Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016

- Made under the Fisheries Act 1994
- As at 26 August 2016
- Reg 154 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Vessels that are not ships—Act, s 10
   5.      References to latitude or longitude
   6.      References to length of ship

CHAPTER 2 - SAFETY EQUIPMENT FOR QUEENSLAND REGULATED SHIPS

   PART 1 - GENERAL

   7.      Purpose of chapter
   8.      Equipment to which s 44 of the Act applies

   PART 2 - EPIRB FOR PARTICULAR QUEENSLAND REGULATED SHIPS

   9.      Application of part
   10.     Ship to be equipped with EPIRB

   PART 3 - OTHER SAFETY EQUIPMENT FOR PARTICULAR QUEENSLAND REGULATED SHIPS

   11.     Application of part
   12.     Lighting devices for signalling for ship on water at night
   13.     Safety equipment for ship, other than a personal watercraft, operating in smooth waters
   14.     Safety equipment for ship, other than a personal watercraft, operating in partially smooth waters or beyond
   15.     Safety equipment for a personal watercraft
   16.     Stowage and accessibility of safety equipment

   PART 4 - OTHER SAFETY EQUIPMENT FOR PARTICULAR TENDERS

   17.     Application of part
   18.     Lighting device for signalling for tender on water at night
   19.     Safety equipment for tender operating in smooth waters
   20.     Safety equipment for tender operating in partially smooth waters and beyond

   PART 5 - PROVISIONS ABOUT LIFEJACKETS FOR QUEENSLAND REGULATED SHIPS

   21.     Application of part
   22.     What is the required lifejacket for a ship
   23.     Using custom-made lifejacket instead of required lifejacket
   24.     When ship is taken to be equipped with required lifejacket

   PART 6 - EXPIRY DATE AND SERVICE REQUIREMENT FOR SAFETY EQUIPMENT

   25.     Expiry date and service requirement for particular safety equipment

CHAPTER 3 - REGISTRATION OF QUEENSLAND REGULATED SHIPS AND RELATED MATTERS

   PART 1 - REGISTRATION OF QUEENSLAND REGULATED SHIPS

   26.     Application of registration requirements—Act, s 54
   27.     Requirement to register
   28.     General power to register
   29.     New registration of prescribed other Queensland regulated ship
   30.     Statutory conditions of registration of other Queensland regulated ship
   31.     Imposition of conditions on registration of prescribed other Queensland regulated ship
   32.     Ship may not be registered without builders plate
   33.     Use of registered other Queensland regulated ship for private recreation

   PART 2 - REGISTER OF REGISTERED QUEENSLAND REGULATED SHIPS

   34.     Keeping register
   35.     Inspection of register
   36.     Release of ship-related information for particular purposes

   PART 3 - DISPLAY OF REGISTRATION MATERIAL ON QUEENSLAND REGULATED SHIPS

   37.     Registration number
   38.     Registration label
   39.     Markings for particular tenders

   PART 4 - BUILDERS PLATES

           Division 1 - Preliminary

   40.     Main purpose of part
   41.     Application of part
   42.     Variation of ABP Standard

           Division 2 - Selling Queensland regulated ships without builders plate

   43.     Ship for sale must have builders plate
   44.     Defence relating to prescribed other Queensland regulated ships
   45.     Defence that plate already fixed
   46.     Defence if ship to be exported
   47.     Defence if ship for racing purposes

           Division 3 - Requirements about builders plates

   48.     Application of division
   49.     Who may approve information on builders plate
   50.     Offence about approval of information on builders plate
   51.     Offence about fixing builders plates to ships
   52.     Builders plate not to be changed

   PART 5 - RESTRICTED USE AUTHORITIES FOR QUEENSLAND REGULATED SHIPS

   53.     Granting a restricted use authority
   54.     Offences relating to restricted use authority

CHAPTER 4 - LICENCES TO OPERATE PARTICULAR QUEENSLAND REGULATED SHIPS

   PART 1 - LICENSING OF MASTERS AND CREW MEMBERS

           Division 1 - Application of licensing requirement

   55.     Ships to which pt 5, div 2 of the Act applies—Act, s 59A

           Division 2 - Licensing requirement

   56.     Purpose of division
   57.     Required licence if s 58 does not apply
   58.     Required licence for particular ships

           Division 3 - Licensing responsibilities of owners and masters

   59.     Ensuring master and crew members hold required licence
   60.     Operation of Queensland regulated ship by unlicensed person

           Division 4 - Grant of licences

   61.     Chief executive or general manager may grant licence
   62.     Qualifying for recreational marine driver licence
   63.     Qualifying for personal watercraft licence
   64.     Examination of applicant for licence

           Division 5 - Examining approvals and training program approvals

   65.     Grant of examining approval
   66.     Qualifying for examining approval
   67.     Grant of training program approval
   68.     Qualifying for training program approval

   PART 2 - LICENSING OF PILOTS

   69.     Ships to which pt 5, div 3 of the Act applies—Act, s 61A
   70.     Required licence to have the conduct of a ship as its pilot
   71.     General manager may grant pilot licence
   72.     Qualifying for pilot licence
   73.     Examination of applicant for pilot licence

   PART 3 - TEMPORARY PERMITS FOR PRESCRIBED OTHER QUEENSLAND REGULATED SHIPS

   74.     Application of part
   75.     General manager may grant temporary permit for master or crew member

CHAPTER 5 - SHIP OPERATIONS

   PART 1 - SIGNALS

   76.     Signals of distress—Act, s 206
   77.     Consent to use or display prescribed signal for training or demonstration
   78.     Prescribed signal and information—Act, s 129

   PART 2 - PREVENTION OF COLLISIONS

   79.     Application of collision regulations
   80.     Particular ships must use light while underway

   PART 3 - SPEED LIMITS AND OTHER RESTRICTIONS

   81.     Speed limit for ship, other than personal watercraft, operating in particular places
   82.     Speed limit for personal watercraft operating in particular places
   83.     Speed limit for ship if wash can cause marine incident or shoreline damage
   84.     Exception for ship operated at speed necessary for safety
   85.     Interfering with speed sign
   86.     Other restrictions for personal watercraft operating in particular places

   PART 4 - DANGEROUS CARGO

           Division 1 - General duties

   87.     Duties of person sending dangerous cargo by ship
   88.     Duties of owner or master about dangerous cargo

           Division 2 - Dangerous cargo codes

   89.     Application of dangerous cargo codes

           Division 3 - General reporting requirements for ship with dangerous cargo

   90.     Reporting requirement for ship other than ship operated on local marine service
   91.     Reporting requirement for ship operated on local marine service
   92.     Time for giving report

           Division 4 - Other reporting requirements

   93.     Reporting dangerous cargo event
   94.     General manager may require declaration about ship’s cargo

           Division 5 - Loading restriction

   95.     Restriction on loading combination carrier

   PART 5 - OTHER PROVISIONS

   96.     Operation of ship by enforcement officer
   97.     Application of pt 14, div 2 of the Act—Act, s 187
   98.     Start and end of particular business activities to be notified

CHAPTER 6 - AUTHORITIES, MARINE LICENCES AND MARINE LICENCE INDICATORS

   PART 1 - INTERPRETATION

   99.     Who is an administering agency
   100.    What is an authority

   PART 2 - AUTHORITIES

           Division 1 - How authority is obtained

   101.    Making application
   102.    Administering agency may request further information
   103.    Administering agency to decide application within 30 days
   104.    Temporary authority for registration of particular ships or pilot licence
   105.    Grant of authority on conditions
   106.    Term of authority
   107.    Issuing of document evidencing authority if application granted
   108.    Refusal of application

           Division 2 - Renewal of authority

   109.    Application for renewal
   110.    Div 1 applies to application for renewal

           Division 3 - Amendment of authority

   111.    Amendment at holder’s request
   112.    Amendment on administering agency’s initiative
   113.    When amendment takes effect
   114.    Document evidencing authority to be updated after amendment

           Division 4 - Suspension or cancellation of authority and action after marine incident

   115.    Grounds for suspension or cancellation
   116.    Procedure for suspension or cancellation
   117.    Action by general manager after marine incident
   118.    Extension or ending of suspension or amendment after marine incident
   119.    Effect of suspension on renewal of authority
   120.    Document evidencing authority to be returned after suspension or cancellation

           Division 5 - Other provisions about authorities

   121.    Holder to notify change of address
   122.    Keeping document evidencing authority
   123.    Defacing or changing document evidencing authority
   124.    Replacement of document evidencing authority
   125.    Surrender of authority

   PART 3 - MARINE LICENCES AND MARINE LICENCE INDICATORS

           Division 1 - How marine licence or marine licence indicator is obtained

   126.    Making application
   127.    Administering agency to decide application within 30 days
   128.    Grant of marine licence on conditions
   129.    Term of marine licence and smartcard marine licence indicator
   130.    Giving of marine licence indicator if application granted
   131.    Codes on marine licence indicators
   132.    Refusal of application for marine licence or marine licence indicator

           Division 2 - Renewal of smartcard marine licence indicator

   133.    Application for renewal
   134.    Application for renewal by electronic communication
   135.    Div 1 applies to application for renewal

           Division 3 - Amendment of marine licence

   136.    Amendment at holder’s request
   137.    Amendment on administering agency’s initiative
   138.    When amendment takes effect
   139.    Marine licence indicator to be updated or replaced after amendment or correction

           Division 4 - Suspension or cancellation of marine licence and action after marine incident

   140.    Grounds for suspension or cancellation
   141.    Procedure for suspension or cancellation
   142.    Action by general manager after marine incident
   143.    Extension or ending of suspension or amendment after marine incident
   144.    Smartcard marine licence indicator to be returned after cancellation of marine licence

           Division 5 - Other provisions

   145.    Holder to notify change of name or address
   146.    Replacement label
   147.    Keeping marine licence indicator
   148.    Damaging or changing marine licence indicator
   149.    Administering agency may direct destruction of superseded marine licence indicator
   150.    Replacement of marine licence indicator
   151.    Surrender of marine licence
   152.    Only 1 marine licence of the same type to be held at the same time
   153.    Notifiable events under other Acts
   154.    Possessing another person’s smartcard marine licence indicator
   155.    Document purporting to be smartcard marine licence indicator

   PART 4 - OTHER PROVISIONS

           Division 1 - Particular provisions about restricted licences and licence disqualifications

   156.    Application for variation of restrictions—Act, s 202K
   157.    Notice about application for removal of disqualification—Act, s 202L

           Division 2 - Transfer of Queensland regulated ship’s registration

   158.    Transfer of Queensland regulated ship’s registration
   159.    Particular provisions of part 2 apply to transfer of Queensland regulated ship’s registration

CHAPTER 7 - PILOTAGE AREAS, COMPULSORY PILOTAGE AREAS AND PILOTS

   PART 1 - PILOTAGE AREAS AND COMPULSORY PILOTAGE AREAS

   160.    Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a)
   161.    Responsible pilotage entities for compulsory pilotage areas—Act, s 71A
   162.    Harbour masters for pilotage area

   PART 2 - PILOTS

   163.    Application of pt 8 of the Act—Act, s 98
   164.    Transfer of pilot to ship
   165.    Master to give pilotage charge to pilot
   166.    Pilotage exemption certificate
   167.    Pilots and fatigue management

   PART 3 - REPORTING OBLIGATIONS

           Division 1 - General reporting obligations

   168.    Reporting movement of ship mentioned in s 163(1)
   169.    Reporting movement of ship 35m or more but less than 50m

           Division 2 - Reporting ship movements to vessel traffic services

   170.    Application of division
   171.    Entering pilotage area
   172.    Navigating ship from berth or anchorage
   173.    Reaching destination
   174.    Ship entering pilotage area using services of a pilot
   175.    Ship navigating in pilotage area using services of a pilot

           Division 3 - Other reporting obligation

   176.    Report requested by harbour master

CHAPTER 8 - MARINE ZONES

   177.    Marine zones
   178.    Operating ship in marine zone in contravention of requirement
   179.    Proposal for marine zone
   180.    Consultation for marine zone

CHAPTER 9 - OTHER MATTERS ABOUT MARINE SAFETY

   PART 1 - EXERCISE OF PARTICULAR POWERS BY HARBOUR MASTERS

   181.    Approval of harbour master to exercise powers under this chapter

   PART 2 - BUOY MOORINGS

           Division 1 - Establishing buoy mooring in Queensland waters other than Gold Coast waters

   182.    Buoy mooring category areas
   183.    Establishment of unauthorised buoy mooring

           Division 2 - Establishing buoy mooring in Gold Coast waters

   184.    Buoy mooring category areas
   185.    Establishment of unauthorised buoy mooring

           Division 3 - Approval of establishment of buoy mooring

   186.    Approval of establishment of buoy mooring
   187.    Limitations on buoy mooring approvals
   188.    Conditions of buoy mooring approvals

           Division 4 - Other obligations about established buoy moorings

   189.    Notice of establishment of buoy mooring
   190.    Buoy mooring to display identifying number
   191.    Unlawful use of buoy mooring
   192.    Removal of buoy mooring on expiry, cancellation or surrender of approval

   PART 3 - CARRYING OUT DIRECTIONS GIVEN UNDER THIS CHAPTER

   193.    Issuing entity may carry out direction
   194.    Recovery by State of expenses of carrying out direction

   PART 4 - RESTRICTIONS ON ANCHORING OR OPERATING SHIPS

   195.    Anchoring in particular places
   196.    Ship operations near particular structures
   197.    Ship operations or activities endangering marine safety

   PART 5 - OTHER SAFETY MATTERS

   198.    Aquatic events
   199.    Waterskiing

CHAPTER 10 - MISCELLANEOUS

   PART 1 - FEES AND CHARGES, OTHER THAN PILOTAGE FEES AND CONSERVANCY DUES

   200.    Fees and charges
   201.    Exemption or concession from registration fees
   202.    Refund of fees if application refused
   203.    Refund of fees if registration surrendered
   204.    Refund of criminal history fees for training program approval
   205.    Waiver of criminal history fee for training program approval

   PART 2 - PILOTAGE FEES AND CONSERVANCY DUES

           Division 1 - Pilotage fees

   206.    Pilotage fees
   207.    Exemption from pilotage fee for removal of a ship that is part of arrival or departure

           Division 2 - Conservancy dues

   208.    Conservancy dues
   209.    Exemption for conservancy dues for ships arriving at a pilotage area for particular purposes

           Division 3 - General

   210.    Liability for pilotage fees and conservancy dues

   PART 3 - OTHER PROVISIONS

   211.    Interfering with sign
   212.    Appointment of shipping inspectors
   213.    Where register of division 3 undertakings must be kept

CHAPTER 11 - REPEALS AND TRANSITIONAL PROVISIONS

   PART 1 - REPEALS

   214.    Repeals

   PART 2 - TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   215.    Definitions for part

           Division 2 - Provisions about authorities, marine licences and marine licence indicators

   216.    2004 authorities and marine licence indicators continued
   217.    Application relating to 2004 authority or marine licence indicator taken to be application under equivalent provision
   218.    Restricted use flag consent taken to be restricted use authority
   219.    Application for restricted use flag consent taken to be application for restricted use authority
   220.    Temporary pilot licence continues
   221.    Registration condition about maximum number of persons continues
   222.    Requirement to display registration certificate for particular ships continues
   223.    Particular requirements about changes relating to 2004 authority or marine licence indicator continue

           Division 3 - Provisions about safety equipment

   224.    Registered EPIRB under 2004 regulation taken to have up-to-date registration
   225.    Personal flotation devices under 2004 regulation taken to be lifejackets
   226.    Statements about positive flotation taken to be statements about level flotation
   227.    Safety equipment requirement about life rafts continues

           Division 4 - Other provisions

   228.    Requirement to keep particular documents about accreditation continues
   229.    Application of particular reporting requirements to matters arising before commencement
   230.    Gazette notices and written agreements about buoy moorings continue
   231.    Other gazette notices continue
   232.    Directions given under former ss 205, 208 or 215 continue
   233.    Entitlement to recover costs for action taken under former s 216 continues
   234.    Copy of former authorities may be given to person with interest in ship
   235.    References to 2004 regulation

CHAPTER 12 - AMENDMENT OF OTHER LEGISLATION

   PART 1 - AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2014

   236.    Regulation amended
   237.    Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

   PART 2 - AMENDMENT OF TRANSPORT OPERATIONS (MARINE SAFETY—RECREATIONAL SHIPS MISCELLANEOUS EQUIPMENT) STANDARD 2006

   238.    Standard amended
   239.    Amendment of s 1 (Short title)
   240.    Amendment of s 3 (Dictionary)
   241.    Amendment of s 5 (Application of pt 2)
   242.    Amendment of s 12 (Definitions for pt 3)
   243.    Amendment of s 13 (Definitions for div 2)
   244.    Amendment of s 14 (Application of div 2)
   245.    Amendment of s 15 (Safety equipment in smooth waters)
   246.    Amendment of s 16 (Safety equipment in or beyond partially smooth waters)
   247.    Amendment of s 17 (Exception for person wearing diver’s jacket)
   248.    Amendment of s 18 (Safety equipment for particular personal watercraft)
   249.    Amendment of s 21 (References to former standards)
   250.    Insertion of new pt 5
   251.    Amendment of various provisions
   252.    Amendment of sch (Dictionary)

   PART 3 - AMENDMENT OF OTHER LEGISLATION

   253.    Legislation amended
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10


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