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Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013

S.R. No. 102/2013

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Principal Regulations 14 Amendment of objectives 25 Definitions 26 New regulation 8 substituted 5

8 Specified regulated hire and drive vessels 57 Exemptions from registration 58 Application for registration of a vessel 59 Prescribed conditions on registration of vessels 610 Prescribed information to be contained in register of registered

vessels 611 Tests of health and competence 712 Revocation of Parts 4 and 5 713 Operation of recreational vessels and hire and drive vessels 714 Fuelling and restarting of recreational vessel or recreational

hire and drive vessel 715 Overloaded recreational vessel or recreational hire and drive

vessel not to be operated 716 Overloading of passengers on flying bridge 817 Use of hire and drive vessel 818 Fire fighting equipment required for recreational vessels 819 Application of Prevention of Collisions Convention 820 Offence for master of a domestic commercial vessel to

contravene Prevention of Collisions Convention 821 Heading to Subdivision 3 of Division 5 of Part 6 substituted 922 Application of Prevention of Collisions Convention 923 Regulation 109 substituted 9

109 Offence for master of a recreational vessel and regulated hire and drive vessel to contravene Prevention of Collisions Convention 9

24 Certain vessels to give way 925 Prescribed services 1026 Revocation of Division 3 of Part 13 1027 New Division heading substituted in Part 13 10

1

28 Revocation of regulation 153 1029 New regulation 154 substituted 10

154 Fee for issue or renewal of certificates 1030 Revocation of regulation 155 1031 New regulation 156 substituted 11

156 Fee for issue of duplicate certificate 1132 New regulation 157 substituted 11

157 Examination fees for certificates 1133 Revocation of certain Regulations 1134 Expiry of certain provisions 1135 Types of personal flotation devices 1236 Additional equipment to be carried on recreational vessels on

enclosed waters 1237 Additional equipment to be carried on recreational vessels on

inland waters 12═══════════════

ENDNOTES 14

STATUTORY RULES 2013

S.R. No. 102/2013

Marine Safety Act 2010


The Governor in Council makes the following Regulations:

Dated: 30 July 2013

Responsible Minister:

DAVID HODGETTMinister for Ports

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

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.

2 Authorising provision

These Regulations are made under Part 8.10 of the Marine Safety Act 2010.

3 Principal Regulations

In these regulations, the Marine Safety Regulations 20121 are called the Principal Regulations.

1

4 Amendment 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).

5 Definitions

(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;".

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(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;

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(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.

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(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".

6 New 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.".

7 Exemptions from registration

In regulation 10(c) of the Principal Regulations, for "commercially operated" substitute "domestic commercial".

8 Application for registration of a vessel

(1) In regulation 11(1) of the Principal Regulations, for "a vessel" substitute "a recreational vessel".

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(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".

9 Prescribed 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".

10 Prescribed 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";

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(b) for "vessel" substitute "recreational vessel";

(c) in paragraph (d), for "vessel's" substitute "recreational vessel's".

11 Tests 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".

12 Revocation of Parts 4 and 5

Parts 4 and 5 of the Principal Regulations are revoked.

13 Operation 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".

14 Fuelling 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".


15 Overloaded 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".

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16 Overloading of passengers on flying bridge

In regulation 93 of the Principal Regulations, after "recreational vessel or a" insert "recreational".

17 Use 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".

18 Fire fighting equipment required for recreational vessels

In regulation 97(1) of the Principal Regulations, after "recreational vessel" insert "(other than a personal watercraft)".

19 Application 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".

20 Offence 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".

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21 Heading 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".

22 Application 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".

23 Regulation 109 substituted


"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.".

24 Certain 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".

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25 Prescribed 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.".

26 Revocation of Division 3 of Part 13

Division 3 of Part 13 of the Principal Regulations is revoked.

27 New 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".

28 Revocation of regulation 153

Regulation 153 of the Principal Regulations is revoked.



"154 Fee for issue or renewal of certificates

A fee of 46 fee units must be paid to the Safety Director for the issue or renewal of a certificate of local knowledge.".

30 Revocation of regulation 155

Regulation 155 of the Principal Regulations is revoked.

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"156 Fee for issue of duplicate certificate

A fee of 46 fee units must be paid to the Safety Director for the issue of a duplicate of a certificate of local knowledge.".



"157 Examination fees for certificates

(1) A fee of 334 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 67 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.".

33 Revocation of certain Regulations

Regulations 171, 174, 176, 177, 178 and 179 of the Principal Regulations are revoked.

34 Expiry of certain provisions

In regulation 180 of the Principal Regulations, for "2013" substitute "2015".

35 Types of personal flotation devices

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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.'.

36 Additional 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".

37 Additional 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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═══════════════

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ENDNOTES

Endnotes S.R. No. 102/2013


14

1 Reg. 3: S.R. No. 45/2012.

——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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