Queensland Consolidated Regulations

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2004

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Role of this regulation compared to the standards
   4.      Definitions
   5.      References to latitude or longitude
   6.      References to length of ship
   7.      References to standards in sch 1

           Part 2--Safety equipment

           Division 1--Preliminary

   8.      Purpose of pt 2
   8A.     NSCV, pt B to be read and applied with NSCV C7A

           Division 2--EPIRB for particular ships

   9.      Application of div 2
   9A.     Ship to be equipped with EPIRB
   9B.     EPIRB to be registered with AMSA
   9C.     Notice of change in particulars of registered EPIRB

           Division 3--Other safety equipment for commercial ships

   10.     Application of div 3
   11.     Declaration applying Act, s 44 to equipment under this division
   12.     Fire appliances—commercial ships to comply with USL code with changes
   13.     Safety equipment—commercial ships to comply with NSCV C7A, ch 4 with changes
   14.     Lifesaving appliances for class 1F commercial ship
   15.     Safety equipment for class 2E commercial ship owned and operated by particular entity and operating in river etc.
   16.     Commercial ship used as training ship
   17.     Commercial ship that is a personal watercraft
   18.     Safety equipment not otherwise stated
   19.     Safety equipment for class 1F ship to comply with particular provisions of USL code
   19A.    Safety equipment for commercial ship, other than class 1F ship, to comply with particular provisions of NSCV

           Division 4--Other safety equipment for fishing ships

   20.     Application of div 4
   21.     Declaration applying Act, s 44 to equipment under this division
   22.     Fire appliances—fishing ships to comply with USL code with changes
   23.     Safety equipment—fishing ships to comply with NSCV C7A, ch 4 with changes
   25.     Safety equipment not otherwise stated
   26.     Safety equipment for fishing ship to comply with particular provisions of NSCV
           Division 4A Commercial and fishing ships--proposed equivalent solution under NSCV to required outcome about safety equipment
   26A.    Application of div 4A
   26B.    Proposed equivalent solution—change to what must be shown

           Division 5--Other safety equipment for recreational ships

   27.     Application of div 5
   28.     Declaration applying Act, s 44 to equipment under this division
   29.     Lighting devices for signalling for recreational ship on water at night
   30.     Safety equipment for recreational ship operating in smooth waters
   31.     Safety equipment for recreational ship operating in partially smooth waters and beyond
   32.     Exception for person on recreational ship wearing diver's jacket
   33.     Safety equipment for recreational ship that is a personal watercraft

           Division 6--Other safety equipment for tenders

   34.     Application of div 6
   35.     Declaration applying Act, s 44 to equipment under this division
   36.     Lighting device for signalling for tender on water at night
   37.     Safety equipment for tender operating in smooth waters
   38.     Safety equipment for tender operating in partially smooth waters and beyond
   39.     Exception for person on tender wearing diver's jacket

           Division 7--Life jackets and personal flotation devices

   40.     Life jackets and personal flotation devices

           Division 8--Expiry date for safety equipment

   41.     Expiry date for particular safety equipment

           Part 3--Accreditation, ship building and registration of ships

           Division 1--Accreditation of ship designers, ship builders and marine surveyors

   42.     Application of Act, pt 5, div 4
   43.     Declaration of alterations or replacements that may affect marine safety—Act, schedule, definition building
   44.     Accreditation as a ship designer, ship builder or marine surveyor
   45.     Categories of accreditation for ship designer
   46.     Categories of accreditation for ship builder
   47.     Categories of accreditation for marine surveyor
   48.     Hull and superstructure taken to be built of particular material
   49.     Authority given by accreditation
   50.     Accredited person to keep documents
   51.     Accredited person not to issue certificate of compliance unless insured
   52.     Accredited person to maintain policy
   53.     Accredited person who can not obtain insurance for s 51

           Division 2--Other provisions about ship design and survey

   54.     Application of Act, pt 5, div 5

           Division 3--Building of ships

   55.     Application of div 3
   56.     Certificate for design and other documents to be given to general manager before building starts
   57.     Responsibility for ensuring issue of certificate of compliance for survey
   58.     Effect on certificates if further building
   59.     Copy of certificate to general manager

           Division 4--Registration of ships

   60.     Application of Act, pt 5, div 2
   61.     Owner to register ship
   62.     Chief executive and general manager to register ships
   62A.    Ship may not be registered without builders plate
   63.     Classes of registration of commercial ships and fishing ships
   64.     Use of commercial or fishing ship for private recreational purposes
   65.     Requirements for first registration of commercial ship
   66.     Exception for particular ships
   67.     Exception for sail training ships
   68.     Requirements for first registration of fishing ship
   69.     Declaration about ship's seaworthiness in certificate of compliance

           Division 5--Certificates of survey

   70.     General manager may issue certificate of survey for ship

           Division 6--Ship register

   71.     Definitions for div 6
   72.     Register of registered recreational ships
   73.     Register of registered commercial and fishing ships

           Division 7--Display of registration and other documents and markings on ships

   74.     Registration number of commercial ship or recreational ship to be displayed
   75.     Registration certificate of commercial ship or fishing ship to be displayed
   76.     Registration label of recreational ship to be attached
   77.     Capacity label of registrable recreational ship to be attached
   78.     Ride smart sticker to be displayed on personal watercraft
   79.     Markings for particular tenders

           Division 7A--Builders plates
           Subdivision 1--Preliminary

   79A.    Main purpose of div 7A
   79B.    Definitions for div 7A
   79C.    Application of division
   79D.    Variation of ABP Standard
           Subdivision 2--Offence of selling ships to which division applies and defences
   79E.    Ship for sale required to have builders plate
   79F.    Defence relating to commercial ships or fishing ships
   79G.    Defence that plate already fixed
   79H.    Defence if ship to be exported
   79I.    Defence if ship for racing purposes
           Subdivision 3--Approval of information on builders plates, and other offences
   79J.    Persons who may approve information on builders plates
   79K.    Offence relating to fixing of builders plates on ships
   79L.    Offence relating to approval of information on builders plate
   79M.    Builders plate not to be changed unless authorised

           Division 8--Restricted use flag

   80.     Consent to use restricted use flag
   81.     Operation of ship under consent to use restricted use flag
   82.     Misuse of restricted use flag
   83.     Flag to be returned

           Part 4--Licences to operate ships

           Division 1--Application of Act for licensing of masters, crew members and pilots

   84.     Application of Act, pt 5, div 3

           Division 2--Masters, crew members and pilots to be licensed
           Subdivision 1--Definitions for division 2

   85.     Definitions for div 2
           Subdivision 2--Licensing responsibilities of owners and masters
   86.     Owner or master to ensure master and crew members appropriately licensed
   87.     Operation of ship by unlicensed person
           Subdivision 3--Licensing requirements for commercial ships
   88.     Required licences for commercial ships
   89.     Licensing exceptions for particular commercial ships
   90.     Hovercraft
   91.     Wing in ground effect craft
           Subdivision 4--Licensing requirements for fishing ships
   92.     Required licences for fishing ships
   93.     Licensing exceptions relating to operating fishing ship as master
   94.     Licensing exceptions relating to operating fishing ship as chief engineer
           Subdivision 5--Licensing requirements for recreational ships
   95.     Required licences for recreational ships
           Subdivision 6--Licensing requirements for pilots
   96.     Required licence to have the conduct of a ship as its pilot

           Division 3--Issue of and qualifications for licences

   97.     Chief executive or general manager may issue licences
   98.     Qualifications for licences for commercial ships and fishing ships
   99.     Qualifications for recreational marine driver licence
   99A.    Qualifications for personal watercraft licence
   100.    Chief executive or general manager may recognise other qualifications
   101.    Qualifications for licence as ship's pilot
   102.    Examinations of applicants for licences
   103.    Approval of entity to conduct examinations
   104.    Approval of entity to provide training programs for the operation of ships

           Division 4--Temporary permits

   105.    Application of div 4
   106.    General manager may issue temporary permit for master or crew member
   107.    Permit holder taken to be appropriately licensed if complying with conditions

           Part 5--Ship operations

           Division 1--Operational areas

   108.    Operational area of commercial ship or fishing ship

           Division 2--Number of persons ships may carry

   109.    Commercial ship

           Division 3--Safety training for crew

   110.    Crew to complete safety course

           Division 4--Compliance with particular USL code provisions

   111.    Ship to be operated under USL code, s 15

           Division 5--Load line certificates

   112.    Definitions for div 5
   113.    Application of div 5
   114.    General manager may issue load line certificate for ship
   115.    Ship not to be operated unless load line certificate issued
   116.    Load line certificate to be displayed on ship
   117.    Renewal of load line certificate
   118.    USL code, s 7 applies to assignment of freeboard
   119.    USL code, s 7 applies to loading of ship
   120.    Stability documents to be carried on ship

           Division 6--Signals

   121.    Signals of distress
   122.    Authority to use or display prescribed signal for training or demonstration
   123.    Prescribed signal and information—Act, s 129

           Division 7--Monitoring radio communications

   124.    Fishing ship to have speaker on afterdeck

           Division 8--Prevention of collisions

   125.    Application of collision regulations
   126.    Person operating ship to comply with collision regulations

           Division 9--Speed limits and other restrictions

   127.    Speed limit for ship, other than personal watercraft, operating in particular places
   127A.   Speed limit for personal watercraft operating in particular places
   127B.   Other restrictions for personal watercraft operating in particular places
   128.    Speed limit for ship if wash can cause marine incident or shoreline damage
   129.    No offence if ship operated at speed necessary for safety
   130.    Interfering with speed sign

           Division 10--Enforcement officers

   131.    Application of particular provisions to enforcement officers

           Division 11--Documents for ship

   132.    Purpose of div 11
   133.    Manuals and plans to be kept
   134.    Records to be kept
   135.    Currency and accuracy of documentation mentioned in ss 133 and 134

           Division 12--Orderly control for particular ships

   136.    Application of Act, pt 14, div 2

           Division 13--Dangerous cargo

   137.    Duties of person sending dangerous cargo by ship
   138.    Application of dangerous cargo codes
   139.    Duties of owner or master about dangerous cargo
   140.    Reporting requirements for ship with dangerous cargo
   141.    Reporting dangerous cargo event
   142.    General manager may require declaration about ship's cargo
   143.    Restriction on loading combination carrier
   144.    Exceptions to restrictions under s 143
   145.    Obligations under s 139 not limited

           Division 14--Other operational issues

   146.    Start of particular business activities to be notified

           Part 6--Authorities

           Division 1--Interpretation

   147.    Definition for pt 6
   148.    What is an authority

           Division 2--How authority is obtained

   149.    Making the application
   150.    Administering agency to decide application within 30 days
   151.    Issuing of authority if application granted
   152.    Term of authority
   153.    Temporary authorities
   154.    Refusal of application for authority
   155.    Grant of authority on conditions

           Division 3--Renewal of authority

   156.    Renewal of authority
   157.    Div 2 applies to application for renewal

           Division 4--Amendment of authority

   158.    Amendment of authority at holder's request
   159.    Div 2 applies to application for amendment
   160.    Amendment of authority on administering agency's initiative
   161.    When amendment of authority takes effect
   162.    Authority to be returned for alteration after amendment

           Division 5--Suspension and cancellation of authorities

   163.    Grounds for suspension or cancellation of authorities
   164.    Procedure for suspension or cancellation
   165.    Action by general manager after marine incident
   166.    Extension of term of suspension or amendment after marine incident
   167.    Effect of suspension on renewal of authority
   168.    Authority to be returned after suspension or cancellation

           Division 5A--Particular provisions about restricted licences and licence disqualifications

   168A.   Application for variation of restrictions—Act, s 202K
   168B.   Notice about application for removal of disqualification—Act, s 202L

           Division 6--Other provisions about authorities

   169.    Holder to notify change of address
   170.    Keeping of authority
   170A.   Defacing or changing authority
   171.    Replacement of authority
   171A.   Copy of authority may be given to person with interest in ship
   172.    Surrender of authority

           Division 7--Transfer of ship's registration

   173.    Transfer of ship's registration
   174.    Particular provisions about authorities apply to transfer of ship's registration

           Part 7--Pilotage areas, compulsory pilotage areas and pilots

           Division 1--Pilotage areas and compulsory pilotage areas

   175.    Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a)

           Division 2--Pilots

   176.    Application of Act, pt 8
   177.    Transfer of pilot to ship
   178.    Master to give pilotage charge to pilot
   179.    Pilotage exemption

           Division 3--Pilots and fatigue management

   180.    Fatigue management

           Division 4--Reporting movements of ships

   181.    Reporting movement of ship mentioned in s 176(1)
   181A.   Reporting movement of ship 35m or more but less than 50m

           Division 5--Reporting ship movements to VTS

   182.    Definitions for div 5
   183.    Application of div 5
   184.    Obligation under s 181 not limited
   185.    Entering pilotage area
   186.    Navigating ship from berth or anchorage
   187.    Reaching destination
   188.    Ship entering pilotage area using services of a pilot
   189.    Ship navigating in pilotage area using services of a pilot
   190.    Report requested by harbour master
   191.    Radio frequencies

           Part 8--Pilotage fees and conservancy dues

           Division 1--Pilotage fees

   192.    Application of div 1
   193.    Pilotage fees for pilotage service
   194.    No pilotage fee for removal of a ship that is part of arrival or departure
   195.    Fee if pilot can not leave ship
   195A.   Cancellation fee if pilotage amended or cancelled
   195B.   Delay fee if pilotage delayed

           Division 2--Conservancy dues

   196.    Conservancy dues for ships

           Division 3--General

   197.    Definition for div 3
   198.    Who is liable to pay fees
   199.    Time for paying fees
   200.    Interest on unpaid fees
   201.    Recovery of fees and interest

           Part 9--Other matters about marine safety

           Division 1--Approval of harbour masters for part 9

   202.    Definition for pt 9
   203.    Chief executive may approve harbour master and general manager may give directions
   204.    Limitation on exercise of power under this part

           Division 1A--Appointment of shipping inspectors

   204A.   Appointment of shipping inspectors

           Division 2--Marine incidents outside pilotage area

   205.    Harbour master's powers for marine incident outside pilotage area

           Division 3--Removal of obstruction to navigation outside pilotage area

   206.    Direction to person about obstruction

           Division 4--Buoy moorings

   207.    Buoy mooring category areas
   208.    Establishment of unauthorised buoy mooring
   209.    Approval of establishment of buoy mooring by general manager
   210.    Limitations on buoy mooring approvals
   211.    Conditions of buoy mooring approvals
   212.    Notice of establishment of buoy mooring
   213.    Buoy mooring to display identifying number
   214.    Unlawful use of buoy mooring
   215.    Removal of buoy mooring on expiry, cancellation or surrender of approval

           Division 5--Directions of harbour master or general manager

   216.    Harbour master or general manager may carry out direction
   217.    Recovery by State of expenses of carrying out direction

           Division 6--Aquatic events

   218.    Aquatic events

           Division 7--Ships not to be anchored or otherwise operated in particular places

   219.    Prohibition on anchoring in particular places
   220.    Prohibition on ship operations near particular structures
   221.    Unlawful operations if endangering marine safety

           Division 8--Other safety matters

   222.    Water skiing

           Part 9A--Marine zones

   222A.   Marine zones
   222B.   Proposal for marine zone
   222C.   Consultation for marine zone

           Part 10--Miscellaneous

           Division 1--Fees and charges

   223.    Fees and charges
   224.    Refund of fees if application is refused
   225.    Refund of fees if ship's registration is surrendered
   225A.   Waiver of additional application fee for application for training approval
   225B.   Refund of fees relating to additional application fee for application for training approval

           Division 2--Production of authorities or documents

   226.    Shipping inspector may allow authority or document to be produced elsewhere

           Division 3--Signs

   226A.   Interfering with sign

           Division 4--General

   226B.   Where register of division 3 undertakings must be kept

           Part 11--Transitional provisions

           Division 1--Matters relevant to former Act

   228.    Design and construction of ships under a standard practice instruction

           Division 2--Transition to particular provisions

   230.    Insurance by accredited persons
   231.    Capacity labels
   232.    Application of Act, pt 5, div 3
   233.    Crew to complete safety course

           Division 3--Transition from 1995 regulation generally

   234.    Continuation of authorities under 1995 regulation
   235.    Applications for authorities under 1995 regulation
   236.    References to 1995 regulation

           Division 4--Other transitional provisions

   236B.   Transitional provision for the Transport Operations (Marine Safety—Examining and Training Approvals (Recreational Ships and Personal Watercraft)) Standard 2005
   237.    Transitional provision for the Transport Operations (Marine Safety—Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006
   238.    Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 4) 2007
   239.    Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 3) 2008
   240.    Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 5) 2008
   241.    Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2009—lifesaving appliances
   242.    Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2009—safety equipment complying with USL code, s 10, pts 1, 2 and 4
           SCHEDULE 1 -- STANDARDS
           SCHEDULE 2 -- CLASSES OF SHIPS
           SCHEDULE 3 -- CLASSES OF LICENCES
           SCHEDULE 4 -- MATTERS ABOUT WHICH RECORDS TO BE KEPT
           SCHEDULE 5 -- PILOTAGE AREAS
           SCHEDULE 6 -- COMPULSORY PILOTAGE AREAS
           SCHEDULE 7 -- PILOTAGE AREAS FOR WHICH EXEMPTION CERTIFICATE MAY BE ISSUED
           SCHEDULE 8 -- PILOTAGE AREA, OR PARTS OF PILOTAGE AREA, FOR PARTICULAR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES
           SCHEDULE 9 -- PILOTAGE AREA, OR PARTS OF PILOTAGE AREA, FOR PARTICULAR SMALL SHIPS FOR VESSEL TRAFFIC SERVICES
           SCHEDULE 10 -- FEES, CHARGES AND RELATED MATTERS
           1. Accreditation of ship designer, ship builder and marine surveyor
           2. Registration of recreational ship
           3. Pensioner concession
           4. Registration of commercial ship other than a sail training ship
           5. Registration of commercial ship that is a sail training ship
           6. Exemption from payment of registration fees of particular commercial ship
           7. Registration of fishing ship
           8. Other registration fees
           9. Restricted use flag
           10. Design approval certificate
           11. Certificate of survey
           12. Licence to operate commercial ship or fishing ship
           13. Recreational marine driver licence
           14. Personal watercraft licence
           15. Pilot licence and pilotage exemption certificate
           16. Other licence fees or other authority fees
           17. Training approval
           18. Load line certificate
           19. Pilotage fees for arrival and departure of a ship
           20. Pilotage fees for removal of a ship
           21. Pilotage cancellation fees
           22. Pilotage delay fees
   23.     Conservancy dues
   24.     Gross tonnage for particular ships
   25.     Interest rate for unpaid fees
   26.     Buoy mooring
   27.     Concession for particular unrestricted use buoy mooring
   28.     Aquatic event
   29.     Administration fee on registration refund
   30.     Electronic search to verify person is holder of licence
           SCHEDULE 11 -- FISHING SHIP OPERATIONAL AREA

           SCHEDULE 12 -- PARTIALLY SMOOTH WATERS
           SCHEDULE 13 -- SMOOTH WATERS
           SCHEDULE 14 -- TORRES STRAIT ZONE
           SCHEDULE 14A -- MARINE ZONES
           1. Tallebudgera Creek
           2. Noosa River
           SCHEDULE 14B -- COASTAL BARS
           SCHEDULE 14C -- AREAS OF NOOSA RIVER WHERE WATER SKIING IS ALLOWED BETWEEN 8AM AND 5PM
           SCHEDULE 15 -- DICTIONARY
           Endnotes