MARINE SAFETY ACT 1998 - SECT 4 Definitions

MARINE SAFETY ACT 1998 - SECT 4

4 Definitions

(1) In this Act--


"authorised officer" means--

(a) a harbour master, or

(b) a police officer, or

(c) a person (or a person of a class) appointed as an authorised officer under section 96.

"commercial purpose" means a purpose for which a vessel is used that results in the vessel being a commercial vessel.


"commercial vessel" has the same meaning as
"domestic commercial vessel" in the National law.


"crew" of a vessel means the persons (including the master of the vessel) whose duty it is to navigate or work the vessel or to carry out other operations on the vessel.


"defence vessel" has the same meaning as in the National law.


"exercise" a function includes perform a duty.


"foreign vessel" has the same meaning as in the Navigation Act 2012 of the Commonwealth.


"function" includes a power, authority or duty.


"harbour master" means a person appointed as harbour master under Part 7 and, in relation to a function of a harbour master under the marine legislation, includes a person appointed under Part 7 to exercise that function.


"length" means length overall.


"marine legislation" means any of the following Acts (and the regulations and other instruments made under any of those Acts)--

this Act,

Ports and Maritime Administration Act 1995 ,

Marine Pollution Act 2012 .

"marine pilot" of a vessel means the person who has the conduct of the vessel but who does not belong to the vessel.


"marine safety licence" means a marine safety licence referred to in section 29.


"master" of a vessel means the person having the command or charge of the vessel, but does not include a marine pilot.


"National law" means--

(a) the Commonwealth domestic commercial vessel national law within the meaning of section 9B, and

(b) the applied provisions within the meaning of section 9B.

"National licence" means a certificate or unique identifier issued under the National law.


"navigable waters" means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise.


"navigation aid" means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel.


"operate" a vessel includes--

(a) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel (whether or not the vessel is underway), and

(b) to pilot the vessel, and

(c) in the case of the owner of the vessel, to cause or allow the vessel to be operated by someone else.

"overseas voyage" has the same meaning as in the Navigation Act 2012 of the Commonwealth.


"owner" of a vessel is defined in section 7.


"pilotage" and
"pilotage port" have the same meanings as in Part 6.


"port" includes any of the following waters (or any part of those waters)--

(a) any harbour or haven, whether natural or artificial,

(b) any estuary, channel, river, creek or roadstead,

(c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers.

"Port Authority of New South Wales" means the Newcastle Port Corporation established under the Ports and Maritime Administration Act 1995 .


"prescribed illicit drug" has the same meaning as in the Road Transport Act 2013 .


"recreational vessel" means a vessel other than a commercial vessel.


"regulated Australian vessel" has the same meaning as in the Navigation Act 2012 of the Commonwealth.


"responsible licensing official" , in relation to a marine safety licence, means--

(a) Transport for NSW, in the case of any of the following kinds of licences--

(i) a boat driving licence--being a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5,

(ii) a vessel registration certificate--being a marine safety licence for a vessel that is required by Division 2 of Part 5, and

(b) the Minister, in any other case.

"State registrable vessel" is defined in section 49.


"State waters" means any navigable waters within the limits of the State or the coastal waters of the State (within the meaning of Part 10 of the Interpretation Act 1987 ).

Note : Part 10 of the Interpretation Act 1987 defines
"coastal waters of the State" generally as that part of the territorial sea of Australia that is within 3 nautical miles of the coast. The Marine Pollution Act 2012 defines
"State waters" differently for the purposes of that Act. The definition in the Marine Pollution Act 2012 extends to waters within the limits of the State.

"Transport for NSW" or
"TfNSW" means Transport for NSW constituted under the Transport Administration Act 1988 .


"vessel" is defined in section 5.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act, a vessel is taken to be proceeding on a voyage from when it gets underway for the voyage until it gets underway for another voyage.

(3) Notes in the text of this Act do not form part of this Act.

Note : Penalties for offences are expressed in penalty units. Under the Interpretation Act 1987 , the amount of a penalty unit was $110 on the enactment of this Act.