MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 3 Definitions
MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 3
Definitions(1) In this Act—
"approved code of practice" means a code of practice approved under Part 8.2 and includes an approved code of practice revised in accordance with that Part;
"Australian Builders Plate Standard" means the "National Standard for the Australian Builders Plate for Recreational Boats" adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette;
"Australian fishing vessel" means any of the following vessels that is equipped for fishing or from which fishing takes place—
(a) an Australian boat within the meaning of the Fisheries Management Act 1991 of the Commonwealth;
(b) an Australian flagged boat within the meaning of the Fisheries Management Act 1991 of the Commonwealth;
"certificate of competency" means a certificate issued under section 78;
"channel" includes swinging basin, turning circle, an area alongside a berth or dock, fairway and anchorage;
channel operator has the same meaning as in the Port Management Act 1995 ;
close quarters situation has the meaning given by section 4 ;
"commercially operated vessel" means a commercial vessel or a hire and drive vessel;
"commercial vessel" means a fishing vessel or trading vessel;
"Commonwealth Navigation Act "means the Navigation Act 1912 of the Commonwealth;
"corresponding authority" means a person who, or body that, outside of Victoria has functions under a corresponding law that correspond with any of the functions of the Safety Director under Parts 3.1 and 3.3;
"corresponding law" means a law of the Commonwealth or of another State or of a Territory that corresponds to Parts 3.1 and 3.3;
"fairway "means that part of an area of navigable waters that is usually used by vessels for navigation through the area;
"fishing vessel" means a vessel used or intended to be used for catching fish or other living resources of the sea or seabed for profit or reward and includes any such vessel in the course of construction or a vessel that is declared under section 7 to be a fishing vessel but excludes any vessel—
(a) engaged in harvesting or transport of algae or aquatic plants; or
(b) that is primarily a carrier or a mother vessel;
"general marine licence" means a licence granted under section 53 ;
"government vessel" means—
(a) a vessel—
(i) that belongs to the Commonwealth or a State or a Territory; or
(ii) the beneficial interest in which is vested in the Commonwealth or a State or a Territory; or
(iii) that is
for the time being demised or sub-demised to, or in the exclusive possession
of, the Commonwealth or a State or a Territory; or
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(b) a vessel that is, or is of a class that is, declared under section 7 to be a government vessel or class of government vessel—
but does not include a vessel belonging to the naval, military or air forces of the Commonwealth;
"harbour master" means—
(a) a licensed harbour master; or
(b) any person authorised under section 229 to exercise any of the functions of the harbour master, if the person so authorised is acting in accordance with the authorisation;
"harbour master licence" means a licence granted under section 224 ;
"hire and drive vessel" means—
(a) a vessel (other than a recreational vessel) that is or is intended to be let for hire or reward or for any other consideration, and includes a vessel that is provided at a holiday establishment or hotel for the use of tenants or guests; or
(b) a vessel that is, or is of a class that is, declared under section 7 to be a hire and drive vessel or class of hire and drive vessel;
"licensed harbour master" means a person who is the holder of a harbour master licence;
"licensed pilot" means a pilot who is the holder of a pilot licence;
"local knowledge certificate" means a certificate issued under section 83;
"local port" has the same meaning as in the Port Management Act 1995 ;
"local port manager" means, in relation to a local port, the person or body appointed under section 44A of the Port Management Act 1995 as the port manager of that port;
"marine incident" means—
(a) a death of, or injury to, a person onboard a vessel caused by the operation or navigation of a vessel; or
(b) the loss or presumed loss of a vessel; or
(c) a collision of vessels; or
(d) a collision by a vessel with an object; or
(e) the grounding, sinking, flooding or capsizing of a vessel; or
(f) a fire onboard a vessel; or
(g) a loss of stability of a vessel that affects the safety of the vessel; or
(h) the structural failure of a vessel; or
(i) a close quarters situation; or
(j) an event that results in—
(i) the death of, or injury to, a person onboard a vessel; or
(ii) the loss of a person from a vessel; or
(iii) a vessel becoming disabled and requiring assistance; or
(iv) the fouling or damaging of any pipeline or submarine cable or to a lighthouse, lightship, beacon, buoy or marine mark to which section 268(1C)(c) of the Commonwealth Navigation Act applies;
"marine infringement" means—
(a) an offence against this Act or the regulations; or
(b) any offence against regulations made under the Port Management Act 1995 —
prescribed for the purposes of Part 4.4;
"marine licence" means—
(a) a general marine licence; or
(b) a restricted marine licence;
"marine operations "means marine safety infrastructure operations or vessel operations;
"marine safety equipment" means equipment designed or used to prevent or mitigate the consequences of a marine incident and includes—
(a) personal flotation devices carried on a vessel; and
(b) telecommunications systems carried or installed on a vessel; and
(c) flares and other devices carried on a vessel that can be used to attract attention to the vessel or indicate the vessel's position; and
(d) position identification systems carried or installed on a vessel; and
(e) anchors and other devices carried on a vessel that may be used to maintain the vessel's position or stability; and
(f) oars and other alternative means of propulsion carried on a vessel; and
(g) fire extinguishers carried or installed on a vessel; and
(h) lights carried or installed on a vessel; and
(i) thermal protective aids carried on a vessel;
marine safety equipment design and construction activities means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying marine safety equipment;
"marine safety infrastructure "means the channels and facilities that are necessary to ensure the safety of marine operations and includes—
(a) navigation aids and associated structures and works; and
(b) signage and associated structures and works; and
(c) lights and associated structures and works; and
(d) telecommunications systems and associated structures and works; and
(e) buildings used for the purpose of observing vessel operations; and
(f) traffic management systems (including vessel traffic systems and associated structures and works); and
(g) plant and machinery used for dredging; and
(h) slipways, wharves, jetties, piers and other berthing facilities; and
(i) boat ramps and other launching facilities;
"marine safety infrastructure operations" means—
(a) designing, commissioning, constructing dredging, manufacturing, erecting, installing, operating, maintaining, repairing, monitoring or managing marine safety infrastructure; or
(b) operating communications systems (including signals) and vessel traffic management systems for the purpose of directing the safe movement of vessels in port waters;
"marine safety matter "has the same meaning as in the Transport Integration Act 2010 ;
"marine safety work "means any activity that may affect the safety of marine safety infrastructure operations or vessel operations in respect of a commercial vessel, including—
(a) navigating, conducting or controlling the movement of a commercial vessel;
(b) facilitating the navigation, conduct or control of the movement of a commercial vessel;
(c) implementing and maintaining safe working systems for—
(i) marine safety infrastructure operations; or
(ii)
vessel operations in respect of a commercial vessel;
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(d) installing, designing, constructing, supplying, repairing, modifying, maintaining, monitoring, examining or testing marine safety infrastructure;
(e) any work involving certification as to the safety of marine safety infrastructure or any part of marine safety infrastructure;
(f) any work involving the development, management or monitoring of safe working systems for—
(i) marine safety infrastructure operations; or
(ii) vessel operations in respect of a commercial vessel;
(g) any work connected to the removal of hazards, obstructions or dangers to the safety of—
(i) marine safety infrastructure operations; or
(ii) vessel operations in respect of a commercial vessel;
(h) directing (including through the use of signals and signs and radio or other electronic communications) the movement of vessels in port waters;
(i) any other work that is prescribed as marine safety work;
"marine safety worker "means a person who has carried out, is carrying out or is about to carry out, marine safety work including a person who is—
(a) engaged by any other person to carry out marine safety work;
(b) a trainee;
(c) a volunteer;
"marine search and rescue vessel" means a vessel prescribed as a marine search and rescue vessel;
"master", in relation to a vessel, means a person having command or charge of the vessel;
"member of the police force" has the same meaning as member of the force has in the Police Regulation Act 1958 ;
"National Standard for Commercial Vessels "means the National Standards for Commercial Vessels adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette;
National Standard for the Administration of Marine Safety means the National Standards for the Administration of Marine Safety adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette;
"navigation aid" means a device used for navigation, and includes a beacon, buoy, marine mark, light house and light ship, but does not include a device on board a vessel;
officer of a body corporate, unincorporated body or association or partnership has the meaning given by section 9 of the Corporations Act;
"operate" means to facilitate or control the movement or navigation of a vessel (or a thing connected to a vessel) that is not—
(a) at anchor; or
(b) made fast to the shore; or
(c) aground; or
(d) ashore;
"owner", in relation to a vessel, includes a person having a beneficial interest in the vessel, a demise or sub-demise charterer of the vessel and any person having exclusive possession of the vessel;
"permission" means any of the following—
(a) a marine licence including any endorsement of a marine licence;
(b) a harbour master licence;
(c) a pilot licence;
(d) a pilot exemption;
(e) a safe construction certificate;
(f) a safe operation certificate;
(g) a certificate of competency including any endorsement of a certificate of competency;
(h) a local knowledge certificate;
(i) registration as a pilotage services provider under Chapter 7;
(j) registration of a vessel;
"personal watercraft" means any recreational vessel that is of a kind that is required by or under this Act to be registered and that—
(a) has an engine that is used for
propulsion; and
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(b) has a fully enclosed hull; and
(c) does not retain water on it if it capsizes; and
(d) is designed to be operated by a person standing, sitting astride or kneeling on the vessel but not seated within the vessel;
"pilot "means a person who does not belong to, but has the conduct of, a vessel;
"pilot exemption" means an exemption granted under section 254;
"pilot exempt master" means a master of a vessel who is the holder of a pilot exemption;
"pilot licence" means a licence granted under section 252;
"pilot required waters" means those parts of State waters to which a declaration under section 250 applies;
"pilotage services" means—
(a) the service of providing a pilot to navigate a vessel within, or into or out of, port waters; or
(b) the service of providing transport and transfer of a pilot to and from a vessel for which services under paragraph (a) are required; or
(c) both of the services referred to in paragraphs (a) and (b);
"pilotage services provider" means a person registered under section 241 to provide pilotage services;
"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 management body" means—
(a) in relation to the port of Melbourne or the port of Hastings, the Port of Melbourne Corporation;
(b) in relation to—
(i) the waters declared under section 5 of the Port Management Act 1995 to be the port of Geelong, the Victorian Regional Channels Authority, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
(ii) the waters declared under section 5 of the Port Management Act 1995 to be the port of Portland, the Victorian Regional Channels Authority, or, if there is an agreement with a channel operator in relation to those waters, that channel operator;
"port of Melbourne" has the same meaning as in the Port Management Act 1995 ;
"Port of Melbourne Corporation" has the same meaning as in the Transport Integration Act 2010 ;
"port of Melbourne waters" has the same meaning as in the Port Management Act 1995 ;
"port waters" has the same meaning as in the Port Management Act 1995 ;
"recreational vessel" means—
(a) a vessel used or intended to be used wholly for the purpose of recreation or sport and not for hire or reward; or
(b) a vessel that is, or is of a class that is, declared under section 7 to be a recreational vessel or class of recreational vessel;
"registered person", in relation to—
(a) a recreational vessel, means each of the following—
(i) the person in whose name the vessel is registered or the person recorded on a register of vessels maintained under a corresponding law as the person responsible for the vessel;
(ii) if the Safety Director, or a corresponding authority under a corresponding law, has received notice of transfer of registration of the vessel, the person whose name is disclosed in the records kept by the Safety Director or the corresponding authority (as the case requires) as being responsible for the vessel;
(iii) if the vessel displays a special identification plate issued by the Safety Director or by a corresponding authority under a corresponding law, the person to whom the plate is assigned;
(b) a commercial vessel, means each of the following—
(i) the person who, at the time at which an identification mark for the vessel was last assigned by the Safety Director or a corresponding authority, was the person responsible for the vessel to which that identification mark was assigned; or
(ii) the person whose name is disclosed in the records kept by the Safety Director or a corresponding authority as being entitled to use or process that identification mark that was last assigned to the vessel;
"registered recreational vessel" means a recreational vessel that is of a kind which is required by or under Part 3.1 to be registered;
"regulated hire and drive vessel" means—
(a) a hire and drive vessel that has an engine that is able to propel the vessel at a speed of 10 knots or more; or
(b) a vessel that falls within any other class of hire and drive vessel specified by the regulations for the purposes of this paragraph;
"relevant marine safety law" means—
(a) a provision of this Act or of any regulations made under this Act;
(b) a provision of the Port Management Act 1995 or any regulations made under that Act;
(c) section 37 of the Pollution of Waters by Oil and Noxious Substances Act 1986 or any regulations made under that Act for the purposes of that section;
(d) a provision of the Marine (Drug, Alcohol and Pollution Control) Act 1988 and any regulations made under that Act;
"reportable incident" means an event referred to in paragraph (b), (c), (d), (e), (f), (g), (h), (i) or (j)(ii), (j)(iii) or (j)(iv) of the definition of "marine incident";
"restricted marine licence "means a licence granted under section 54;
"safe construction certificate "means a certificate issued under section 65;
"safe operation certificate" means a certificate issued under section 70;
"Safety Director" means the Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010 ;
"State waters" means—
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State;
"supply" includes—
(a) in relation to goods—supply and resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent;
(b) in relation to services—provide, grant or confer, whether as principal or agent;
"trading vessel" means—
(a) a vessel used or intended to be used for or in connection with any business or commercial activity, and includes (but is not limited to) a vessel used or intended to be used wholly or principally for—
(i) carrying passengers or cargo for hire or reward; or
(ii) providing services to vessels and shipping, whether for reward or otherwise; or
(b) a vessel that is, or is of a class that is, declared under section 7 to be a trading vessel or class of trading vessel—
but does not include a government vessel or a fishing vessel;
"transport safety officer" has the same meaning as in the Transport (Compliance and Miscellaneous) Act 1983 ;
"Uniform Shipping Laws Code" means the Uniform Shipping Laws Code adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette;
"unmanaged waterways" means the parts of State waters—
(a) in respect of which there is no person or body declared to be the waterway manager under section 6; or
(b) that are not part of a local port; or
(c) that are not part of the waters of the port of Melbourne, port of Geelong, port of Hastings or port of Portland;
unsafe vessel has the meaning given by section 5;
"vessel" means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—
(a) a barge, lighter, floating restaurant or other floating vessel; and
(b) an air-cushion vehicle, or other similar craft, that is used in navigation by water; and
(c) any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne; and
(d) a life boat; and
(e) a thing being towed by a vessel; and
(f) an off-shore industry mobile unit within the meaning of the Commonwealth Navigation Act—
but does not include an off-shore industry mobile unit that is not self-propelled;
"vessel design and supply activities" means designing, commissioning, constructing, manufacturing, maintaining, repairing or modifying a vessel;
"vessel operations" means—
(b) actions of a pilot when the pilot has conduct of a vessel, including the navigation of the vessel;
"Victorian Regional Channels Authority" has the same meaning as in the Transport Integration Act 2010 ;
"volunteer" means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);
"waterway manager "means a person or body that has been declared under section 6 to be a waterway manager;
"waterway rules" means rules made under Part 5.1.
(2) A reference to an engine in this Act or the regulations does not include a reference to a sail, paddle, oar, pedal or any other means of propelling a vessel that relies solely on the wind or physical human activity as a power source.
(3) Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.