W.A. Marine (Certificates of Competency and Safety Manning) Amendment Regulations 2011 (WA)
11 February 2011 GOVERNMENT GAZETTE, WA 483 MA302*
Western Australian Marine Act 1982
W.A. Marine (Certificates of Competency and Safety Manning) Amendment Regulations 2011
Made by the Governor in Executive Council.
1. Citation
These regulations are the WA. Marine (Certificates of
Competency and Safety Manning) Amendment
Regulations 2011.2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
| 484 | GOVERNMENT GAZETTE, WA | 11 February 2() 11 |
3. Regulations amended
These regulations amend the WA. Marine (Certificates of
Competency and Safety Manning) Regulations 1983.4. Regulation 3 amended
(1) In regulation 3 delete the definition of endorsement. (2) In regulation 3 insert in alphabetical order: Annex C means Annex C to NSCV Part D;
endorsement means any annotation made by the chief
executive officer on a certificate of competency
indicating the chief executive officer's approval or
acceptance under regulation 9 of any extension of the
authority conferred by the certificate;
NSCVPart I) means the provisions of Part D of the
NSCV declared under the Navigation Act 1912
(Commonwealth) section 427(3)(a) as in existence by
order published in the Commonwealth ofAustralia
Gazette on 27 September 2006;
restriction means any annotation made by the chief
executive officer on a certificate of competency
indicating the chief executive officer's approval or
acceptance under regulation 9 of any limitation on the
authority conferred by the certificate;
5. Regulation 6 amended
Delete regulation 6(2) and (3).
6. Regulation 7 replaced
Delete regulation 7 and insert: 7. Functions of certificates of competency
(1) The chief executive officer must annotate a certificate
of competency to show the functions to which the
certificate relates, which are to be in accordance with
Schedule 2.(2) Without limiting subregulation (1), the chief executive
officer must annotate a certificate of competency to
which this subregulation applies to show whether the
certificate is valid for sea service on a trading vessel or
on a fishing vessel.(3) Subregulation (2) applies to the following certificates
of competency -(a) Master Class III;
11 February 2011 GOVERNMENT GAZETTE, WA 485
(b) Master Class IV; (c) Mate Class IV; (d) Master Class V. 7. Regulation 9 amended
(I) in regulation 9(1) after purposes may be" insert:
restricted or
(2) After regulation 9(1) insert:
(2A) Without limiting subregulation (1), the limitations that
may be approved under that subregulation include
limitations relating to -
(a)
the duties, operations, area, vessel or class of vessel for which a certificate of competency is valid; and
(b)
the period during which a certificate of competency is valid.
(3) In regulation 9(2) delete "an endorsement and insert:
a restriction or endorsement
Note: The heading to amended regulation 9 is to read:
Restriction or endorsement of certificate of competency
8. Regulation 10 amended
(1) Delete regulation 10(1) and insert: (1) This regulation does not apply to a certificate of
competency for sea service on a fishing vessel if the
certificate was valid immediately before the
commencement of the WA. Marine (Certificates of
Competency and Safety Manning) AmendmentRegulations 2011 regulation 8.
(IAA) If, because of a limitation referred to in
regulation 9(2A)(b), the period for which a certificate
of competency is valid is less than 5 years, a reference
in subregulation (1 a) to the period of 5 years is to beread as a reference to that lesser period.
(2) In regulation 10(la) delete "for sea service on a trading ship".
| 486 | GOVERNMENT GAZETTE, WA | 11 February 2() 11 |
(3) After regulation 10(lb) insert:
(2A) If a person
(a) is the holder of-
(i) a certificate of competency referred to in regulation 7(3) for sea service on a trading vessel; and
(ii) the same class of certificate of competency for sea service on a fishing vessel;
and
(b) applies for revalidation of both certificates at
the same time,
only one fee is payable under regulation 31 A for the
revalidation of both certificates.
(4) In regulation 10(2):
(a) in paragraph (a) delete "competency to satisfy him as to the certificate -" and insert: competency -
(b) in paragraph (a)(i) delete "Annex C to NSCV Part D; and" and insert: Annex C; and
(c) after paragraph (a)(ii)(A) insert: (BA) for a certificate of competency
for sea service on a fishing
vessel - by continuous
employment in each fishing season during the preceding 5 years; or
(d)
after each of paragraph (a)(ii)(A), (B) and (C) insert: or
(5) After regulation 10(3) insert: (4A) If, when considering the revalidation of a certificate of
competency, the chief executive officer -
(a) is not satisfied as to a person's professional
competency in relation to one or more of the matters referred to in subregulation (2)(a)(ii); and
11 February 2011 GOVERNMENT GAZETTE, WA 487 (b) is satisfied as to the person's professional
competency for the purposes of a certificate of
competency that is of a lower class or subject torestrictions,
the chief executive officer may revalidate the
certificate accordingly.
(6) In regulation 10(4)(a):
(a) in subparagraph (i) delete "Annex C to NSCV Part D; and" and insert: Annex C: and
(b) in subparagraph (ii) delete "clause C4 to NSCV Part D; and" and insert: clause C4: and
Note: The heading to amended regulation 10 is to read:
Revalidation of certificates of competency
9. Regulation 11 amended
(1) In regulation 11(1):
(a) after "competency, or for the" insert: restriction, (b) after "certificate or to" insert: restrict,
(2) In regulation 11(2) after "refuses to" insert: restrict, 10. Regulation iSA inserted
After regulation 14 insert:
iSA. Requirement to maintain medical fitness A person who holds a certificate of competency must maintain a level of medical fitness -
(a) that enables the person to perform safely the
functions to which the certificate relates; and
| 488 | GOVERNMENT GAZETTE, WA | 11 February 2() 11 |
(b) that complies with the requirements set Out in
Annex C clause C6.
11. Regulation 17 amended
(1) Delete regulation 17(1)(c) and insert:
(c) evidence of medical fitness in accordance with
regulation 18A; and
(2) Delete regulation 17(2), (3), (4), (5) and (6).
12. Regulation 18A inserted
After regulation 17 insert:
18A. Evidence of medical fitness (1) An applicant for examination for a certificate of
competency to which this subregulation applies must
provide -
(a)
a current certificate of medical fitness in accordance with the requirements set out in Annex C; and
(b)
if required to do so by the chief executive officer, further evidence as to medical fitness.
(2) Subregulation (1) applies to the following certificates
of competency -
(a) Master Class HI; (b) Master Class IV; (c) Mate Class IV;
(d) Marine Engineer Class III; (e) Marine Engine Driver Grade I. (3) An applicant for examination for a certificate of
competency to which this subregulation applies must
provide -
(a)
a declaration of medical fitness in accordance with the requirements set Out in Annex C; and
(b)
evidence of passing an eyesight test in accordance with the requirements set Out in Annex C clauses C4 and C5; and
(c)
if required to do so by the chief executive officer, further evidence as to medical fitness.
(4) Subregulation (3) applies to the following certificates
of competency -
(a) Master Class V;
11 February 2011 GOVERNMENT GAZETTE, WA 489 (b) Coxswain;
(c) Marine Engine Driver Grade II.
(5) For the purposes of subregulation (1)(b) or (3)(c), the
chief executive officer may require the applicant to be
examined by a medical practitioner specified by the
chief executive officer.13. Regulation 18 amended
In regulation 18(2) delete "by endorsement of" and insert:
with
14. Schedule 2 amended
(1) In Schedule 2 after the heading "MASTER CLASS N":
(a) in notes 1, 2 and 4 delete "endorsed" (each occurrence) and insert: restricted
(b) in notes 1. 2 and 4 delete "unendorsed" and insert: unrestricted
(2) In Schedule 2 after the heading "MATE CLASS IV":
(a) in notes 1, 2 and 4 delete "endorsed" (each occurrence) and insert: restricted
(b) in notes 1, 2 and 4 delete "unendorsed" and insert: unrestricted
(3) In Schedule 2 after the heading "MASTER CLASS V":
(a) in notes 1 and 2 delete "endorsed" (each occurrence) and
insert:
restricted
b) in notes I and 2 delete "unendorsed*' and insert:
unrestricted
| 490 | GOVERNMENT GAZETTE, WA | 11 February 2() 11 |
(4) In Schedule 2 after the heading "COXSWAIN":
(a) in paragraph (b) delete "endorsed" (each occurrence) and insert: restricted
(b) in paragraph (b) delete "unendorsed" and insert: unrestricted
15. Schedule 3 amended
In Schedule 3 item 4 after "deletion of" insert:
restriction or
16. Schedule 4 amended
(I) In Schedule 4 after the heading "MASTER CLASS III":
(a) in paragraph (b) delete "endorsement" (first occurrence)
and insert:annotation
(b) in paragraph (b) delete ""Fishing" endorsement" and insert: "Fishing" -
(c) in paragraph (b) delete "to the endorsement," and insert:
to the annotation,
(d) in paragraph (d)(ii)(a) delete "for use within State jurisdiction;" and insert:
by the chief executive officer;
(e) in paragraph (d)(ii)(b) delete "anticollision exercises" and
insert:anticollision exercises.
(1) in paragraph (d)(ii) delete "produce an acceptable
certificate indicating a specified minimum standard of
physical fitness.".
11 February 2011 GOVERNMENT GAZETTE, WA 491
(2) In Schedule 4 after the heading "MASTER CLASS N":
(a) in paragraph (b) delete "endorsement" (first occurrence) and insert: annotation
(b) in paragraph (b) delete " "Fishing" endorsements -" and insert: "Fishing" -
(c)
in paragraph (b) delete "to the endorsement," and insert: to the annotation,
(d)
in paragraph (d)(ii) delete "injured;" and insert: injured.
(e)
in paragraph (d)(ii) delete "produce an acceptable certificate indicating a specified minimum standard of physical fitness.".
(1) after the heading "Examination Subjects" in note 3
delete "endorsed" and insert:
restricted
(3) In Schedule 4 after the heading "MATE CLASS IV":
(a)
in paragraph (b) delete "endorsement" (first occurrence) and insert:
annotation
(b) in paragraph (b) delete ""Fishing" endorsements -" and insert: "Fishing" -
(c)
in paragraph (b) delete "to the endorsement," and insert: to the annotation,
(d)
in paragraph (d)(ii) delete "injured;" and insert: injured.
| 492 | GOVERNMENT GAZETTE, WA | 11 February 2() 11 |
(e) in paragraph (d)(ii) delete "produce an acceptable certificate indicating a specified minimum standard of physical fitness." (f) after the heading "Examination Subjects" in the notes delete "endorsed" and insert: restricted
(4) In Schedule 4 after the heading "MASTER CLASS V":
(a) in paragraph (b) delete "endorsement" (each occurrence) and insert: annotation
(b) in paragraph (b) delete " "Fishing" endorsements -" and insert: "Fishing" -
(c) in paragraph (d)(ii) delete "radiotelephony: and" and insert: radiotelephony.
(d)
in paragraph (d)(ii) delete "produce an acceptable certificate indicating a specified minimum standard of physical fitness.".
(5) In Schedule 4 after the heading "COXSWAIN - INSTRUCTOR
OF COMMERCIAL SKI BOAT":
(a) in paragraph (e)(iii) delete "craft; and" and insert:
craft. (b) delete paragraph (e)(iv);
(c) after each of paragraphs (a), (b) and (c) and (e)(i) and (ii) insert: and
(6) In Schedule 4 after the heading "MARINE ENGINEER
CLASS III":
(a) in paragraph (b) delete "sea;" and insert:
sea.
11 February 2011 GOVERNMENT GAZETTE, WA 493 (b) in paragraph (b) delete "produce evidence of a satisfactory
minimum standard of medical fitness.".
By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
0
0
0