Untitled document

Marine Safety Amendment Regulations 2015

S.R. No. 153/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Part B of the National Standard for Commercial Vessels applies subject to modifications in relation to designated waters

6Substitution of regulation 29

7Expiry of certain provisions

8Amendment of Schedule 1

9Requirements for equipment on recreational vessels

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Endnotes

STATUTORY RULES 2015

S.R. No. 153/2015

Marine Safety Act 2010

Marine Safety Amendment Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 8 December 2015

Responsible Minister:

LUKE DONNELLAN
Minister for Ports

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Marine Safety Regulations 2012—

(a)to make changes to the application of Part B of the National Standard for Commercial Vessels in Victoria; and

(b)to simplify the basis on which a person is exempt from the requirement to hold a marine licence; and

(c)to make changes relating to equipment required on recreational vessels; and

(d)to revoke the scheduled expiry of regulations 31 and 32 on 21 December 2015; and

(e)to make other minor amendments.

2Authorising provision

These Regulations are made under section 309 of the Marine Safety Act 2010.

3Principal Regulations

In these Regulations, the Marine Safety Regulations 2012[1] are called the Principal Regulations.

4Definitions

(1)In regulation 4 of the Principal Regulations insert the following definition—

"Part D of the National Standard for Commercial Vessels means the provisions of Part D—Crew Competencies of the National Standard for Commercial Vessels declared under section 427(3)(a) of the Commonwealth Navigation Act as in force on 12 September 2006 and referred to in an order published in the Commonwealth of Australia Gazette on 27 September 2006 and amended from time to time;".

(2)In regulation 4 of the Principal Regulations, for the definition of Port Phillip Heads substitute—

"Port Phillip Heads means all the waters between an imaginary line drawn between Shortland Bluff and Point Nepean, and the seaward limits of an imaginary line constituting the arc of a circle with a radius of 3 nautical miles centred on Point Lonsdale;".

(3)In regulation 4 of the Principal Regulations, for the definition of valid certificate of competency substitute—

"valid certificate of competency means—

(a)any of the following qualifications described in Part D of the National Standard for Commercial Vessels for which a certificate is issued under section 60 of the Marine Safety (Domestic Commercial Vessel) National Law or for which a certificate is recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law—

(i)Coxswain Grade 2 NC;

(ii)Coxswain Grade 1 NC;

(iii)Master (Inland waters);

(iv)Master <24m NC;

(v)Master <35m NC;

(vi)Mate <80m NC;

(vii)Master <80m NC; or

(b)a notice in writing given to a person by the Safety Director declaring that the person's qualification, certificate or experience is equivalent to a qualification or certificate referred to in paragraph (a);".

5Part B of the National Standard for Commercial Vessels applies subject to modifications in relation to designated waters

(1)In regulation 7(1)(a) of the Principal Regulations, for "safe haven" substitute "specified area".

(2)Regulation 7(1)(c) of the Principal Regulations is revoked.

(3)In regulation 7(2)(a)(i) of the Principal Regulations, for "safe haven" (wherever occurring) substitute "specified area".

(4)In regulation 7(2)(b) of the Principal Regulations, for "partially smooth water operations in Clause 3.4.2" substitute "partially smooth waters in the dictionary".

(5)For regulation 7(2)(c) of the Principal Regulations substitute—

"(c)a reference to waters determined to be a specified area in subsection 2.4(4) were a reference to a specified area designated in a notice under subregulation (1);".

(6)In regulation 7(2)(d) of the Principal Regulations, for "partially smooth water operations in Clause 3.4.2" substitute "smooth waters in the dictionary".

6Substitution of regulation 29

For regulation 29 of the Principal Regulations substitute—

"29   Exemptions from requirement to hold a marine licence

(1)Subject to subregulation (2), a person is exempt from the requirement to hold a marine licence if the person holds a valid certificate of competency that is not subject to any conditions relating to the person's health or fitness.

(2)An exemption under subregulation (1) is subject to the condition that the person must carry the valid certificate of competency while acting as the master of a recreational vessel.

(3)For the purposes of paragraph (b) of the definition of valid certificate of competency in regulation 4, the Safety Director may, by notice in writing given to a person, declare that the person's qualification, certificate or experience is equivalent to a qualification or certificate referred to in paragraph (a) of that definition.".

7Expiry of certain provisions

In regulation 180 of the Principal Regulations—

(a)omit "Regulations 31, 32, and";

(b)for "expire" substitute "expires".

8Amendment of Schedule 1

In Part 4 of Schedule 1 to the Principal Regulations, for item 4 substitute—

'4A personal flotation device is a PFD Type 3 if it complies with—

(a)AS 4758.1:2015 "Lifejackets—Part 1: General requirements. Standards Australia Limited [2015] Sydney, Australia" relating to Level 50S PFDs; or

(b)any other standard or specification approved by the Safety Director that substantially complies with the standard referred to in paragraph (a) or adequately achieves the purposes of that standard.'.

9Requirements for equipment on recreational vessels

In Table G of Schedule 3 to the Principal Regulations, in the Equipment requirements for Item of equipment EPIRB omit "and have affixed to it a proof-of-registration sticker from AMSA".

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Endnotes

[1] Reg. 3: S.R. No. 45/2012 as amended by S.R. No. 102/2013.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Schedule 1—Part 4—PFD Type 3	Australian Standard AS 4758.1:2015 Lifejackets—Part 1: General requirements. Standards Australia Limited [2015] Sydney, Australia	Whole