Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this section, existing fishing vessel means a fishing vessel which, at 1 January 1989, had been recognized by the Director as an existing fishing vessel for the purposes of this section.
(2) Unless expressly so provided, this Part does not apply to a vessel that is:
(a) an air-cushioned vehicle;
(b) a pleasure craft;
(c) a commercial vessel that is proceeding on an interstate or overseas voyage;
(d) a fishing vessel that is proceeding on an overseas voyage;
(da) a fishing vessel that is less than 6.2 metres in length that is operating in conjunction with a mother vessel and is within 5 nautical miles of the mother vessel;
(db) a fishing vessel that is less than 6.2 metres in length that is operating within 5 nautical miles of the coast;
(e) an existing fishing vessel that is less than 15 metres in length;
(f) a fishing vessel, other than an existing fishing vessel, that is less than 8 metres in length;
(fa) a commercial vessel not more than 5 m long which does not carry more than 4 persons and is operated:
(i) in inland waters; or
(ii) in waters of the sea declared pursuant to a law in force in the Territory to be smooth or partially smooth waters within the meaning of clause 5.2 of Section 1 of the Uniform Code;
(fb) a pontoon or a vessel hulk that, with the prior approval in writing of the Director, is permanently moored or anchored in an approved location and is not used nor available for use by the general public as a place for accommodation or entertainment;
(fc) a hire-and-drive vessel that is less than 7 metres in length;
(g) an off-shore industry mobile unit; or
(h) an off-shore industry vessel in respect of which a declaration under section 8A(5) of the Navigation Act is in force.
(3) This Part shall not be construed in such a manner as to prevent a person from making an application to the Director for the survey of an existing fishing vessel less than 15 metres in length or a fishing vessel less than 8 metres in length.
(4) A commercial vessel to which subsection (2)(fa) applies that is not surveyed pursuant to subsection (3) shall be subject to the same regulations relating to the carrying of safety equipment as if it were a pleasure craft.
(5) A fishing vessel to which subsection (2)(da) or (db) applies that is not surveyed pursuant to subsection (3) must carry safety equipment as determined by the Director.