Transport Operations (Marine Safety) Regulation 2016 (Qld)

Transport Operations (Marine Safety) Regulation 2016

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Marine Safety) Regulation 2016.

2   Commencement

This regulation commences on 1 September 2016.

3   Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4   Vessels that are not ships—Act, s 10

For section 10(4) of the Act, a thing mentioned in the national regulation, section 12 is not a ship.

5   Measurement of position

(1)In this regulation, position is defined by reference to GDA2020.

(2)In this section—

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

6   References to length of ship

For working out the length of a ship for this regulation, the length is—

(a)for sections 24 and 163, and schedule 6, part 1, division 2, item 5 and part 2, division 1—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 NSCV, part B.

Chapter 2    Safety equipment for Queensland regulated ships

Part 1    General

7   Purpose of chapter

The purpose of this chapter is to—

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

Note—

The Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2017 also provides for equipment with which particular Queensland regulated ships may be equipped.

(b)declare the equipment to be safety equipment to which section 44 of the Actapplies.

8   Equipment to which s 44 of the Act applies

Equipment with which a ship must be equipped under this chapter is safety equipment to which section 44 of the Actapplies.

Part 2    EPIRB for particular Queensland regulated ships

9   Application of part

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

(a)in smooth waters; or

(b)in partially smooth waters; or

(c)in other waters within 2n miles from land.

10   Ship to be equipped with EPIRB

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

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

(b)complies with the standard AS/NZS 4280.1:2003 (406 MHz satellite distress beacons—Part 1; Marine emergency position-indicating radio beacons (EPIRB)); and

(c)has been registered for the ship under subsection (2) by the owner or master of the ship; and

(d)has up-to-date registration.

(2)The owner or master of a ship must register an EPIRB to be operated on the ship with AMSA by giving notice of the following details to 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 that are reasonably required by AMSA;

(e)any other details reasonably required by AMSA.

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

(a)there has been no change in the details given to AMSA under subsection (2); or

(b)if there has been a change in the details given to AMSA under subsection (2)—notice of each change has been given to AMSA by the owner or master of the ship within 14 days after the change.

(4)For subsection (2) and (3)(b), notice to AMSA must be given in the way required by AMSA.

(5)In this section—

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

Part 3    Other safety equipment for particular Queensland regulated ships

11   Application of part

(1)This part applies to a Queensland regulated ship that—

(a)is required to be registered; or

(b)is not required to be registered because it is mentioned in section 26(2)(b), (d), (e) or (f).

(2)Section 12 also applies to a ship that is not required to be registered because it is mentioned in section 26(2)(a) and (c).

(3)However, this part does not apply to a tender to a Queensland regulated ship to which part 4 applies.

12   Lighting devices for signalling for ship on water at night

(1)A ship on 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)Also, a ship operated on the Brisbane River 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.

(3)Subsections (1) and (2) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 79.

Note—

Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.

13   Safety equipment for ship, other than a personal watercraft or tender, operating in smooth waters

A ship, other than a personal watercraft or tender, operating in smooth waters must be equipped with—

(a)a required lifejacket for each individual on board who is 1 year or more; and

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

14   Safety equipment for ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters

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

(a)a required lifejacket for each individual on board who is 1 year or more; and

(b)a V sheet; and

(c)2 compliant handheld red flares; and

(d)2 compliant handheld orange smoke signals; and

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

15   Safety equipment for a personal watercraft

(1)A personal watercraft must be equipped with a required lifejacket for each individual on the watercraft who is 1 year or more.

(2)For subsection (1), if an individual on a personal watercraft is not wearing the required lifejacket for the individual with which the watercraft is equipped, the watercraft is taken not to be equipped with the lifejacket.

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

(a)a V sheet; and

(b)2 compliant handheld red flares; and

(c)2 compliant handheld orange smoke signals.

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

(a)as part of an aquatic event held in accordance with an aquatic event authority; or

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

16   Stowage and accessibility of safety equipment

A ship is taken to be equipped with safety equipment under this part only if the owner or master gives each person on board information about where the safety equipment is kept, including, for example, by giving the information orally, in a demonstration or on a printed sign.

Note—

See also section 24 in relation to lifejackets.

Part 4    Other safety equipment for particular tenders

17   Application of part

This part applies to a tender to a Queensland regulated ship, if the tender is required to be registered.

18   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 79.

Note—

Section 79 requires compliance with the collision regulations, which include requirements about navigation lights.

19   Safety equipment for tender operating in smooth waters

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

(a)a required lifejacket for each individual on board who is 1 year or more; and

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

(2)Subsection (1)(a) does not apply—

(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 level flotation; or

(b)if—

(i)the tender operates in a river, creek, stream or waters 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 level flotation.

20   Safety equipment for tender operating in or beyond partially smooth waters

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

(a)a required lifejacket for each individual on board who is 1 year or more; and

(b)a V sheet; and

(c)2 compliant handheld red flares; and

(d)2 compliant handheld orange smoke signals; and

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

(2)Subsection (1)(a) does not apply to a tender—

(a)if—

(i)the tender is operating in partially smooth waters; and

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

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

(b)if—

(i)the tender is operating beyond partially smooth waters; and

(ii)the tender is used within 500m of the ship for which it is a tender; and

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

Part 5    Provisions about lifejackets for Queensland regulated ships

21   Application of part

This part applies if, under this regulation, a Queensland regulated ship is required to be equipped with a required lifejacket for each individual on board who is 1 year or more.

22   What is the required lifejacket for a ship

The required lifejacket for an individual on board a ship is a lifejacket of an appropriate size for the individual of the following type—

(a)for a ship, other than a personal watercraft, operating in smooth waters—

(i)a lifejacket level 50; or

(ii)a lifejacket level 50S; or

(iii)a lifejacket level 100; or

(iv)a compliant inflatable diver’s jacket;

(b)for a ship, other than a personal watercraft, operating in or beyond partially smooth waters—

(i)if the ship is operating in partially smooth waters—

(A)a lifejacket level 50; or

(B)a lifejacket level 100; or

(C)a compliant inflatable diver’s jacket; or

(ii)if the ship is operating beyond partially smooth waters—a lifejacket level 100 or a compliant inflatable diver’s jacket;

(c)for a personal watercraft—

(i)if the personal watercraft is operating in smooth waters—a lifejacket level 50 or a lifejacket level 50S; or

(ii)if the personal watercraft is operating in or beyond partially smooth waters—a lifejacket level 50.

23   Using custom-made lifejacket instead of required lifejacket

(1)This section applies if a ship, required under this regulation to be equipped with a required lifejacket for an individual on board the ship, is equipped with a custom-made lifejacket for the individual.

(2)The ship is taken to be equipped with the required lifejacket for the individual if—

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

(b)the required lifejacket for the individual is of the type in place of which the manufacturer’s declaration states the custom-made lifejacket may be used; and

(c)the master of the ship—

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

(ii)reasonably believes the individual on board is the individual stated in the manufacturer’s declaration.

(3)If a ship is equipped with a custom-made lifejacket for an individual, section 24 applies as if a reference in that section to the required lifejacket for the individual included a reference to the custom-made lifejacket.

(4)In this section—

custom-made lifejacket, for an individual, means a lifejacket that—

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

(i)for a custom-made lifejacket that is used in place of a lifejacket level 50—a lifejacket level 50; or

(ii)for a custom-made lifejacket that is used in place of a lifejacket level 50S—a lifejacket level 50S; or

(iii)for a custom-made lifejacket that is used in place of a lifejacket level 100—a lifejacket level 100; and

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

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

(a)the type of lifejacket in place of which the custom-made lifejacket may be used;

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

(c)the name of the individual for whom the custom-made lifejacket has been manufactured;

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

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

24   When ship is taken to be equipped with required lifejacket

(1)A ship that is not a tender is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more only if the required lifejacket for each individual is—

(a)clearly visible while the individual is on board; or

(b)kept in a place—

(i)from which the lifejacket is readily accessible; and

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

(2)A ship that is an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if—

(a)for a ship that is less than 4.8m, has only 1 individual on board who is 12 years or more and is underway during daytime—

(i)the individual who is 12 years or more is wearing the required lifejacket for the individual; and

(ii)each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual; or

(b)for a ship that is less than 4.8m and is underway during night-time—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or

(c)in any other case—each individual on board who is 1 year or more but less than 12 years is wearing the required lifejacket for the individual.

(3)A ship that is not an open boat is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is underway only if each individual on board who is 1 year or more but less than 12 years and who is occupying an open area of the ship is wearing the required lifejacket for the individual.

(4)A ship is taken to be equipped with a required lifejacket for each individual on board who is 1 year or more while the ship is crossing a coastal bar only if—

(a)for a ship that is an open boat—each individual on board who is 1 year or more is wearing the required lifejacket for the individual; or

(b)for another ship—each individual on board who is 1 year or more and who is occupying an open area of the ship is wearing the required lifejacket for the individual.

(5)If a ship is equipped with a compliant inflatable diver’s jacket for an individual, the ship is taken to be equipped with the required lifejacket for the individual only if the individual is wearing the jacket.

(6)In this section—

coastal bar means a bar—

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

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

daytime means the period between sunrise and sunset on a day.

night-time means the period between sunset on a day and sunrise on the next day.

open area, for a ship that is not an open boat, means an area of the ship other than an area located in—

(a)a permanent, rigid deckhouse or cabin; or

(b)another space that is—

(i)suitable for a person to occupy; and

(ii)enclosed, except for 1 opening suitable for a person to enter or leave the space.

open boat means a ship the structure of which does not include, or have attached to it—

(a)a permanent, rigid deckhouse or cabin; or

(b)another space that is—

(i)suitable for a person to occupy; and

(ii)enclosed, except for 1 opening suitable for a person to enter or leave the space.

Part 6    Expiry date and service requirement for safety equipment

25   Expiry date and service requirement for particular safety equipment

(1)This section applies if a Queensland regulated ship is required by this regulation to be equipped with any of the following safety equipment—

(a)an EPIRB;

(b)a lifejacket level 50, a lifejacket level 50S, or a lifejacket level 100, that is inflatable;

(c)a fire extinguisher;

(d)a compliant handheld red flare;

(e)a compliant handheld orange smoke signal.

(2)For this chapter, the Queensland regulated ship is taken to be equipped with the safety equipment mentioned in subsection (1)(a), (c), (d) or (e) only if—

(a)the equipment shows a legible expiry date, however described, for the equipment; and

(b)at the relevant time—

(i)the expiry date has not passed; and

(ii)the equipment is in good working order; and

(iii)the equipment has been serviced by the manufacturer, or the manufacturer’s authorised service agent, in accordance with the manufacturer’s requirements for servicing the equipment.

(3)For this chapter, the Queensland regulated ship is taken to be equipped with a lifejacket mentioned in subsection (1)(b) only if—

(a)the lifejacket shows a legible expiry date, however described, for the lifejacket; and

(b)at the relevant time—

(i)the expiry date has not passed; and

(ii)the lifejacket is in good working order; and

(iii)each service of the lifejacket complies with the relevant servicing requirements for the lifejacket.

(4)In this section—

relevant servicing requirements, for a lifejacket mentioned in subsection (1)(b), means—

(a)if the manufacturer’s requirements for servicing the lifejacket provide for the servicing of the lifejacket by, and the lifejacket is serviced by, a person other than the manufacturer or the manufacturer’s authorised service agent—

(i)the lifejacket is serviced in accordance with the manufacturer’s requirements; and

(ii)the date of the service is marked on the lifejacket in the required way; or

(b)otherwise—

(i)the lifejacket is serviced by the manufacturer or the manufacturer’s authorised service agent in accordance with the manufacturer’s requirements for servicing the lifejacket; and

(ii)the date of the service is marked on the lifejacket in the required way, or a record of the service is shown to a shipping inspector within 72 hours after a shipping inspector inspects the lifejacket.

Example of a record of a service that may be shown to a shipping inspector—

a certificate or receipt for the service given by the manufacturer or the manufacturer’s authorised service agent

required way, for marking the date of a service on a lifejacket, means—

(a)if the manufacturer’s requirements for servicing the lifejacket require the date of the service to be marked on the lifejacket—the date is marked on the lifejacket in accordance with the requirements; or

(b)otherwise—the month and year of the service is permanently and legibly marked on a readily accessible part of the lifejacket’s bladder, opposite the firing mechanism, in the format ‘MM–YY’.

Example for paragraph (b)—

If the lifejacket is serviced on 13 January 2022, the date of the service is marked as ‘01–22’.

Chapter 3    Registration of Queensland regulated ships and related matters

Part 1    Registration of Queensland regulated ships

26   Application of registration requirements—Act, s 54

(1)Part 5, division 1 of the Actapplies to the following Queensland regulated ships—

(a)all Queensland regulated ships operating in Queensland waters and 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 Queensland regulated ships not mentioned in paragraph (a)—

(i)on Queensland intrastate voyages; or

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

(2)However, part 5, division 1 of the Act does not apply to the following ships—

(a)a Queensland regulated ship that—

(i)is not powered; or

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

(b)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 a person mentioned in subsection (1)(a)(i), (ii) or (iii);

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

(d)a Queensland regulated ship the subject of a restricted use authority;

(e)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 a person mentioned in subsection (1)(a)(i), (ii) or (iii);

(f)an other Queensland regulated ship that—

(i)is less than 10m; and

(ii)is the subject of a licence granted under the Torres Strait Fisheries Act 1984 (Cwlth);

(g) a Queensland regulated ship that is not on or in water.

Example of operation of paragraph (g)—

If the registration of a Queensland regulated ship expires while the ship is out of water, the ship may be required to be registered only if and when it is placed on or in the water.

Note—

Generally speaking, a regulation may only require a Queensland regulated ship to which part 5, division 1 of the Act applies to be registered.

27   Requirement to register

(1)A Queensland regulated ship must be registered as—

(a)if the ship is a recreational ship—a recreational ship; or

(b)if the ship is an other Queensland regulated ship—an other Queensland regulated ship.

(2)The owner of a Queensland regulated ship must ensure the ship is registered as mentioned in subsection (1) unless the owner has a reasonable excuse.

Maximum penalty for subsection (2)—200 penalty units.

Note—

The procedure for registration of Queensland regulated ships is in chapter 6, part 2.

28   General power to register

(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 chief executive or the general manager may register a ship as an other Queensland regulated ship if the chief executive or the general manager considers the ship is, or will be, an other Queensland regulated ship.

29   New registration of prescribed other Queensland regulated ship

(1)This section applies if—

(a)a person (the applicant) applies to the chief executive or the general manager (the registering entity) to register an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship; and

(b)the ship has not been registered as an other Queensland regulated ship and has not been a prescribed other Queensland regulated ship at any time in the last 6 months.

(2)The registering entity may ask the applicant—

(a)to give the entity a survey report for the ship issued by—

(i)if the entity considers it is necessary in the circumstances—an individual accredited under the national law as a marine surveyor to survey in a category that covers the ship’s, or a part of the ship’s, seaworthiness in relation to the aspects mentioned in the report; or

(ii)otherwise—a competent person; or

(b)to allow the entity to inspect the ship, and to pay the fee for the inspection.

(3)The registering entity may make a request under subsection (2) only if the entity has reasonable grounds to make the request.

Examples of reasonable grounds—

•the ship is not a standard model

•the ship has been involved in a marine incident

•the use of the ship may involve activities that create a high risk to safety

•for making a request under subsection (2)(a)(i)—the ship is to carry a large number of people and operate far from land

(4)The registering entity may accept, as a substitute for a survey report mentioned in subsection (2)(a), a certificate of operation under the national law for the ship that—

(a)is current; or

(b)expired less than 6 months before the application is made.

(5)The registering entity may refuse to register the ship if the applicant does not comply with the request.

(6)If the registering entity registers the ship, the ship’s registration certificate must indicate that the ship is a prescribed other Queensland regulated ship.

30   Statutory conditions of registration of other Queensland regulated ship

(1)An other Queensland regulated ship is registered on the following conditions—

(a)the owner or master of the ship must have a safety management system for the ship that—

(i)complies with the requirements mentioned in Marine Order 504 (Certificates of operation and operation requirements — national law) 2018 (Cwlth) that are relevant to the ship’s operation; or

(ii)is approved by the registering entity as an appropriate safety management system for the ship;

(b)the owner or master of the ship must not, without a reasonable excuse, carry on the ship, or on a part of the ship, more persons than is stated for the ship, or for the part of the ship, in—

(i)the builders plate for the ship; or

(ii)if there is no builders plate for the ship—the ship’s registration certificate;

(c)the owner or master of the ship must not operate the ship—

(i)if the ship has basic flotation—outside of smooth waters; or

(ii)if the ship has level flotation—more than 15n miles from land.

(2)Subsection (1)(c) does not apply to an other Queensland regulated ship if the ship’s registration certificate indicates it is a prescribed other Queensland regulated ship.

(3)In this section—

basic flotation means basic flotation within the meaning of the ABP Standard.

Note—

See section 57(4) of the Actin relation to contravening conditions of the registration of a ship.

31   Imposition of conditions on registration of prescribed other Queensland regulated ship

(1)The registering entity may impose any of the following conditions on the registration of an other Queensland regulated ship that is, or is intended to be, a prescribed other Queensland regulated ship—

(a)a condition that the owner or master of the ship must not operate the ship other than in waters stated in the ship’s registration certificate;

(b)a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence;

(c)a condition that the ship must be equipped with a particular type of safety equipment.

Note—

Under section 107, the document evidencing the registration of a Queensland regulated ship must state all conditions imposed on the registration under this regulation.

(2)Subsection (3) applies if—

(a)the registering entity imposes a condition that the ship must be equipped with safety equipment under subsection (1)(c); and

(b)the equipment is an inflatable life raft or is mentioned in section 25(1).

(3)The ship is taken to have complied with the condition only if the safety equipment complies with—

(a)for the equipment mentioned in section 25(1)(b)—section 25(3)(a) and (b); or

(b)otherwise—section 25(2)(a) and (b).

(4)This section does not limit the ability of the registering entity to impose other conditions on the registration under section 105.

Note—

See section 57(4) of the Actin relation to contravening conditions of the registration of a ship.

32   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 4.

(2)The registering entity may refuse to register a ship if—

(a)a person applies for the ship for the first time to be registered under the Act; and

(b)either—

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

(ii)the registering entity reasonably believes information on a builders plate fixed to the ship is incorrect or has not been approved by a builders plate approver.

33   Use of registered other Queensland regulated ship for private recreation

(1)The owner or master of a ship registered as an other Queensland regulated ship may operate the ship for private recreation as provided under this section.

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

(a)the date and time when the use of the ship for private recreation starts; and

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

Maximum penalty—20 penalty units.

(3)The following provisions apply for the period the ship is used for private recreation—

(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 an other Queensland regulated ship do not apply to the ship;

(d)a condition of registration applying to the ship does not apply to the ship.

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

Maximum penalty—20 penalty units.

Part 2    Register of registered Queensland regulated ships

34   Keeping register

(1)The chief executive and general manager are jointly responsible for keeping a register of registered Queensland regulated ships.

(2)The entity that registers a Queensland regulated ship must record in the register the following particulars for the ship—

(a)the ship’s 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 Queensland regulated ship decided by the entity that registered the ship.

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

Maximum penalty for subsection (4)—10 penalty units.

Note—

See section 158 in relation to the transfer of the registration of a Queensland regulated ship.

35   Inspection of register

(1)This section applies if the chief executive or the general manager is reasonably satisfied that a person has a legitimate interest in obtaining access to information about a particular ship in the register because—

(a)the person 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)the person is proposing to start, or has started, a relevant proceeding for which information in the register about the ship is, or may be, relevant; or

(c)the person has another interest that justifies the person having access to the register.

(2)The person may, on payment of the fee and on reasonable conditions imposed by the chief executive or the general manager—

(a)inspect the register of registered Queensland regulated ships at the office of the chief executive or the general manager when the office is open to the public; and

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

(3)However, the person may only inspect the part of the register that is relevant to the person’s interest.

(4)In this section—

relevant proceeding means—

(a)a proceeding in a court about—

(i)a marine incident involving the ship; or

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

(iii)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

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

(b)a proceeding before the Family Court of Australia that involves the registered owner of the ship; or

(c)another proceeding in a court, if 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.

36   Release of ship-related information for particular purposes

(1)The chief executive or the general manager may give ship-related information about a ship to a person if reasonably satisfied the information will inform the person about—

(a)whether the ship is or is not registered; or

(b)the ship’s purpose or use.

(2)In this section—

give, for ship-related information about a ship, includes giving the information electronically or orally.

ship-related information, about a ship, means information about the ship from the register, other than personal information about a current or previous registered owner of the ship.

Part 3    Display of registration material on Queensland regulated ships

37   Registration number

(1)The owner or master of a registered Queensland regulated 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.

38   [Repealed]

39   Markings for particular tenders

(1)This section applies to a tender to a Queensland regulated ship, if the tender is not required to be registered because the tender is operated only within a radius of 2n miles from the ship.

(2)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 the registration number of the ship to which the tender is a tender.

(4)The markings required under subsection (3) must be in characters at least 75mm high.

(5)However, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under subsection (4), it must be marked on its interior in the largest characters practicable.

(6)If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may be marked with the owner’s name instead of the marking or number required under subsection (3).

Part 4    Builders plates

Division 1 Preliminary

40   Main purpose of part

(1)The main purpose of this part is to give effect to the ABP Standard (which is a national standard applying to builders plates for recreational ships).

(2)The main purpose is achieved by—

(a)requiring builders plates to be fixed to particular Queensland regulated ships when they are sold in Queensland; and

(b)requiring information on the builders plates, fixed to the particular Queensland regulated ships, to promote the safe use of the ships.

41   Application of part

(1)This part applies to a Queensland regulated ship unless this section provides otherwise.

(2)This part does not apply to any of the following—

(a)a second-hand ship;

(b)an amphibious vehicle;

(c)a canoe, kayak, surf ski or similar ship designed to be powered by paddle;

(d)a pedal-powered boat;

(e)a rowing shell used for racing or rowing training;

(f)a sailboard, sail kite or other similar ship;

(g)a surf row boat;

(h)a hydrofoil or hovercraft;

(i)a sailing ship;

(j)a submersible;

(k)an aquatic toy.

(3)This part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which—

(a)the ship was identifiable as a ship of a particular type; and

(b)a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.

(4)This part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place—

(a)the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship;

(b)the maximum number of persons the ship may carry, as recommended by the builder of the ship.

(5)This part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship—

(a)has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or

(b)has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook.

(6)In this section—

aquatic toy means an object designed primarily for play in or on water, including, for example—

(a)an object designed solely to be towed behind a recreational ship; and

(b)an inflatable boat to which ISO 6185 (Inflatable boats) does not apply.

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

owner builder, of a ship, means an individual who builds the ship for the individual’s own use.

relevant European Recreational Craft Directive means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built.

Note—

At the commencement of this definition, relevant European Recreational Craft Directives are available at ship means a ship that has been used previously, other than used only as follows—

(a)in the course of being built or tested;

(b)by the owner builder of the ship;

(c)by the builder of the ship;

(d)for transporting the ship for sale;

(e)for demonstrating the ship to a purchaser.

42   Variation of ABP Standard

For this part—

(a)a requirement of the ABP Standard to the effect that information on a builders plate for a ship must include the name of the builder of the ship is to be read as a requirement that the information must include—

(i)the name of the builders plate approver who approves the information; and

(ii)the capacity in which the person approves the information; and

(b)for paragraph (a), a reference in the ABP Standard to the boat’s builder is, if the context permits, taken to be a reference to the builders plate approver mentioned in paragraph (a)(i).

Division 2 Selling Queensland regulated ships without builders plate

43   Ship for sale must have builders plate

(1)A person must not sell a ship unless—

(a)a builders plate is fixed to the ship in accordance with the ABP Standard; and

(b)the builders plate contains the information required by the ABP Standard; and

(c)the information has been approved by a builders plate approver; and

(d)the information is correct at the time of the sale.

Maximum penalty—50 penalty units.

(2)In this section—

sell includes the following—

(a)supply for sale;

(b)offer or display for sale.

44   Defence relating to prescribed other Queensland regulated ships

It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, a survey report for the ship—

(a)had been obtained; or

(b)was to be obtained for the purpose of section 29.

45   Defence that plate already fixed

It is a defence to a prosecution for an offence against section 43 if the defendant establishes that—

(a)the defendant was not the builder of the ship; and

(b)there was a builders plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and

(c)the defendant had no reason to believe the information on the builders plate was incorrect or had not been approved by a builders plate approver; and

(d)the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the builders plate.

46   Defence if ship to be exported

It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be exported overseas.

47   Defence if ship for racing purposes

It is a defence to a prosecution for an offence against section 43 if the defendant establishes that, at the time of the sale, the ship was to be used only for racing in organised events.

Division 3 Requirements about builders plates

48   Application of division

This division applies to a ship required under section 43 to have a builders plate fixed to it when sold in Queensland.

49   Who may approve information on builders plate

(1)The information on a builders plate fixed to, or to be fixed to, a ship may only be approved by 1 of the following persons (a builders plate approver)—

(a)the builder of the ship;

(b)an ABP competent person;

(c)a person who imported the ship into Australia from overseas.

(2)In this section—

ABP competent person means a person who, because of the person’s training, qualifications or experience, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate.

50   Offence about approval of information on builders plate

A person must not approve information on a builders plate fixed to, or to be fixed to, a ship unless—

(a)the person is a builders plate approver; and

(b)the information is correct and complies with the ABP Standard; and

(c)the person is—

(i)an individual residing in Australia; or

(ii)a corporation registered in Australia.

Maximum penalty—20 penalty units.

51   Offence about fixing builders plates to ships

A person must not fix a builders plate to a ship if—

(a)the person has reason to believe information on the builders plate is incorrect or does not comply with the ABP Standard; or

(b)the information on the plate has not been approved by a builders plate approver.

Maximum penalty—20 penalty units.

52   Builders plate not to be changed

(1)A person must not change a builders plate fixed to a ship unless—

(a)the person is a builders plate approver; or

(b)the change is approved by a builders plate approver.

Maximum penalty—20 penalty units.

(2)A person must not change a builders plate fixed to a ship if the person has reason to believe the information on the builders plate, after the change, will be incorrect or will not comply with the ABP Standard.

Maximum penalty—20 penalty units.

(3)In this section—

change, in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate or information on the builders plate.

Part 5    Restricted use authorities for Queensland regulated ships

53   Granting a restricted use authority

(1)The general manager may grant a restricted use authority for a Queensland regulated ship if the general manager is reasonably satisfied the ship is safe to operate for 1 or more of the following uses in its intended area of operation—

(a)a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment;

(b)a demonstration or display purpose associated with the sale of the ship;

(c)building, disposing of, fitting out, relocating, removing or repairing the ship;

(d)for a prescribed other Queensland regulated ship—use of the ship while a survey report under section 29 is being obtained for the ship;

(e)use of the ship for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry.

Note—

The procedure for obtaining a restricted use authority is in chapter 6, part 2.

(2)The conditions of a restricted use authority for a ship must include the uses for which the ship may be operated under the authority.

Note—

Under section 107, the document evidencing the restricted use authority must state all conditions imposed on the authority under this regulation.

54   Offences relating to restricted use authority

(1)A person must not operate a Queensland regulated ship the subject of a restricted use authority for a use other than the use stated in the conditions of the authority.

Maximum penalty—50 penalty units.

(2)Each of the following persons must comply with the conditions of a restricted use authority for a Queensland regulated ship—

(a)the holder of the authority;

(b)a person operating the ship as its master;

(c)a person acting as a crew member of the ship.

Maximum penalty—50 penalty units.

(3)The holder of a restricted use authority for a Queensland regulated ship must not operate, or allow someone else to operate, the ship unless—

(a)the document evidencing the authority or a copy of it—

(i)is carried on the ship while it is operating; and

(ii)if it reasonably practical to do so, is displayed in a conspicuous place on the ship and in a way that allows it to be read by anyone on board; and

(b)the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship—

(i)how the ship may be operated under the authority; and

(ii)the conditions to which the authority is subject.

Maximum penalty—20 penalty units.

(4)A person must not purport to operate a ship in accordance with a restricted use authority unless it is the Queensland regulated ship for which the authority was granted.

Maximum penalty—50 penalty units.

(5)The holder of a restricted use authority for a Queensland regulated ship must not allow someone else to purport to operate any other ship in accordance with the authority.

Maximum penalty—50 penalty units.

Chapter 4    Licences to operate particular Queensland regulated ships

Part 1    Licensing of masters and crew members

Division 1 Application of licensing requirement

55   Ships to which pt 5, div 2 of the Act applies—Act, s 59A

Part 5, division 2 of the Act applies to a Queensland regulated ship mentioned in section 11(1) of the Act, unless the ship is—

(a)a ship connected with Queensland under section 6(c) of the Actbut not operating in Queensland waters; or

(b)a personal watercraft that—

(i)is registered as a Queensland regulated ship; and

(ii)is provided and operated by a person being assessed in relation to an application for a personal watercraft licence; or

(c)a tender to an other Queensland regulated ship, other than a tender that is a personal watercraft, operating within a radius of 1,000m from the other Queensland regulated ship if—

(i)the tender is operated by a person under the direct supervision and in the sight of the master of the other Queensland regulated ship; and

(ii)the master of the other Queensland regulated ship has a way of immediately helping the person if the need arises; or

(d)a ship that—

(i)is not powered; or

(ii)is powered by an engine of 4.5kW or less; or

(e)an other Queensland regulated ship owned or operated by an accredited surf life saving club that is being operated in the course of the club’s activities by a person who holds a certificate issued by the club authorising the person to operate the ship.

Division 2 Licensing requirement

56   Purpose of division

This division states, for section 60(1) of the Act, the licence a person is required to hold to operate a Queensland regulated ship as its master or act as a crew member.

Notes—

1See section 60 for circumstances in which an unlicensed person may operate a Queensland regulated ship.

2See section 75 for circumstances in which the holder of a permit mentioned in that section is taken to hold a licence required under this division.

57   Required licence if s 58 does not apply

(1)This section applies to a Queensland regulated ship other than a ship to which section 58 applies.

(2)To operate a Queensland regulated ship, other than a personal watercraft, as its master, a person must hold one of the following licences—

(a)a recreational marine driver licence;

(b)a licence issued under the law of another State, or a foreign licence, equivalent to a recreational marine driver licence;

(c)a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master;

(d)a licence issued under the law of another country that is recognised under the national law and authorises a person to operate a ship as its master.

(3)To operate a Queensland regulated ship that is a personal watercraft as its master, a person must hold—

(a)a licence or certificate mentioned in subsection (2); and

(b)either of the following—

(i)a personal watercraft licence;

(ii)a licence issued under the law of another State, or a foreign licence, equivalent to a personal watercraft licence.

(4)A foreign licence to operate a recreational ship or personal watercraft as its master ceases to be recognised by the chief executive or the general manager for this section—

(a)if the holder is granted another licence required to be held under this section—when the other licence is granted; or

(b)if the holder is an Australian citizen—3 months after the holder enters Australia; or

(c)if the holder is not an Australian citizen but is granted a resident visa before entering Australia—3 months after the holder enters Australia; or

(d)if the holder is not an Australian citizen but is granted a resident visa after entering Australia—3 months after the visa is granted.

(5)In this section—

Australia means the mainland of Australia or the coastal waters of a State.

foreign licence, for a recreational marine driver licence or a personal watercraft licence, means a licence to operate a recreational ship or personal watercraft as its master—

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

(b)recognised for this section by the chief executive or the general manager.

resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth).

58   Required licence for particular ships

(1)This section applies to a prescribed other Queensland regulated ship if the ship’s registration is subject to a condition that a person must not operate the ship as its master or act as a crew member unless the person holds a stated licence.

(2)To operate the prescribed other Queensland regulated ship as its master or act as a crew member, a person must hold the stated licence.

Division 3 Licensing responsibilities of owners and masters

59   Ensuring master and crew members hold required licence

(1)The owner of a Queensland regulated ship must ensure a person operating the ship as its master holds the required licence.

Maximum penalty—50 penalty units.

(2)The owner of a recreational ship does not contravene subsection (1) if—

(a)the owner believes, on reasonable grounds, the person operating the ship as its master holds the required licence; or

(b)the ship is being operated without the knowledge or consent of the owner.

(3)The owner or master of an other Queensland regulated ship must ensure a person acting as a crew member of the ship holds the required licence.

Maximum penalty—50 penalty units.

60   Operation of Queensland regulated ship by unlicensed person

(1)The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship unless—

(a)the unlicensed person is under the direct supervision of the master; and

(b)the master is immediately able to resume operating the ship; and

(c)if the ship is a personal watercraft—

(i)the master and the unlicensed person are the only persons on board; and

(ii)a kill switch safety lanyard is attached to the master and the personal watercraft.

Maximum penalty—50 penalty units.

(2)The master of a Queensland regulated ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone waterskiing.

Maximum penalty—100 penalty units.

(3)In this section—

kill switch safety lanyard means a device that—

(a)is designed to be attached to a person and a personal watercraft; and

(b)if the person is no longer on board, will immediately stop the engine of the personal watercraft.

Division 4 Grant of licences

61   Chief executive or general manager may grant licence

The chief executive or the general manager may grant a recreational marine driver licence or personal watercraft licence to a person.

Note—

The procedure for obtaining a recreational marine driver licence or personal watercraft licence is in chapter 6, part 3.

62   Qualifying for recreational marine driver licence

(1)The chief executive or the general manager may grant a recreational marine driver licence to an applicant only if the applicant—

(a)is 16 years or more; and

(b)has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of—

(i)the Act and this regulation as they affect recreational ships; and

(ii)the collision regulations; and

(c)has demonstrated competency in safe operating practices for recreational ships to the reasonable satisfaction of the chief executive or the general manager.

(2)Subsection (3) applies if the applicant does not have the knowledge or competency required for a recreational marine driver licence under subsection (1).

(3)The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the knowledge or competency required under subsection (1).

63   Qualifying for personal watercraft licence

(1)The chief executive or the general manager may grant a personal watercraft licence to an applicant only if the applicant—

(a)holds—

(i)a recreational marine driver licence; or

(ii)a licence issued under the law of another State equivalent to a recreational marine driver licence; or

(iii)a certificate of competency issued, or taken to have been issued, under the national law authorising a person to operate a ship as its master; and

(b)is 16 years or more; and

(c)has knowledge, to the reasonable satisfaction of the chief executive or the general manager, of—

(i)the Act and this regulation as they affect personal watercraft; and

(ii)the collision regulations; and

(d)has demonstrated competency in safe operating practices for personal watercraft to the reasonable satisfaction of the chief executive or the general manager.

(2)Subsection (3) applies if the applicant does not have the licence, certificate of competency, knowledge or competency required for a personal watercraft licence under subsection (1).

(3)The chief executive or the general manager may grant the licence to the applicant if reasonably satisfied the applicant has other qualifications, training or experience at least equivalent to the licence, certificate of competency, knowledge or competency required under subsection (1).

64   Examination of applicant for licence

The chief executive or the general manager may conduct examinations, in the way the chief executive or the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a recreational marine driver licence or personal watercraft licence has the qualifications for the licence under this division.

Division 5 Examining approvals and training program approvals

65   Grant of examining approval

(1)The chief executive or the general manager may grant an approval to an entity to conduct examinations mentioned in section 64 only if the entity qualifies for an examining approval under section 66.

Note—

The procedure for obtaining an examining approval is in chapter 6, part 2.

(2)An entity granted an examining approval may conduct examinations mentioned in section 64 as if it were the chief executive or the general manager.

(3)In exercising a power under subsection (2), the entity is subject to any conditions of the approval and directions of the chief executive or the general manager about the conduct of the examinations.

66   Qualifying for examining approval

(1)An entity qualifies for an examining approval if the chief executive or the general manager is reasonably satisfied the entity—

(a)has knowledge and skills at least equivalent to the competencies for which the entity will assess candidates; and

(b)for an approval in relation to recreational marine driver licences—holds—

(i)a certificate of competency issued under the national law to operate a commercial ship as its master; or

(ii)another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and

(c)for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and

(d)has completed either of the following—

(i)the assessment-related units of competency from a Certificate IV level qualification in training and assessment under the AQF;

(ii)other studies the chief executive or the general manager considers are at least equivalent to the units of competency under subparagraph (i); and

(e)has knowledge and skills for conducting examinations mentioned in section 64; and

(f)is suitable for an examining approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.

(2)If the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1), the chief executive or the general manager must apply—

(a)subsection (1) to the individual nominated by the entity, as if the individual were the entity; and

(b)subsection (1)(f) to the entity.

67   Grant of training program approval

The chief executive or the general manager may grant an approval to an entity to provide training programs for the operation of recreational ships and personal watercraft only if the entity qualifies for a training program approval under section 68.

Note—

The procedure for obtaining a training program approval is in chapter 6, part 2.

68   Qualifying for training program approval

(1)An entity qualifies for a training program approval if the chief executive or the general manager is reasonably satisfied the entity—

(a)has all of the following available for providing training programs—

(i)appropriate training facilities and equipment;

Examples for subparagraph (i)—

training facilities with adequate seating and workspaces, access to drinking water and access to toilets

(ii)appropriate training and assessment documents;

Examples for subparagraph (ii)—

documents recording attendance and assessment results

(iii)an appropriate ship; and

(b)has knowledge and skills at least equivalent to the competencies for which the entity will train and assess candidates; and

(c)for an approval in relation to recreational marine driver licences—holds—

(i)a certificate of competency issued under the national law to operate a commercial ship as its master; or

(ii)another licence or certificate that the chief executive or the general manager is reasonably satisfied is at least equivalent to the certificate of competency; and

(d)for an approval in relation to personal watercraft licences—holds a licence or certificate of competency the chief executive or the general manager considers reasonable and relevant to operating a personal watercraft as its master; and

(e)has completed either of the following—

(i)a Certificate IV level qualification in training and assessment under the AQF;

(ii)a qualification mentioned in the Education (Queensland College of Teachers) Regulation 2016, section 5; and

(f)is suitable for a training program approval, having regard to all relevant matters, including, for example, any criminal history check obtained in relation to the application for the approval.

(2)If the entity is a corporation, an unincorporated body or an individual who nominates another individual for subsection (1), the chief executive or the general manager must apply—

(a)subsection (1)(b) to (f) to the individual nominated by the entity, as if the individual were the entity; and

(b)subsection (1)(a) and (f) to the entity.

(3)In this section—

appropriate ship means—

(a)if the entity is a school that is to provide training only to school students, whether or not the student attends the school—a ship that—

(i)is a registered other Queensland regulated ship; or

(ii)has a certificate of operation issued under the national law; or

(b)otherwise—a ship that has a certificate of operation issued under the national law.

Part 2    Licensing of pilots

69   Ships to which pt 5, div 3 of the Act applies—Act, s 61A

Part 5, division 3 of the Act applies to the ships to which part 8 of the Act applies.

Notes—

1Part 5, division 3 of the Actincludes requirements about a pilot of a ship holding a licence.

2Section 163 states the ships to which part 8 of the Actapplies.

70   Required licence to have the conduct of a ship as its pilot

A person must hold a pilot licence to have the conduct of a ship as its pilot in a pilotage area.

71   General manager may grant pilot licence

The general manager may grant a pilot licence to a person for a pilotage area.

Note—

The procedure for obtaining a pilot licence is in chapter 6, part 2.

72   Qualifying for pilot licence

The general manager may grant an application for a pilot licence for a pilotage area, or part of a pilotage area, to an applicant only if—

(a)the applicant has either—

(i)a licence to operate a ship as its master of a class appropriate for the ships (piloted ships) the person would have the conduct of as a pilot in the pilotage area; or

(ii)skills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i); and

(b)the general manager is reasonably satisfied the applicant has—

(i)appropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and

(ii)a detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.

73   Examination of applicant for pilot licence

The general manager may conduct examinations, in the way the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a pilot licence has the qualifications for the licence under this part.

Part 3    Temporary permits for prescribed other Queensland regulated ships

74   Application of part

This part applies to prescribed other Queensland regulated ships.

75   General manager may grant temporary permit for master or crew member

(1)The general manager may grant a permit to a person to operate a prescribed other Queensland regulated ship as its master, or to act as a crew member of a prescribed other Queensland regulated ship, on a stated voyage or for a stated period.

Note—

The procedure for obtaining the permit is in chapter 6, part 2.

(2)The general manager may grant a permit under subsection (1) only if the general manager is reasonably satisfied—

(a)the person is, for the voyage or the period, competent to operate the ship as its master or act as a crew member of the ship; and

(b)marine operations will not be endangered on a voyage on which the person operates the ship as its master or acts as a crew member under the permit; and

(c)the voyage mentioned in paragraph (b) is necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.

(3)The term of the permit must not be longer than 30 days.

(4)A person to whom a permit is granted under subsection (1) is taken to hold the required licence to operate the prescribed other Queensland regulated ship as its master, or act as a crew member of the ship.

(5)However, if the person does not comply with the conditions of the permit for a period, subsection (4) does not apply to the person for that period.

Chapter 5    Ship operations

Part 1    Signals

76   Signals of distress—Act, s 206

(1)This section prescribes matters about signals of distress for section 206 of the Act.

(2)Each of the following is a prescribed signal of distress—

(a)a V sheet;

(b)the signals stated in the collision regulations, annex IV.

(3)A person may use or display a prescribed signal of distress only for—

(a)indicating distress and a need for help; or

(b)if the general manager has given consent to the use or display of the signal for genuine training or demonstration purposes under section 77—those purposes.

(4)A person using or displaying a prescribed signal of distress under subsection (3)(a) must revoke the signal when the distress or need for help ends.

77   Consent to use or display prescribed signal for training or demonstration

The general manager may consent to the use or display of a prescribed signal of distress by a person for genuine training or demonstration purposes.

Note—

The procedure for obtaining the consent is in chapter 6, part 2.

78   Prescribed signal and information—Act, s 129

(1)The signal for section 129(2) of the Actis the word ‘SECURITE’ spoken 3 times.

(2)The information required under section 129(2) and (3) of the Act is the information relevant to the particular danger to navigation.

(3)However, subsection (2) only applies to a serious danger to navigation mentioned in the Navigation Act 2012 (Cwlth), section 187(6).

Part 2    Prevention of collisions

79   Application of collision regulations

(1)The collision regulations have effect as if they were part of this regulation.

(2)A person involved with the operation of a ship (including the ship’s owner, master, pilot or deck watchkeeper) must comply with the collision regulations.

(3)Subsection (2) is a regulation to which section 211(2) of the Actapplies.

Note—

Section 211(2) of the Actprovides for a penalty of 500 penalty units or imprisonment for 1 year for a contravention of a regulation declared to be a regulation to which the subsection applies.

(4)In this section, ship includes an aircraft when it is on water or is taking off, or landing on, water.

(5)In this section—

deck watchkeeper means the person in charge of the navigational watch of a ship.

80   Particular ships must use light while underway

(1)This section applies to a ship that is more than 20m, is capable of a speed of more than 20kn and only operates in smooth waters, other than—

(a)a fishing ship; or

(b)a recreational ship.

(2)The owner and master must ensure that—

(a)the ship is equipped with a flashing yellow all-round light; and

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

Maximum penalty—200 penalty units.

Part 3    Speed limits and other restrictions

81   Speed limit for ship, other than personal watercraft, operating in particular places

(1)This section applies to a ship other than a personal watercraft.

(2)A person must not operate a ship at a speed of more than 6kn if the ship is within 30m of any of the following—

(a)a person in the water;

(b)a ship at anchor, moored, made fast to the shore or aground;

(c)a jetty, wharf, boat ramp or pontoon in or on waters.

Maximum penalty—200 penalty units.

(3)Subsection (2) does not apply to a ship if the ship is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act.

82   Speed limit for personal watercraft operating in particular places

(1)A person must not—

(a)operate a personal watercraft at a speed of more than 6kn if the personal watercraft is within 60m of any of the following—

(i)a person in the water;

(ii)a ship at anchor, moored, made fast to the shore or aground;

(iii)a jetty, wharf, boat ramp or pontoon in or on the waters;

(iv)the boundary of a bathing reserve;

(v)the shore; or

(b)operate a personal watercraft at a speed of more than 10kn if the personal watercraft is within 30m of another moving ship.

Maximum penalty—200 penalty units.

(2)Despite subsection (1)(a)(v), a person may operate a personal watercraft in waters within 60m of the shore at a speed of more than 6kn but no more than the speed limit if—

(a)the personal watercraft is being operated for waterskiing; or

(b)all of the following apply—

(i)the waters are less than 120m wide;

(ii)the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel;

(iii)the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or

(c)complying with subsection (1)(a)(v) would endanger the person or another person.

(3)Despite subsection (1)(b), a person may operate, within 30m of another moving ship, a personal watercraft at a speed of more than 10kn but no more than the speed limit if—

(a)the personal watercraft is being operated as part of an aquatic event held in accordance with an aquatic event authority; or

(b)complying with subsection (1)(b) would endanger the person or another person.

(4)Subsections (1)(a) and (2) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 6kn or less has been fixed under section 206A or 206AA of the Act.

(5)Subsections (1)(b) and (3) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 10kn or less has been fixed under section 206A or 206AA of the Act.

(6)The collision regulations continue to apply to a personal watercraft being operated as provided under subsection (2), (3), (4) or (5).

(7)In this section—

bathing reserve means a bathing reserve under the control of a local government under the Local Government Regulation 2012, section 62.

83   Speed limit for ship if wash can cause marine incident or shoreline damage

(1)A person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing—

(a)a marine incident; or

(b)damage to the shoreline.

Maximum penalty—200 penalty units.

(2)Subsection (1) applies even if a speed limit is fixed under section 206A or 206AA of the Act.

Note—

See section 206A(7) or 206AA(7) of the Act.

84   Exception for ship operated at speed necessary for safety

(1)A person does not commit an offence against section 81(2), 82(1) or 83(1) if—

(a)a ship must be operated at a control speed that is more than the highest speed at which the ship may be operated under the section (the statutory speed) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and

(b)the person operates the ship at a speed more than the statutory speed only to the extent that it is reasonably necessary for the safe operation of the ship.

(2)In this section—

control speed, of a ship, means the minimum speed at which the ship can be kept on its course in the prevailing circumstances and conditions.

85   Interfering with speed sign

(1)A person must not interfere with a speed sign erected or marked by the general manager under section 206A(4) of the Act, or by the Gold Coast Waterways Authority under section 206AA(4) of the Act, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)In this section—

interfere with includes damage, destroy, mark and remove.

86   Other restrictions for personal watercraft operating in particular places

(1)A person must not, while operating a personal watercraft, freestyle, surf or wave jump within 200m of the shore if—

(a)the personal watercraft is being operated in coastal waters; and

(b)1 or more dwellings are within 100m of the shore and are visible from, and in the vicinity of, where the personal watercraft is being operated.

Maximum penalty—200 penalty units.

(2)In this section—

coastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide.

Part 4    Dangerous cargo

Division 1 General duties

87   Duties of person sending dangerous cargo by ship

(1)A person must not send dangerous cargo, other than dangerous goods, by ship unless, before sending the cargo, the person gives the master of the ship a written notice about the cargo stating each of the following—

(a)the proper shipping name of the cargo;

(b)the UN number for the cargo stated in the IMDG code;

(c)the quantity of the cargo;

(d)if the cargo has a flash point—its flash point or flash point range.

Maximum penalty—200 penalty units.

(2)A person must not send dangerous goods by ship unless, before sending the goods, the person—

(a)packs, secures, marks, labels, placards (for a cargo transport unit) and documents the goods in the way required under the IMDG code; and

(b)gives the master of the ship the documents required under the IMDG code.

(3)Subsection (2) is a regulation to which section 213(3) of the Actapplies.

Note—

Section 213(3) of the Actprovides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.

88   Duties of owner or master about dangerous cargo

(1)The owner or master of a ship handling dangerous cargo, other than dangerous goods, must, to the extent it is reasonably practicable, comply with the appropriate dangerous cargo code for the cargo while handling that cargo.

Maximum penalty—200 penalty units.

(2)The owner or master of a ship handling dangerous goods must, to the extent it is reasonably practicable, comply with the IMDG code while handling the goods.

(3)Subsection (2) is a regulation to which section 213(3) of the Actapplies.

Note—

Section 213(3) of the Actprovides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.

Division 2 Dangerous cargo codes

89   Application of dangerous cargo codes

The dangerous cargo codes have effect as if they were part of this regulation.

Division 3 General reporting requirements for ship with dangerous cargo

90   Reporting requirement for ship other than ship operated on local marine service

(1)This section applies if—

(a)a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event) is to happen—

(i)the ship is to arrive at, or depart from, a pilotage area;

(ii)the ship is at a berth or anchorage in a pilotage area and—

(A)the ship is to be removed to another berth or anchorage in the pilotage area; or

(B)the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or

(b)a ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event).

(2)The owner or master of the ship must report the following information in the way and to the person required under subsection (3)—

(a)the expected time of the relevant event;

(b)the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3.

Maximum penalty—200 penalty units.

(3)The report under subsection (2) must be made within the time mentioned in section 92 and—

(a)if the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or

(b)if the relevant event to be reported is to happen in the Brisbane pilotage area—

(i)for information mentioned in subsection (2)(a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and

(ii)for DGTrac information—to the DGTrac system; or

(c)if the relevant event is to happen outside a pilotage area—in the approved form to the general manager.

(4)However, if the dangerous cargo is dangerous goods—

(a)the penalty provision for subsection (2) does not apply; and

(b)subsection (2) is a regulation to which section 213(3) of the Actapplies.

Note—

Section 213(3) of the Actprovides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.

(5)In this section—

DGTrac information means the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3, clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h).

DGTrac system means an electronic system operated by Port of Brisbane Pty Ltd, a subsidiary of Port of Brisbane Pty Ltd, or a port operator, that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area.

Port of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749.

91   Reporting requirement for ship operated on local marine service

(1)This section applies if a ship is to be operated on a local marine service.

(2)The owner or master of the ship must report the following matters in the way and to the person required under subsection (3)—

(a)the start of the local marine service and the nature of the dangerous cargo to be handled on voyages that are part of the service;

(b)each voyage that is part of the local marine service and the nature of the dangerous cargo to be handled on the voyage.

Maximum penalty—200 penalty units.

(3)The report under subsection (2) must be made within the time mentioned in section 92 and—

(a)if an event to be reported is to happen in a pilotage area—in the approved form to a harbour master for the pilotage area; or

(b)if an event to be reported is to happen outside a pilotage area—in the approved form to the general manager.

(4)However, if the dangerous cargo to be handled is dangerous goods—

(a)the penalty provision for subsection (2) does not apply; and

(b)subsection (2) is a regulation to which section 213(3) of the Actapplies.

Note—

Section 213(3) of the Actprovides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies.

(5)The owner or master of a ship operating on a local marine service must notify the general manager within 14 days after the person stops operating the service.

Maximum penalty for subsection (5)—50 penalty units.

92   Time for giving report

(1)A report under section 90 must be made—

(a)for the arrival of a ship—at least 48 hours before the expected arrival; or

(b)for the departure or removal of a ship—at least 3 hours before the expected departure or removal; or

(c)for the transfer of dangerous cargo to another ship—at least 24 hours before the transfer is expected to start; or

(d)for the loading of dangerous cargo on a ship—at least 24 hours before the loading is expected to start.

(2)A report under section 91 must be made—

(a)for the start of the local marine service—at least 48 hours before the start of the service; and

(b)for each voyage that is a part of the local marine service—at the time the person to whom the report is made considers reasonable and of which written notice is given to the owner or master of the ship.

(3)The general manager may, by gazette notice, change a time mentioned in subsection (1) or (2)(a), for a particular place, if the general manager is reasonably satisfied the change is necessary for the particular place—

(a)to ensure marine safety; or

(b)to maintain the effectiveness and efficiency of the Queensland maritime industry.

Division 4 Other reporting requirements

93   Reporting dangerous cargo event

(1)This section applies to a person if—

(a)the person is—

(i)in charge of a place where a ship is, or is about to be, berthed; or

(ii)the owner or master of a ship; and

(b)the person becomes aware that a dangerous cargo event has happened at the place or on the ship.

(2)The person must report the dangerous cargo event in the way and to the person required under subsections (3) and (4).

Maximum penalty—100 penalty units.

(3)The person must report the dangerous cargo event in the approved form and as soon as reasonably practicable after the person finds out about it.

Division 2 Fees for cancelling pilotage services

Fee units
1	Cancellation of pilotage service—
(a)  for the Abbot Point, Hay Point and Lucinda pilotage areas	767.80
(b)  for the Brisbane, Gladstone and Weipa pilotage areas	867.90
(c)  for the Bundaberg, Cairns, Mackay, Mourilyan and Townsville pilotage areas	734.40
(d)  for the Cape Flattery pilotage area	801.20
(e)  for the Cooktown, Karumba, Maryborough, Port Douglas, Rockhampton, Skardon River, Southport and Thursday Island pilotage areas	667.65

Division 3 Fees for delaying pilotage services

Fee units
1	Delay of pilotage service—
(a)  for the Abbot Point, Hay Point and Lucinda pilotage areas	383.85
(b)  for the Brisbane, Gladstone and Weipa pilotage areas	434.00
(c)  for the Bundaberg, Cairns, Mackay, Mourilyan and Townsville pilotage areas	367.30
(d)  for the Cape Flattery pilotage area	400.55
(e)  for the Cooktown, Karumba, Maryborough, Port Douglas, Rockhampton, Skardon River, Southport and Thursday Island pilotage areas	333.80

Part 3    Conservancy dues

Fee units
1	Conservancy dues, for each gross ton or part of a gross ton—
(a)  for a ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, that is 500gt or less	0.154
(b)  for a ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, that is more than 500gt—
(i)  for the first 500gt	0.154
(ii)  for each gross ton, or part of a gross ton, over 500gt	0.253
(c)  for any other ship	0.253

Schedule 7 Partially smooth waters

schedule 9, definition partially smooth waters

1   Brisbane

The waters bounded by an imaginary line drawn—

•from latitude 27° 05.899' south on the mainland

•to South Point, Bribie Island

•along the southern shore of Bribie Island to Skirmish Point

•to Comboyuro Point, Moreton Island

•along the western shore of Moreton Island to Short Point

•to Amity Point, North Stradbroke Island

•to Cleveland Point on the mainland.

2   Maryborough

The waters bounded by an imaginary line drawn—

•from Burrum Point on the mainland

•to the Fairway Beacon, Hervey Bay

•to Rooney Point, Fraser Island

•along the western shore of Fraser Island to latitude 25° 22.899' south

•to latitude 25° 24.899', longitude 152° 58.060' east

•due west to the mainland at latitude 25° 24.899' south.

3   Gladstone

The waters bounded by an imaginary line drawn—

•from Clews Point on the mainland

•to East Point, Facing Island

•along the southern shore of Facing Island to latitude 23° 51.909' south

•due west to South Trees Island at latitude 23° 51.909' south

•along the northernmost shore of South Trees Island to latitude 23° 51.909' south at its western shore

•due west to the mainland at latitude 23° 51.909' south.

4   Keppel Bay

The waters bounded by an imaginary line drawn—

•from Cattle Point on the mainland

•to Sea Hill Point, Curtis Island

•along the northern shore of Curtis Island to Cape Keppel

•to a point situated 0.5n mile east of Egg Rock

•to a point situated 0.5n mile east of The Child

•to a point situated 0.5n mile east of Outer Rocks

•to Water Park Point on the mainland.

5   Llewellyn Bay

The waters bounded by an imaginary line drawn—

•from the high-water mark on the northern tip of Cape Palmerston

•to latitude 21º 17.999' south, longitude 149º 20.000' east

•to the high-water mark on the mainland at latitude 21º 17.999' south.

6   Mackay and Hay Point

The waters bounded by an imaginary line drawn—

•from the high-water mark on the mainland at latitude 21º 17.999' south

•to latitude 21º 17.999' south, longitude 149º 30.000' east

•to latitude 21º 09.999' south, longitude 149º 30.000' east

•to latitude 21º 06.999' south, longitude 149º 18.500' east

•to latitude 21º 02.499' south, longitude 149º 15.000' east

•to the high-water mark on the mainland at the northern tip of Slade Point.

7   Sand Bay

The waters bounded by an imaginary line drawn—

•from the high-water mark on the mainland at the northern tip of Slade Point

•to latitude 21º 02.499' south, longitude 149º 15.000' east

•to latitude 20º 56.999' south, longitude 149º 11.000' east

•to latitude 20º 52.899' south, longitude 149º 04.400' east

•to the high-water mark on the mainland at the north-eastern tip of Cape Hillsborough.

8   St Helens Bay

The waters bounded by an imaginary line drawn—

•from the high-water mark on the mainland at the north-eastern tip of Cape Hillsborough

•to latitude 20º 52.899' south, longitude 149º 04.400' east

•to latitude 20º 44.999' south, longitude 148º 53.000' east

•to latitude 20º 35.999' south, longitude 148º 55.000' east

•to the high-water mark at the eastern tip of the southern bank of the mouth of Hervey Creek on the mainland.

9   Bowen, Whitsunday Passage and Repulse Bay

The waters bounded by an imaginary line drawn—

•from the high-water mark at the eastern tip of the southern bank of the mouth of Hervey Creek on the mainland

•to the south-western tip of Shaw Island

•along the western shore of Shaw Island and Gaibirra Island to the northern tip of Gaibirra Island

•to the southern tip of Maher Island

•along the western shore of Maher Island to Jesuit Point

•to the southern tip of Harold Island

•along the eastern shore to the northern tip of Harold Island

•to the south-eastern tip of Deloraine Island

•along the eastern shore to the north eastern tip of Deloraine Island

•to a point situated 1n mile north-east of Pinnacle Point, Hook Island

•to a point situated 1n mile north of Dolphin Point, Hayman Island

•to a point situated 1n mile north of the northern tip of Eshelby Island

•to a point situated 1n mile north of the northern tip of Rattray Island

•to a point situated 1n mile north of Gloucester Head, Gloucester Island

•to the north headland at the mouth of the Don River on the mainland.

10   Upstart Bay

The waters of Upstart Bay south of a line between the north-western tip of Cape Upstart to the high-water mark at approximate latitude 19º 40.019' south, longitude 147º 36.440' east in the vicinity of Rita Island.

11   Townsville

The waters bounded by an imaginary line drawn—

•from Cape Pallarenda on the mainland

•to Bay Rock

•to a point situated 0.5n mile north of White Rock

•to a point situated 0.5n mile north of The Point, Magnetic Island

•to a point situated 0.5n mile north of Orchard Rocks

•to Cape Cleveland on the mainland.

12   Palm Islands

The waters bounded by an imaginary line drawn—

•from Lucinda Point on the mainland

•to George Point, Hinchinbrook Island

•to the northern tip of Pelorus Island

•along the western shore of Pelorus Island to its south-western tip

•to Iris Point, Orpheus Island

•along the western and southern shores of Orpheus Island to latitude 18° 39.309' south on the eastern side of the island

•to the western tip of Curacoa Island

•along the northern and eastern shores of Curacoa Island to its eastern tip

•to the northern tip of Great Palm Island

•along the western shore of Great Palm Island to latitude 18° 44.909' south

•due west to the mainland.

13   Rockingham Bay

The waters bounded by an imaginary line drawn—

•from Ninney Point on the mainland

•to a point situated 0.5n mile east of Clump Point on the mainland

•to a point situated 0.5n mile east of South Island in the Brook Islands Group

•to Cape Sandwich, Hinchinbrook Island

•along the northern shore of Hinchinbrook Island to Hecate Point

•to latitude 18° 14.909' south on the mainland.

14   Cairns

The waters bounded by an imaginary line drawn—

•from Buchan Point on the mainland

•to a point situated 0.5n mile north of the northern tip of Double Island

•to a point situated 0.5n mile north of Upolu Reef

•then following the northern and eastern edges of Upolu Reef at a distance of 0.5n mile from the reef

•to a point situated 0.5n mile from the eastern tip of Upolu Reef

•to the eastern tip of Green Island

•to the eastern tip of Little Fitzroy Island

•along the south-eastern shore to the southern tip of Little Fitzroy Island

•to the north-eastern tip of Fitzroy Island

•along the western shore of Fitzroy Island to its south-western tip

•to the southern headland of Little Turtle Bay on the mainland.

15   Port Douglas

The waters bounded by an imaginary line drawn—

•from Island Point on the mainland

•to a point situated 0.5n mile east of the Low Islets

•to Cape Tribulation on the mainland.

16   Thursday Island

The waters bounded by an imaginary line drawn—

•from Van Speult Point on the mainland

•to a point situated 0.5n mile south-west of Barn (Parau) Island

•to latitude 10° 43.509' south, longitude 142° 15.870' east on Prince of Wales Island (Rattlesnake Point)

•along the eastern and northern shores of Prince of Wales Island to Hochepied Head

•to the western tip of Friday Island

•to Harrison Rock

•to Hammond Rock

•to a point situated 0.5n mile north of Ince Point, Wednesday Island

•to Strait Rock

•to King Point, Horn Island

•along the eastern and southern shores of Horn Island to Garagar Point

•to Peak Point on the mainland

•along the shore to Van Speult Point.

17   Weipa

The waters bounded by an imaginary line drawn—

•from Duyfken Point on the mainland

•to Thud Point on the mainland

•along the shore to Duyfken Point.

18   Karumba

The waters within a 7.5n mile radius of the north head of the Norman River entrance.

Schedule 8 Smooth waters

schedule 9, definition smooth waters

1   Brisbane

(1)The waters bounded by an imaginary line drawn—

•from Cleveland Point on the mainland

•to Amity Point, North Stradbroke Island

•along the western shore of North Stradbroke Island to longitude 153° 26.560' east

•due south to South Stradbroke Island

•along the western shore of South Stradbroke Island to the outer northern breakwater of the Gold Coast Seaway

•to the outer southern breakwater of the Gold Coast Seaway at The Spit on the mainland.

(2)The waters bounded by an imaginary line drawn—

•from latitude 27° 05.899' south on the mainland

•to South Point, Bribie Island

•along the western shore of Bribie Island to its northern tip

•to the high-water mark at longitude 153° 07.810' east on the mainland.

2   Maryborough

The waters bounded by an imaginary line drawn—

•from latitude 25° 24.899' south on the mainland

•due east to longitude 152° 58.060' east

•in a north-easterly direction to the intersection of latitude 25° 22.899' south and Fraser Island

•along the western shore of Fraser Island to longitude 153° 04.060' east

•to Inskip Point on the mainland.

3   Seventeen Seventy

The waters bounded by an imaginary line drawn—

•from the north-east point of Eurimbula National Park at latitude 24° 10.331' south, longitude 151° 52.192' east

•to Monument Point at latitude 24° 09.599' south, longitude 151° 52.960' east.

4   Gladstone

The waters bounded by an imaginary line drawn—

•from latitude 23° 51.909' south on the mainland

•due east to Facing Island

•along the western shore of Facing Island to North Point

•to Connor Bluff, Curtis Island

•along the southern and western shores of Curtis Island to latitude 23° 33.909' south

•due west to Division Point on the mainland.

5   Port Alma

The waters bounded by an imaginary line drawn—

•from Cattle Point on the mainland

•to Sea Hill Point, Curtis Island

•along the western shore of Curtis Island to latitude 23° 33.909' south

•due west to Division Point on the mainland.

6   Bowen

The waters bounded by an imaginary line drawn—

•from Dalrymple Point on the mainland

•to Adelaide Point on the mainland

•along the shore to Dalrymple Point.

7   Lucinda

The waters bounded by an imaginary line drawn—

•from Lucinda Point on the mainland

•to George Point, Hinchinbrook Island

•along the southern and western shores of Hinchinbrook Island to Hecate Point

•to the high-water mark at latitude 18° 14.909' south on the mainland.

8   Mourilyan

The waters bounded by an imaginary line drawn—

•from Goodman Point on the mainland

•to Camp Point on the mainland

•along the high-water mark to Goodman Point.

9   Cairns

The waters bounded by an imaginary line drawn—

•from Bessie Point on the mainland

•to Ellie Point on the mainland

•along the shore to Bessie Point.

10   Port Douglas

The waters bounded by an imaginary line drawn—

•from Island Point on the mainland

•due north to latitude 16° 28.409' south

•due west to the mainland.

11   Cooktown

The waters bounded by an imaginary line drawn—

•from the vicinity of Queens Chair at longitude 145° 15.390' east on the mainland

•to latitude 15° 27.009' south, longitude 145° 15.670' east

•due west to the mainland.

12   Thursday Island

The waters bounded by an imaginary line drawn—

•from longitude 142° 15.370' east on Horn Island

•due north to latitude 10° 33.009' south (near Channel Rock)

•due west to Hammond Island at latitude 10° 33.009' south

•along the southern shore of Hammond Island to Kate Point

•to Heath (Kiwain) Point, Prince of Wales Island

•along the eastern shore of Prince of Wales Island to Red Point

•to Garagar Point, Horn Island

•along the western shore to longitude 142° 15.370' east on Horn Island.

13   Weipa

The waters bounded by an imaginary line drawn—

•from Wooldrum Point on the mainland

•to latitude 12° 35.009' south, longitude 141°47.670' east on the mainland

•along the shore to Wooldrum Point.

14   Karumba

The waters within a 4n mile radius of the north head of the Norman River entrance.

Schedule 9 Dictionary

section 3

ABP Standard means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats endorsed by the entity formerly known as the Transport Infrastructure Council and published on 5 June 2020 by the Australian Recreational Boating Safety Committee on the Australia New Zealand Safe Boating Education Group’s website, as amended from time to time.

accredited surf life saving club means a surf life saving club accredited by the commissioner of the police service.

administering agency, for an authority, a marine licence or a marine licence indicator, see section 99.

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

AMSA means the Australian Maritime Safety Authority.

approving entity, for a buoy mooring approval, see section 186.

AQF means the Australian Qualifications Framework under the Higher Education Support Act 2003 (Cwlth).

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

aquatic event authority means a consent under section 198 to hold an aquatic event.

area VTS, for a pilotage area, means the vessel traffic services operated by the general manager in the pilotage area.

Note—

The VHF radio frequencies used by an area VTS are stated in notices to mariners published by MSQ, which are available for inspection at the offices of MSQ during normal office hours or on MSQ’s website.

authority see section 100.

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 means a plate fixed to a ship displaying information about the ship that is relevant to marine safety.

builders plate approver see section 49.

buoy mooring approval means an approval under section 186 to establish a buoy mooring.

buoy mooring direction means a direction under section 183(3), 185(3) or 192(4).

category 1 area—

(a)for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(2)(a); or

(b)for a buoy mooring in Gold Coast waters—see section 184(1)(a).

category 2 area—

(a)for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(2)(b); or

(b)for a buoy mooring in Gold Coast waters—see section 184(1)(b).

category 3 area—

(a)for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(3); or

(b)for a buoy mooring in Gold Coast waters—see section 184(2).

change of address label means a change of address label mentioned in section 145(2)(b).

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

Note—

The collision regulations are included as an Appendix to the Marine Orders - Part 30: Prevention of Collisions, Issue 8 (Cwlth).

compliant, for a handheld red flare or orange smoke signal, means that the flare or signal complies with—

(a)the NSCV; or

(b)SOLAS; or

(c)AS 2092—2004 (Pyrotechnic marine distress flares and signals for pleasure craft).

compliant inflatable diver’s jacket means an inflatable diver’s jacket complying with BS EN 12628:1999 (Diving accessories. Combined buoyancy and rescue devices. Functional and safety requirements, test methods).

crew, of a 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, of a ship, means a person who is employed or engaged on board the ship to perform duties relating to the navigation or operation of the ship, but does not include the master or pilot of the ship.

criminal history check means a written report from the commissioner of the police service about a person’s criminal history.

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, asking the department to discontinue use of the postal address, has been received by the department.

damaged—

1

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

2

Damaged, for a smartcard marine licence indicator for a marine licence—

(a)means—

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

(A)any information on the smartcard marine licence indicator (including a change of address label) is impossible or difficult to read without the use of technology; or

(B)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

(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 149.

dangerous cargo see AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).

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 for Petroleum, Chemicals and Liquefied Gases, issued by the International Chamber of Shipping, the Chemical Distribution Institute, the Society of International Gas Tanker and Terminal Operators and the Oil Companies International Marine Forum;

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

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

dangerous goods means dangerous goods to which the IMDG code applies.

emergency services department ...

EPIRB means an emergency position indicating radio beacon.

examining approval means an approval, under section 65, of an entity to conduct examinations mentioned in section 64.

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

fee see section 200.

fishing ship means—

(a)a ship with a certificate of operation issued, or taken to be issued, under the national law stating it is a class 3 ship; or

(b)a tender to a ship mentioned in paragraph (a).

freestyle, for 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.

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

government entity means a government entity under the Public Sector Act 2022, section 276.

grant includes issue.

handle, in relation to dangerous cargo, includes carry, discharge, load, move, restow, stack, stow and unload and anything incidental to carrying, discharging, loading, moving, restowing, stacking, stowing or unloading.

harbour master—

(a)for a pilotage area, see section 162; or

(b)for chapter 9, see section 181(6).

holder, of an authority or marine licence, 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.

Note—

For a marine licence indicator, see schedule 1 of the Act, definition holder.

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

IMSBC code means the International Maritime Solid Bulk Cargoes Code published by the International Maritime Organization.

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 Harbors.

issuing entity means a harbour master, the general manager or the Gold Coast Waterways Authority.

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

level flotation, for a ship, means level flotation within the meaning of the ABP Standard.

lifejacket means a garment or device that, when correctly worn and used in water, will provide the wearer with a specific amount of buoyancy which will increase the likelihood of survival.

lifejacket level 50 means a lifejacket that—

(a)is classified as level 50 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(b)has the symbol ‘50’ marked on it by the manufacturer to show the classification.

lifejacket level 50S means a lifejacket that—

(a)is classified as level 50S under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(b)has the symbol ‘50S’ marked on it by the manufacturer to show the classification.

lifejacket level 100 means—

(a)a lifejacket that—

(i)complies with the requirements for the lifejacket under SOLAS as in force when the lifejacket is manufactured; and

(ii)has the symbol ‘SOLAS’ marked on it by the manufacturer to show the lifejacket complies with the requirements; or

(b)a lifejacket that—

(i)complies with the requirements for the lifejacket under the NSCV, part C, section 7, subsection 7A, annex G; and

(ii)has the symbol ‘150’ marked on it by the manufacturer to show the lifejacket complies with the requirements; or

(c)a lifejacket that—

(i)is classified as level 100 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii)has the symbol ‘100’ marked on it by the manufacturer to show the classification; or

(d)a lifejacket that—

(i)is classified as level 150 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii)has the symbol ‘150’ marked on it by the manufacturer to show the classification; or

(e)a lifejacket that—

(i)is classified as level 275 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii)has the symbol ‘275’ marked on it by the manufacturer to show the classification.

local marine service means a shipping service in which a ship is operated on Queensland intrastate voyages to handle dangerous cargo.

marine safety legislation means any of the following—

(a)the Act;

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

mooring manager—

(a)for a buoy mooring in a category 1 area in Queensland waters other than Gold Coast waters—see section 182(4); or

(b)for a buoy mooring in a category 1 area in Gold Coast waters—see section 184(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 published by AMSA on its website.

offer to occupy means an offer to occupy a stated buoy mooring location under a buoy mooring approval made by an approving entity under section 186 to the person who applied for the approval.

partially smooth waters means the waters described in schedule 7, other than waters within 0.5n mile from land.

passenger, for a ship, means any person on the ship other than—

(a)the master of the ship; or

(b)any of the crew of the ship; or

(c)the pilot of the ship; or

(d)a child under 1 year.

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

pilot licence means a licence authorising the holder of the licence to have the conduct of a ship as its pilot.

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

prescribed other Queensland regulated ship means an other Queensland regulated ship that—

(a)is 6m or more in length; or

(b)is designed to carry more than 12 persons on the ship; or

(c)operates more than 15n miles from land.

prescribed review information, for a decision, means information that a person whose interests are affected by the decision may—

(a)under section 203B of the Act, ask for the decision to be reviewed by the entity by or for whom the decision was made; and

(b)under the Transport Planning and 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 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.

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

reasonably satisfied means satisfied on reasonable grounds.

register means the register of registered Queensland regulated ships kept by the chief executive and the general manager under section 34.

registered, for a ship, means registered under this regulation.

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

registering entity see section 29(1).

registration fee, for a ship, means the fee for the registration of the ship stated in schedule 6, part 1, division 1.

required licence, for a person operating a ship as its master, or acting as a crew member of a ship, means the licence the person must hold to operate the ship, or act as a crew member of the ship, under chapter 4, part 1, division 2.

required lifejacket, for an individual on board a ship, see section 22.

restricted use authority means an authority authorising the operation of a ship for 1 or more of the uses mentioned in section 53(1).

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

sailing ship means a ship designed to use sails as its primary means of propulsion, whether or not the ship also has an auxiliary mechanical means of propulsion.

school means a State school or non-State school, as defined under the Education (General Provisions) Act 2006, providing primary education, secondary education, or special education, as defined under that Act.

smooth waters means the waters—

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

(b)within breakwaters or revetments; or

(c)within 0.5n mile from land that are within waters described in schedule 7; or

(d)described in schedule 8.

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

speed means speed over the ground.

surf, for a ship, means drive the ship down a breaking wave, wake or swell.

temporary permit means a permit under section 75 to operate a prescribed other Queensland regulated ship as a master or act as a crew member of a prescribed other Queensland regulated ship.

training program approval means an approval, under section 67, of an entity to provide training programs for the operation of recreational ships and personal watercraft.

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

unlicensed person, for a ship, means a person who does not hold the required licence to operate the ship as its master.

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

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.

waterskiing means the activity of towing a person by a line attached to a ship, including, for example, a person riding on a toboggan or tube.

wave jump, for 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.