Untitled document

Marine (Amendment) Act 1999

Act No. 28/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	New definitions inserted	2
5.	New Part 3B inserted	2
PART 3B—PILOTAGE SERVICES	3
Division 1—Registration of pilotage services providers	3

26J.	Notification of pilotage services provider	3
26K.	Registration as a pilotage service provider	3
26L.	Duration of registration	3
26M.	Application for renewal of registration	4
26N.	Certificates of registration	4
26O.	The Register	5
26P.	Requirement to notify the Board of changes to
registration information	5
26Q.	Records to be kept	6
26R.	Offence to provide pilotage services without registration	6

Division 2—Safety standards for provision of pilotage

services 7

26S.	Compliance with safety standards	7
26T.	Offence to fail to comply with safety standards	8

6.	Functions of the Board	9
7.	Powers of inspectors	9
8.	New section 83A inserted	9

83A. Offence to fail to comply with request of inspector 9

9.	Investigations	10
10.	Cancellation or suspension of certificates, etc.	11
11.	Offence to obstruct	11
12.	Penalties for certain offences increased	12
13.	Amendment of powers of the Board	12
14.	New Schedule 6 inserted	12

i

Section Page

SCHEDULE 6—Safety standards for pilotage services providers 12

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NOTES 17

ii

Victoria

No. 28 of 1999

Marine (Amendment) Act 1999†

[Assented to 1 June 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Marine

Act 1988—

(a) with respect to the provision of pilotage services in port waters, including setting safety standards for the provision of those

services; and

(b) to extend the Marine Board of Victoria's powers to investigate and prosecute offences against that Act and the regulations.

Marine (Amendment) Act 1999

Act No. 28/1999 s. 2

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

In this Act, the Marine Act 1988 is called the	No. 52/1988. Reprint No. 4
Principal Act.	as at 4 February
1999.

4. New definitions inserted

In section 3(1) of the Principal Act insert—

' "pilotage services" means—

(a)	the service of providing a pilot to navigate a vessel within, or into or out of, port waters; or
(b)	the service of providing transport and transfer of a pilot to and from a vessel for which services under paragraph (a) are required; or
(c)	both of the services referred to in paragraphs (a) and (b);

"pilotage services provider" means a person registered by the Board under Part 3B to provide pilotage services;'.

5. New Part 3B inserted

After section 26I of the Principal Act insert—

Marine (Amendment) Act 1999

s. 5 Act No. 28/1999

"PART 3B—PILOTAGE SERVICES

Division 1—Registration of pilotage services

providers

26J. Notification of pilotage services provider

(1) A person who proposes to provide pilotage services must, not less than 30 days before commencing to provide those services, give

a notice to the Board of the intention to

provide those services.

(2) A notice under sub-section (1) must—

(a) be in writing; and

(b) be in a form approved by the Board; and

(c) be accompanied by a fee of $135.

(3) A person lawfully providing pilotage

services before the commencement of the Marine (Amendment) Act 1999 and who intends to continue to provide those services

after that commencement may give a notice commencement.

in accordance with sub-section (2) to the

26K. Registration as a pilotage service provider

The Board, on receiving a notice from a person under section 26J and the fee specified in that section, must register the person as a pilotage services provider.

26L. Duration of registration

The registration of a pilotage services provider—

(a) takes effect at the time of issue of a certificate under section 26N; and

Marine (Amendment) Act 1999

Act No. 28/1999 s. 5

(b) is valid for one year unless suspended or cancelled sooner.

26M. Application for renewal of registration

(1) A pilotage services provider may apply to the Board for renewal of registration as a pilotage services provider before the existing

registration of the provider expires.

(2) An application for renewal of registration

must—

(a) be in writing; and

(b) be in a form approved by the Board; and

(c) be accompanied by a fee of $90.

(3) The Board, on receiving from a person an

application under sub-section (2) and the fee specified in that sub-section, must renew the registration of the person as a pilotage

services provider.

26N. Certificates of registration

(1) The Board on—

(a) registering a person under this Part; or

(b) renewing the registration of a person under this Part—

must issue a certificate of registration to that
person.

(2) The following particulars must be included on a certificate of registration—

(a)

any alternative safety standards 26S; and

(b) any other information determined by the Board.

Marine (Amendment) Act 1999

s. 5 Act No. 28/1999

26O. The Register

(1) The Board must cause to be kept a register of all pilotage services providers.

(2) The register is to be called the Register of Pilotage Services Providers.

(3) The register must contain the following

information—

(a)	the name and address of the pilotage services provider; and
(b)	the name and identification number of any vessel to be used in connection with the provision of pilotage services; and
(c)

the date of commencement of provision and

(d)	the name and licence number of each pilot employed or engaged by the provider, or if the provider holds a pilot licence, the number of that licence; and
(e)	details of arrangements by the provider to transport pilots other than by vessel; and
(f)	any other information determined by the Board to be included in the register.

(4) The register may be inspected at the office of

the Board by any person during ordinary
office hours without charge.

(5) A person may obtain a copy of, or an extract

from, the register on payment of a fee of $20.

26P. Requirement to notify the Board of changes

to registration information
Marine (Amendment) Act 1999

Act No. 28/1999 s. 5

A pilotage services provider must notify the
Board within 14 days after any change to
information recorded in a certificate of
registration.

Penalty: 5 penalty units.

26Q. Records to be kept

A pilotage services provider must keep
records containing the following

information—

(a)	the name and licence number of each pilot employed or engaged by the provider, or if the provider holds a pilot licence, the number of that licence; and
(b)	the number of hours worked by each pilot in any period of 24 hours, indicating the starting and finishing times for work and rest; and
(c)	the annual recreation leave taken by each pilot.

Penalty: 20 penalty units.

26R. Offence to provide pilotage services without

registration

(1) A person must not provide pilotage services

unless that person is, or is employed or
engaged by, a registered pilotage services
provider under this Part.

Penalty:  In the case of a natural person:
20 penalty units.
In the case of a body corporate:
60 penalty units.

(2) A person referred to in section 26J(3) who—

(a) continues to provide pilotage services in the 30 day period after the

Marine (Amendment) Act 1999

s. 5	Act No. 28/1999
commencement of the Marine (Amendment) Act 1999; and

(b) has given a notice to the Board in accordance with section 26J(2) within that period—

is not guilty of an offence under this section
in respect of the provision of pilotage
services at any time before the issue of a
certificate of registration in response to that

notice.

Division 2—Safety standards for provision of

pilotage services

26S. Compliance with safety standards

(1) The safety standards for pilotage services providers are set out in Schedule 6.

(2) The Board, on the application of a person registered or seeking to be registered as a pilotage services provider, may approve

appropriate alternative safety standards for

the provider if the Board decides that—

(a)	the alternative safety standards substantially comply with the corresponding standards in Schedule 6; or
(b)	the alternative safety standards adequately achieve the purpose of the corresponding standards in Schedule 6; or
(c)	Schedule 6 would, in particular

compliance with the safety standards in unnecessary or inappropriate.

(3) Alternative safety standards may—

Marine (Amendment) Act 1999

Act No. 28/1999 s. 5

(a)	modify the application to a pilotage services provider of the standards in Schedule 6; or
(b)	exempt a provider from any one or more of the standards in Schedule 6; or
(c)	specify a standard in substitution for a standard in Schedule 6.

(4) If the Board approves alternative safety

standards, it may limit the port waters within
which the pilotage services provider to
whom the standards apply may operate.

(5) The following are conditions of the registration of the pilotage services provider—

(a) the standards set out in Schedule 6; and

(b)

any alternative safety standards section; and

(c) any limitation imposed by the Board under sub-section (4).

(6) Nothing in this section derogates from any requirement imposed on a pilotage services provider to comply with any obligations or duties imposed under this Act, the

regulations or any other standards in relation

to vessels, equipment or any other matter.

26T. Offence to fail to comply with safety

standards

Marine (Amendment) Act 1999

s. 6 Act No. 28/1999

A pilotage services provider must comply with the safety standards applicable to the provider.

Penalty: 60 penalty units.".

6. Functions of the Board

After section 65(g) of the Principal Act insert— "(ga) to register pilotage services providers; and (gb) to approve appropriate alternative safety

standards for the provision of pilotage

services by pilotage services providers;".

7. Powers of inspectors

(1) In section 82(2)(b) of the Principal Act, after

"issued" insert "or registration granted".

(2) In section 83 of the Principal Act, at the end of

paragraph (b) insert—

"; and

(c) request a person to give any information or require a person to produce any document in relation to a matter referred to in section 82(2).".

8. New section 83A inserted

After section 83 of the Principal Act insert—

"83A. Offence to fail to comply with request of

inspector

(1) A person must not—

(a)

without reasonable excuse, refuse or requirement made by an inspector in the course of conducting an investigation under section 82; or

(b) give information to an inspector under section 83 that the person knows to be

Marine (Amendment) Act 1999

Act No. 28/1999	s. 9
false or misleading in a material particular.

Penalty: 10 penalty units.

(2) It is a reasonable excuse for a natural person to refuse or fail to give information, produce a document or do any other thing that the

person is required to do by or under section
83 if the giving of the information, the
production of the document or the doing of
that other thing would tend to incriminate the

person.".

9. Investigations

(1) In section 84(1)(b) of the Principal Act, after

"harbour master" insert ", pilotage services

provider".

(2) After section 84(1) of the Principal Act insert—

"(1A) The Board, for the purposes of conducting an investigation, may require—

(a)	a vessel to remain in port waters for a period not exceeding 24 hours; and
(b)	a person to give written or oral information to the Board; and
(c)	a person to produce to the Board any documents relevant to the investigation.

(1B) If the Board commences an investigation under this section, the Board—

(a) issued or registration granted under this

may suspend a licence or certificate 72 hours; and

(b) must notify the person holding the licence or certificate or registered under this Act that the licence, certificate or

Marine (Amendment) Act 1999

s. 11	Act No. 28/1999
registration has been suspended for the period specified in the notice.".

(3) In section 84(2) of the Principal Act, for

"certificate or licence" substitute "certificate,

licence or registration".

10. Cancellation or suspension of certificates, etc.

In section 85 of the Principal Act—

(a)	in sub-section (2), after "issued" insert "or registration granted";
(b)	in sub-sections (3) and (3A) for "certificate or licence" substitute "certificate, licence or registration";

(c) in sub-section (4)—

(i)

for "certificate or licence" (where first licence or registration";

(ii)  for "certificate or licence was issued by the Board" substitute "certificate or licence was issued or registration was granted by the Board";

(iii)

after "certificate or licence" (where of registration";

(iv)

in paragraph (b)(ii), for "certificate or or registration".

11. Offence to obstruct

In section 92 of the Principal Act—

(a) after "authority" insert "or an inspector";

(b) after "officer" (where secondly occurring) insert "or inspector".

Marine (Amendment) Act 1999

Act No. 28/1999 s. 14

12. Penalties for certain offences increased

In the Principal Act—

(a)	in section 94, in the penalty set out at the foot of sub-sections (1), (2) and (3), for "10 penalty units" substitute "60 penalty units";
(b)	in section 95, for "20 penalty units" substitute "100 penalty units";
(c)	in the penalty set out at the foot of section 96(1), for "10 penalty units" substitute "100 penalty units".

13. Amendment of powers of the Board

(1) After clause 8 of Schedule 4 to the Principal Act

insert—

"8AA. To impose conditions on licences of pilots or pilot

exempt masters and to vary any conditions so
imposed.".

(2) After clause 8B of Schedule 4 to the Principal Act

insert—

"PILOTAGE SERVICES PROVIDERS

8C. To register or renew the registration of pilotage

services providers.

8D. To issue certificates of registration to pilotage

services providers.

8E. To cancel or suspend registration of pilotage services

providers.

8F. To inspect vessels and equipment of pilotage services

providers to ensure compliance with safety
standards.".

14. New Schedule 6 inserted

After Schedule 5 to the Principal Act insert—

'SCHEDULE 6

Marine (Amendment) Act 1999

Act No. 28/1999

SAFETY STANDARDS FOR PILOTAGE

SERVICES PROVIDERS

DEFINITIONS

In this Schedule—

"pilot vessel" means a vessel transporting or

transferring a pilot to and from a vessel for
which services provided by a pilot are required;

"transfer deck" means the area of the pilot vessel's deck used for embarkation and disembarkation of a pilot;

"navigation position" means the position on a pilot vessel from which the vessel is controlled and navigated.

VISIBILITY

1.  The transfer deck of the pilot vessel shall be clearly visible from the navigation position.

2.  The overboard recovery position on a pilot vessel's deck shall permit visibility of the sea 1 metre from the side of the pilot vessel on which the overboard recovery position is located.

3.  The navigation position shall permit clear observation of the embarkation and disembarkation of a pilot and the overboard recovery position of the pilot vessel.

WORKING DECKS

4.   The transfer deck of the pilot vessel shall be not less than 1 square metre and shall be clear of obstructions.

5. with inboard guardrails capable of withstanding a

The transfer deck of the pilot vessel shall be provided vertical direction) that will provide a secure holding point for the pilot and a crew member of the pilot vessel. The provision of such guardrails shall not impede or in any way interfere with the transfer of the pilot to and from the pilot ladder provided by the vessel to be piloted.

6.  A non-skid deck area not less than 30 centimetres in width and a rigid horizontal safety rail, with harness carriage, preformed to follow the shape of the pilot vessel's wheelhouse or cabin shall be provided

Marine (Amendment) Act 1999

Act No. 28/1999 s. 14

between the wheelhouse or cabin of the pilot vessel
and the transfer deck. The safety rail and harness
carriage shall be capable of withstanding a load of
12 kilonewtons in both a horizontal and vertical

direction.

EQUIPMENT

7.  In addition to equipment required by the regulations according to the vessel's class, the pilot vessel shall also be equipped with the following—

(a) a means of attaching to the vessel a safety harness that is capable of withstanding a load of 12 kilonewtons in both a horizontal and vertical direction;

(b) a VHF radio with marine bands;

(c) a loud hailer;

(d) a searchlight with a minimum of one-million candela and which is capable of illuminating the surface of the sea in all directions up to

100 metres from the pilot vessel;

(e)	a means of illuminating the surface of the sea within 5 metres of the pilot vessel of not less than 200 lux; and
(f)	a rescue crook or boat hook of sufficient length to pull an unconscious person in the sea to a position immediately below the vessel's overboard recovery position; and
(g)	a manual or mechanical means for lifting an unconscious person from the water and which is capable of lifting on board a person with a mass of 150 kilograms from a floating position below the vessel's overboard recovery position in not less than 5 minutes in calm conditions.

PERSON OVERBOARD RECOVERY

8.  The overboard recovery position of the pilot vessel's deck shall be not less than 2 square metres and shall be clear of obstructions.

9. vessel shall have a clear width of at least

The entrance to the wheelhouse or cabin of the pilot through on a stretcher.

Marine (Amendment) Act 1999

s. 14 Act No. 28/1999

PILOT VESSEL MARKING

10.

The word "PILOT" shall be clearly marked on both 30 centimetres high.

PERSONAL EQUIPMENT

11. flotation device that meets Australian Standard
AS 1512 (Personal Flotation Devices—Type 1) and a
safety harness that meets Australian Standard

A pilot on duty shall be provided with a personal Conventional Lines).

12.  A crew member working outside the wheelhouse or cabin of a pilot vessel shall be provided with a personal flotation device that meets Australian Standard AS 1512 and a safety harness that meets Australian Standard AS 2227.

PILOT TRANSFER BY MEANS OTHER THAN VESSEL

13.  All arrangements, equipment, instructions and training in respect of the transfer of pilots to and from a vessel by means other than a pilot vessel shall comply with the Australian Code of Safe Practice for Ship Helicopter Transfers, published from time to time by the Australian Maritime Safety Authority (AMSA).

FATIGUE MANAGEMENT

14.  A pilot fatigue management system incorporating the following requirements shall be in place—

(a) pilotage services provider must not work more
than 14 hours and must rest for no less than

in any 24 hour period, a pilot provided by a may be divided into not more than two periods, one of which shall be a continuous period of at least 6 hours; and

(b) in any 14 day period, a pilot provided by the provider must not work more than 144 hours and must rest for no less than 192 hours during

that period, which rest period must include a continuous period of at least 48 hours or two

Marine (Amendment) Act 1999

Act No. 28/1999	s. 14
continuous periods each of at least 24 hours; and

(c) in any 12 months period, a pilot provided by the provider must take not less than 4 weeks recreation leave, including one continuous

period of at least 2 weeks.'.

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Marine (Amendment) Act 1999

Notes Act No. 28/1999

NOTES

†

Minister's second reading speech—

Legislative Council: 21 April 1999

Legislative Assembly: 12 May 1999

The long title for the Bill for this Act was "to amend the Marine Act
1988 and for other purposes."