational purposes by the owner or a person nominated by the owner.

(2)Before the ship is used for recreational purposes, the owner must state in the ship’s records—

(a)the date and time when the recreational use of the ship starts; and

(b)if a nominated person is to use the ship—the name of the nominated person.

Maximum penalty—20 penalty units.

(3)The following provisions apply for the period of the recreational use—

(a)the ship is taken to be registered as a recreational ship;

(b)the provisions of this regulation about recreational ships and their operation apply to the ship;

(c)the provisions of this regulation about the operation of the ship as a commercial ship or fishing ship, do not apply to the ship;

(d)the provisions of this regulation about a condition of registration applying to the ship, do not apply to the ship.

(4)After the recreational use of the ship ends, the owner must state in the ship’s records the date and time when the use ended.

Maximum penalty—20 penalty units.

65   Requirements for first registration of commercial ship

(1)This section applies if—

(a)an application is made to the general manager to register a ship as a commercial ship; and

(b)either of the following applies to the ship—

(i)the ship has not been previously registered as a commercial ship under this regulation or the 1995 regulation;

(ii)the ship has been previously registered as a commercial ship under this regulation or the 1995 regulation and—

(A)the registration was cancelled under part 6 or the 1995 regulation; or

(B)the registration has expired and more than 6 months has elapsed since the expiry.

(2)If the ship has not been previously registered as a commercial ship, the general manager may register it as a commercial ship only if the application for registration of the ship is accompanied by—

(a)certificates of compliance for the whole ship from—

(i)an accredited ship designer; and

(ii)an accredited ship builder or an accredited marine surveyor; or

(b)the following documents for the whole ship—

(i)for the ship design—

(A)a design approval certificate for the ship; and

(B)any other certificates of compliance for the design of the ship not covered by the design approval certificate;

(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 70, or a certificate equivalent to a certificate of survey issued under a law of the Commonwealth or another State, or by a classification society.

(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 the 1995 regulation, section 191(3) 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.

(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 has been previously registered as a commercial ship, 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.

66   Exception for particular ships

(1)This section applies to a commercial ship of less than 6m that—

(a)is registrable as a class 1F, 2C, 2D or 2E ship; and

(b)operates in smooth or partially smooth waters, or within 15n miles from land.

(2)Despite section 65, the general manager may register the ship if the application for registration of the ship is accompanied by—

(a)both of the following documents—

(i)a statement in the approved form that the ship has positive flotation;

(ii)a signed statement, that the ship is suitable for its intended use and area of operation, by the ship’s builder, the builder’s agent, an accredited ship designer, an accredited ship builder or an accredited marine surveyor; or

(b)a certificate of compliance for the building or surveying of the whole ship from an accredited ship builder or an accredited marine surveyor; or

(c)a design approval certificate stating the information about the suitability of the ship and its positive flotation that would be included in the statements mentioned in paragraph (a)(i) and (ii); or

(d)if the ship is a standard production vessel—a design approval certificate issued for a ship of the same make and model.

(3)If a design approval certificate mentioned in subsection (2)(c) or (d) does not include information that would be included in the statements mentioned in subsection (2)(a)(i) and (ii), the application for registration must include the information.

67   Exception for sail training ships

(1)Despite section 65, the general manager may register a commercial ship used as a sail training ship if the application for registration of the ship is accompanied by a safety compliance form for the ship issued by Yachting Queensland.

(2)For subsection (1), the safety compliance form—

(a)must have been issued not more than 1 month before the application for registration is made; and

(b)must be to the effect that the ship complies with relevant Yachting Australia standards.

68   Requirements for first registration of fishing ship

(1)This section applies if—

(a)an application is made to the general manager to register a ship that is at least 10m as a fishing ship; and

(b)either of the following applies to the ship—

(i)the ship has not been previously registered as a fishing ship under this regulation;

(ii)the ship has been previously registered as a fishing ship under this regulation or the 1995 regulation, and—

(A)the registration was cancelled under part 6 or the 1995 regulation; or

(B)the registration has expired and more than 6 months has elapsed since the expiry.

(2)However, this section does not apply if the ship—

(a)is less than 14m; and

(b)operates only in a pilotage area; and

(c)was built and operated as a fishing ship in the intended area of operation before 1 January 1988.

(3)If the ship has not been previously registered as a fishing ship, the general manager may register it as a fishing ship only if the application for registration of the ship is accompanied by—

(a)certificates of compliance for the whole ship from—

(i)an accredited ship designer; and

(ii)an accredited ship builder or an accredited marine surveyor; or

(b)the following documents for the whole ship—

(i)for the ship design—

(A)a design approval certificate for the ship; and

(B)any other certificates of compliance for the design of the ship not covered by the design approval certificate;

(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 70, or a certificate equivalent to a certificate of survey issued under a law of the Commonwealth or another State, or by a classification society.

(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 the 1995 regulation, section 191(3) 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

(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 has been previously registered as a fishing ship, 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.

69   Declaration about ship’s seaworthiness in certificate of compliance

(1)A certificate of compliance for a ship, or part of a ship, must include a declaration in the approved form about whichever of the following aspects of seaworthiness the certificate relates to—

(a)ship design;

(b)ship construction;

(c)ship’s survey;

(d)ship’s safety equipment;

(e)ship stability;

(f)ship’s load line.

(2)The certificate may also include other issues about the condition of the ship, or part, affecting marine safety.

Division 5 Certificates of survey

70   General manager may issue certificate of survey for ship

(1)The general manager may issue a certificate of survey for a ship.

(2)The general manager may issue the certificate only if the application for the certificate is accompanied by—

(a)certificates of compliance for the whole ship from—

(i)an accredited ship designer; and

(ii)an accredited marine surveyor; or

(b)the following documents for the whole ship—

(i)for the ship design—

(A)a design approval certificate for the ship; and

(B)any other certificates of compliance for the design of the ship not covered by the design approval certificate;

(ii)other than for the ship design, a certificate of compliance for the survey of the whole ship issued by an accredited marine surveyor.

(3)The general manager may issue the certificate only if—

(a)the general manager has inspected the ship, if the general manager considers an inspection is necessary; and

(b)the general manager is satisfied the design or survey of the ship conforms with the requirements of standards about ship design or survey made under part 4, division 2 of the Act and applying to the ship.

(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 was issued, or could have been issued, under the 1995 regulation, section 191(3) as in force immediately before the expiry of the section; or

(b)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

(c)a certificate equivalent to a certificate of survey 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.

(8)The procedure for obtaining a certificate of survey for a ship is in part 6.

Division 6 Ship register

71   Definitions for div 6

In this division—

insolvent under administration means—

(a)a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or

(b)a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or

(c)a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or

(d)a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.

interested person means a person who satisfies the chief executive or the general manager that the person has a legitimate interest in obtaining access to the information in the register kept by the chief executive or general manager under this division, including, for example, that the person—

(a)is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or

(b)is proposing to commence, or has commenced, litigation in a proceeding in a court for which information in the register about a particular ship is, or may be, of relevance, but only if—

(i)the proceeding is about—

(A)a marine incident involving the ship; or

(B)the registered owner of the ship being or possibly becoming an insolvent under administration; or

(C)the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or

(D)fraudulent activities of the registered owner of the ship; or

(ii)the proceeding is before the Family Court of Australia and involves the registered owner of the ship; or

(iii)in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.

72   Register of registered recreational ships

(1)The chief executive must keep a register of registered recreational ships.

(2)The chief executive must record in the register the following particulars for a registered recreational ship—

(a)the registered owner’s name and address;

(b)the registration number;

(c)the type of registration;

(d)a description of the ship including length and beam, engine details and construction materials.

(3)The register may also include other particulars for a recreational ship decided by the chief executive.

(4)Within 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the registered owner must give the chief executive written notice of the change in the approved form.

Note—

For transfer of a ship’s registration, see section 173 (Transfer of ship’s registration).

Maximum penalty—10 penalty units.

(5)An interested person may, on payment of the appropriate fee for the inspection and on reasonable conditions imposed by the chief executive—

(a)inspect the register at the chief executive’s office when the office is open to the public; and

(b)take extracts from, or obtain a copy of particulars in, the register.

73   Register of registered commercial and fishing ships

(1)The general manager must keep a register of registered commercial ships and fishing ships.

(2)The general manager must record in the register the following particulars for a registered commercial ship or fishing ship—

(a)the registered owner’s name and address;

(b)the registration number;

(c)the type of registration and class;

(d)a description of the ship including length and beam, engine details and construction materials.

(3)The register may also include other particulars for a commercial ship or fishing ship decided by the general manager.

(4)Within 14 days after changes to a particular of a commercial ship’s or fishing ship’s registration, other than a change in the ship’s ownership, the registered owner must give the general manager written notice of the change in the approved form.

Maximum penalty—10 penalty units.

(5)An interested person may, on payment of the appropriate fee for the inspection and on reasonable conditions imposed by the general manager—

(a)inspect the register at the general manager’s office when the office is open to the public; and

(b)take extracts from, or obtain a copy of particulars in, the register.

Division 7 Display of registration and other documents and markings on ships

74   Registration number of commercial ship or recreational ship to be displayed

(1)A person who is the owner or master of a registered commercial ship or recreational ship must ensure the ship’s registration number is displayed on the ship in the way required under this section.

Maximum penalty—50 penalty units.

(2)The registration number must be—

(a)above the waterline when the ship is afloat; and

(b)permanently displayed—

(i)in dark colours on a light background; or

(ii)in light colours on a dark background; and

(c)legible from 30m away.

(3)Also, the registration number must be displayed—

(a)for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or

(b)for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or

(c)for all other ships—either on both sides of the ship or on its stern, in characters at least 75mm high.

75   Registration certificate of commercial ship or fishing ship to be displayed

(1)A person who is the owner or master of a registered commercial ship or fishing ship must ensure the ship’s registration certificate is displayed in the following way, unless it is not reasonably practicable to do so—

(a)in a conspicuous place on the ship;

(b)in a way that allows it to be read by anyone on board.

Maximum penalty—100 penalty units.

(2)If it is not reasonably practicable for the person to comply with subsection (1), the person must ensure that the ship’s registration certificate is kept on the ship.

Maximum penalty—100 penalty units.

76   Registration label of recreational ship to be attached

(1)A person who is the owner or master of a registered recreational ship must ensure that the ship’s current registration label is attached to the ship in the way required under this section.

Maximum penalty—10 penalty units.

(2)The registration label must be—

(a)on the exterior of the ship in a conspicuous place; and

(b)above the waterline when the ship is afloat.

(3)Also, the registration label must be—

(a)if the ship’s registration number is displayed on the stern of the ship—on the ship’s stern; or

(b)if the ship’s registration number is displayed on the sides of the ship—on the ship’s port side near the registration number.

77   Capacity label of registrable recreational ship to be attached

(1)A person who is the owner or master of a registrable recreational ship must ensure that a capacity label is permanently attached to the ship in a place that—

(a)is adjacent to each steering position in the ship; and

(b)allows the capacity label to be seen clearly from the steering position.

Maximum penalty—10 penalty units.

(2)A person must not remove, deface, obliterate or conceal a capacity label attached to a recreational ship.

Maximum penalty—20 penalty units.

(3)In this section—

recreational ship does not include a recreational ship that is a sailing ship, whether or not the ship has an auxiliary means of mechanical propulsion.

78   Ride smart sticker to be displayed on personal watercraft

(1)A person who is the owner or master of a personal watercraft must ensure a ride smart sticker is displayed on the watercraft in a place that allows the sticker to be seen clearly from the operator’s position.

Maximum penalty—10 penalty units.

(2)In this section—

ride smart sticker means a sticker with the title ‘RIDE SMART’ issued by the general manager or the chief executive.

79   Markings for particular tenders

(1)This section applies to—

(a)a tender (other than a tender boat under the Fisheries Act 1994) to a fishing ship, if the tender is not required to be registered because of section 60(2)(h); or

(b)a tender to a registered commercial or recreational ship, if the tender is not required to be registered because of section 60(2)(i) or (j).

(2)A person who is the owner or master of the tender must ensure the tender is marked in the way required under this section.

Maximum penalty—50 penalty units.

(3)The tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and also with—

(a)if subsection (1)(a) applies—the boat mark required under the Fisheries Act 1994 for the ship to which the tender is a tender; or

(b)if subsection (1)(b) applies—the registration number of the ship to which the tender is a tender.

(4)The markings required under subsection (3) must be in characters not smaller than 75mm.

Schedule 14C Areas of Noosa River where water skiing is allowed between 8a.m. and 5p.m.

schedule 14A, section 2(3)(c)

1The area of the Noosa River at Tewantin within the following boundary—

•starting at latitude 26°23.265' south, longitude 153°02.664' east along the eastern shore of the Noosa River

•to latitude 26°22.755' south, longitude 153°02.836' east

•a direct line to latitude 26°22.710' south, longitude 153°02.763' east

•along the eastern shore of Makepeace Island to latitude 26°22.952' south, longitude 153°02.785' east

•a direct line to latitude 26°22.994' south, longitude 153°02.738' east

•along the eastern shore of the Sheep Island to latitude 26°23.194' south, longitude 153°02.564' east

•a direct line to the starting point.

2The area of the Noosa River at Tewantin within the following boundary—

•starting at latitude 26°22.266' south, longitude 153°02.350' east along the eastern shore of the Noosa River

•to latitude 26°21.596' south, longitude 153°02.404' east

•a direct line to latitude 26°21.605' south, longitude 153°02.324' east

•along the western shore of the Noosa River to latitude 26°22.326' south, longitude 153°02.267' east

•a direct line to the starting point.

Schedule 15 Dictionary

section 4

1987 regulation means the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987.

1995 regulation means the Transport Operations (Marine Safety) Regulation 1995.

ABP Standard see section 79B.

accredited person means a person accredited as a ship designer, ship builder or marine surveyor under section 44.

administering agency for part 6, see section 147.

airboat means a watercraft, other than an aircraft, designed to be propelled by an aircraft-type propeller.

all-round light see the collision regulations, rule 21(e).

AMSA means the Australian Maritime Safety Authority.

aquatic event means an event or activity described in section 217(1)(a) to (e) of the Act.

aquatic event authority means an authority mentioned in section 148(1)(k).

area VTS, for part 7, division 5, see section 182.

AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand.

Australian registered ship means a ship registered under—

(a)the Act; or

(b)the Shipping Registration Act 1981 (Cwlth); or

(c)a law of another State about the registration of ships.

authority see section 148.

BC code ...

beyond, in relation to smooth waters or partially smooth waters, means seawards from the smooth waters or the partially smooth waters.

BS means a standard published by the British Standards Institution.

builders plate see section 79B.

cable-operated ship means a ship that is transferred from 1 side of a river to the other side by means of a cable that—

(a)is secured on opposite sides of the river; and

(b)is the ship’s only means of propulsion.

capacity label means a label issued by the general manager, or a plate attached to the ship by the builder of the ship or that contains information approved by a person mentioned in section 79J, showing any of the following as the maximum number of persons the ship may carry in smooth waters—

(a)a number representing the maximum persons capacity for the ship worked out under AS 1799.1—1992;

(b)a number representing the maximum persons capacity for the ship worked out under any of the standards mentioned in the ABP Standard, clause 9.3;

(c)the manufacturer’s maximum persons capacity rating for the ship;

(d)if the ship is more than 15m, a number worked out in a way approved by the general manager.

category 1 area, for a buoy mooring, see section 207(1).

category 2 area, for a buoy mooring, see section 207(1).

category 3 area, for a buoy mooring, see section 207(2).

class, of a ship, means the class of the ship under the USL code.

classification society means an entity approved by the Australian Maritime Safety Authority as a classification society.

coast means the high-water mark on the mainland shoreline of Queensland.

coastal bar means a bar—

(a)named in column 1 of schedule 14B; and

(b)described in column 2 of the schedule opposite the name of the bar mentioned in column 1.

collision regulations means the International Regulations for Preventing Collisions at Sea published by the IMO.

combination carrier means a ship designed to carry either oil or solid cargoes in bulk.

commercial ship means—

(a)a ship other than a fishing or recreational ship; or

(b)a tender to a ship other than a fishing or recreational ship.

competent person, for part 3, division 7A, see section 79B.

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

crew, of a commercial or fishing ship, means the ship’s crew members and any other persons employed or engaged in any capacity on board, but does not include the master or pilot of the ship.

crew member—

(a)of a commercial ship, means a person who is the chief mate, deck watchkeeper, chief engineer, second engineer or engine room watchkeeper under the USL code, section 2, part 4, clause 34; or

(b)of a fishing ship, means a person who is the chief mate, deck watchkeeper, chief engineer or engine room watchkeeper under the USL code, section 3, part 4, clause 21.

current postal address, for a person, means a postal address—

(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.

damaged—

1

Damaged, in relation to a marine licence indicator that is not a smartcard marine licence indicator, includes destroyed, defaced, mutilated or made illegible.

2

Damaged, in relation to a smartcard marine licence indicator—

(a)means—

(i)the smartcard marine licence indicator is damaged to an extent that—

(A)a digital photo or a digitised signature on the smartcard marine licence indicator is impossible or difficult to recognise without the use of technology; or

(B)any information on the smartcard marine licence indicator is impossible or difficult to read without the use of technology; or

(ii)any information stored electronically on the smartcard marine licence indicator is no longer accessible by using the holder’s PIN; and

(b)includes destroyed.

3

However, damaged, in relation to a marine licence indicator, does not include the marine licence indicator being destroyed as required under section 170B as applied in schedule 4A.

dangerous cargo see AS 3846—2005.

dangerous cargo code means any of the following—

(a)the IMSBC code as it applies to Group B materials mentioned in the IMSBC code, appendix 4;

(b)the IMDG code;

(c)ISGOTT;

(d)the Ship to Ship Transfer Guide (Liquefied Gases) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum;

(e)the Ship to Ship Transfer Guide (Petroleum) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum;

(f)the Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping;

(g)the Tanker Safety Guide (Liquefied Gas) issued by the International Chamber of Shipping.

dangerous goods means the goods mentioned in the IMDG code.

design approval certificate means a certificate issued by the general manager certifying that the general manager has approved the design for a ship, or part of a ship, under section 70A of the Act.

educational program includes a program under arrangements approved under the Education (General Provisions) Act 2006, section 182 or 183.

emergency services department means the department within which the Fire and Emergency Services Act 1990 is administered.

employee, of an entity, includes an agent of the entity, if the agent is an individual.

engineer—

(a)for a commercial ship, means a chief engineer, second engineer or engine room watchkeeper under the USL code, section 2, part 4, clause 34; or

(b)for a fishing ship, means a chief engineer or engine room watchkeeper under the USL code, section 3, part 4, clause 21.

EPIRB means an emergency position indicating radio beacon.

Far North Queensland Ports Corporation means Far North Queensland Ports Corporation Limited ACN 131 836 014.

fees, for part 8, division 3, see section 197.

fisheries jurisdiction line means the line stated in annex 8 to the Torres Strait Treaty.

fishing ship means—

(a)a ship authorised for fishing purposes, under an authority under the Fisheries Act 1994; or

(b)a ship authorised for aquaculture purposes, under a development permit under the Sustainable Planning Act 2009; or

(c)a ship that is a boat for which a licence has been granted under the Fisheries Management Act 1991 (Cwlth) or the Torres Strait Fisheries Act 1984 (Cwlth); or

(d)a tender to a ship mentioned in paragraph (a), (b) or (c).

fishing ship operational area means the area described in schedule 11.

foreign licence means a licence to operate a recreational ship as its master—

(a)issued or recognised under the law of another country; and

(b)recognised for this definition by the general manager.

former Act means the repealed Queensland Marine Act 1958.

former board means the Marine Board established under the former Act.

freestyle, in relation to a ship, means drive the ship in a way that its course or speed is insufficiently predictable to allow masters of other ships to readily decide what course and speed to take to avoid a collision with the ship.

further building, in relation to a ship, means an alteration of the ship or a replacement of part of the ship if, under section 43(2), the alteration or replacement may affect marine safety.

gas free see AS 3846—2005.

Gladstone Ports Corporation means Gladstone Ports Corporation Limited ACN 131 965 896.

Great Barrier Reef Region see the Great Barrier Reef Marine Park Act 1975 (Cwlth).

gross tonnage of a ship means the gross tonnage of the ship calculated in the way authorised in the International Convention on the Tonnage Measurement of Ships 1969.

gt means gross tonnage.

high speed ship means a ship that—

(a)is more than 20m; and

(b)is capable of a speed of more than 20kn.

holder, of an authority, means—

(a)if the authority is the registration of a ship—the person in whose name the ship is registered; or

(b)otherwise—the person to whom the authority is granted.

IMDG code means the International Maritime Dangerous Goods Code published by IMO.

IMO means the International Maritime Organization.

IMSBC code means the International Maritime Solid Bulk Cargoes Code issued by IMO.

inert condition means an inert condition under ISGOTT.

inflatable ship means a ship to which ISO 6185, parts 1 to 3 apply.

insolvent under administration, for part 3, division 6, see section 71.

interested person, for part 3, division 6, see section 71.

ISGOTT means the International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours.

ISO means a standard published by the International Organization for Standardization.

issued authority, for part 6, see section 151(1).

land means a part of the earth’s surface (other than a reef) above ordinary high-water mark at spring tides.

load line certificate means a certificate certifying that the general manager has approved the load line for a ship.

marine licence see section 147.

marine licence indicator receipt, for schedule 4A, means a receipt given to a person that has effect as a marine licence indicator until the person receives—

(a)a smartcard marine licence indicator given under the Act; or

(b)a smartcard driver licence with a marine licence indicator code on it.

Marine Orders means the Marine Orders made under the Commonwealth Navigation Act, section 425(1AA).

marine safety legislation means any of the following—

(a)the Act;

(b)the former Act;

(c)a law of the Commonwealth, a State or a foreign country about marine safety.

Maritime Safety Queensland means the entity of that name established under the Maritime Safety Queensland Act 2002, section 7.

MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 as the convention applies under the Transport Operations (Marine Pollution) Act 1995.

mooring manager, of buoy moorings, means—

(a)for buoy moorings in Queensland waters other than Gold Coast waters—see section 207(3); or

(b)for buoy moorings in Gold Coast waters—see section 207A(3).

North Queensland Bulk Ports Corporation means North Queensland Bulk Ports Corporation Limited ACN 136 880 218.

NSCV means the National Standard for Commercial Vessels endorsed by the Australian Transport Council and published by the National Marine Safety Committee.

Editor’s note—

A copy of the NSCV is available from the National Marine Safety Committee, PO Box 2181, Canberra ACT 2601, or from its website.

NSCV C7A means NSCV, part C, section 7, subsection 7A.

partially smooth waters means the waters described in schedule 12, other than waters within 0.5n mile from land.

passenger, in relation to a ship, means any person on the ship other than—

(a)the master of the ship; or

(b)any of the crew; or

(c)the pilot of the ship; or

(d)a child under 1 year.

personal flotation device means a buoyancy aid worn by a person to keep the person afloat in water.

personal watercraft means a powered ship that—

(a)has a fully enclosed hull that does not take on water if capsized; and

(b)is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it, rather than within the confines of it.

PFD type 1 means any of the following—

(a)a personal flotation device complying with AS 1512—1996;

(b)a life jacket conforming with SOLAS, chapter III, regulation 32;

(c)a coastal life jacket approved under the USL code, section 10, appendix R;

(d)for a personal flotation device classified as level 100, 150 or 275 under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.

PFD type 2 means a personal flotation device complying with either—

(a)AS 1499—1996; or

(b)for a personal flotation device classified as level 50 under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.

PFD type 3 means a personal flotation device complying with either—

(a)AS 2260—1996; or

(b)for a personal flotation device classified as a special purpose PFD under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.

pilotage exemption certificate means a certificate exempting the master of a ship from pilotage in a pilotage area.

Port of Townsville Limited means Port of Townsville Limited ACN 130 077 673.

positive flotation, as an attribute of a ship, means that the ship, because of the way it is built or the materials from which it is constructed or both, is able, when filled with water, to remain afloat in an upright position while carrying its normal operational equipment and the total number of persons stated in its registration certificate.

prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 154(1) or 164(3) may—

(a)under section 203B of the Act—ask for the decision to be reviewed by the general manager; and

(b)under the Transport and Planning Coordination Act 1994, part 5, division 2—apply to QCAT for the decision to be stayed; and

(c)

under section 203C of the Act—ask for the general manager’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(d)under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.

primary school means a school, other than a special school, providing primary education as defined under the Education (General Provisions) Act 2006.

proposed area, for part 9A, see section 222B.

proposing entity, for part 9A, see section 222B.

propulsion power, of a ship, means the maximum continuous rated power in kilowatts of the largest engine on the ship for the propulsion of the ship.

protected zone means the area described in the Torres Strait Treaty, annex 9.

qualifications includes experience.

Queensland driver licence, for schedule 4A, see the Transport Operations (Road Use Management) Act 1995, schedule 4.

radio, for part 7, division 5, see section 182.

recreational ship means—

(a)a ship being used only for private recreation; or

(b)a tender to a ship being used only for private recreation.

register means—

(a)the register of registered recreational ships kept by the chief executive under section 72; or

(b)the register of registered commercial and fishing ships kept by the general manager under section 73.

registered means registered under this regulation.

registered owner, of a ship, means the owner in whose name the ship is registered.

registrable, for a ship, means a ship that, under this regulation, is required to be registered, whether or not the ship is registered.

restricted use buoy mooring means a buoy mooring to which only a particular ship, owned by the holder of the approval for the buoy mooring and stated in the approval, may be moored.

restricted use flag means a flag authorising the operation of a ship for 1 or more of the purposes mentioned in section 80(3).

sail training ship means a sailing ship used by a sailing school for teaching persons sailing, if the ship—

(a)is 6m or more but less than 16m; and

(b)does not carry anyone on board other than its master and crew and the persons learning to sail.

school means a State school or non-State school, as defined under the Education (General Provisions) Act 2006.

secondary school means a school, other than a special school, providing secondary education as defined under the Education (General Provisions) Act 2006.

sell, for part 3, division 7A, see section 79B.

ship, for section 222A and schedule 14A, includes an aircraft when it is on water, or is taking off or landing on water.

small ship, for part 7, division 5, see section 182.

smartcard driver licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, schedule 9.

smooth waters means the waters—

(a)of rivers, creeks, streams and lakes; or

(b)within breakwaters or revetments; or

(c)described in schedule 12 that are within 0.5n mile from land; or

(d)described in schedule 13.

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and its Protocols of 1978.

special school means a school providing only special education as defined under the Education (General Provisions) Act 2006.

speed means speed over the ground.

surf, in relation to a ship, means drive the ship down a breaking wave, wake or swell.

tender means an auxiliary ship, other than a lifeboat, that—

(a)is not more than 6m; and

(b)is employed to attend another ship; and

(c)is smaller than the other ship; and

(d)is operated only in the proximity of the other ship.

Torres Strait Treaty see the Torres Strait Fisheries Act 1984.

Torres Strait zone means the area of waters described in schedule 14.

training provider means—

(a)a secondary school that provides training in the operation of ships; or

(b)an entity carrying on the business of providing training in the operation of ships.

underway means not at anchor, made fast to the shore or aground.

unrestricted use buoy mooring means a buoy mooring to which any ship, with the consent of the holder of the approval for the buoy mooring, may be moored.

USL code means the Uniform Shipping Laws Code adopted by Commonwealth, State and Territory Ministers.

Editor’s note—

A copy of the code is available from the National Marine Safety Committee, PO Box 2181, Canberra ACT 2601, or from its website.

V sheet means a rectangular sheet of water resistant material that—

(a)is fluorescent orange or red; and

(b)has the letter ‘V’ displayed prominently on it in black; and

(c)is at least 1.8m x 1.2m.

water ski means tow a person by a line attached to a ship including, for example, a person riding on a toboggan or tube.

wave jump, in relation to a ship, means drive the ship over a breaking wave, wake or swell for the purpose of making the ship airborne, other than in the ordinary course of navigation.

whole ship means, in relation to a ship or part of a ship, all the aspects of stability, design, building or survey of the ship or part of the ship that, when combined, ensure the ship is seaworthy and appropriately equipped to meet the ordinary perils of voyages in its intended operational area.

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.