Untitled document
Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013
S.R. No. 102/2013
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Amendment of objectives
5Definitions
6New regulation 8 substituted
8Specified regulated hire and drive vessels
7Exemptions from registration
8Application for registration of a vessel
9Prescribed conditions on registration of vessels
10Prescribed information to be contained in register of registered vessels
11Tests of health and competence
12Revocation of Parts 4 and 5
13Operation of recreational vessels and hire and drive vessels
14Fuelling and restarting of recreational vessel or recreational
hire and drive vessel15Overloaded recreational vessel or recreational hire and drive vessel not to be operated
16Overloading of passengers on flying bridge
17Use of hire and drive vessel
18Fire fighting equipment required for recreational vessels
19Application of Prevention of Collisions Convention
20Offence for master of a domestic commercial vessel to contravene Prevention of Collisions Convention
21Heading to Subdivision 3 of Division 5 of Part 6 substituted
22Application of Prevention of Collisions Convention
23Regulation 109 substituted
109Offence for master of a recreational vessel and
regulated hire and drive vessel to contravene
Prevention of Collisions Convention
24Certain vessels to give way
25Prescribed services
26Revocation of Division 3 of Part 13
27New Division heading substituted in Part 13
28Revocation of regulation 153
29New regulation 154 substituted
154Fee for issue or renewal of certificates
30Revocation of regulation 155
31New regulation 156 substituted
156Fee for issue of duplicate certificate
32New regulation 157 substituted
157Examination fees for certificates
33Revocation of certain Regulations
34Expiry of certain provisions
35Types of personal flotation devices
36Additional equipment to be carried on recreational vessels on enclosed waters
37Additional equipment to be carried on recreational vessels on inland waters
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ENDNOTES
STATUTORY RULES 2013
S.R. No. 102/2013
Marine Safety Act 2010
Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 30 July 2013
Responsible Minister:
DAVID HODGETT
Minister for PortsYVETTE CARISBROOKE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Marine Safety Regulations 2012 to exclude those matters regulated under the Marine Safety (Domestic Commercial Vessel) National Law as a consequence of the Marine (Domestic Commercial Vessel National Law Application) Act 2013 and to make other miscellaneous amendments.
2Authorising provision
These Regulations are made under Part 8.10 of the Marine Safety Act 2010.
3Principal Regulations
In these regulations, the Marine Safety Regulations 2012[1] are called the Principal Regulations.
4Amendment of objectives
In regulation 1 of the Principal Regulations—
(a)in paragraph (a), after "operation of" insert "recreational";
(b)in paragraph (b), after "vessels and" (where firstly occurring) insert "regulated";
(c)omit paragraph (c).
5Definitions
(1)In regulation 4 of the Principal Regulations, insert the following definitions—
"certificate of operation means—
(a)a certificate issued under section 48 of the Marine Safety (Domestic Commercial Vessel) National Law; or
(b)a certificate recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law;
National Standard for Commercial Vessels has the same meaning as it has in the Marine Safety (Domestic Commercial Vessel) National Law;
valid certificate of competency means—
(a)a certificate issued under section 60 of the Marine Safety (Domestic Commercial Vessel) National Law which is in force; or
(b)a certificate recognised under section 73 of the Marine Safety (Domestic Commercial Vessel) National Law;".
(2)In regulation 4 of the Principal Regulations, for the definition of Uniform Shipping Laws Code substitute—
"Uniform Shipping Laws Code has the same meaning as it has in the Marine Safety (Domestic Commercial Vessel) National Law;".
(3)In regulation 4 of the Principal Regulations, the following definitions are revoked—
(a)certified extract;
(b)commissioning phase;
(c)construction phase;
(d)design phase;
(e)existing vessel;
(f)fast craft;
(g)measured length;
(h)new vessel;
(i)NSCV;
(j)Part A of the National Standard for Commercial Vessels;
(k)Part C Section 3 of the National Standard for Commercial Vessels;
(l)Part C Section 4 of the National Standard for Commercial Vessels;
(m)Part C Section 5 Subsection A of the National Standard for Commercial Vessels;
(n)Part C Section 5 Subsection B of the National Standard for Commercial Vessels;
(o)Part C Section 5 Subsection C of the National Standard for Commercial Vessels;
(p)Part C Section 5 Subsection D of the National Standard for Commercial Vessels;
(q)Part C Section 6 Subsection A of the National Standard for Commercial Vessels;
(r)Part C Section 6 Subsection B of the National Standard for Commercial Vessels;
(s)Part C Section 6 Subsection C of the National Standard for Commercial Vessels;
(t)Part C Section 7 Subsection A of the National Standard for Commercial Vessels;
(u)Part C Section 7 Subsection B of the National Standard for Commercial Vessels;
(v)Part C Section 7 Subsection C of the National Standard for Commercial Vessels;
(w)Part C Section 7 Subsection D of the National Standard for Commercial Vessels;
(x)Part D of the National Standard for Commercial Vessels;
(y)Part E of the National Standard for Commercial Vessels;
(z)Part F Section 1 Subsection A of the National Standard for Commercial Vessels;
(za)Part F Section 1 Subsection B of the National Standard for Commercial Vessels;
(zb)Part F Section 1 Subsection C of the National Standard for Commercial Vessels;
(zc)Part F Section 2 of the National Standard for Commercial Vessels;
(zd)service category;
(ze)survey;
(zf)upgrade in service;
(zg)vessel particulars.
(4)In regulation 4 of the Principal Regulations, in the definition of expiry date, paragraphs (c) and (d) are revoked.
(5)In regulation 4 of the Principal Regulations, in the definition of open area—
(a)paragraph (a) is revoked;
(b)in paragraph (b), after "recreational vessel" insert "or hire and drive vessel".
6New regulation 8 substituted
For regulation 8 of the Principal Regulations substitute—
"8 Specified regulated hire and drive vessels
For the purposes of paragraph (b) of the definition of regulated hire and drive vessel in section 3(1) of the Act, a vessel is specified to be a regulated recreational hire and drive vessel that falls within a class of recreational hire and drive vessel if the vessel—
(a)is provided on a trailer; and
(b)operates under a certificate of operation.".
7Exemptions from registration
In regulation 10(c) of the Principal Regulations, for "commercially operated" substitute "domestic commercial".
8Application for registration of a vessel
(1)In regulation 11(1) of the Principal Regulations, for "a vessel" substitute "a recreational vessel".
(2)For regulation 11(2)(c) of the Principal Regulations substitute—
"(c)be accompanied by proof as to the identity and address of the applicant and, if the applicant is a natural person, the date of birth of that person; and".
9Prescribed conditions on registration of vessels
(1)In the heading to regulation 27 of the Principal Regulations, after "registration of" insert "recreational".
(2)In regulation 27(1) of the Principal Regulations, for "vessel" (wherever occurring) substitute "recreational vessel".
(3)In regulation 27(2) of the Principal Regulations—
(a)for "vessel" (where firstly and secondly occurring) substitute "recreational vessel";
(b)in paragraphs (b) and (c), for "vessel's" substitute "recreational vessel's";
(c)in paragraphs (c), (d) and (e), for "the vessel" substitute "the recreational vessel";
(d)in paragraph (f), for "vessel's" substitute "recreational vessel's";
(e)in paragraph (g), for "the vessel" substitute "the recreational vessel".
10Prescribed information to be contained in register of registered vessels
(1)In the heading to regulation 28 of the Principal Regulations, after "registered" insert "recreational".
(2)In regulation 28 of the Principal Regulations—
(a)for "vessels" substitute "recreational vessels";
(b)for "vessel" substitute "recreational vessel";
(c)in paragraph (d), for "vessel's" substitute "recreational vessel's".
11Tests of health and competence
In column 2 of the Table in regulation 42 of the Principal Regulations, in the entry relating to tests related to eyesight, after "people" insert
"or classes of people".
12Revocation of Parts 4 and 5
Parts 4 and 5 of the Principal Regulations are revoked.
13Operation of recreational vessels and hire and drive vessels
In the heading to Division 2 of Part 6 of the Principal Regulations, after "recreational vessels and" insert "recreational".
14Fuelling and restarting of recreational vessel or recreational hire and drive vessel
(1)In the heading to regulation 91 of the Principal Regulations, after "recreational vessel or" insert "recreational".
(2)In regulation 91(1) of the Principal Regulations, after "recreational vessel or a" insert "recreational".
(3)In regulation 91(2) of the Principal Regulations, after "recreational vessel or a" insert "recreational".
15Overloaded recreational vessel or recreational hire and drive vessel not to be operated
(1)In the heading to regulation 92 of the Principal Regulations, after "recreational vessel or" insert "recreational".
(2)In regulation 92(1) of the Principal Regulations, after "recreational vessel or a" insert "recreational".
16Overloading of passengers on flying bridge
In regulation 93 of the Principal Regulations, after "recreational vessel or a" insert "recreational".
17Use of hire and drive vessel
(1)In the heading to regulation 94 of the Principal Regulations, after "Use of" insert "recreational".
(2)In regulation 94(1) of the Principal Regulations, after "The master of a" insert "recreational".
(3)In regulation 94(2) of the Principal Regulations, after "who operates a" insert "recreational".
18Fire fighting equipment required for recreational vessels
In regulation 97(1) of the Principal Regulations, after "recreational vessel" insert "(other than a personal watercraft)".
19Application of Prevention of Collisions Convention
In the heading to Subdivision 2 of Division 5 of Part 6 of the Principal Regulations, for "commercial" substitute "domestic commercial".
20Offence for master of a domestic commercial vessel to contravene Prevention of Collisions Convention
(1)In the heading to regulation 107 of the Principal Regulations, for "commercial" substitute "domestic commercial".
(2)In regulation 107 of the Principal Regulations, for "commercial" substitute "domestic commercial".
21Heading to Subdivision 3 of Division 5 of Part 6 substituted
For the heading to Subdivision 3 of Division 5 of Part 6 of the Principal Regulations substitute—
"Subdivision 3—Application of Prevention of Collisions Convention to recreational vessels and regulated hire and drive vessels".
22Application of Prevention of Collisions Convention
In regulation 108 of the Principal Regulations, for ", hire and drive vessels and government vessels" substitute "and hire and drive vessels".
23Regulation 109 substituted
For regulation 109 of the Principal Regulations substitute—
"109 Offence for master of a recreational vessel and regulated hire and drive vessel to contravene Prevention of Collisions Convention
The master of a recreational vessel or a regulated hire and drive vessel on State waters must not contravene any provision of the Prevention of Collisions Convention.
Penalty:20 penalty units.".
24Certain vessels to give way
(1)In regulation 112(1)(d) of the Principal Regulations, for "fishing" (where firstly occurring) substitute "domestic commercial".
(2)In regulation 112(2)(d) of the Principal Regulations, for "fishing"(where firstly occurring) substitute "domestic commercial".
25Prescribed services
For regulation 131(c) of the Principal Regulations substitute—
"(c)conducting any supervision or assessment for the purposes of satisfying the requirements for the grant of a pilot licence or a pilot exemption certificate.".
26Revocation of Division 3 of Part 13
Division 3 of Part 13 of the Principal Regulations is revoked.
27New Division heading substituted in Part 13
For the heading to Division 4 of Part 13 of the Principal Regulations substitute—
"Division 4—Local knowledge certificates".
28Revocation of regulation 153
Regulation 153 of the Principal Regulations is revoked.
29New regulation 154 substituted
For regulation 154 of the Principal Regulations substitute—
"154 Fee for issue or renewal of certificates
A fee of 4×6 fee units must be paid to the Safety Director for the issue or renewal of a certificate of local knowledge.".
30Revocation of regulation 155
Regulation 155 of the Principal Regulations is revoked.
31New regulation 156 substituted
For regulation 156 of the Principal Regulations substitute—
"156 Fee for issue of duplicate certificate
A fee of 4×6 fee units must be paid to the Safety Director for the issue of a duplicate of a certificate of local knowledge.".
32New regulation 157 substituted
For regulation 157 of the Principal Regulations substitute—
"157 Examination fees for certificates
(1)A fee of 3×34 fee units for each examination is payable by a person who sits a written examination conducted by or on behalf of the Safety Director for the issue of a certificate of local knowledge.
(2)A fee of 6×7 fee units for each examination is payable by a person who sits an oral examination conducted by or on behalf of the Safety Director for the issue of a certificate of local knowledge.".
33Revocation of certain Regulations
Regulations 171, 174, 176, 177, 178 and 179 of the Principal Regulations are revoked.
34Expiry of certain provisions
In regulation 180 of the Principal Regulations, for "2013" substitute "2015".
35Types of personal flotation devices
In Part 3 of Schedule 1 to the Principal Regulations—
(a)in paragraph (c), for 'requirements".' substitute 'requirements";';
(b)after paragraph (c) insert—
'(d) European Standard EN 393:1993 E Superseded "Lifejackets and personal buoyancy aids—Buoyancy aids―50N", as formulated, issued, prescribed or published by the European Committee for Standardization from time to time; or
(e)any standard or specifications approved by the Safety Director.'.
36Additional equipment to be carried on recreational vessels on enclosed waters
In Table D of Schedule 3 to the Principal Regulations, for the heading of Column 4 substitute "Requirements for enclosed waters".
37Additional equipment to be carried on recreational vessels on inland waters
In Table F of Schedule 3 to the Principal Regulations—
(a)for the item of equipment specified in Column 3 of item 1 substitute "PFD Type 1, PFD Type 2 or PFD Type 3";
(b)for the item of equipment specified in Column 3 of item 2 substitute "PFD Type 1, PFD Type 2 or PFD Type 3";
(c)for the item of equipment specified in Column 3 of item 6 substitute "PFD Type 1, PFD Type 2 or PFD Type 3";
(d)for the heading of Column 4 substitute "Requirements for inland waters".
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ENDNOTES
[1] Reg. 3: S.R. No. 45/2012.
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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 2004.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Schedule 1—Part 3—PFD Type 2 | European Standard EN 393:1993 E Superseded "Lifejackets and personal buoyancy aids—Buoyancy aids—50N" as published by the European Committee for Standardization (CEN) November 1993 incorporating the corrigendum dated November 1993 and reissued incorporating (Amendment) No. 1: 1998 published July 1998 | Whole |
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