Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"advisory committee" means an advisory committee established under Division 3 of Part II.
"air-cushioned vehicle" means a vehicle designed to be supported, when in motion, wholly or partly by the air expelled from the vehicle forming a cushion, the boundaries of which include the water or other surface below the vehicle.
"assessor" means a person appointed as an assessor under section 12.
"boarding ground", in relation to a pilotage area, means a place at which the master of a ship is required to present the ship for the purpose of embarking or disembarking a pilot.
"casualty", in relation to a vessel, means:
(a) the loss or the presumed loss, the stranding, the grounding or the abandonment of or damage to the vessel or a boat belonging to the vessel;
(b) damage caused to or by the vessel or to or by a boat belonging to the vessel; or
(c) the loss of life caused by:
(i) fire on board;
(ii) an accident to; or
(iii) an accident occurring on board,
the vessel or a boat belonging to the vessel.
"certificate" means a certificate of competency, a certificate of satisfactory service or a temporary permit issued under, or recognized for the purposes of, Part III.
"certificate of survey" means a certificate of survey issued under section 86 and includes:
(a) a certificate referred to in section 84; and
(b) in the case of a vessel which is being towed, a towage permit.
"certified person" means a person who holds a certificate issued or recognized and endorsed under this Act that is evidence that the person is qualified to be a seaman of a specified designation, class or grade.
"commercial vessel" means a vessel the use of which is made, allowed or authorized in the course of any business or in connection with any commercial transaction and, subject to any law in force in the Territory, includes a Government vessel, but does not include a vessel which is used solely for pleasure or recreation.
"compulsory pilotage area" means an area within which pilotage has been declared to be compulsory under section 162.
"crew", in relation to a vessel, means those persons employed on board and in the business of a vessel, other than:
(a) a person temporarily employed on board the vessel while the vessel is at a port;
(b) a pilot; or
(c) in the case of a fishing vessel, a person solely engaged in catching or processing fish.
"crew accommodation" means the accommodation provided on board a vessel for the crew and other special personnel employed in the vessel.
"dangerous goods" means goods listed as dangerous goods in the International Maritime Dangerous Goods Code, published by the International Maritime Organisation, as amended from time to time.
"Director" means the Chief Executive Officer, as defined in the Public Sector Employment and Management Act , of the Agency as defined in that Act primarily responsible under the Minister for the administration of this Act.
"employee" has the same meaning as in the Public Sector Employment and Management Act .
"fish" includes turtles, dugong, crustacea, molluscs and any other living resources of the sea or the seabed.
"fishing operations" means:
(a) taking, catching or capturing fish for trading or manufacturing purposes; or
(b) processing (including on land) or carrying fish that are taken, caught or captured.
"fishing support vessel" means a vessel that is used:
(a) to provide food, fuel and other supplies to persons who are engaged in fishing operations; or
(b) to transport crew and other persons who are engaged in fishing operations.
"fishing vessel" means a vessel that is used wholly or principally for fishing operations and includes:
(a) a fishing support vessel; and
(b) a vessel that is in the course of construction and is intended to be used wholly or principally for fishing operations.
"Government vessel" means a vessel that belongs to the Territory or an authority or instrumentality of the Territory or is held by a person on behalf of or for the benefit of the Territory.
"hire-and-drive vessel" means a vessel which is let for hire or reward or for any other consideration whatsoever, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants, and which the hirer uses solely for pleasure.
"interstate voyage" means a voyage (other than an overseas voyage) in the course of which the vessel concerned travels between:
(a) a port in a State and a port in another State;
(b) a port in the Territory, or another Territory of Australia, and a port in a State; or
(c) a port in the Territory and a port in another Territory of Australia,
whether or not the vessel travels between 2 or more ports in any one State or Territory in the course of the voyage.
"licensed pilot", in relation to a compulsory pilotage area, means a person holding a current pilotage licence.
"load line", in relation to a vessel, means a line marked on a vessel indicating the free board to which the vessel may safely be loaded.
"load line certificate" or load line exemption certificate means a load line certificate or load line exemption certificate issued under section 91.
"master", in relation to a vessel, means the person having lawful command or charge of the vessel, but does not include a pilot.
"mother vessel" has the same meaning as mother boat has in the Fisheries Regulations.
"Navigation Act" means the Navigation Act 1912 of the Commonwealth as amended from time to time.
"Northern Territory waters" means:
(a) the coastal waters of the Territory, within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 of the Commonwealth; and
(b) any other waters that are within the Territory (whether tidal or non-tidal, saltwater or fresh, permanent or temporary or natural or artificial).
"off-shore industry mobile unit" means:
(a) a vessel that is used or intended to be used wholly or primarily in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea; or
(iii) the subsoil of that seabed,
by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment;
(b) a structure (not being a vessel) that:
(i) is able to float or be floated;
(ii) is able to move or be moved as an entity from one place to another; and
(iii) is used or intended for use wholly or primarily in, or in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of:
(A) the continental shelf of Australia;
(B) the seabed of the Australian coastal sea; or
(C) the subsoil of that seabed,
by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with such equipment; or
(c) a barge or like vessel fitted
with living quarters for more than 12 persons and used or intended for use
wholly or primarily in connection with the construction, maintenance or repair
of
off-shore industry fixed structures.
"off-shore industry vessel" means:
(a) a vessel (not being an off-shore industry mobile unit) that is used or intended to be used wholly or primarily in, or in an operation or activity associated with or incidental to, exploring or exploiting the natural resources of:
(i) the continental shelf of Australia;
(ii) the seabed of the Australian coastal sea; or
(iii) the subsoil of that seabed; or
(b) any other vessel (not being an off-shore industry mobile unit, or a vessel, or a vessel included in a class of vessels, declared by the Minister, by instrument in writing, to be a vessel or a class of vessels, as the case requires, to which this paragraph does not apply) at any time when it is being so used.
"Official Log Book", in relation to a vessel, means the Official Log Book required by section 70(1)(a) to be kept in relation to that vessel.
"overseas voyage", in relation to a vessel, means a voyage in the course of which the vessel travels between:
(a) a port in the Territory and a port outside Australia;
(b) a port in the Territory and a place in the waters above the continental shelf of a country other than Australia;
(c) a port outside Australia and a place in the waters above the continental shelf of Australia adjacent to the Territory;
(d) a place in the waters above the continental shelf of Australia adjacent to the Territory and a place in the waters above the continental shelf of a country other than Australia;
(e) ports or places outside Australia; or
(f) places beyond the continental shelf of Australia.
"part of a vessel" includes the hull, machinery and equipment of a vessel.
"passenger" means a person carried on board a vessel with the knowledge or consent of the owner or the master of the vessel but does not include:
(a) a person engaged in any capacity on board the vessel in the business of the vessel; or
(b) a child under the age of 12 months.
"pilot", in relation to a ship, means a person not belonging to the ship who has lawful conduct of the ship.
"pilotage area" means an area declared to be a pilotage area under section 160.
"pilotage authority", in relation to a pilotage area, means the pilotage authority appointed under section 161 in respect of that area.
"pilotage exemption certificate" or "pilotage licence" means a pilotage exemption certificate or pilotage licence issued under section 171.
"pleasure craft" means a vessel that is:
(a) exclusively used for pleasure; and
(b) not used for hire or reward or any commercial purpose,
but does not include a vessel that is provided for the transport or entertainment of lodgers at an institution, hotel, private hotel, boarding-house, lodging-house, guest-house or other establishment.
"proper return port", in relation to a seaman on a voyage, means the port or place named as the proper return port in the seaman's agreement in relation to that seaman.
"seaman", in relation to a vessel, means a person who is a member of the crew.
"serious injury" means an injury as the result of which permanent incapacity to or the death of the person injured may occur.
"ship" includes every description of vessel used in navigation not propelled by oars.
"shipping inspector" means a shipping inspector appointed under section 8.
"shipping officer" means a shipping officer appointed under section 9.
"surveyor" means a person or classification society appointed as a surveyor under section 76.
"suspended person" means a person who, for the time being, is:
(a) a person who has been declared to be a suspended person under the Regulations;
(b) a person in respect of whom the Superintendent at a Mercantile Marine Office in Australia is required under section 45A(a) of the Navigation Act to refuse to approve of the engagement of that person; or
(c) a person who has been deemed or declared to be a suspended person by the statutory marine authority of a State under the law of that State.
"Tribunal" means the Marine Appeals Tribunal of the Northern Territory established by section 10.
"Uniform Code" means the code known as the Uniform Shipping Laws Code adopted for the time being by the conference of Commonwealth and State Ministers known as the Australian Transport Council and certified by a Minister for the Commonwealth in accordance with section 427 of the Navigation Act of the Commonwealth as amended from time to time.
"vessel" includes:
(a) an air-cushioned vehicle;
(b) an off-shore industry mobile unit; and
(c) a boat, vessel, barge or lighter or any other craft capable of being used as a means of transportation by water.
"Vessel Record Book", in relation to a vessel, means the Vessel Record Book required by section 70(1)(b) to be kept in relation to that Vessel.
(2) A reference in this Act to a class of vessels is a reference to a class of vessels so classified by the Regulations.
(3) For the purposes of this Act, a vessel which has been got under way for the purpose of:
(a) transporting by water goods or passengers for fee or reward or carrying out a commercial marine operation;
(b) going to sea or plying or running;
(c) proceeding on a voyage; or
(d) if the vessel is an off-shore industry vessel – undertaking off-shore operations,
is a vessel which has been taken or sent to sea or gone or proceeded to sea or is proceeding on a voyage.
(4) For the purposes of this Act, a vessel is proceeding on a voyage from the time it is got under way for the purpose of proceeding on the voyage until the time it is got under way for the purpose of proceeding on another voyage.
(5) For the purposes of this Act, the length of a vessel shall be measured as far as is practicable in accordance with the guidance for measuring contained in the Uniform Code.
(6) Unless the contrary intention appears, a reference in this Act to the owner of a vessel shall, in the case of a vessel that is operated or managed by a person other than the owner, be read as including a reference to the operator or manager of the vessel.
(7) For the purposes of this Act, the gross tonnage of a vessel is to be determined in accordance with the Tonnage Measurement Convention as defined in the Navigation Act .