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

Authorised by the Chief Parliamentary Counsel Authorised Version i Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 S.R. No. 102/2013 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 1 4 Amendment of objectives 2 5 Definitions 2 6 New regulation 8 substituted 5 8 Specified regulated hire and drive vessels 5 7 Exemptions from registration 5 8 Application for registration of a vessel 5 9 Prescribed conditions on registration of vessels 6 10 Prescribed information to be contained in register of registered vessels 6 11 Tests of health and competence 7 12 Revocation of Parts 4 and 5 7 13 Operation of recreational vessels and hire and drive vessels 7 14 Fuelling and restarting of recreational vessel or recreational hire and drive vessel 7 15 Overloaded recreational vessel or recreational hire and drive vessel not to be operated 7 16 Overloading of passengers on flying bridge 8 17 Use of hire and drive vessel 8 18 Fire fighting equipment required for recreational vessels 8 19 Application of Prevention of Collisions Convention 8 20 Offence for master of a domestic commercial vessel to contravene Prevention of Collisions Convention 8 21 Heading to Subdivision 3 of Division 5 of Part 6 substituted 9 22 Application of Prevention of Collisions Convention 9 23 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 9 25 Prescribed services 10 26 Revocation of Division 3 of Part 13 10 27 New Division heading substituted in Part 13 10 -- 1 of 16 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 28 Revocation of regulation 153 10 29 New regulation 154 substituted 10 154 Fee for issue or renewal of certificates 10 30 Revocation of regulation 155 10 31 New regulation 156 substituted 11 156 Fee for issue of duplicate certificate 11 32 New regulation 157 substituted 11 157 Examination fees for certificates 11 33 Revocation of certain Regulations 11 34 Expiry of certain provisions 11 35 Types of personal flotation devices 12 36 Additional equipment to be carried on recreational vessels on enclosed waters 12 37 Additional equipment to be carried on recreational vessels on inland waters 12 ═══════════════ ENDNOTES 14 -- 2 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 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 Ports YVETTE CARISBROOKE Clerk 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 2012 1 are called the Principal Regulations. -- 3 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 2 Authorised by the Chief Parliamentary Counsel 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;". r. 4 -- 4 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 3 Authorised by the Chief Parliamentary Counsel (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; r. 5 -- 5 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 4 Authorised by the Chief Parliamentary Counsel (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. r. 5 -- 6 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 5 Authorised by the Chief Parliamentary Counsel (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". r. 6 -- 7 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 6 Authorised by the Chief Parliamentary Counsel (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"; r. 9 -- 8 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 7 Authorised by the Chief Parliamentary Counsel (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". (3) In regulation 91(2) 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". r. 11 -- 9 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 8 Authorised by the Chief Parliamentary Counsel (2) In regulation 92(1) of the Principal Regulations, after "recreational vessel or a" insert "recreational". 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". r. 16 -- 10 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 9 Authorised by the Chief Parliamentary Counsel 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 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.". 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". r. 21 -- 11 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 10 Authorised by the Chief Parliamentary Counsel 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. 29 New 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.". 30 Revocation of regulation 155 Regulation 155 of the Principal Regulations is revoked. r. 25 -- 12 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 11 Authorised by the Chief Parliamentary Counsel 31 New 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.". 32 New 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.". 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". r. 31 -- 13 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 12 Authorised by the Chief Parliamentary Counsel 35 Types 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.'. 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"; r. 35 -- 14 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 13 Authorised by the Chief Parliamentary Counsel (d) for the heading of Column 4 substitute "Requirements for inland waters". ═══════════════ r. 37 -- 15 of 16 -- S.R. No. 102/2013 Marine Safety Amendment (Domestic Commercial Vessel National Law Application) Regulations 2013 14 Authorised by the Chief Parliamentary Counsel ENDNOTES 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 Endnotes -- 16 of 16 --