MARINE REGULATIONS 1999

Victorian Consolidated Regulations

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MARINE REGULATIONS 1999

S.R. No. 145/1999
Version incorporating amendments as at 1 February 2009

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

100. Objectives
101. Authorising provisions
102. Revocation
103. Definitions
104. Director may designate hazardous areas for purposes of Regulations

PART 2-VESSEL OPERATION, CONSTRUCTION AND EQUIPMENT

Division 1-Safe operation of vessels

200. Revoked
201. Power to prohibit operation of vessel
202. Written direction with reasons to be given
203. Review of direction
204. Revocation of direction
205. International regulations for preventing collisions at sea
206. Emergency procedures and safety of navigation-trading
and fishing vessels
207. Vessel not to operate unless provided with certain type of
EPIRB
208. Certificate of survey for vessel to be endorsed for Port Phillip Heads
209. Owner and master to comply with conditions for Port Phillip Heads
210. Certificate of survey for vessel to be endorsed for Lakes
Entrance Bar
211. Owner and master to comply with conditions for Lakes
Entrance Bar

Division 2-Survey, construction and equipment of commercial vessels

212. Survey of trading, fishing and hire and drive vessels
213. Certificate of survey to be subject to conditions for Port
Phillip Heads
214. Certificate of survey to be subject to conditions for Lakes Entrance Bar
215. Trading and fishing vessels-construction and equipment
216. Hire and drive vessels-construction and equipment
216A. Certificate of survey to be carried on board certain vessels

Division 3-Operation of hire and drive vessels

217. Maintenance and production of register of hire contracts
218. Sale or purchase of hire and drive vessel
219. Owner to report accident involving hire and drive vessel
220. Use of hire and drive vessel
221. Instructions to be given to hirers
222. Reckless operation of hire and drive vessel
223. Person under 10 to wear personal flotation device
224. Fuelling of hire and drive vessel
225. Naked flame on hire and drive vessel
226. Stowage of equipment on hire and drive vessel
227. Hire and drive vessel not to be overloaded

Division 4-Recreational vessels

228. Construction of recreational vessels
229. Operation of recreational vessels
230. Carriage of safety equipment on recreational vessels
230A. Portable fire extinguishers and fire fighting equipment on recreational vessels
230B. Maintenance and placement of safety equipment and fire extinguishers
231. Exemption from safety equipment requirements
232. PFD to be worn on certain recreational vessels at all times by person on open area
232A. PFD to be worn on certain recreational vessels during time
of heightened risk
232B. Children under 10 to wear PFD at all times
232C. Person being towed by recreational vessel to wear PFD
232D. Person not to operate recreational vessel until each person wears a PFD
233. Fuelling of recreational vessel
234. Naked flame on recreational vessel
235. Revoked
236. Overloaded recreational vessel not to be operated

PART 3-CREWING, CERTIFICATES AND LICENCES

Division 1-Crewing of vessels and certificates of competence

300. Crewing of trading vessels
301. Crewing of fishing vessels
302. Certificates of competency under the Uniform Shipping
Laws Code
303. Certificate of competency
304. Certificate of competency to be subject to endorsement for
Port Phillip Heads
305. Requirements to be met before a certificate of competency
may be endorsed for Port Phillip Heads
306. Period of endorsement remains in force for Port Phillip Heads
307. Certificate of competency to be subject to endorsement for
Lakes Entrance Bar
308. Special requirements for Lakes Entrance Bar
309. Period of endorsement remains in force for Lakes Entrance
Bar

Division 2-Pilots, pilot exemption and local knowledge

310. Offence to act as a pilot without a licence
311. Pilot exempt master
312. Pilot licence or pilot exemption
313. Qualifications for the issue of a pilot licence and pilot
exemption
314. Period a pilot licence or pilot exemption remains valid
315. Local knowledge certificate
316. Circumstances in which holder of local knowledge certificate
is not required to use pilot
317. Local knowledge certificate
318. Period a certificate of local knowledge remains valid

Division 3-Harbour masters

319. Harbour master licence
320. Period harbour master licence remains in force

Division 4-Carriage of certificate, licence or exemption

321. Carriage of certificate, licence or exemption

PART 4-REGISTRATION OF VESSELS

Division 1-Registration of vessels

400. Requirements for registration of vessels
401. Period of registration
402. Registration label and identification mark
403. Cancellation of registration
404. Suspension of registration
405. Transfer of registered vessel
406. General exemptions from registration

Division 2-Identification plates and marks

407. Special identification plates and marks
408. Conditions of use of special identification plates and marks

PART 5-ALCOHOL AND DRUG TESTING AND OTHER MATTERS

500. Prescribed breath test devices
501. Procedure for breath analysis
502. Breath analysis certificate
503. Method of obtaining blood sample
504. Procedure after taking blood sample
505. Certificate by medical practitioner taking blood sample
506. Analysts certificate
507. Notice of immediate operator licence suspension
508. Suspended operator licence document to be surrendered to Director

PART 6-PRESCRIBED MEASURING DEVICES

600. Prescribed measuring devices
601. Testing Officer
602. Testing of prescribed measuring devices
603. Sealing of prescribed measuring devices
604. Use of laser devices

PART 7-OPERATOR LICENCES AND PERSONAL WATERCRAFT ENDORSEMENTS

Division 1-General provisions relating to operator licences

700. Eligibility to apply for an operator licence
701. Requirements for applying for an operator licence
702. Licence holder may surrender operator licence
703. Refusal to issue operator licence
704. Operator licence period
705. Operator licence expiry date
706. Operator licence conditions
707. Notice of renewal of operator licence
708. Renewal of operator licence
709. Refusal to renew
710. Date of expiry of renewed operator licence
711. Re-issue of operator licence
712. Refusal to re-issue operator licence
713. Date of expiry of re-issued operator licence
714. Application for variation of operator licence
715. Refusal to vary operator licence
716. Conditions on restricted operator licence
717. Operator licence receipt
718. Form of operator licence document
719. Issue of replacement operator licence document
720. Records
721. Change of name, address or condition

Division 2-Variation, cancellation and suspension of operator licences

722. Variation, suspension or cancellation of operator licence
723. Procedures for variation, cancellation or suspension of
operator licence
724. Suspension of operator licence for purposes of section 119(2)
of the Act
725. Prescribed time for suspension of operator licence

Division 3-Exemptions from requirement to hold operator licence

726. Exemptions applying to licences issued outside Victoria
727. Exemption from licensing requirements
728. Exemption from licensing requirements for persons
undergoing training

Division 4-General provisions relating to personal watercraft endorsements

729. Requirements for applying for personal watercraft
endorsement
730. Refusal to make personal watercraft endorsement
731. Operator licence receipt with personal watercraft
endorsement

Division 5-Variation or revocation of personal watercraft endorsement

732. Operator licence holder may request revocation of personal watercraft endorsement
733. Application for variation of personal watercraft endorsement
734. Refusal to vary personal watercraft endorsement
735. Variation or revocation of personal watercraft endorsement
736. Procedures for variation or revocation of personal watercraft endorsement

Division 6-Tests in relation to regulated recreational vessels

737. Tests

Division 7-Internal review procedures for operator licences and personal watercraft endorsements

738. Application for internal review
739. Applicant entitled to be given reasons

PART 8-FEES

Division 1-Survey of vessels and examination of plans

800. Existing vessel
801. Application fee for new vessel survey and plan approval
802. Plan approval fees
803. Fees for new vessel survey by the Director
804. Fee for booking a survey for existing vessel
805. Fee for survey of existing vessels
806. Fee for additional visit for an existing vessel survey
807. Fee for considering application for alteration to classification
or specification of vessel
808. Inspection fee for alteration to classification or specification
of vessel
809. Fee for plan approval for alteration to classification or specification of vessel
810. Fee for issue of certificate of survey
811. Fee for issue of duplicate certificate of survey

Division 2-Certificates of competency and licences

812. Application fee for issue, variation or renewal of certificate of competency
813. Fee for issue or renewal of certificates
814. Fee for variation of certificates
815. Fee for issue of duplicate certificate
816. Examination fees for certificates
817. Fee for application for issue, variation or renewal of pilot
licence
818. Fee for issue or renewal of pilot licence
819. Fee for variation of pilot licence
820. Fee for duplicate of pilot licence
821. Examination fees for pilot licences
822. Fee for application for issue, variation or renewal of pilot exemption certificate
823. Fee for issue or renewal of pilot exemption certificate
824. Fee for variation of pilot exemption certificate
825. Fee for duplicate of pilot exemption certificate
826. Fee for conduct of examination by the Director for issue, variation or renewal of pilot exemption certificate

Division 3-Boating facilities and safety education fee

827. Fees for boating facilities and safety education
828. Fees for marks and plates for manufacturers and dealers
829. Transfer fee on second-hand recreational vessel

Division 4-Operator licences and personal watercraft
endorsements

830. Fee for operator licence and personal watercraft endorsement
831. Fee for replacement operator licence
832. Fee for search of records of operator licences
833. Refund of fee
834. Operator licence knowledge test fee

PART 9-MARINE INFRINGEMENTS

900. Prescribed offences
901, 902 Revoked
903. Payment of penalty
904, 905 Revoked
906. Proof of prior convictions or findings of guilt

PART 10-SAVINGS AND TRANSITIONALS

1000. Definitions
1001. Previously issued certificates
1002. Previously issued licences
1003. Previously issued pilot exemption
1004. Previous registration of a vessel
1005. Previous special identification plates and marks
1006. Infringement notices issued under 1988 regulations
1007. Interpretation of Legislation Act not limited
1008. Marine infringements committed before the
commencement of the Marine (Amendment)
Regulations 2001.

PART 11-EVIDENTIARY REQUIREMENTS

1100. Certificate as to matter extracted from the Director's
records
1101. Certificate as to name in which vessel is registered
1102. Certificate as to testing and sealing of prescribed speed measuring devices
__________________
SCHEDULE
SCHEDULE 1-Regulations Revoked
SCHEDULE 2-Types of Personal Flotation Devices

PART 1-DEFINITION

PART 2-PFD TYPE 1.

PART 3-PFD TYPE 2.

PART 4-PFD TYPE 3.
SCHEDULE 3-Construction of Recreational vessels
SCHEDULE 4-Safety Equipment on Recreational Vessels
SCHEDULE 5-PFDs to be Worn on Recreational Vessels
SCHEDULE 6-Qualifying Training for Port Phillip Heads
SCHEDULE 7-Qualifying Sea Service and Training for the
Lakes Entrance Bar
SCHEDULE 8-Certificate of Results of Breath Analysis
SCHEDULE 9-Certificate by Medical Practitioner Taking
Blood Sample
SCHEDULE 10-Analyst's Certificate
SCHEDULE 11-Certificate as to Matters which Appear in or can
be Calculated from the Records Kept by the
Director of Marine Safety
SCHEDULE 12-Certificate as to Registration of Vessel Issued
under Section 89(3) of the Marine Act
SCHEDULE 13-Marine Infringements

14, 15-Revoked

SCHEDULE 16-Particulars of Alleged Prior Convictions or
Findings of Guilt
SCHEDULE 17-Certificate under Section 89(6)
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ENDNOTES

1. General Information
2. Table of Amendments
3. Explanatory Details

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