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Transport Operations (Marine Safety) Regulation 1995

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995

Queensland Transport Operations (Marine Safety) Act 1994 TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 Reprinted as in force on 1 July 2004 (includes commenced amendments up to 2004 SL No. 61) Reprint No. 3M This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2004 SL No. 159 s 237

Information about this reprint This regulation is reprinted as at 1 July 2004. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Role of this regulation compared to the standards . . . . . . . . . . . . . . . . . . . . 15 4 Deﬁnitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4A References to latitude or longitude . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 2—SAFETY EQUIPMENT Division 1—Introduction 5 Purpose of part etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—EPIRB is safety equipment for all ships in Queensland waters 6 All ships in Queensland waters to be equipped with an EPIRB . . . . . . . . . . 18 Division 3—Other safety equipment for commercial ships 7 Commercial ships to comply with Code with changes . . . . . . . . . . . . . . . . . 19 8 Safety equipment to comply with other parts of Code and be current . . . . . 22 9 Declaration applying Act, s 44 to certain equipment . . . . . . . . . . . . . . . . . . 23 Division 4—Other safety equipment for ﬁshing ships 10 Fishing ships to comply with Code with changes . . . . . . . . . . . . . . . . . . . . . 23 11 Safety equipment to comply with other provisions of Code . . . . . . . . . . . . . 25 12 Declaration applying Act, s 44 to certain equipment . . . . . . . . . . . . . . . . . . 26 Division 5—Other safety equipment for recreational ships 13 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 14 Signalling devices for recreational ships on the water at night . . . . . . . . . . . 26 15 Safety equipment for recreational ship operating in smooth waters . . . . . . . 27

2 Transport Operations (Marine Safety) Regulation 1995 16 Safety equipment for recreational ship operating in partially smooth waters and beyond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Exceptions for anyone on recreational ship wearing a divers jacket. . . . . . . 18 Safety equipment for recreational ship that is a personal watercraft. . . . . . . 19 Safety equipment to be serviced etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Declaration applying Act, s 44 to certain equipment . . . . . . . . . . . . . . . . . . Division 6—Life jacket and PFD sizes 21 Life jacket and PFD sizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Producing safety equipment for inspection 21A Producing safety equipment for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—ACCREDITATION, SHIP BUILDING AND REGISTRATION OF SHIPS Division 1—Accreditation of ship designers, ship builders and marine surveyors 22 Application of Act, pt 5, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Declaration of alterations or replacements that may affect marine safety—Act, s 4, deﬁnition “building” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Accreditation as a ship designer, builder or marine surveyor . . . . . . . . . . . . 25 Categories of accreditation (ship designer) . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Categories of accreditation (ship builder) . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Categories of accreditation (marine surveyor) . . . . . . . . . . . . . . . . . . . . . . . 28 Hulls and superstructures taken to be of a certain material. . . . . . . . . . . . . . 29 Authority given by accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Accredited persons to keep documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Accredited person to take out product liability insurance . . . . . . . . . . . . . . . Division 1A—Other provisions about ship design and survey 31A Application of Act, pt 5, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Building of ships 32 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Certiﬁcate for design and other documents to general manager before building commences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Builder usually responsible for ensuring certiﬁcate of compliance for survey issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 28 28 29 29 29 30 31 32 32 33 33 34 34 34 36 36 37 37 37

3 Transport Operations (Marine Safety) Regulation 1995 35 Certiﬁcate cease to have effect if further building, or need for further building ............................................... 36 Copy of certiﬁcate to general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Registration of ships Subdivision 1—Application of Act, pt 5, div 2 to certain ships and requirement to register the ships 37 Application of Act, pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Ships that must be registered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Commercial or ﬁshing ship used for owner’s recreational use . . . . . . . . . . . Subdivision 2—Type and class of registration 40 Chief executive and general manager to register ships . . . . . . . . . . . . . . . . . 41 Class of registration (commercial ships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Class of registration (ﬁshing ships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3—First registration of commercial ship 43 Requirements for ﬁrst registration of commercial ship. . . . . . . . . . . . . . . . . 44 Exception for certain ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Exception for sailing school training ships . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4—First registration of ﬁshing ship 46 Requirements for ﬁrst registration etc. of ﬁshing ship . . . . . . . . . . . . . . . . . Subdivision 5—Declarations by accredited persons 47 Declaration about ship’s seaworthiness etc. in certiﬁcate of compliance . . . Division 4—Ship register 48 Register of registered recreational ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48A Register of registered commercial and ﬁshing ships. . . . . . . . . . . . . . . . . . . Division 5—Display of registration documents and markings on ships Subdivision 1—Registered ships 49 Registration number to be displayed on registered commercial or recreational ships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Displaying registered commercial or ﬁshing ship’s registration certiﬁcate . 51 Registration label for registered recreational ship. . . . . . . . . . . . . . . . . . . . . 51A Ride smart sticker to be displayed on personal watercraft . . . . . . . . . . . . . . 38 38 39 41 41 42 42 42 43 45 45 46 48 48 49 50 51 51 51

4 Transport Operations (Marine Safety) Regulation 1995 Subdivision 2—Tenders 52 Markings for tender to commercial, ﬁshing or recreational ship if tender not required to be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 6—Restricted use ﬂag 53 Authority to use restricted use ﬂag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 54 Operation of ship under authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 55 Flag to be returned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 7—Certiﬁcates of survey 56 General manager may issue certiﬁcate of survey for ship. . . . . . . . . . . . . . . 54 PART 4—LICENCES FOR OPERATING SHIPS Division 1—Application of Act for licensing of masters, crew members and pilots 57 Application of Act, pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 2—Masters, crew members and pilots to be licensed Subdivision 1—Commercial ships 58 Licence required to operate etc. commercial ship. . . . . . . . . . . . . . . . . . . . . 59 59 Licensing exceptions for commercial ships in certain places . . . . . . . . . . . . 60 Subdivision 2—Fishing ships 60 Licence required to operate etc. ﬁshing ship. . . . . . . . . . . . . . . . . . . . . . . . . 61 61 Licensing exceptions (ﬁshing ship’s master). . . . . . . . . . . . . . . . . . . . . . . . . 62 62 Licensing exceptions (ﬁshing ship’s chief engineer). . . . . . . . . . . . . . . . . . . 63 Subdivision 3—Recreational ships 63 Licence required to operate recreational ship as its master. . . . . . . . . . . . . . 64 Subdivision 4—Pilot’s licence 64 Licence required to have the conduct of a ship as its pilot . . . . . . . . . . . . . . 64 Division 3—Issue of and qualiﬁcations for licences 65 Chief executive and general manager may issue licences . . . . . . . . . . . . . . . 64 66 Qualiﬁcations for licences for commercial and ﬁshing ships . . . . . . . . . . . . 65 67 Qualiﬁcations for recreational ship master’s licence. . . . . . . . . . . . . . . . . . . 65 68 Chief executive or general manager may recognise other qualiﬁcations . . . 66 69 Qualiﬁcations for licence as ship’s pilot . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 71 Examinations of applicants for licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

5 Transport Operations (Marine Safety) Regulation 1995 72 Approval of entity to conduct examinations . . . . . . . . . . . . . . . . . . . . . . . . . 73 Approval of entity to provide training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Hovercraft 74 Hovercraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4A—Wing in ground effect craft 74A Wing in ground effect craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Temporary permits 75 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 General manager may issue temporary permit for master or crew member . 77 Permit holder taken to be appropriately licensed if complying with conditions ............................................ PART 5—OPERATING SHIPS Division 1—Regulations to which section 43(2)(b)(ii) of the Act applies 78 Declaration about provisions for general safety obligation. . . . . . . . . . . . . . Division 2—Operational areas and persons carried 79 Operational area of commercial or ﬁshing ships. . . . . . . . . . . . . . . . . . . . . . 80 Commercial ship not to carry excess persons . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Compliance with certain provisions of Code 81 Ship to be operated as required by Code, s 15 . . . . . . . . . . . . . . . . . . . . . . . Division 4—Load line certiﬁcates 82 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 General manager may issue load line certiﬁcate for ship . . . . . . . . . . . . . . . 85 Code, s 7 applies to assignment of freeboard etc. . . . . . . . . . . . . . . . . . . . . . 86 Ship not to be operated unless load line certiﬁcate issued . . . . . . . . . . . . . . 86A Displaying ship’s load line certiﬁcate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Code, s 7 applies to operation of ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Stability documents to be carried on ship . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Renewal of load line certiﬁcate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Signals 90 Signals of distress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Authority to use or display prescribed signal for training or demonstration. 67 67 68 68 69 69 70 70 71 72 72 72 72 73 73 74 74 74 75 75 75 76

6 Transport Operations (Marine Safety) Regulation 1995 92 Prescribed signal and information—Act, s 129. . . . . . . . . . . . . . . . . . . . . . . Division 5A—Reporting ship movements to VTS 92A Deﬁnitions for div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92B Application of div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92C Entering pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92D Navigating ship from berth or anchorage . . . . . . . . . . . . . . . . . . . . . . . . . . . 92E Reaching destination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92F Ships entering pilotage area using services of a pilot . . . . . . . . . . . . . . . . . . 92G Ships navigating in pilotage area using services of a pilot . . . . . . . . . . . . . . 92H Report requested by harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92I Obligation under s 153 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92J Radio frequencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Prevention of collisions 93 Application of Collision Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Person operating ship to comply with Collision Regulations . . . . . . . . . . . . Division 7—Speed limits and wash 95 Speed limit for ship operating near person in water etc. . . . . . . . . . . . . . . . . 96 Speed limit if ship causing damage by its wash . . . . . . . . . . . . . . . . . . . . . . 97 No offence if ship operated at speed necessary for safety. . . . . . . . . . . . . . . Division 8—Certain provisions not applicable to enforcement ofﬁcers 104 Certain operational and licensing provisions not to apply to enforcement ofﬁcers ...................................... Division 9—Operating documents and records for ship 106 Certain documents to be kept on certain ships etc. . . . . . . . . . . . . . . . . . . . . 107 Owner and master of ship to ensure records etc. are kept . . . . . . . . . . . . . . . 108 Shipping inspector may require production of licence . . . . . . . . . . . . . . . . . Division 10—Orderly control for certain ships 109 Application of Act, pt 14, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 11—Dangerous cargoes 110 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Duties of person sending dangerous cargo by ship . . . . . . . . . . . . . . . . . . . . 112 Application of dangerous cargo codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 76 76 77 78 79 79 79 80 80 80 80 81 81 82 82 82 83 83 84 85 85 88 88

7 Transport Operations (Marine Safety) Regulation 1995 113 Duties of owner and master of ship about dangerous cargo . . . . . . . . . . . . . 114 Reporting requirements for ships loading etc. dangerous cargo . . . . . . . . . . 115 Reporting dangerous cargo event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 General manager may require declaration about ship’s cargo. . . . . . . . . . . . 117 Restriction on loading combination carrier . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Exceptions to restrictions under s 117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Obligations under s 113 not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 12—Other operational issues 122A Start of certain business activities to be notiﬁed . . . . . . . . . . . . . . . . . . . . . . PART 6—AUTHORITIES Division 1—Deﬁnition 123 Deﬁnitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—How authority is obtained 124 Way application made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Administering agency to decide application within 28 days. . . . . . . . . . . . . 126 Issuing of authority if application granted . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Term of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Temporary accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Refusal of application for authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Grant of authority on conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Renewal of authority 131 Renewal of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Div 2 applies to application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Amendment of authority 133 Amendment of authority at holder’s request . . . . . . . . . . . . . . . . . . . . . . . . . 134 Div 2 applies to application for amendment . . . . . . . . . . . . . . . . . . . . . . . . . 135 Amendment of authority on administering agency’s initiative . . . . . . . . . . . 136 Procedure for amending authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Notice to return authority for alteration after amendment . . . . . . . . . . . . . . Division 5—Suspension and cancellation of authorities 138 Grounds for suspension or cancellation of authorities . . . . . . . . . . . . . . . . . 139 Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 89 91 91 92 92 93 93 94 95 95 96 96 96 97 97 98 98 99 99 99 100 100 101 101

8 Transport Operations (Marine Safety) Regulation 1995 140 Action by general manager following marine incident . . . . . . . . . . . . . . . . . 141 Extension of term of suspension or amendment under s 140 . . . . . . . . . . . . 142 Effect of suspension on renewal of authority . . . . . . . . . . . . . . . . . . . . . . . . 143 Authority to be returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Replacement and surrender of authorities 144 Replacement of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Surrender of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Transfer of ship’s registration 146 Transfer of ship’s registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Certain sections 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 148 Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a) Division 2—Pilots 149 Application of Act, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Master to ensure safety of pilot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Transfer of pilot to ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151A Master to give pilotage charge to pilot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Conditions for exemption from pilotage . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Reporting movements of ships 153 Owner or master to report shipping movements in pilotage area . . . . . . . . . PART 8—PILOTAGE FEES, CONSERVANCY DUES ETC. Division 1—Pilotage fees 154 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Pilotage fees for pilotage service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155A Pilotage fees if pilotage cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Pilotage fees if pilot cannot leave ship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Conservancy dues 157 Conservancy dues for ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—General 158 Deﬁnition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 103 104 104 105 105 105 106 107 107 108 109 109 109 111 111 112 112 112 112 113

9 Transport Operations (Marine Safety) Regulation 1995 159 Who is liable to pay fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Time for paying fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Interest on unpaid fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Recovery of fees and interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9—OTHER MATTERS ABOUT MARINE SAFETY Division 1—Approval of harbour masters for this part 163 Deﬁnition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Chief executive may approve harbour master and general manager may give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Limitation on exercise of power under this part . . . . . . . . . . . . . . . . . . . . . . Division 2—Marine incidents outside of pilotage area 166 Harbour master’s powers for marine incident outside of pilotage area. . . . . Division 3—Removal of obstruction to navigation outside of pilotage area 167 Direction to person about obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Harbour master’s directions 168 Harbour master may carry out direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Recovery by State of expenses of carrying out direction . . . . . . . . . . . . . . . Division 5—Buoy moorings 169A Buoy mooring category areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Issue of buoy mooring authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Limitations on issue of buoy mooring authorities. . . . . . . . . . . . . . . . . . . . . 172 Conditions of authority for buoy moorings . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Buoy mooring to display identifying number . . . . . . . . . . . . . . . . . . . . . . . . 174 Unlawful use of buoy mooring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Notice of establishment of buoy mooring . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Removal of buoy mooring on expiry, cancellation or surrender of authority 177 Unauthorised buoy mooring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Aquatic events 178 Aquatic events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Ships not to operate etc. in certain places 179 Anchoring prohibited near boat ramps etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 113 113 114 114 114 114 115 115 116 116 117 117 118 118 119 119 119 120 121 121 122 123

10 Transport Operations (Marine Safety) Regulation 1995 180 Ships operation prohibited near dam walls . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Ships and activities prohibited in certain waters . . . . . . . . . . . . . . . . . . . . . . Division 8—Miscellaneous safety requirements 182 Operation of ship by unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Water skiing or riding on toboggan or tube. . . . . . . . . . . . . . . . . . . . . . . . . . 184 Interfering with speed sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10—MISCELLANEOUS 185 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Appropriate fees and refund in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . 187 Refund of fees on surrender of ship’s registration. . . . . . . . . . . . . . . . . . . . . 187A Safety equipment for ships under a standard practice instruction. . . . . . . . . 187B Design and construction of ships under a standard practice instruction . . . . 188 Review of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Fatigue management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . DECLARATION ABOUT SHIP’S SEAWORTHINESS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . CLASSES OF LICENCES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . PROVISIONS OF REGULATION TO WHICH SECTION 43(2)(B)(II) OF THE ACT APPLIES SCHEDULE 3A . . . . . . . . . . . . . . . . . . . . . . . PILOTAGE AREAS FOR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES SCHEDULE 3B . . . . . . . . . . . . . . . . . . . . . . . PILOTAGE AREAS FOR SMALL SHIPS 10 M OR MORE FOR VESSEL TRAFFIC SERVICES SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . OPERATING RECORDS FOR A SHIP SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . PILOTAGE AREAS 1 Southport pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Brisbane pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 124 124 125 126 126 126 127 127 128 129 130 131 142 144 145 146 147 150 150 151

11 Transport Operations (Marine Safety) Regulation 1995 3 Noosa pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 4 Maryborough pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 5 Bundaberg pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 6 Gladstone pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 7 Rockhampton pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8 Hay Point pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 9 Mackay pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 10 Whitsundays pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 11 Bowen pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 12 Abbot Point pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 13 Townsville pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 14 Lucinda pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 15 Mourilyan pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 16 Cairns pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 17 Port Douglas pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 18 Daintree River pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 19 Cooktown pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 20 Cape Flattery pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 21 Thursday Island pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 22 Skardon River pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 23 Weipa pilotage area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 24 Karumba pilotage area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 SCHEDULE 6A . . . . . . . . . . . . . . . . . . . . . . . 165 PILOTAGE AREAS FOR LIMITED EXEMPTION SCHEDULE 6B . . . . . . . . . . . . . . . . . . . . . . . 166 COMPULSORY PILOTAGE AREAS SCHEDULE 7 . . . . . . . . . . . . . . . . . . . . . . . . 170 FEES 1 Accreditation of ship designers, ship builders and marine surveyors . . . . . . 170 2 Registration of recreational ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 3 Pensioner concessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 4 Registration of commercial ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

12 Transport Operations (Marine Safety) Regulation 1995 5 Registration of ﬁshing ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 6 Other fees relating to registration of ship . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 7 Restricted use ﬂags . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 8 Design approval certiﬁcates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 9 Certiﬁcates of survey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 10 Licence to operate commercial ship or ﬁshing ship . . . . . . . . . . . . . . . . . . . 175 11 Licence to operate recreational ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 12 Pilot’s licence or exemption from pilotage . . . . . . . . . . . . . . . . . . . . . . . . . . 176 13 Other fees relating to authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 14 Approval of entity to provide training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 15 Pilotage fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 16 Other pilotage fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 17 Conservancy fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 18 Gross tonnage for certain ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 19 Interest rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 20 Buoy mooring authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 21 Concession for particular unrestricted buoy mooring authorities . . . . . . . . . 184 22 Authority to conduct aquatic events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 23 Administration fee on registration refund . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 SCHEDULE 8 . . . . . . . . . . . . . . . . . . . . . . . . 185 PARTIALLY SMOOTH WATERS 1 Brisbane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 2 Maryborough . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 3 Gladstone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 4 Keppel Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 5 Llewellyn Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 6 Mackay/Hay Point. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 7 Sand Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 8 St Helens Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 9 Bowen, Whitsunday Passage and Edgecumbe Bay. . . . . . . . . . . . . . . . . . . . 188 10 Upstart Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 11 Townsville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

13 Transport Operations (Marine Safety) Regulation 1995 12 Palm Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 13 Rockingham Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 14 Cairns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 15 Port Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 16 Thursday Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 17 Weipa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 18 Karumba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . . 193 SMOOTH WATERS 1 Brisbane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 2 Maryborough . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 3 Gladstone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 4 Port Alma. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 5 Bowen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 6 Lucinda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 7 Mourilyan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 8 Cairns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 9 Port Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 10 Cooktown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 11 Thursday Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 12 Weipa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 13 Karumba . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . . 198 TORRES STRAIT ZONE SCHEDULE 10A . . . . . . . . . . . . . . . . . . . . . . . 199 FISHING SHIP OPERATIONAL AREA SCHEDULE 11 . . . . . . . . . . . . . . . . . . . . . . . 201 DICTIONARY

14 Transport Operations (Marine Safety) Regulation 1995 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 208 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

s 1 15 s 3 Transport Operations (Marine Safety) Regulation 1995 TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 [as amended by all amendments that commenced on or before 1 July 2004] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Regulation 1995 . 2 Commencement This regulation commences on 1 January 1996. 3 Role of this regulation compared to the standards (1) The role of this regulation is to prescribe various matters for the purposes of the Act. (2) Some of the sections of this regulation specify various matters with which certain people must comply. (3) Compliance with the sections is in addition to any requirement under the Act to comply with a section of the Act, including, for example, the sections about the general safety obligations. 1 (4) The role of the standards is to help people understand the general safety obligations. 2 1 See sections 40 (General safety obligation of ship designers and builders and marine surveyors about condition of ships) and 41 (General safety obligation of ship owners and masters about condition of ships) of the Act. 2 See section 31 (What is a standard) of the Act.

s 3 16 s 3 Transport Operations (Marine Safety) Regulation 1995 (5) Section 42 3 of the Act states the relationship between provisions in the regulation and standards and the general safety obligations about the condition of ships by providing as follows— ‘ 42.(1) In this section— “certiﬁcate of compliance” includes an equivalent certiﬁcate issued under a law of the Commonwealth or another State. “general safety provision” means either of the following sections— • section 40 (General safety obligation of ship designers and builders and marine surveyors about condition of ships) • section 41 (General safety obligation of ship owners and masters about condition of ships). “regulatory provision” means a provision of a regulation or standard about the condition, equipping or crewing of ships. ‘ (2) This section applies if— (a) it is claimed in a proceeding that a person contravened a safety provision because of the condition of a ship or its equipping or crewing (the “safety issue” ); and (b) a regulatory provision provided a way of dealing with the safety issue to achieve safety. ‘ (3) If it is proved that the safety issue was not dealt with in the way provided by the regulatory provision, the general safety provision is taken to have been contravened unless— (a) the court is satisﬁed that— (i) a certiﬁcate of survey or a certiﬁcate of compliance issued by someone other than the defendant was in force for the ship and the certiﬁcate covered the safety issue (in whole or in part); and (ii) it was reasonable for the defendant to rely on the certiﬁcate to satisfy compliance with the general safety provision; or 3 Section 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) of the Act. See also current reprint of Transport Operations (Marine Safety) Act 1994 for section 42 as currently in force.

s 4 17 s 5 Transport Operations (Marine Safety) Regulation 1995 (b) the court is satisﬁed that the general safety provision was complied with, despite noncompliance with the regulatory provision. ‘ (4) In deciding whether the general safety provision had been complied with despite noncompliance with the regulatory provision, the court must have regard to the objectives of this Act.’. 4 4 Deﬁnitions—the dictionary (1) The dictionary in schedule 11, defines particular words used in this regulation. (2) Definitions found elsewhere in the regulation are signposted in the dictionary. 4A References to latitude or longitude A reference in this regulation to latitude or longitude is a reference to latitude or longitude using the coordinate framework known as Geocentric Datum of Australia (GDA94). PART 2—SAFETY EQUIPMENT Division 1—Introduction 5 Purpose of part etc. (1) The purpose of this part is to— (a) require certain ships to be equipped with safety equipment; and (b) declare the equipment that is safety equipment for certain ships and to which section 44 5 of the Act applies. 4 Italic text indicates that the text is section 42(1) to (4) of the Act. 5 Section 44 (Safety equipment obligation) of the Act

s 6 18 s 6 Transport Operations (Marine Safety) Regulation 1995 (2) Subsection (1)(a) is achieved in part, by giving effect to sections 10 and 11 6 of the Code, with changes. (3) Standards specify equipment, other than safety equipment mentioned in this part, with which a ship may be equipped. Examples of standards — Transport Operations (Marine Safety—Commercial and Fishing Ships Miscellaneous Equipment) Interim Standard 1996 Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Interim Standard 1996. Division 2—EPIRB is safety equipment for all ships in Queensland waters 6 All ships in Queensland waters to be equipped with an EPIRB (1) A ship in Queensland waters must be equipped with an EPIRB complying with MS 241 or MS 309. (2) Subsection (1) does not apply to a ship within— (a) smooth waters; or (b) partially smooth waters; or (c) 2 n miles of land. 7 (3) An EPIRB complying with MS 241 or MS 309 is safety equipment to which section 44 8 of the Act applies. (4 ) If the EPIRB has an expiry date by which it should be serviced or replaced, it must be serviced or replaced before the expiry date. (5) If the EPIRB is not serviced or replaced as required by subsection (4), the ship is taken not to be equipped with an EPIRB. 6 Sections 10 (Lifesaving appliances) and 11 (Fire appliances) of the Code 7 ‘n mile’ is the symbol for ‘international nautical mile’. 8 Section 44 (Safety equipment obligation) of the Act

s 7 19 s 7 Transport Operations (Marine Safety) Regulation 1995 Division 3—Other safety equipment for commercial ships 7 Commercial ships to comply with Code with changes (1) This section applies to— (a) a ship registered under this regulation as— (i) a commercial ship, class 1 passenger vessel—class 1B to 1F; 9 or (ii) a commercial ship, class 2 non-passenger vessel—class 2B to 2E; and (b) a ship that is registrable under this regulation as a commercial ship in a class mentioned in paragraph (a), but is not registered; and (c) a commercial ship mentioned in section 37(2), other than in paragraph (aa). (2) If the ship is a ship mentioned in section 11 10 of the Code, it must be equipped with the fire appliances required for the class of ship under section 11 of the Code. (2A) For subsection (2), a reference in section 11 of the Code to a portable fire extinguisher is taken to be a reference to a fire extinguisher that— (a) complies with AS/NZS 1850—1997; and (b) has been serviced annually and otherwise maintained in accordance with AS 1851.1—1995; and (c) if the ﬁre extinguisher is a dry powder ﬁre extinguisher— (i) is ﬁtted with a discharge hose in accordance with AS 2444—1995; and (ii) has a rating under AS/NZS 1850—1997 of at least 2A30B(E); and 9 Section 1, part 3, clause 6 of the Code describes the classiﬁcations of commercial and ﬁshing ships for this regulation. 10 Section 11 (Fire appliances) of the Code

s 7 20 s 7 Transport Operations (Marine Safety) Regulation 1995 (d) if the ﬁre extinguisher is a foam ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 3A20B; and (e) if the ﬁre extinguisher is a CO2 ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 5B(E). (3) If the ship is a ship mentioned in section 10, part 3 11 of the Code, it must be equipped with the lifesaving appliances required for the class of ship under section 10, part 3 of the Code. (4) Subsection (3) has effect with the following changes— (a) for a class 1D or 2D ship operating only in daylight hours—if the ship is not equipped with 3 distress rockets as required by section 10, part 3 of the Code, the ship is required to be equipped with 3 orange smoke signals; (b) for a class 1E, 1F or 2E ship—if the ship is not equipped with the distress signals required by section 10, part 3 of the Code, the ship is required to be equipped with a V sheet, 2 hand held red ﬂares and 2 orange smoke ﬂares; (c) for a ship less than 7 m—the ship may be operated without lifebuoys; (e) for a ship that is involved in diving operations—the ship may be operated without the lifejackets stated in section 10, part 3 of the Code for anyone wearing an inﬂatable divers jacket with a wet suit; (f) for a ship that is more than 1 class—the ship need only be equipped with the lifesaving equipment required for the class in which it is then operating. Example for paragraph (f) — A ship is a class 1C, 1D and 1E ship. When it is operating as a class 1D ship, it is only necessary for the ship to be equipped with the lifesaving equipment for a class 1D ship. (4A) Subject to section 4(b) and (c), if the ship is a class 1F ship— (a) when operating within partially smooth waters—the ship must be equipped as if it were a class 2D ship; or 11 Section 10 (Lifesaving appliances), part 3 (Scales of lifesaving appliances) of the Code

s 7 21 s 7 Transport Operations (Marine Safety) Regulation 1995 (b) when operating within smooth waters—the ship must be equipped as if it were a class 2E ship; or (c) when operating beyond partially smooth waters, the ship must be equipped as if it were a class 2C ship with the following exceptions— (i) the ship need not be ﬁtted with the life rafts required for a class 2C ship if it has a tender, liferaft or lifeboat able to carry everyone on board the ship and the tender, liferaft or lifeboat has positive ﬂotation and is marked or coloured in a way that helps to make it visible in the water; and (ii) if the ship operates only during daylight hours, a coastal lifejacket required under section 10 of the Code need not be ﬁtted with a light; or (d) if the ship is less than 6 m—the ship must be equipped as required for a recreational ship under section 15, 16 or 18. (5) If the ship is a class 1D, 1E, 1F, 2D or 2E ship, it must be equipped with emergency portable lighting devices, capable of giving off reasonable light in an emergency, for every crew member of the ship. (6) If the ship is other than a class 1F ship, it must be equipped with the daylight signalling lamp or signalling light stated for the class of ship in section 13, part 3 12 of the Code. (7) If the ship is a class 1F ship, it must be equipped with the signalling device stated in section 14(1) 13 for a recreational ship. (7A) If the ship is a personal watercraft, it must be equipped with— (a) a PFD type 2 or 3 for the operator of, and each passenger on, the watercraft; and (b) when operating in partially smooth waters or beyond— (i) 2 hand held red ﬂares; and (ii) 2 hand held orange smoke signals. 12 Section 13 (Miscellaneous equipment), part 3 (Scales of miscellaneous equipment) of the Code 13 Section 14 (Signalling devices for recreational ships on the water at night)

s 8 22 s 8 Transport Operations (Marine Safety) Regulation 1995 (7B) For subsection 7A(a), a personal watercraft is taken not to be equipped with the PFD if the PFD is not being worn by the operator of, and each passenger on, the watercraft. (8) If a provision of section 10, part 3 14 of the Code requires the ship to be equipped with life jackets, lifeboats or life rafts, by reference to the number of persons the ship is certified to carry (however expressed), the reference is taken to be the number of persons on board the ship. (9) However, if the ship is required under subsection (3) to be equipped with lifeboats, life rafts or buoyant appliances, the requirement does not apply if the ship— (a) may, under section 10, part 3 of the Code, have, and does have, internal buoyancy as stated in section 10, appendix N of the Code; 15 or (b) is under 6 m and has positive ﬂotation; or (c) is an inﬂatable ship that has positive ﬂotation when its largest air chamber is deﬂated; or (d) is a class 1E ship and carries the buoyant appliances or the life jackets stated in section 10, part 3 of the Code. (10) If this section does not otherwise state the safety equipment the ship must be equipped with, it must be equipped with the safety equipment for a recreational ship required under division 5. 8 Safety equipment to comply with other parts of Code and be current (1) The safety equipment with which a commercial ship must be equipped under section 7 must be stowed, marked and of a type set out in section 10, parts 1, 2 and 4 16 of the Code. (2) If the safety equipment with which a commercial ship must be equipped under section 7 has an expiry date by which it should be serviced 14 Section 10 (Lifesaving appliances), part 3 (Scales of lifesaving appliances) of the Code 15 Section 10 (Lifesaving appliances), appendix N (Internal buoyancy in small vessels) of the Code 16 Section 10 (Lifesaving appliances), parts 1 (Preliminary), 2 (General provisions) and 4 (Types of lifesaving appliances) of the Code

s 9 23 s 10 Transport Operations (Marine Safety) Regulation 1995 or replaced, the equipment must be serviced or replaced before the expiry date for the equipment. (3) If a ship’s safety equipment must comply with subsection (1) or (2) and the equipment does not comply with the relevant subsection, the ship is taken not to be equipped with the safety equipment. 9 Declaration applying Act, s 44 to certain equipment The equipment required under section 7 for a ship is safety equipment for the ship to which section 44 17 of the Act applies. Division 4—Other safety equipment for ﬁshing ships 10 Fishing ships to comply with Code with changes (1) This section applies to— (a) a ship registered under this regulation as a ﬁshing ship—class 3B to 3E; or (b) a ship that is registrable under this regulation as a ﬁshing ship in a class mentioned in paragraph (a), but is not registered; or (c) a ﬁshing ship mentioned in section 37(2), other than— (i) a ﬁshing ship used for ﬁshing in the net ﬁshery (ocean beach) described in the Fisheries Regulation 1995 , schedule 13, part 7, section 5; or (ii) a tender mentioned in section 37(2)(f) that is not powered, or if powered, is powered by an engine of less than 3 kW. (2) If the ship is a ship mentioned in section 11 18 of the Code, it must be equipped with the fire appliances required for the class of ship under section 11 of the Code. (2A) For subsection (2), a reference in section 11 of the Code to a portable fire extinguisher is taken to be a reference to a fire extinguisher that— 17 Section 44 (Safety equipment obligation) of the Act 18 Section 11 (Fire appliances) of the Code

s 10 24 s 10 Transport Operations (Marine Safety) Regulation 1995 (a) complies with AS/NZS 1850—1997; and (b) has been serviced annually and otherwise maintained in accordance with AS 1851.1—1995; and (c) if the ﬁre extinguisher is a dry powder ﬁre extinguisher— (i) is ﬁtted with a discharge hose in accordance with AS 2444—1995; and (ii) has a rating under AS/NZS 1850—1997 of at least 2A30B(E); and (d) if the ﬁre extinguisher is a foam ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 3A20B; and (e) if the ﬁre extinguisher is a CO2 ﬁre extinguisher, has a rating under AS/NZS 1850—1997 of at least 5B(E). (3) If the ship is a ship mentioned in section 10, part 3 19 of the Code, it must be equipped with the lifesaving appliances required for the class of ship under section 10, part 3 of the Code. (4) Subsection (3) has effect with the following changes— (a) for a class 3D ship operating only in daylight hours—if the ship is not equipped with 3 distress rockets as required by section 10, part 3 of the Code, the ship is required to be equipped with 3 orange smoke signals; (b) for a class 3E ﬁshing ship—if the ship is not equipped with the distress signals required by section 10, part 3 of the Code, the ship is equipped with a V sheet, 2 hand held red ﬂares and 2 orange smoke ﬂares; (c) for a ship less than 7 m—the ship may be operated without lifebuoys. (5) The ship must be equipped with the daylight signalling lamp or signalling light stated for the class of ship in section 13, part 3 20 of the Code. 19 Section 10 (Lifesaving appliances), part 3 (Scales of lifesaving appliances) of the Code 20 Section 13 (Miscellaneous equipment), part 3 (Scales of miscellaneous equipment) of the Code

s 11 25 s 11 Transport Operations (Marine Safety) Regulation 1995 (6) If the ship is a class 3D or 3E ship, it must be equipped with emergency portable lighting devices, capable of giving off reasonable light in an emergency, for every crew member of the ship. (7) If a provision of section 10, part 3 of the Code requires the ship to be equipped with life jackets, lifeboats or life rafts, by reference to the number of persons the ship is certified to carry (however expressed), the reference is taken to be to the number of persons on board the ship. (8) However, if the ship is required under subsection (1) to be equipped with lifeboats, life rafts or buoyant appliances, the requirement does not apply if the ship may have, under section 10, part 3 of the Code, and it does have, internal buoyancy as stated in section 10, appendix N 21 of the Code. (9) The provisions of the Code about distress signals, life jackets and lifeboats or life rafts do not apply to a fishing ship licensed as a tender commercial fishing boat under the Fisheries Regulation 1995 or a fishing ship under 10 m if they are equipped with the safety equipment required by section 16 22 for a recreational ship operating beyond smooth waters. (10) If this section does not otherwise state the safety equipment the ship must be equipped with, it must be equipped with the safety equipment for a recreational ship required under division 5. 11 Safety equipment to comply with other provisions of Code (1) The safety equipment with which a fishing ship must be equipped under section 10 must be stowed, marked and of a type as stated in section 10, parts 1, 2 and 4 23 of the Code. (2) If the safety equipment with which a fishing ship must be equipped under section 10 has an expiry date by which it should be serviced or replaced, the equipment must be serviced or replaced before the expiry date for the equipment. 21 Section 10 (Lifesaving appliances), appendix N (Internal buoyancy in small vessels) of the Code 22 Section 16 (Safety equipment for recreational ship operating in partially smooth waters and beyond) 23 Section 10 (Life-saving appliances), part 1 (Preliminary), section 10 (Life-saving appliances), part 2 (General provisions) and section 10 (Life-saving appliances), part 4 (Types of life-saving appliances) of the Code

s 12 26 s 14 Transport Operations (Marine Safety) Regulation 1995 (3) If a ship’s safety equipment must comply with subsection (1) or (2) and the equipment does not comply with the relevant subsection, the ship is taken not to be equipped with the safety equipment. 12 Declaration applying Act, s 44 to certain equipment The equipment required under section 10 for a ship is safety equipment for the ship to which section 44 24 of the Act applies. Division 5—Other safety equipment for recreational ships 13 Application of division This division applies to— (a) a ship registered under this regulation as a recreational ship; and (b) a ship that is registrable under this regulation as a recreational ship but is not registered; and (c) a recreational ship mentioned in section 37(2), other than— (i) a ship mentioned in section 37(2)(d); and (ii) a tender mentioned in section 37(2)(g) that is not powered, or if powered, is powered by an engine of less than 3 kW. 14 Signalling devices for recreational ships on the water at night (1) A recreational ship including, despite section 13(c), a recreational ship mentioned in section 37(2)(d) and (g) on the water at any time between sunset and sunrise must be equipped with a lighting device for signalling to attract attention. Examples of lighting devices — Torches, lanterns ﬂuorescent lights and cyalume sticks. (2) Subsection (1) does not limit the obligation of the person operating the ship to equip the ship with navigation lights required under section 94. 25 24 Section 44 (Safety equipment obligation) of the Act 25 Section 94 (Person operating ship to comply with Collision Regulations)

s 15 27 s 16 Transport Operations (Marine Safety) Regulation 1995 15 Safety equipment for recreational ship operating in smooth waters (1) A recreational ship, other than a personal watercraft, operating in smooth waters must be equipped with— (a) a PFD type 1, 2 or 3 for each person on board the ship; and (b) if the ship is more than 5 m—ﬁre ﬁghting equipment capable of extinguishing ﬁre on the ship quickly and effectively. (2) However, subsection (1)(a) does not apply if the ship— (a) operates in a river, creek, stream or the waters contained within breakwaters or revetments; and (b) has positive ﬂotation and is equipped with grab lines, grab rails or something else that gives a person in the ship a way of keeping a secure hold to the ship. 16 Safety equipment for recreational ship operating in partially smooth waters and beyond (1) A recreational ship, other than a personal watercraft, operating in partially smooth waters and beyond must be equipped with— (a) for each person on board the ship—if the ship is operating— (i) in partially smooth waters—a PFD type 1 or 2; or (ii) beyond partially smooth waters—a PFD type 1; and (b) a V sheet; and (c) 2 hand held red ﬂares; and (d) 2 orange smoke ﬂares; and (e) if the ship is more than 5 m—ﬁre ﬁghting equipment capable of extinguishing ﬁre on the ship quickly and effectively. (2) The flares mentioned in subsection (1)(c) and (d) must conform to Australian Standard 2092.

s 17 28 s 19 Transport Operations (Marine Safety) Regulation 1995 17 Exceptions for anyone on recreational ship wearing a divers jacket (1) This section applies if a person on a recreational ship is wearing an inflatable divers jacket and wet suit. (2) Despite sections 15 and 16, the ship need not be equipped with a personal flotation device for the person. 18 Safety equipment for recreational ship that is a personal watercraft (1) A recreational ship that is a personal watercraft must be equipped with a PFD for the operator of, and each passenger on, the watercraft. (2) The watercraft is taken not to be equipped with the PFD if the PFD is not being worn by the operator of, and each passenger on, the watercraft. (3) In this section— “PFD” means— (a) if the watercraft is operating in smooth waters—a PFD type 2 or 3; or (b) if the watercraft is operating in partially smooth waters or beyond—a PFD type 2. 19 Safety equipment to be serviced etc. (1 ) If the safety equipment with which a recreational ship must be equipped under sections 15 and 16 has an expiry date by which it should be serviced or replaced, the equipment must be serviced or replaced before the expiry date for the equipment. (2) If a recreational ship’s safety equipment must comply with subsection (1) but does not comply with it, the ship is taken not to be equipped with the safety equipment.

s 20 29 s 21A Transport Operations (Marine Safety) Regulation 1995 20 Declaration applying Act, s 44 to certain equipment The equipment required under sections 14, 15, 16 and 18 for a ship is safety equipment for the ship to which section 44 26 of the Act applies. Division 6—Life jacket and PFD sizes 21 Life jacket and PFD sizes (1) This section applies if the requirements under this regulation for a ship’s safety equipment includes life jackets and personal flotation devices for each person on board the ship. (2) The ship is taken not to be equipped with safety equipment comprising life jackets and personal flotation devices unless there is an appropriate size life jacket or personal flotation device for each person on the ship. (3) In this section— “person” means a person 12 months and over. Division 7—Producing safety equipment for inspection 21A Producing safety equipment for inspection (1) A shipping inspector may require the master of a ship to produce to the inspector each item of safety equipment that the ship is required to be equipped with. (2) A failure by the master to produce an item of the safety equipment is evidence that the ship is not equipped with the item of safety equipment. 26 Section 44 (Safety equipment obligation) of the Act

s 22 30 s 22 Transport Operations (Marine Safety) Regulation 1995 PART 3—ACCREDITATION, SHIP BUILDING AND REGISTRATION OF SHIPS Division 1—Accreditation of ship designers, ship builders and marine surveyors 22 Application of Act, pt 5, div 4 (1) Part 5, division 4 27 of the Act applies to commercial and fishing ships that— (a) the general manager would not be able to register under division 3 28 unless an application to register the ship were accompanied by a certiﬁcate of compliance for the ship; or (b) are built in Queensland but are to be operated in another State, or a foreign country and for which— (i) an accredited ship designer, builder or marine surveyor has been requested to issue a certiﬁcate of compliance; or (ii) the general manager has been requested to issue a certiﬁcate of survey under division 7. 29 (2) For this division and section 56 30 only, a ship mentioned in subsection (1)(b) is a ship connected with Queensland. (3) However, section 67 31 of the Act does not apply to a commercial ship under 6 m that operates only within 15 n miles of land, or in smooth or partially smooth waters. 27 Part 5 (Registration, licensing, permits and accreditation), division 4 (Accreditation of ship designers, ship builders and marine surveyors) of the Act 28 Division 3 (Registration of ships) 29 Division 7 (Certiﬁcates of survey) 30 Section 56 (General manager may issue certiﬁcate of survey for ship) 31 Section 67 (Restriction on building of ships) of the Act

s 23 31 s 23 Transport Operations (Marine Safety) Regulation 1995 23 Declaration of alterations or replacements that may affect marine safety—Act, s 4, deﬁnition “building” (1) This section is about the definition “building” in section 4 32 of the Act that provides as follows— ‘ “building” of a ship includes altering the ship, or replacing a part of the ship, if the alteration or replacement is declared, under a regulation, to be an alteration or replacement that may affect marine safety. ’. 33 (2) This section declares the alterations or replacements that may affect marine safety. (3) An alteration or replacement affecting any of the following, in a substantial way ( “further building” ), is an alteration or replacement that may affect marine safety— (a) electrical systems; Example — If an electrical contractor’s installation statement has not been obtained—an alteration or replacement of components or wiring in systems 32 volts and above. (b) machinery and associated systems; Example — Alteration or replacement of engines, winches, pumping systems, stern gear. (c) stability; Examples — Alteration in position or amount of permanent ballast. Alterations to scuppers and freeing ports impairing drainage. Alteration or replacement of any part of a ship (including machinery), that, because of its weight or location, alters the stability of the ship. (d) structural sufﬁciency; Example — Alterations or replacements to the hull, bulkheads, deck and superstructure. (e) watertight integrity and subdivision. 32 Section 4 (Deﬁnitions) of the Act 33 Italic text indicates that the text is section 4, deﬁnition “building” of the Act.

s 24 32 s 25 Transport Operations (Marine Safety) Regulation 1995 Example — Alterations or replacements to the hull watertight bulkheads, decks, enclosed superstructures and weathertight watertight closing devices. 24 Accreditation as a ship designer, builder or marine surveyor (1) The general manager may accredit a person as a ship designer or builder or marine surveyor. (2) The general manager may accredit a person as a ship designer, ship builder or marine surveyor only if the person satisfies the general manager the person qualifies for accreditation under the Transport Operations (Marine Safety—Qualifications for Accreditation for Ship Designers, Ship Builders and Marine Surveyors) Standard 1998 . (3) The procedure for accreditation is in part 6. 34 25 Categories of accreditation (ship designer) The categories of accreditation for a ship designer are as follows— (a) for hulls— • aluminium hull • ferro-cement hull • ﬁbre reinforced plastic hull • steel hull • timber hull; (b) for superstructures—for any of the hull materials mentioned in paragraph (a); (c) machinery—including propulsion, associated systems and electrical; (d) load line; (e) safety equipment; (f) stability—including subdivision. 34 Part 6 (Authorities)

s 26 33 s 27 Transport Operations (Marine Safety) Regulation 1995 26 Categories of accreditation (ship builder) The categories of accreditation as a ship builder are as follows— (a) for hulls— • aluminium hull • ferro-cement hull • ﬁbre reinforced plastic hull • steel hull • timber hull; (b) for superstructures—for any of the hull materials mentioned in paragraph (a); (c) machinery—including propulsion, associated systems and electrical; (d) safety equipment. 27 Categories of accreditation (marine surveyor) The categories of accreditation as a marine surveyor are as follows— (a) for hulls— • aluminium hull • ferro-cement hull • ﬁbre reinforced plastic hull • steel hull • timber hull; (b) for superstructures—for any of the hull materials mentioned in paragraph (a); (c) machinery—including propulsion, associated systems and electrical); (d) load line; (e) MARPOL requirements; (f) safety equipment; (g) stability—including subdivision.

s 28 34 s 30 Transport Operations (Marine Safety) Regulation 1995 28 Hulls and superstructures taken to be of a certain material In sections 25, 26 and 27(a) or (b), a hull or superstructure is to be taken to be built of a material mentioned in each subsection if it is primarily built of the material. 29 Authority given by accreditation (1) An accredited ship designer, ship builder or marine surveyor may issue a certificate of compliance in the approved form for a ship in the category for which the person is accredited. (2) Subsection (1) is subject to the conditions stated in the Act, this regulation and the relevant accreditation. (3) However, an accredited ship designer, ship builder or marine surveyor that is a corporation must not issue a certificate of compliance for a ship unless the individual having the supervision and management of the designing, building or surveying of the ship has the same accreditation as the corporation. Maximum penalty—200 penalty units. 30 Accredited persons to keep documents (1) This section applies to an accredited ship designer, builder and marine surveyor (an “accredited person” ) who carries on a business ( “business” ) of ship designing, ship building or marine surveying. (2) An accredited person must make the following documents ( “documents” ) for the business within the time stated in subsection (3)— (a) an operational plan (the “operational plan” ) showing— (i) the management structure; and (ii) individual responsibilities and professional or trade qualiﬁcations of employees of the business; and (iii) a system for monitoring, at each critical stage, the quality and integrity of the process of— (A) for a ship designer—designing a ship or part of a ship; or (B) for a ship builder—building a ship or part of a ship; or

s 30 35 s 30 Transport Operations (Marine Safety) Regulation 1995 (C) for a marine surveyor—surveying a ship or part of a ship; (b) a record (the “production record” ) showing details of the following— (i) ships, or parts of ships, designed, built or surveyed by the accredited person; (ii) the carrying out of the monitoring stated in paragraph (a)(iii); (iii) any signiﬁcant rectiﬁcation or alteration found necessary during the designing, building or surveying process. Maximum penalty—100 penalty units. (3) The documents must be made— (a) if the document is the operational plan—within 28 days of starting the business; or (b) if the document is the production record—every week after starting the business. (4) An accredited person is taken to comply with subsection (2)(a) if the person has an operational plan that is a current operational quality management and assurance system certified by a certification entity. (5) The accredited person must ensure that— (a) entries in the documents are complete and accurate; and (b) if there is a change to any of the things mentioned in subsection (2)(a)—the documents are amended to show the change within 14 days of the change; and (c) the documents are kept— (i) at the accredited person’s place of business; and (ii) for at least 5 years from the date they were made. Maximum penalty—100 penalty units. (6) In this section— “accredited” includes being temporarily accredited under section 128. 35 35 Section 128 (Temporary accreditation)

s 31 36 s 31A Transport Operations (Marine Safety) Regulation 1995 “certiﬁcation entity” means an entity that— (a) is accredited by the Council of Joint Accreditation Systems of Australia and New Zealand; and (b) the council maintains on its register of certiﬁcation entities. 31 Accredited person to take out product liability insurance (1) It is a condition of accreditation that an accredited ship designer, ship builder or marine surveyor (an “accredited person” ) must, within 30 days— (a) of becoming accredited, take out, and keep in force while the person continues to be accredited, a product liability policy (a “policy” ) for not less than $2 000 000 to cover the person’s legal liability arising out of or in respect of a ship, or part of a ship, designed, built or surveyed by the person while the person was accredited; and (b) of taking out or renewing a policy, give the general manager a copy of the certiﬁcate of insurance or renewal of the policy. (2) Despite subsection (1), a condition under section 130 36 may require an accredited person to take out a policy for an amount more than $2 000 000. Division 1A—Other provisions about ship design and survey 31A Application of Act, pt 5, div 5 Part 5, division 5 37 of the Act applies to the ships mentioned in section 22(1). 36 Section 130 (Grant of authority on conditions) 37 Part 5 (Registration, licensing, permits and accreditation), division 5 (Other provisions about ship design and survey) of the Act

s 32 37 s 34 Transport Operations (Marine Safety) Regulation 1995 Division 2—Building of ships 32 Application This division applies to a ship— (a) mentioned in section 22(1); or (b) registered under this regulation if— (i) the documents produced to the general manager with the registration application are the documents mentioned in section 43(2)(c) or section 46(3)(c); and (ii) the ship is the subject of further building mentioned in section 23. 33 Certiﬁcate for design and other documents to general manager before building commences A person (including an accredited ship builder) must not start building a ship, or part of a ship, unless the person has given the general manager written notice of the person’s intention to build the ship together with— (a) a copy of the certiﬁcate of compliance for the design of the ship or part and the plans and other documents mentioned in the certiﬁcate; or (b) particulars of the design approval certiﬁcate for the ship, or part. Maximum penalty—100 penalty units. 34 Builder usually responsible for ensuring certiﬁcate of compliance for survey issued (1) This section applies if— (a) a person (a “builder” ) is building a ship or part of a ship; and (b) the builder is not an appropriately accredited ship builder to build the ship or part; and (c) if the builder is building the ship or part for another person—before the building starts, the person has not given the builder a signed notice stating the person does not require the builder to comply with subsections (2) and (3).

s 35 38 s 36 Transport Operations (Marine Safety) Regulation 1995 (2) The builder must, at the appropriate stages during the building of the ship or part— (a) ensure the ship or part is surveyed by a marine surveyor who is accredited to survey the ship or part; and (b) obtain a certiﬁcate of compliance for survey for the ship or part from the surveyor. Maximum penalty—100 penalty units. (3) If the ship, or part, is being built for a person other than the builder, the builder must give the certificate to the person when delivering the ship, or part. Maximum penalty—100 penalty units. 35 Certiﬁcate cease to have effect if further building, or need for further building (1) A certificate of compliance or design approval certificate for a ship, or part of a ship, ceases to have effect to the extent stated in subsection (2) if— (a) further building of the ship takes place; or (b) something happens to the ship that requires further building of the ship before it may be operated safely. Example of paragraph (b) — The ship strikes a reef and suffers major damage to its hull. (2) The certificate of compliance or design approval certificate ceases to have effect so far as it relates to the section of the ship, or part, that is the subject of the further building. 36 Copy of certiﬁcate to general manager (1) This section applies if— (a) further building of a registered ship, or part of a ship, has been completed; and (b) an accredited ship designer, builder or marine surveyor issues a certiﬁcate of compliance for the ship or part.

s 37 39 s 37 Transport Operations (Marine Safety) Regulation 1995 (2) The accredited ship designer, builder or marine surveyor must, within 28 days of issuing the certificate, give the general manager a copy of it. Maximum penalty—100 penalty units. Division 3—Registration of ships Subdivision 1—Application of Act, pt 5, div 2 to certain ships and requirement to register the ships 37 Application of Act, pt 5, div 2 (1) The following are ships to which part 5, division 2 38 of the Act applies— (a) all ships operating in Queensland waters owned or chartered by— (i) an individual whose place of residence, or principal place of residence, is in Queensland; or (ii) a person whose place of business, or principal place of business, is in Queensland; or (iii) a person whose principal place of business for managing the ship’s operations is in Queensland; (b) all ships not mentioned in paragraph (a)— (i) on Queensland intrastate voyages; or (ii) on interstate voyages while they are in Queensland waters. (2) However part 5, division 2 of the Act does not apply to the following ships— (a) a ship that must be, and is, registered under the Shipping Registration Act 1981 (Cwlth); (aa) a commercial ship (other than a barge) that is unpowered, or if powered is powered by an engine of less than 3 kW; 38 Part 5 (Registration, licensing, permits and accreditation), division 2 (Registration of ships) of the Act

s 37 40 s 37 Transport Operations (Marine Safety) Regulation 1995 (b) a commercial ship that is a barge and— (i) is less than 15 m; and (ii) is not powered, or if powered, is powered by an engine of less than 3 kW; and (iii) is used for a purpose other than— (A) carrying persons, other than employees of the person operating the ship; or (B) carrying bulk petroleum or gas products; or (C) living aboard or entertainment; or (D) operating a pile frame; and (iv) is not equipped with— (A) a crane with a safe working load of more than 3 t; or (B) dredging machinery having a total brake power of 500 kW or more; (c) a ﬁshing ship less than 10 m; (d) a recreational ship that is not powered or if powered, is powered by an engine of less than 3 kW; (e) a recreational ship on a Queensland intrastate voyage if the ship— (i) is registered under a law of another State about the registration of ships; and (ii) the owner of the ship is not an individual or person mentioned in subsection (1)(a); (f) a tender (other than a tender commercial ﬁshing boat within the meaning of the Fisheries Regulation 1995 ) to a ﬁshing ship if the tender is operated only within the same distance from the ship it attends, as a tender commercial ﬁshing boat may operate from its primary commercial ﬁshing boat under the Fisheries Regulation 1995 ; (g) a tender to a registered recreational ship if the tender is operated only within 2 n miles from the ship; (h) a tender to a registered commercial ship if the tender is—

s 38 41 s 39 Transport Operations (Marine Safety) Regulation 1995 (i) less than 6 m; and (ii) operated only within 5 n miles of the ship; (i) a ship displaying a restricted use ﬂag under part 3, division 6; 39 (j) a recreational ship from a foreign country, if— (i) the ship is in Queensland waters for less than 1 year; and (ii) the ship’s owner is not an individual or person mentioned in subsection (1)(a). (3) Also part 5, division 2 40 of the Act does not apply to a ship that is not on or in water. Example of subsection (3) — If the registration of a ship expires while the owner has the ship out of water, the owner need only register the ship when the owner intends to put the ship back in the water. 38 Ships that must be registered (1) The owner of a ship to which part 5, division 2 of the Act applies must register the ship unless the owner has a reasonable excuse. Maximum penalty—200 penalty units. (2) The procedure for registration is in part 6. 41 39 Commercial or ﬁshing ship used for owner’s recreational use If a registered commercial or ﬁshing ship is being used for genuine private recreational use by its owner, while the ship is being so used— (a) it is taken to be registered as a recreational ship; and (b) the provisions of this regulation for, or a condition of registration applying to the ship or its operation as, a commercial or ﬁshing ship, do not apply to the ship; and 39 Part 3 (Accreditation, ship building and registration of ships), division 6 (Restricted use ﬂag) 40 Part 5 (Registration, licensing, permits and accreditation), division 2 (Registration of ships) of the Act 41 Part 6 (Authorities)

s 40 42 s 42 Transport Operations (Marine Safety) Regulation 1995 (c) the provisions of this regulation about recreational ships and their operation apply to the ship with all necessary changes. Subdivision 2—Type and class of registration 40 Chief executive and general manager to register ships (1) The chief executive may register a registrable recreational ship. (2) The general manager may register a registrable commercial or ﬁshing ship according to its class under the Code. Examples of registration— • commercial ship—class 1 passenger vessel, class 1B • ﬁshing ship—class 3 ﬁshing ship, class 3B. 41 Class of registration (commercial ships) The registration classes under the Code for a commercial ship are— (a) class 1 passenger vessels as stated in section 1, part 3, clause 6.1 42 of the Code—class 1A to 1F; and (b) class 2 non-passenger vessels as stated in section 1, part 3, clause 6.2 43 of the Code—class 2A to 2E. 42 Class of registration (ﬁshing ships) The registration classes under the Code for a ﬁshing ship are class 3 ﬁshing ship or ships as stated in section 1, part 3, clause 6.3 44 of the Code—class 3A to 3E. 42 Section 1 (Introduction, deﬁnitions and general requirements), part 3 (Operational areas and classiﬁcation of vessels), clause 6.1 (class 1 passenger vessels) of the Code 43 Section 1 (Introduction, deﬁnitions and general requirements), part 3 (Operational areas and classiﬁcation of vessels), clause 6.2 (class 2 non–passenger vessels) of the Code 44 Section 1 (Introduction, deﬁnitions and general requirements), part 3 (Operational areas and classiﬁcation of vessels), clause 6.3 (class 3 ﬁshing vessels) of the Code

s 43 43 s 43 Transport Operations (Marine Safety) Regulation 1995 Subdivision 3—First registration of commercial ship 43 Requirements for ﬁrst registration of commercial ship (1) This section applies if— (a) an application is made to the general manager to register a ship as a commercial ship; and (b) the ship— (i) has not previously been registered as a commercial ship under this regulation; or (ii) if it has been previously registered as a commercial ship under this regulation— (A) the registration was cancelled by the general manager under part 6; or (B) the registration expired and more than 6 months has elapsed since the expiry. (2) If the ship is a ship mentioned in subsection (1)(b)(i), the general manager may register it as a commercial ship only if its registration application is accompanied by— (a) certiﬁcates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited ship builder or an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design— (A) a design approval certiﬁcate for the ship; and (B) any other certiﬁcates of compliance for the design of the ship not covered by the design approval certiﬁcate; (ii) other than for the ship design, certiﬁcates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certiﬁcate of survey for the ship issued under section 56, or an equivalent certiﬁcate issued under a law of the Commonwealth or another State or by a classiﬁcation society.

s 43 44 s 43 Transport Operations (Marine Safety) Regulation 1995 (3) A person is taken to have given the general manager certificates of compliance necessary for subsection (2)(a) if— (a) the person gives the general manager a certiﬁcate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made; and (b) the ship is a ship for which— (i) a replacement certiﬁcate was issued, or could have been issued, under section 191(3) 45 as in force immediately before the expiry of the section; or (ii) design plans, subdivision and stability documents were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or (iii) a certiﬁcate equivalent to a certiﬁcate of survey has been issued under a law of the Commonwealth or another State. (4) For subsection (3)(b)(iii), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. (5) If the ship is a commercial ship mentioned in subsection (1)(b)(ii), the general manager may register it as a commercial ship if the application for registration of the ship is accompanied by a certificate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for registration of the ship is made. (6) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship under a law of the Commonwealth or another State, the general manager may also require a certificate of compliance for the survey of the whole ship or part of the ship from an accredited marine surveyor issued not more than 1 month before the application for registration of the ship is made. 45 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s 44 45 s 45 Transport Operations (Marine Safety) Regulation 1995 (7) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship by a classification society and the certificate does not relate to the whole ship, the general manager may register the ship only if the application for registration of the ship is accompanied by the certificates of compliance mentioned in subsection (2)(a) for those parts of the ship not covered by the certificate of survey. 44 Exception for certain ships Despite section 43, the general manager may register a commercial ship less than 6 m that operates within 15 n miles of land, or in smooth or partially smooth waters, if the application for registration of the ship is accompanied by— (a) documentary evidence that satisﬁes the general manager the ship has positive ﬂotation; or (b) a certiﬁcate of compliance for the building or surveying of the whole ship from an accredited ship builder or marine surveyor. 45 Exception for sailing school training ships (1) Despite section 43, the general manager may register a commercial ship used as a training ship by a sailing school for teaching sailing if the application for registration of the ship is accompanied by a completed safety compliance form for the ship issued by the Australian Yachting Federation. (2) In this section— “sailing school” means an entity that— (a) gives training in sailing; and (b) is approved by the Australian Yachting Federation as a training centre under its national training scheme. “training ship” means a ship that— (a) is 6 m or more but less than 16 m; and (b) does not carry anybody other than its crew (including trainee crew).

s 46 46 s 46 Transport Operations (Marine Safety) Regulation 1995 Subdivision 4—First registration of ﬁshing ship 46 Requirements for ﬁrst registration etc. of ﬁshing ship (1) This section applies if— (a) an application is made to the general manager to register a ship over 10 m as a ﬁshing ship; and (b) the ship— (i) has not previously been registered as a ﬁshing ship under this regulation; or (ii) if it has been previously registered as a ﬁshing ship under this regulation— (A) the registration was cancelled by the general manager under part 6; or (B) the registration expired and more than 6 months has elapsed since the expiry. (2) However, this section does not apply if the ship— (a) is less than 14 m; and (b) operates only in a pilotage area; and (c) was built and operated as a ﬁshing ship in the intended area of operation before 1 January 1988. (3) The general manager may register a ship mentioned in subsection (1)(b)(i) as a fishing ship only if the application for registration of the ship is accompanied by— (a) certiﬁcates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited ship builder or an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design— (A) a design approval certiﬁcate for the ship; and (B) any other certiﬁcates of compliance for the design of the ship not covered by the design approval certiﬁcate;

s 46 47 s 46 Transport Operations (Marine Safety) Regulation 1995 (ii) other than for the ship design, certiﬁcates of compliance from an accredited ship builder or an accredited marine surveyor; or (c) a current certiﬁcate of survey for the ship issued under section 56, or an equivalent certiﬁcate issued under a law of the Commonwealth or another State or by a classiﬁcation society. (4) A person is taken to have given the general manager certificates of compliance necessary for subsection (3)(a) if— (a) the person gives the general manager a certiﬁcate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made; and (b) the ship is a ship for which— (i) a replacement certiﬁcate was issued, or could have been issued, under section 191(3), 46 as in force immediately before the expiry of the section; or (ii) design plans, subdivision and stability documents were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or (iii) a certiﬁcate equivalent to a certiﬁcate of survey has been issued under a law of the Commonwealth or another State. (5) For subsection (4)(b)(iii), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. (6) If the ship is a fishing ship mentioned in subsection (1)(b)(ii), the general manager may register it as a fishing ship if the application for registration of the ship is accompanied by a certificate of compliance for the survey of the whole ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made. 46 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s 47 48 s 48 Transport Operations (Marine Safety) Regulation 1995 (7) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship under a law of the Commonwealth or another State, the general manager may also require a certificate of compliance for the survey of the whole ship or part of the ship from an accredited marine surveyor issued not more than 1 month before the application for the registration of the ship is made. (8) If, under this section, a person seeks to use a certificate equivalent to a certificate of survey issued for a ship by a classification society and the certificate does not relate to the whole ship, the general manager may register the ship only if the application for registration of the ship is accompanied by the certificates of compliance mentioned in subsection (3)(a) for those parts of the ship not covered by the certificate of survey. Subdivision 5—Declarations by accredited persons 47 Declaration about ship’s seaworthiness etc. in certiﬁcate of compliance (1) A certificate of compliance for a ship, or part of a ship, must include the appropriate declaration stated in schedule 1 47 about the seaworthiness of the ship or part. (2) The certificate may also include other issues about the ship or part’s condition affecting marine safety. Division 4—Ship register 48 Register of registered recreational ships (1) The chief executive must keep a register of registered recreational ships. (2) The chief executive must record in the register the following particulars for a recreational ship— (a) the owner’s name and address; 47 Schedule 1 (Declaration about ship’s seaworthiness)

s 48A 49 Transport Operations (Marine Safety) Regulation 1995 s 48A (b) the registration number; (c) the type of registration; (d) a description of the ship including length and beam, engine details and construction materials. (3) The register may also include other particulars for a recreational ship decided by the chief executive. (4) Within 21 days after changes to a particular recreational ship’s registration other than a change in the ship’s ownership, the holder of the ship’s registration certiﬁcate must give the chief executive written notice of the change in the approved form. Maximum penalty—50 penalty units. (5) A person may, on payment of the appropriate fee for the inspection and on reasonable conditions imposed by the chief executive— (a) inspect the register at the chief executive’s ofﬁce when the ofﬁce is open to the public; and (b) take extracts from, or obtain a copy of particulars in, the register. 48A Register of registered commercial and ﬁshing ships (1) The general manger must keep a register of registered commercial and ﬁshing ships. (2) The general manager must record in the register the following particulars for a commercial or ﬁshing ship— (a) the owner’s name and address; (b) the registration number; (c) the type of registration and class; (d) a description of the ship including length and beam, engine details and construction materials. (3) The register may also include other particulars for a commercial or ﬁshing ship decided by the general manager. (4) Within 21 days after changes to a particular commercial or ﬁshing ship’s registration other than a change in the ship’s ownership, the holder of the ship’s registration certiﬁcate must give the general manager written notice of the change in the approved form.

s 49 50 s 49 Transport Operations (Marine Safety) Regulation 1995 Maximum penalty—50 penalty units. (5) A person may, on payment of the appropriate fee for the inspection and on reasonable conditions imposed by the general manager— (a) inspect the register at the general manager’s ofﬁce when the ofﬁce is open to the public; and (b) take extracts from, or obtain a copy of particulars in, the register. Division 5—Display of registration documents and markings on ships Subdivision 1—Registered ships 49 Registration number to be displayed on registered commercial or recreational ships (1) The owner and master of a registered commercial or recreational ship must ensure the ship’s registration number is displayed on the ship as required by this section. Maximum penalty—50 penalty units. (2) The registration number must be— (a) above the water line when the ship is aﬂoat; and (b) permanently and legibly displayed— (i) in dark colours on a light background; or (ii) in light colours on dark background. (3) Also, the registration number must be— (a) for a ship capable of achieving a planing attitude (other than a personal watercraft)—displayed on both sides of the ship in characters not less than 200 mm high; or (aa) for a personal watercraft—displayed on both sides of the watercraft in characters not less than 75 mm high; or (b) for all other ships—displayed on both sides of the ship or its stern in characters not less than 75 mm high.

s 50 51 s 51A Transport Operations (Marine Safety) Regulation 1995 50 Displaying registered commercial or ﬁshing ship’s registration certiﬁcate (1) The owner and master of a registered commercial or fishing ship must ensure the ship’s registration certificate is displayed in a conspicuous place, and in a way that it can be read by anyone, on the ship. Maximum penalty—100 penalty units. (2) However, if it is not reasonably practicable to comply with subsection (1), the ship’s owner and master must ensure that the ship’s registration certificate is kept aboard the ship. Maximum penalty—100 penalty units. 51 Registration label for registered recreational ship (1) The owner and master of a registered recreational ship must ensure that the ship’s current registration label is attached to the ship as required by this section. Maximum penalty—50 penalty units. (2) The label must be— (a) attached to the exterior of the ship in a conspicuous place, near the registration number, on its port side, or stern; and (b) above the waterline when the ship is aﬂoat. 51A Ride smart sticker to be displayed on personal watercraft (1) The owner and master of a personal watercraft must ensure a ride smart sticker is displayed on the personal watercraft so that it can be seen clearly from the operator’s position. Maximum penalty—50 penalty units. (2) In this section— “ride smart sticker” means a ride smart sticker issued by the chief executive.

s 52 52 s 52 Transport Operations (Marine Safety) Regulation 1995 Subdivision 2—Tenders 52 Markings for tender to commercial, ﬁshing or recreational ship if tender not required to be registered (1) This section applies to— (a) a tender (other than a tender commercial ﬁshing boat within the meaning of the Fisheries Regulation 1995 ) to a ﬁshing ship if the tender is not required to be registered because of section 37(2)(f); 48 and (b) a tender to a registered commercial or recreational ship if the tender is not required to be registered because of section 37(2)(g) or (h). (2) The owner and master of the tender must ensure the tender is marked as required by subsections (3) to (6). Maximum penalty—50 penalty units. (3) The tender must be clearly, legibly and permanently marked on its exterior, above the waterline when the ship is afloat, with the word ‘TENDER’ and— (a) for a tender mentioned in subsection (1)(a)—the same markings required by the Fisheries Regulation 1995 , section 61 49 for the ship to which it is a tender; and (b) for a tender mentioned in subsection (1)(b)—the registration number of the ship to which it is a tender. (4) The markings required under subsection (3) must be in characters not smaller than 75 mm. (5) However, if a tender cannot be practicably marked on its exterior as required by subsection (3) or in the size of characters required by subsection (4), it must be marked on its interior in the largest characters practicable. (6) If a tender does not permanently attend the same ship but is used by its owner to attend a number of ships owned by the owner, the tender may 48 Section 37 (Application of Act, pt 5, div 2) 49 Fisheries Regulation 1995 , section 61 (Authority holder only needs 1 authority for an activity)

s 53 53 s 54 Transport Operations (Marine Safety) Regulation 1995 be marked with the owner’s name instead of the marking or number required under subsection (3)(a) or (b). Division 6—Restricted use ﬂag 53 Authority to use restricted use ﬂag (1) The general manager may issue an authority to use a restricted use flag for a ship. (2) The general manager may only issue an authority for a ship if the general manager is satisfied the ship is safe to operate for its intended use in its intended area of operation. (3) The procedure for obtaining an authority is in part 6. 50 54 Operation of ship under authority (1) The holder of an authority must not operate, or allow someone else to operate, a ship for which a restricted use flag has been issued under the authority unless— (a) the authority or a copy— (i) is carried on the ship while it is operating; and (ii) if it reasonably practical to do so—is displayed in a conspicuous place on the ship and in a way that it can be read by anyone on the ship; and (b) the holder tells a person who is to operate the ship as its master, or to act as crew member of the ship, how the ship may be operated under the authority and the conditions to which it is subject; and (c) the ship prominently displays the ﬂag. Maximum penalty—50 penalty units. (2) An authority’s conditions may require a person operating the ship as its master, or acting as a crew member to hold an appropriate licence stated in the conditions. 50 Part 6 (Authorities)

s 55 54 s 56 Transport Operations (Marine Safety) Regulation 1995 (3) The holder of an authority must not operate, or allow someone else to operate, a ship displaying a restricted use flag unless the ship is a ship that may display the flag. Maximum penalty—50 penalty units. (4) A person must not operate a ship displaying a restricted use flag if the person knows the authority to use the flag does not apply to the ship. Maximum penalty—50 penalty units. (5) A person operating a ship displaying a restricted use flag must not operate the ship for a purpose other than the purpose stated in the authority. Maximum penalty—50 penalty units. (6) Each of the following must comply with an authority’s conditions— (a) the holder of the authority; (b) a person operating the ship as its master; (c) a person acting as crew member of the ship. Maximum penalty—50 penalty units. 55 Flag to be returned A person to whom a restricted use ﬂag was issued under an authority must return the ﬂag to the general manager within 14 days of any of the following unless the person has a reasonable excuse— (a) the expiration or cancellation of the authority; (b) the suspension of the authority and the general manager’s request for the return of the ﬂag. Maximum penalty—50 penalty units. Division 7—Certiﬁcates of survey 56 General manager may issue certiﬁcate of survey for ship (1) A person may apply to the general manager for the issue of a certificate of survey for a ship.

s 56 55 s 56 Transport Operations (Marine Safety) Regulation 1995 (2) Before the general manager may issue the certificate, the person asking for it must give the general manager— (a) certiﬁcates of compliance for the whole ship from— (i) an accredited ship designer; and (ii) an accredited marine surveyor; or (b) the following documents for the whole ship— (i) for the ship design— (A) a design approval certiﬁcate for the ship; and (B) any other certiﬁcates of compliance for the design of the ship not covered by the design approval certiﬁcate; (ii) other than for the ship design, a certiﬁcate of compliance for survey for the whole ship issued by an accredited marine surveyor. (3) The general manager may issue the certificate only if— (a) the general manager has been given the certiﬁcates or documents required under subsection (2); and (b) the general manager has inspected the ship if the general manager considers an inspection is necessary; and (c) the general manager is satisﬁed the design or survey conforms with the requirements of any standard about ship design or survey made under part 4, division 2 51 of the Act and applying to the ship. (4) A person is taken to have given the general manager the certificates of compliance necessary for subsection (2)(a)(i) if— (a) a replacement certiﬁcate for the ship was issued, or could have been issued, under section 191(3), 52 as in force immediately before the expiry of the section; or (b) design plans, subdivision and stability documents for the ship were approved as part of an application for the survey and registration of the ship under the 1987 regulation; or 51 Part 4 (General safety obligations and standards), division 2 (Standards) of the Act 52 Section 191 (Existing certiﬁcates of survey) expired 1 January 1997.

s 57 56 s 57 Transport Operations (Marine Safety) Regulation 1995 (c) a certiﬁcate equivalent to a certiﬁcate of survey for the ship has been issued under a law of the Commonwealth or another State, or by a classiﬁcation society. (5) If the certificate mentioned in subsection (4)(c) is issued by a classification society and does not relate to the whole ship, the general manager may issue the certificate of survey only if the application is accompanied by the certificates of compliance mentioned in subsection (2)(a) for those parts of the ship not covered by the certificate of survey. (6) For subsection (4)(c), the general manager may also require the person to give the general manager— (a) details of the issue of the certiﬁcate for the ship under the law of the Commonwealth or the other State; and (b) copies of the design plans and any other documents approved for the ship under the law of the Commonwealth or the other State. (7) A certificate of compliance for survey mentioned in subsection (2)(a)(ii) or (2)(b)(ii) must have been issued not more than 1 month before the application for the certificate of survey is made. (8) The procedure for obtaining a certificate of survey for a ship is in part 6. 53 PART 4—LICENCES FOR OPERATING SHIPS Division 1—Application of Act for licensing of masters, crew members and pilots 57 Application of Act, pt 5, div 3 (1) The following are ships to which part 5, division 3 54 of the Act applies— 53 Part 6 (Authorities) 54 Part 5 (Registration, licensing, permits and accreditation), division 3 (Licensing of masters, crew members and pilots) of the Act

s 57 57 s 57 Transport Operations (Marine Safety) Regulation 1995 (a) for the licensing of a person to operate a ship as its master or to act as a crew member of a ship—the ships mentioned in section 11(1) 55 of the Act; (b) for the licensing of a person to have the conduct of a ship as its pilot—the ships to which part 8 56 of the Act applies. (2) However part 5, division 3 of the Act does not apply to the following ships— (a) a ship connected with Queensland under section 6(c) 57 of the Act while the ship is not operating in Queensland waters; (b) an unpowered commercial or ﬁshing ship or a powered commercial or ﬁshing ship that is powered by an engine of less than 3 kW power; (c) a commercial ship less than 6 m used as a training ship (a “training ship” )— (i) provided by a training provider for a person participating in a training program, conducted by the provider, in operating of ships; and (ii) operated by the person under the direct and immediate supervision of the provider who— (A) accompanies the training ship in another ship; and (B) if a licence is required to operate the accompanying ship—holds the appropriate licence to operate it not less than a coxswain’s licence; (d) a commercial hire ship that— (i) is incapable of achieving a planing attitude; or (ii) if the ship’s provider holds a licence to operate a ship issued under this regulation or the law of another State— (A) is operated by a person under the direct supervision of the ship’s provider; and 55 Section 11 (General application of Act to ships) of the Act 56 Part 8 (Pilots) of the Act 57 Section 6 (Meaning of ship “connected with Queensland”) of the Act

s 57 58 s 57 Transport Operations (Marine Safety) Regulation 1995 (B) the provider has a way of immediately helping the person should the need arise; (e) an unpowered recreational ship or a powered recreational ship that is any of the following— (i) is powered by an engine of 4.5 kW power or less; (ii) is not capable of a speed greater than 10 knots; (iii) does not have a planing or non-displacement hull; (f) a commercial ship owned and operated by any of the following entities if the ship is being operated in the course of the entities’ activities (other than a training course or program about ships’ operations open to the public) by a person who holds a current certiﬁcate issued by the relevant entity authorising the person to operate the ship— (i) a volunteer marine rescue association or a surf lifesaving association accredited by the emergency services department; (ii) the emergency services department; (g) a ﬁshing ship less than 10 m or a recreational ship operated by a person holding a current certiﬁcate to operate a ﬁshing ship less than 10 m issued by the Queensland Fishing Industry Training Council. (h) a tender to a commercial ship, if the tender— (i) is less than 6 m; and (ii) is operated by the holder of a recreational ship master’s licence; (i) a ship operated in a way that complies with the Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 or the Transport Operations (Marine Safety—Hire and Drive Ships) Standard 2000 . (3) In subsection (2)(c) and (d)— “provider” includes an employee of the provider.

s 58 59 s 58 Transport Operations (Marine Safety) Regulation 1995 Division 2—Masters, crew members and pilots to be licensed Subdivision 1—Commercial ships 58 Licence required to operate etc. commercial ship (1) In this section— “commercial ship” means a commercial ship to which part 5, division 3 58 of the Act applies, other than a commercial ship that— (a) is less than 6 m; and (b) does not carry persons other than the ship owner’s employees, unless the ship is operated by— (i) the Queensland Police Service on an ofﬁcial purpose; or (ii) the emergency services department on an ofﬁcial purpose but only in an emergency; or (iii) a department or instrumentality of the State, another State, the Commonwealth or a university for a genuine research or scientiﬁc purpose; and (c) is operated by the holder of a recreational ship master’s licence or a current licence to operate a recreational ship issued under the law of another State. “crew member” means a person who is a chief mate, deck watch keeper, chief engineer, second engineer or engineer watch keeper, within the meaning of section 2, part 4, clause 34 59 of the Code. (2) A person must hold the appropriate licence— (a) to operate a commercial ship as its master; or (b) to act as a crew member of a commercial ship. 58 Part 5 (Registration, licensing, permits and accreditation), division 3 (Licensing of masters, crew members and pilots) of the Act 59 Section 2 (Qualiﬁcations and manning, trading vessels), part 4 (Minimum safety manning of trading vessels), clause 34 (Interpretation) of the Code

s 59 60 s 59 Transport Operations (Marine Safety) Regulation 1995 (3) The appropriate licence for a person to hold for a commercial ship operating in an area is, at least, the class of certificate stated in section 2, part 4, clause 37 60 of the Code for the area. (4) For subsection (3)— (a) a reference in section 2, part 4, clause 37 of the Code to— (i) a trading vessel is taken to be a reference to a commercial ship; and (ii) a certiﬁcate or a certiﬁcation requirement is taken to be a reference to a licence or a licensing requirement; and (iii) a class of certiﬁcate ‘master class 5 endorsed’ is a reference to ‘master class 5’; and (b) the relativity between the classes of certiﬁcates is stated in section 2, part 2, clause 9 61 of the Code. (5) Subsection (6) applies if— (a) a commercial ship is designed to operate with an unattended machinery space; and (b) the ship’s propulsion machinery may be operated from the bridge or wheelhouse; and (c) the ship is on a voyage that— (i) is to be less than 12 hours; and (ii) starts and ends at the same place. (6) For subsection (3), in working out the ship's propulsion power for section 2, part 4, clause 37 of the Code a reference in section 2, part 4, clause 34(h)(i) of the Code to “35 metres” is taken to be a reference to “50 metres”. 59 Licensing exceptions for commercial ships in certain places Despite section 58(3), the appropriate licence is, for a person who— 60 Section 2 (Qualiﬁcations and manning, trading vessels), part 4 (Minimum safety manning of trading vessels), clause 37 (Particular provisions) of the Code 61 Section 2 (Qualiﬁcations and manning, trading vessels), part 2 (General provisions), clause 9 (Relative value of certiﬁcates) of the Code

s 60 61 s 60 Transport Operations (Marine Safety) Regulation 1995 (a) operates as its master, or acts as a chief mate of, a commercial ship 35 m or over but less than 80 m within 50 n miles of the coast or in the Great Barrier Reef Region or the Torres Strait Zone— (i) for the master—at least a master class 4 licence; or (ii) for the chief mate—at least a master class 5 licence; or (b) operates as its master a ship mentioned in section 79(6) 62 —at least a coxswains licence; or (c) acts as chief engineer of a commercial ship in the Great Barrier Reef Region or the Torres Strait Zone— (i) if the propulsion power of the ship is 1 500 kW or more but less than 3 000 kW—at least an engineer class 3 licence; or (ii) if the propulsion power of the ship is 750 kW or more but less than 1 500 kW—at least a marine engine driver grade 1 licence. Subdivision 2—Fishing ships 60 Licence required to operate etc. ﬁshing ship (1) In this section— “crew member” of a fishing ship, means a person who is the chief mate or chief engineer, within the meaning of section 3, part 4, clause 21 63 of the Code. “ﬁshing ship” means a fishing ship to which part 5, division 3 64 of the Act applies, other than a fishing ship that— (a) is a tender to another ﬁshing ship; and (b) does not carry persons other than employees of the ship’s owner; and 62 Section 79 (Operational area of commercial or ﬁshing ships) 63 Section 3 (Qualiﬁcations and manning, ﬁshing vessels), part 4 (Minimum safety manning of ﬁshing vessels), clause 21 (Interpretation) of the Code 64 Part 5 (Registration, licensing, permits and accreditation), division 3 (Licensing of masters, crew members and pilots) of the Act

s 61 62 s 61 Transport Operations (Marine Safety) Regulation 1995 (c) is operated by the holder of a recreational ship master’s licence. (2) A person must hold the appropriate licence to operate a fishing ship as its master or act as a crew member of a fishing ship. (3) The appropriate licence for a person to hold for a ship operating in an area is at least the class of certificate stated in section 3, part 4, clause 24 65 of the Code for the area. (4) In subsection (3)— (a) a reference in section 3, part 4, clause 24 of the Code to a certiﬁcate or a certiﬁcation requirement is taken to be a reference to a licence or a licensing requirement; and (b) the relativity between the classes of certiﬁcates is as stated in section 3, part 2, clause 6 66 of the Code. 61 Licensing exceptions (ﬁshing ship’s master) (1) The appropriate licence is, at least, a coxswain’s licence for a person operating a fishing ship as its master if the ship is— (a) less than 15 m; and (b) operating within the ﬁshing ship operating area. (2) The appropriate licence is, at least, a skipper grade 3 licence for a person operating a fishing ship as its master if the ship is— (a) less than 24 m; and (b) operating— (i) not more than 200 n miles from the coast; or (ii) if the ship is operating within the ﬁshing ship operating area—any distance from the coast more than 200 n miles within the area. (3) The appropriate licence is a licence to operate a recreational ship as its master for a person operating a fishing ship as its master if the ship is— 65 Section 3 (Qualiﬁcations and manning, ﬁshing vessels), part 4 (Minimum safety manning of ﬁshing vessels), clause 24 (Particular provisions. Fishing vessels—Minimum safety manning) of the Code 66 Section 3 (Qualiﬁcations and manning, ﬁshing vessels), part 2 (General provisions), clause 6 (Relative value of certiﬁcates) of the Code

s 62 63 s 62 Transport Operations (Marine Safety) Regulation 1995 (a) a tender commercial ﬁshing boat licensed under the Fisheries Act 1994 ; and (b) operating only in its licensed area of operation under the Fisheries Act 1994 . (4) Subsections (1) to (3) apply despite section 60(3). 62 Licensing exceptions (ﬁshing ship’s chief engineer) (1) The appropriate licence is, at least a marine engine driver grade 3 licence for a person acting as the chief engineer of a fishing ship if— (a) the propulsion power of the ship is less than 300 kW; and (b) the ship is operated— (i) not more than 200 n miles from the coast; or (ii) if the ship is operating within the ﬁshing ship operating area—any distance from the coast more than 200 n miles within the area. (2) The appropriate licence is, at least, a marine engine driver grade 1 licence for a person acting as the chief engineer of a fishing ship if— (a) the propulsion power of the ship is more than 750 kW but less 1 500 kW; and (b) the ship is operated— (i) not more than 50 n miles from the coast; or (ii) if the ship is operating within the ﬁshing ship operating area—any distance from the coast more than 50 n miles within the area. (3) The appropriate licence is, at least, an engineer, class 3 for a person acting as the chief engineer of a fishing ship if— (a) the propulsion power of the ship is 1500 kW or greater; and (b) the ship is operated within 600 n miles from the coast. (4) Subsections (1) to (3) apply despite section 60(3).

s 63 64 s 65 Transport Operations (Marine Safety) Regulation 1995 Subdivision 3—Recreational ships 63 Licence required to operate recreational ship as its master (1) A person must hold an appropriate licence to operate a recreational ship as its master. (2) In this section— “appropriate licence” means any of the following— (a) a recreational ship master’s licence; (b) a current licence to operate a recreational ship issued under the law of another State; (c) a licence to operate a commercial or ﬁshing ship as its master. Subdivision 4—Pilot’s licence 64 Licence required to have the conduct of a ship as its pilot A person must hold a pilot’s licence to have the conduct of a ship as its pilot. Division 3—Issue of and qualiﬁcations for licences 65 Chief executive and general manager may issue licences (1) The chief executive may issue the class of licence mentioned in schedule 2, column 1, item 3. (2) The general manager may issue all other classes of licences mentioned in schedule 2— (a) to operate a ship as its master; or (b) to act as a crew member of a ship; or

s 66 65 s 67 Transport Operations (Marine Safety) Regulation 1995 (c) to have the conduct of the ship as its pilot. (3) The procedure for obtaining a licence is in part 6. 67 66 Qualiﬁcations for licences for commercial and ﬁshing ships The general manager may grant an application for a licence of the type speciﬁed in schedule 2, column 1 68 only if the applicant has the qualiﬁcations under section 2 or 3 69 of the Code for the certiﬁcate appearing opposite in schedule 2, column 2. 70 67 Qualiﬁcations for recreational ship master’s licence (1) The chief executive may grant an application for a licence to operate a recreational ship as its master only if the applicant— (a) is 16 years or more; and (b) has a reasonable knowledge of— (i) the Act and this regulation as they effect recreational ships; and (ii) the Collision Regulations; and (c) is reasonably competent in seafaring skills and safe operating practices for recreational ships; and (d) passes an eyesight test conducted by the chief executive. (2) A person is taken to have the competency required under subsection (1)(c) if the person has satisfactorily completed a course in seafaring skills and safe operating practices for recreational ships provided by a training provider approved by the chief executive under section 73. 67 Part 6 (Authorities) 68 Schedule 2 (Classes of licences), column 1 (Licences) 69 Section 2 (Qualiﬁcations and manning, trading vessels) or 3 (Qualiﬁcations and manning, ﬁshing vessels) of the Code 70 Schedule 2 (Classes of licences), column 2 (Certiﬁcates under Code)

s 68 66 s 69 Transport Operations (Marine Safety) Regulation 1995 68 Chief executive or general manager may recognise other qualiﬁcations (1) This section applies despite sections 66 and 67 if—— (a) an applicant for a licence under section 66 or 67 does not have the qualiﬁcations required for the licence under the section; and (b) the chief executive or general manager is satisﬁed the applicant has other qualiﬁcations, experience or training the chief executive or general manager is satisﬁed is equivalent to, or better than, the qualiﬁcations required under the section. (2) Despite the sections, the chief executive or general manager may issue the licence to the applicant. 69 Qualiﬁcations for licence as ship’s pilot (1) The general manager may grant an application for a licence to have the conduct of a ship as its pilot in a pilotage area, or part of a pilotage area, only if the applicant satisﬁes the general manager the applicant has— (a) either— (i) a licence to operate a ship as its master of a class appropriate for the ships ( “ships” ) the person would have the conduct of as pilot in the pilotage area; or (ii) skills and experience that in the opinion of the general manager are equivalent to the skills and experience of a person holding a licence mentioned in subparagraph (i); and (b) appropriate ship handling ability to have the conduct of the ships as its pilot; and (c) a detailed knowledge of the pilotage area, or part of the pilotage area, for which the licence is sought. (2) However, if the class of licence applied for by an applicant is probationary pilot, the general manager may grant the application for the licence despite the applicant not satisfying the general manager under subsection (1)(b).

s 71 67 s 73 Transport Operations (Marine Safety) Regulation 1995 71 Examinations of applicants for licences (1) The chief executive may conduct examinations, in a way the chief executive considers necessary, to test whether an applicant for a recreational ship licence has the qualiﬁcations for the licence under this regulation. (2) The general manager may conduct examinations, in a way the general manager considers necessary, to test whether an applicant for a commercial or ﬁshing ship licence has the qualiﬁcations for the licence under this regulation. 72 Approval of entity to conduct examinations (1) The general manager may, on any conditions the general manager considers reasonable, approve an entity to conduct examinations for licences only if the entity qualifies as an entity to conduct the examinations under a standard made for this section. (2) An entity approved under subsection (1) may conduct examinations as if it were the general manager. (3) In exercising a power under subsection (2), an approved entity is subject to any conditions of the approval and directions of the general manager about the conduct of examinations. (4) The procedure for obtaining the approval is in part 6. 71 73 Approval of entity to provide training (1) The general manager may, on any conditions the general manager considers reasonable, approve an entity to conduct training programs in the operation of ships only if the entity qualifies as an entity to conduct training programs under a standard made for this section. (2) The procedure for obtaining the approval is in part 6. 71 Part 6 (Authorities)

s 74 68 s 74A Transport Operations (Marine Safety) Regulation 1995 Division 4—Hovercraft 74 Hovercraft (1) A person who holds a licence to operate a commercial ship as its master is not appropriately licensed to operate a commercial ship that is a hovercraft unless— (a) the person satisﬁes the general manager the person is competent to operate a hovercraft of the intended size in the intended area of operation; and (b) the general manager amends the person’s licence to permit the operation of the hovercraft in the intended area of operation. (2) The general manager may require the person to give the general manager a practical demonstration of the person’s skills in operating a hovercraft. (3) If the general manager is satisfied a person is competent to operate a hovercraft the general manager must amend the person’s licence accordingly. (4) The procedure for amending the licence is in part 6, division 4. 72 (5) This section applies despite sections 58 and 66. Division 4A—Wing in ground effect craft 74A Wing in ground effect craft (1) A person is not appropriately licensed to operate a commercial ship that is a wing in ground effect craft unless— (a) the person satisﬁes the general manager the person is competent to operate a wing in ground effect craft of the intended size in the intended area of operation; and (b) the general manager issues a licence to the person to operate the wing in ground effect craft in the intended area of operation. 72 Part 6 (Authorities), division 4 (Amendment of authority)

s 75 69 s 76 Transport Operations (Marine Safety) Regulation 1995 (2) The general manager may require the person to give the general manager a practical demonstration of the person’s skills in operating a wing in ground effect craft. (3) If the general manager is satisfied a person is competent to operate a wing in ground effect craft, the general manager must issue a licence to the person to operate the wing in ground effect craft. (4) The procedure for obtaining a licence is in part 6, division 2. 73 (5) This section applies despite sections 58 and 66. 74 Division 5—Temporary permits 75 Application This division applies to the following ships— (a) a commercial ship within the meaning of section 58(1); 75 (b) a ﬁshing ship within the meaning of section 60(1). 76 76 General manager may issue temporary permit for master or crew member (1) The general manager may issue a permit to a person to operate a ship as its master, or to act as crew member of a ship, on a particular voyage. (2) The general manager may only issue a permit if the general manager is satisfied— (a) the person is, for the voyage, competent to— (i) operate the ship as its master; or (ii) act as crew member of the ship; and (b) maritime safety will not be endangered on the voyage; and 73 Part 6 (Authorities), division 2 (How authority is obtained) 74 Sections 58 (Licence required to operate etc. commercial ship) and 66 (Qualiﬁcations for licences for commercial and ﬁshing ships) 75 Section 58 (Licence required to operate etc. commercial ship) 76 Section 60 (Licence required to operate etc. ﬁshing ship)

s 77 70 s 78 Transport Operations (Marine Safety) Regulation 1995 (c) the voyage is necessary to maintain the effectiveness and efﬁciency of the Queensland maritime industry. (3) The term of the permit must not be longer than 28 days. (4) The procedure for obtaining the permit is in part 6. 77 (5) Subsection (1) applies despite another provision of this part. 77 Permit holder taken to be appropriately licensed if complying with conditions (1) A person to whom a permit under section 76(1) is issued is taken to be appropriately licensed to operate the relevant ship as its master, or act as crew member of the relevant ship, for section 58 or 60. 78 (2) However, if the person does not comply with the conditions to which the permit is subject, subsection (1) does not apply to the person. PART 5—OPERATING SHIPS Division 1—Regulations to which section 43(2)(b)(ii) of the Act applies 78 Declaration about provisions for general safety obligation The sections stated in schedule 3 79 are the provisions of this regulation to which section 43(2)(b)(ii) 80 of the Act applies. 77 Part 6 (Authorities) 78 Section 58 (Licence required to operate etc. commercial ship) or 60 (Licence required to operate etc. ﬁshing ship) 79 Schedule 3 (Provisions of regulation to which section 43(2)(b)(ii) of the Act applies) 80 Section 43 (General obligation on persons involved with operation of ship to operate it safely) of the Act

s 79 71 s 79 Transport Operations (Marine Safety) Regulation 1995 Division 2—Operational areas and persons carried 79 Operational area of commercial or ﬁshing ships (1) This section applies if a commercial or fishing ship’s registration certificate does not include a condition about the ship’s operational area. (2) The owner or master of the ship must not operate the ship in waters beyond the waters stated in the Code for a ship of the same class as the ship unless another operational area is stated for the ship in this regulation. Maximum penalty—200 penalty units. (3) The operational area for a class 1C or 2C commercial ship and a class 3C fishing ship is— (a) not more than 50 n miles from the coast; or (b) if the ship is operated within the Great Barrier Reef Region or the Torres Strait zone—any distance from the coast more than 50 n miles within the region or zone. (4) A class 1E commercial ship that is a pontoon may operate within the Great Barrier Reef Region. (5) For subsection (4)— “pontoon” means a pontoon that— (a) is unpowered and permanently anchored; and (b) if a class 1 commercial ship capable of carrying everyone on the pontoon is not moored to it—is equipped with the safety equipment that would be required for a class 1 commercial ship operating lawfully in the area where the pontoon is anchored. (6) The operational area for a class 1D or E or a class 2D or E commercial ship that is permanently based at a pontoon mentioned in subsection (4) is, if the pontoon is anchored outside the operational area for those ships, the area in which the ship is in sight of and is able to communicate with the pontoon. (7) The operational area for a class 1D, 1E, 2D or 2E commercial ship that is a tender to a commercial ship (the “main ship” ) is within 5 n miles of the main ship.

s 80 72 s 83 Transport Operations (Marine Safety) Regulation 1995 80 Commercial ship not to carry excess persons The owner or master of a commercial ship must not carry on the ship, or on a part of the ship, more persons than is stated for the ship, or part, in the ship’s registration certiﬁcate. Maximum penalty—200 penalty units. Division 3—Compliance with certain provisions of Code 81 Ship to be operated as required by Code, s 15 The master of a registrable commercial or ﬁshing ship must comply with section 15, parts 1 and 2 81 of the Code when operating the ship. Maximum penalty—200 penalty units. Division 4—Load line certiﬁcates 82 Deﬁnitions In this division— “appropriately accredited” , for a ship designer or marine surveyor, means accredited as a ship designer or marine surveyor for load line. “ship” means a registrable commercial ship other than a ship for which— (a) a load line certiﬁcate, or an exemption from a requirement for a load line certiﬁcate, has been granted under the law of another State; or (b) a current restricted use ﬂag has been issued. 83 Application (1) This division applies to a ship that is a “vessel” within the meaning of section 7, part 1, clause 3.15 82 of the Code as changed by this section. 81 Section 15 (Emergency procedures and safety of navigation), parts 1 (Preliminary) and 2 (Emergency procedures) of the Code 82 Section 7 (Load lines), part 1 (Preliminary) of the Code

s 84 73 s 85 Transport Operations (Marine Safety) Regulation 1995 (2) A reference in section 7, part 1, clause 3.15 of the Code to “16 metres” is taken to be a reference to “24 metres”. 84 General manager may issue load line certiﬁcate for ship (1) A person may apply to the general manager for a load line certificate for a ship. (2) The general manager may issue the certificate only if the person asking for it gives the general manager a certificate of compliance for the ship’s load lines from an appropriately accredited ship designer or marine surveyor. (3) The certificate of compliance must have been issued within 1 month before the date of the application for the load line certificate. (4) The procedure for obtaining a ship’s load line certificate is in part 6. 83 85 Code, s 7 applies to assignment of freeboard etc. (1) Section 7, parts 2, 3, 5, 6, 10 and 11 84 of the Code apply with the changes made by subsection (3) and all other necessary changes when a ship’s freeboard is being assigned and its load line marked. (2) Only an appropriately accredited ship designer or marine surveyor may assign a ship’s freeboard and mark the ship‘s load line. (3) In section 7, parts 2, 3, 5, 6, 10 and 11 of the Code, a reference to “authority” , “assigning authority” or “survey authority” is taken to be a reference to an appropriately accredited ship designer or marine surveyor. (4) For section 7, part 6, clause 56 of the Code, 85 the mark of the assigning authority that assigns the ship’s freeboard is to be “QA”. 83 Part 6 (Authorities) 84 Section 7 (Load lines), parts 2 (Conditions of assignment), 3 (Structural strength and stability of vessels), 5 (Calculation and assignment of freeboards), 6 (Marking load lines and associated marks), 10 (Appropriate load lines) and 11 (Modiﬁcations applicable to seagoing vessels less than 24 m in length and to vessels operating within smooth and partially smooth waters) of the Code 85 Section 7 (Load lines), part 6 (Marking load lines and associated marks), clause 56 (Assigning authority marks) of the Code

s 86 74 s 87 Transport Operations (Marine Safety) Regulation 1995 86 Ship not to be operated unless load line certiﬁcate issued (1) The owner and master of a ship must not operate the ship unless a current load line certificate has been issued for the ship. Maximum penalty—100 penalty units. (2) In this section— “load line certiﬁcate” means a load line certificate issued— (a) under this regulation; or (b) by another State, a classiﬁcation society or a marine authority of a foreign country under the International Convention on Load Lines 1966. 86A Displaying ship’s load line certiﬁcate (1) The owner and master of a ship for which a current load line certificate is issued must ensure that the certificate is displayed in a conspicuous place, and in a way that it can be read by anyone, on the ship. Maximum penalty—100 penalty units. (2) However, if it is not reasonably practicable to comply with subsection (1), the ship’s owner and master must ensure that the ship’s load line certificate is kept aboard the ship. Maximum penalty—100 penalty units. 87 Code, s 7 applies to operation of ship (1) The owner and master of a ship must, when operating the ship, comply with section 7, part 14 of the Code. 86 Maximum penalty—200 penalty units. (2) The owner and master of a ship does not commit an offence under subsection (1) if section 7, part 15, clause 78 87 of the Code applies to the ship. 86 Section 7 (Load lines), part 14 (Overloading) of the Code 87 Section 7 (Load lines), part 15 (Miscellaneous), clause 78 (Permissible overloading) of the Code

s 88 75 s 90 Transport Operations (Marine Safety) Regulation 1995 88 Stability documents to be carried on ship The owner and master of a ship must, when operating the ship, have aboard it the stability documents stated for the ship in section 8, subsection A, clause A.4 of the Code. 88 Maximum penalty—100 penalty units. 89 Renewal of load line certiﬁcate (1) The general manager may renew a load line certificate only if the person asking for the renewal gives the general manager a certificate of compliance about the ship’s load line from an appropriately accredited ship designer or marine surveyor. (2) The certificate of compliance must have been issued within 1 month before the date of the application for the renewal of the load line certificate. (3) Subsection (1) applies despite part 6. Division 5—Signals 90 Signals of distress (1) The following signals are to be used as prescribed signals of distress 89 — (a) a V sheet; (b) the signals stated in section 16, annex IV, clauses 1 and 3 90 of the Code. (2) A person may use or display a prescribed signal of distress only for indicating distress or a need for help. (3) A person must revoke a prescribed signal of distress when the distress or need for help finishes. 88 Section 8 (Stability), subsection A (Preliminary), clause A.4 (Presentation of data) of the Code 89 See also section 214 (Regulations about signals of distress) of the Act. 90 Section 16 (Collision Regulations), Annex IV (Distress signals), clauses 1 and 3 of the Code

s 91 76 s 92B Transport Operations (Marine Safety) Regulation 1995 91 Authority to use or display prescribed signal for training or demonstration (1) Despite section 90(2), the general manager may authorise a person to use or display a prescribed signal of distress for genuine training or demonstration purposes. (2) The procedure for obtaining the authority is stated in part 6. 91 92 Prescribed signal and information—Act, s 129 (1) The signal for section 129(2) 92 of the Act is the word ‘SECURITE’ spoken 3 times. (2) The information required under section 129(2) and (3) of the Act about a danger to navigation is the information appropriate to the danger stated in section 15, clause 18 93 of the Code. Division 5A—Reporting ship movements to VTS 92A Deﬁnitions for div 5A In this division— “area VTS” , for a pilotage area, means the vessel traffic services operated by the general manager in the pilotage area. “dangerous cargo” means dangerous cargo under division 11. “radio” means VHF radio. “small ship” means a ship less than 35 m. 92B Application of div 5A This division, other than section 92H, applies to a ship only if it is 1 of the following and is ﬁtted with radio— 91 Part 6 (Authorities) 92 Section 129 (Report of dangers to navigation) of the Act 93 Section 15 (Emergency procedures and safety of navigation), clause 18 (Information required in messages) of the Code

s 92C 77 Transport Operations (Marine Safety) Regulation 1995 s 92C (a) a ship that is 35 m or more; (b) a small ship (the “relevant ship” ) if— (i) it is combined with another small ship for propelling one of the ships; and (ii) the length of the combined ships is 35 m or more; and (iii) the master of the relevant ship has command of the combination; (c) a small ship whose master asks for the services of a pilot; (d) a small ship whose master is directed by a harbour master to use the services of a pilot; (e) a small ship carrying dangerous cargo; (f) a small ship (the “relevant ship” ) if— (i) it is combined with another small ship for propelling one of the ships; and (ii) the length of the combined ships is less than 35 m and either of the ships is carrying dangerous cargo; and (iii) the master of the relevant ship has command of the combination; (g) a small ship that is a ﬁshing ship that is 10 m or more and operating in a pilotage area or part of a pilotage area stated in schedule 3A; (h) a small ship that is 10 m or more and operating in a pilotage area or part of a pilotage area stated in schedule 3B. 92C Entering pilotage area The master of a ship that is underway and entering, or about to enter, a pilotage area must report to the area VTS by radio the following particulars for the ship— (a) the ship’s name; (b) the ship’s position with reference to the closest aid to navigation; (c) the place in the pilotage area the ship is navigating to; (d) the name and quantity of all dangerous cargo the ship is carrying;

s 92D 78 Transport Operations (Marine Safety) Regulation 1995 s 92D (e) details of damage to, and defects and deﬁciencies in, the ship that could affect the safety of the ship, a person or the environment; (f) if requested by the harbour master for the area— (i) the ship’s draught fore and aft; and (ii) the expected arrival time at the place the ship is navigating to. Maximum penalty—100 penalty units. 92D Navigating ship from berth or anchorage (1) This section applies if the master of a ship that is at a berth, or at anchor, in a pilotage area is about to navigate the ship in the pilotage area. (2) The master must report to the area VTS by radio the following particulars for the ship— (a) the ship’s name; (b) the name of the berth, or if at anchor, the name of the anchorage or the position where the ship is anchored with reference to the closest aid to navigation; (c) if the ship is to leave the area—the place where it will leave the area; (d) if the ship is not leaving the area—the place the ship is navigating to; (e) the name and quantity of all dangerous cargo the ship is carrying; (f) details of damage to, and defects and deﬁciencies in, the ship that could affect the safety of the ship, a person or the environment; (g) if requested by the harbour master for the area— (i) the ship’s draught fore and aft; and (ii) the expected arrival time at the place the ship is navigating to. Maximum penalty for subsection (2)—100 penalty units.

s 92E 79 Transport Operations (Marine Safety) Regulation 1995 s 92G 92E Reaching destination (1) When a ship mentioned in section 92C or 92D arrives at its destination in a pilotage area, its master must, as soon as practicable after the ship has been made fast or is anchored, report to the area VTS by radio the following particulars for the ship— (a) if the ship is secured at a berth—the time at which the ship was fully secured; or (b) if the ship is anchored—the time at which the ship was brought up at anchor. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to a ship leaving a pilotage area. (3) However, when a ship leaves a pilotage area its master must report to the area VTS by radio the time of leaving the area. Maximum penalty for subsection (3)—100 penalty units. 92F Ships entering pilotage area using services of a pilot (1) This section applies if a ship entering a pilotage area is to be navigated in the area using the services of a pilot. (2) As soon as practicable after the pilot transfers to the ship, its master must report to the area VTS by radio when the transfer was made. Maximum penalty for subsection (2)—100 penalty units. 92G Ships navigating in pilotage area using services of a pilot (1) This section applies if a ship mentioned in section 92D is being navigated in the area using the services of a pilot. (2) As soon as practicable after the ship stops being navigated using the pilot’s services, its master must report to the area VTS by radio when the pilot transfers, or is expected to transfer from the ship. Maximum penalty for subsection (2)—100 penalty units.

s 92H 80 Transport Operations (Marine Safety) Regulation 1995 s 93 92H Report requested by harbour master (1) The harbour master of a pilotage area may direct the master of any ship navigating in the area and equipped with radio to report to the area VTS by radio the following particulars for the ship— (a) its name; (b) its position by reference to an aid to navigation; (c) the place in the pilotage area to which it is navigating. (2) The ship’s master must not contravene the direction unless the master has a reasonable excuse. Maximum penalty for subsection (2)—200 penalty units. 92I Obligation under s 153 not limited This division is in addition to and does not limit a person’s obligations under section 153. 94 92J Radio frequencies The radio frequencies used by an area VTS are stated in notices to mariners published by the Maritime Safety Agency of Queensland. 95 Division 6—Prevention of collisions 93 Application of Collision Regulations The Collision Regulations have effect as if they were part of this regulation. 94 Section 153 (Owner or master to report shipping movements in pilotage area) 95 The notices are available for inspection at the ofﬁces of the Maritime Safety Agency of Queensland or at <www.msq.qld.gov.au>.

s 94 81 s 95 Transport Operations (Marine Safety) Regulation 1995 94 Person operating ship to comply with Collision Regulations (1) A person involved with a ship’s operation (including the owner, master, pilot and a member of the crew) must comply with the Collision Regulations. (2) Subsection (1) is a regulation to which section 211(2) 96 of the Act applies. (3) In this section— “ship” includes an aircraft when it is on water or is taking off, or landing on, water. Division 7—Speed limits and wash 95 Speed limit for ship operating near person in water etc. (1) A person must not operate a ship (including a personal watercraft) at a speed of more than 6 knots in waters— (a) within 30 m of any of the following— (i) a person in the waters; (ii) a ship at anchor, moored or made fast to the shore or aground; (iii) a jetty, wharf, boat ramp or pontoon in or on the waters; (iv) a ﬂoat or structure exhibiting a code A ﬂag or other commonly accepted signal indicating the presence of a diver in the waters; and (b) for which a speed limit of 6 knots or lower has not been stated under a gazette notice. Maximum penalty—200 penalty units. (2) Also, a person must not operate a personal watercraft at a speed of more than 6 knots in waters within 60 m of a person in the waters. Maximum penalty—200 penalty units. 96 Section 211 (Regulation may give effect to treaties, conventions or international agreements or documents) of the Act

s 96 82 s 104 Transport Operations (Marine Safety) Regulation 1995 96 Speed limit if ship causing damage by its wash A person must not operate a ship at a speed at which the ship’s wash is reasonably capable of causing— (a) a marine incident; or (b) damage to the shoreline. Maximum penalty—200 penalty units. 97 No offence if ship operated at speed necessary for safety A person does not commit an offence against section 95 or 96 if— (a) a ship must be operated at a speed (the “ship’s control speed” ) more than the highest speed at which the ship may be operated under section 95 or 96 (the “statutory speed” ) because it is unsafe for the ship to be operated at a speed less than the ship’s control speed; and (b) the person operated the ship at a speed more than the statutory speed only to the extent that it was reasonable for the safe operation of the ship. Division 8—Certain provisions not applicable to enforcement ofﬁcers 104 Certain operational and licensing provisions not to apply to enforcement ofﬁcers (1) This section applies to an enforcement officer who— (a) holds a licence to operate a commercial ship as its master; and (b) operates a ship in carrying out the ofﬁcer’s duties. (2) Despite sections 58, 94 to 96, 179 and 180 the officer may, if reasonably necessary in performing the officer’s duties, operate the ship— (a) beyond the operational area stated in the ofﬁcer’s licence; or (b) at any safe speed; or (c) displaying lights and sounding a repeater horn or siren in addition to the lights and sound devices required for operating the ship under the Collision Regulations; or

s 106 83 Transport Operations (Marine Safety) Regulation 1995 s 107 (d) in a place mentioned in section 179 or 180. (3) In this section— “enforcement ofﬁcer” means— (a) a police ofﬁcer; or (b) an ofﬁcer of the Queensland Boating and Fisheries Patrol. “operate” a ship, includes anchor, berth and moor the ship. Division 9—Operating documents and records for ship 106 Certain documents to be kept on certain ships etc. (1) This section applies to a ship over 6 m if it is— (a) a registrable commercial ship operating within Queensland waters; or (b) a registrable ﬁshing ship operating beyond partially smooth waters. (2) The owner and master of the ship must ensure the following documents are aboard the ship, are available to the ship’s crew and the crew is familiar with the contents— (a) the operational manual for the ship; (b) the technical manual for the ship; (c) the maintenance and service manual for the ship; (d) the marine occupational health and safety manual for the ship; (e) the safety management plan for the ship for onboard emergencies. Maximum penalty—100 penalty units. 107 Owner and master of ship to ensure records etc. are kept (1) This section applies to the following ships— (a) a registered commercial ship; (b) a registered ﬁshing ship;

s 108 84 Transport Operations (Marine Safety) Regulation 1995 s 108 (c) a registrable ship mentioned in paragraph (a) or (b) that is not registered. (2) The owner and master of a ship must ensure the operating records about the matters mentioned in schedule 5 97 are kept. Maximum penalty—100 penalty units. (3) The owner and master of a ship must ensure that— (a) entries in the operating records are complete, accurate and up-to-date; and (b) the operating records are kept in a secure place; and (c) an entry in the operating records is kept for at least 5 years from the day it was made. Maximum penalty—100 penalty units. (4) The owner and master of a ship must not, before the time mentioned in subsection (3)(c)— (a) deface, erase or obliterate an entry in the operating records; or (b) allow someone else to do an act mentioned in paragraph (a). Maximum penalty—100 penalty units. (5) Subsection (3)(b) does not apply to an open ship if it is impracticable to keep the documents aboard the ship. 108 Shipping inspector may require production of licence (1 ) A shipping inspector who boards a ship under section 165 98 of the Act may require a person holding a licence to operate the ship as its master, or to act as a crew member of the ship, to produce the licence for inspection. (2) The person must produce the licence, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. 97 Schedule 5 (Operating records for a ship) 98 Section 165 (Boarding of ships and entry of vehicles) of the Act

s 109 85 Transport Operations (Marine Safety) Regulation 1995 s 110 (3) However, a person required by a shipping inspector to produce the person’s licence does not commit an offence if the person— (a) holds the appropriate licence; and (b) produces the licence to the ofﬁcer in charge of an ofﬁce speciﬁed by the shipping inspector within 48 hours after the requirement is made. (4) In this section— “ofﬁce” means— (a) an ofﬁce of the Maritime Safety Agency of Queensland; or (b) an ofﬁce of the Queensland Boating and Fisheries Patrol; or (c) a police station. Division 10—Orderly control for certain ships 109 Application of Act, pt 14, div 2 All commercial ships on Queensland intrastate voyages 99 are ships to which part 14, division 2 100 of the Act applies. Division 11—Dangerous cargoes 110 Deﬁnitions In this division— “approved chemist” has the meaning given by part 41 of the Marine Orders. “combination carrier” has the meaning given by MARPOL. “dangerous cargo” means any of the following cargoes, whether packaged, carried in bulk packagings or in bulk— 99 See section 11 (General application of Act to ships) of the Act and section 4 (Deﬁnitions) of the Act, deﬁnition “Queensland intrastate voyage”. 100 Part 14 (Orderly control over ships), division 2 (Passenger carrying ships) of the Act

s 110 86 Transport Operations (Marine Safety) Regulation 1995 s 110 (a) crude oil and petroleum products with a ﬂash point not more than 60º C; (b) dangerous goods; (c) liqueﬁed gases mentioned in the Codes for the Construction and Equipment of Ships Carrying Liqueﬁed Gases in Bulk issued by the IMO; (d) liquid chemicals mentioned in the Codes for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk issued by the IMO and Annex II of MARPOL. “dangerous cargo code” means any of the following— (a) the Code of Safe Practice for Solid Bulk Cargoes issued by the IMO, as it applies to materials mentioned in Appendix B of that Code; (b) the IMDG Code; (c) the International Safety Guide for Oil Tankers and Terminals ( “ISGOTT” ) issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours; (d) the Ship to Ship Transfer Guide (Liqueﬁed Gases) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; (e) the Ship to Ship Transfer Guide (Petroleum) issued by the International Chamber of Shipping and the Oil Companies International Marine Forum; (f) the Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping; (g) the Tanker Safety Guide (Liqueﬁed Gas) issued by the International Chamber of Shipping. “dangerous cargo event” means— (a) for a dangerous cargo— (i) the loss, or likely loss, of the cargo from a ship into Queensland waters; or (ii) a breach, or danger of a breach, of the containment of the cargo that could endanger marine safety; or

s 110 87 Transport Operations (Marine Safety) Regulation 1995 s 110 (iii) anything else involving, or that could involve, the cargo that causes risk of explosion, ﬁre, a person’s death, or grievous bodily harm to a person; or (b) for a cargo that is an MHB—an event that causes a risk of explosion, ﬁre, a person’s death, or grievous bodily harm to a person. “dangerous goods” means the goods mentioned in the IMDG Code. 101 “explosives” has the meaning given by the IMDG Code. “gas free” , for a place on a combination carrier, means enough fresh air has been introduced into the place to lower the level of any toxic or flammable inert gas or vapour in the atmosphere in the place to the following levels— (a) for a place that contained toxic gas—the level at which the atmosphere in the place contains a concentration of the gas less than the concentration stated for the gas in Exposure Standards for Atmospheric Contaminants in the Occupational Environment published by the Standards Association of Australia; (b) for a place that contained ﬂammable gas—the level at which the atmosphere in the place contains a concentration of the ﬂammable gas not more than 1% of the lower ﬂammable limit for the gas when sampled at ambient temperature in the way stated in ISGOTT. “handle” includes carry, discharge, load, move, restow, stack, stow and unload and an operation incidental to any of those activities. “IMDG Code” means the International Maritime Dangerous Goods Code published by IMO. “IMO” means the International Maritime Organization. “inert condition” has the meaning given by ISGOTT. “local marine service” means a shipping service where a ship is operated on Queensland intrastate voyages to handle dangerous cargo. 101 The dangerous goods mentioned are the dangerous goods to which part A, chapter 7 of the International Convention for the Safety of Life at Sea, 1974, and its Protocols of 1978 (SOLAS) applies.

s 111 88 Transport Operations (Marine Safety) Regulation 1995 s 113 “lower ﬂammable limit” , for a hydrocarbon gas, means the concentration of the gas in the air below which there is not enough hydrocarbon to support and propagate combustion. “materials hazardous only in bulk” or “MHBs” has the meaning given by the Code of Safe Practice for Solid Bulk Cargoes issued by IMO. 111 Duties of person sending dangerous cargo by ship (1) A person must not send a dangerous cargo (other than dangerous goods) by ship unless, before sending the cargo, the person gives the master of the ship a written notice about the cargo stating the following— (a) the proper shipping name of the cargo; (b) the UN number for the cargo stated in the IMDG Code; (c) the quantity of the cargo; (d) if the cargo has a ﬂash point—its ﬂash point or ﬂash point range. Maximum penalty—200 penalty units. (2) A person must not send dangerous goods by ship unless the person— (a) packs, secures, marks, labels, placards (for a cargo transport unit) and documents the goods as required by the IMDG Code; and (b) gives to the master of the ship the documents required under the IMDG Code. (3) Subsection (2) is a regulation to which section 213(3) 102 of the Act applies. 112 Application of dangerous cargo codes The dangerous cargo codes have effect as if they were part of this regulation. 113 Duties of owner and master of ship about dangerous cargo (1) The owner and master of a ship handling a dangerous cargo (other than dangerous goods) on the ship must, so far as is reasonably practicable, 102 Section 213 (Regulations about dangerous substances) of the Act

s 114 89 Transport Operations (Marine Safety) Regulation 1995 s 114 comply with the appropriate dangerous cargo code for the cargo while handling the cargo. Maximum penalty—200 penalty units. (2) The owner and master of a ship handling dangerous goods on the ship must, so far as is reasonably practicable, comply with the IMDG Code. (3) Section 213(3) of the Act applies to subsection (2). (4) In this section— “dangerous cargo” includes a cargo that is an MHB. 114 Reporting requirements for ships loading etc. dangerous cargo (1) This section applies if a ship— (a) other than a ship mentioned in paragraph (c) is carrying dangerous cargo and— (i) is to arrive at, or depart from, a pilotage area; or (ii) at a berth or anchorage in a pilotage area— (A) is to be removed to another berth or anchorage in the pilotage area; or (B) is to transfer the cargo to another ship in the pilotage area; or (b) other than a ship mentioned in paragraph (c)—is to load dangerous cargo while in a pilotage area; or (c) is to be operated on a local marine service. (2) The owner and master of the ship must report the following in the approved form and as otherwise required by this section— (a) the expected arrival, departure, removal, transfer, or loading of the ship; (b) the start of the local marine service and voyages under it. Maximum penalty—200 penalty units. (3) However if, for an event mentioned in subsection (1), the dangerous cargo is dangerous goods— (a) the penalty provision for subsection (2) does not apply; and

s 114 90 Transport Operations (Marine Safety) Regulation 1995 s 114 (b) subsection (2) is a regulation to which section 213(3) of the Act applies. (4) A report under subsection (2) must be made as follows— (a) for an arrival—not less than 48 hours before the expected arrival; (b) for a departure or removal—not less than 3 hours before the expected departure or removal; (c) for a transfer—not less than 24 hours before the expected transfer; (d) for the loading of a ship—not less than 24 hours before loading is expected to start; (e) for a local marine service— (i) for the start of the service—not less than 48 hours before the start of the service; and (ii) for subsequent voyages—at the time (if any) the person to whom the report is made under paragraph (f) considers reasonable and gives written notice of the time to the owner or master of the ship. (5) If the event mentioned in subsection (4) is— (a) in a pilotage area—the report must be made to the relevant harbour master; or (b) outside a pilotage area—the report must be made to the general manager. (6) The general manager may, by gazette notice, change a time mentioned in subsection 4(a) to (e)(i), for a particular place, if the general manager is satisfied the change is necessary in the place to— (a) ensure marine safety; or (b) enable the effectiveness and efﬁciency of the Queensland marine industry to be developed. (7) The owner and master of a ship operating the ship on a local marine service must notify the general manager within 14 days after the owner and master stops the service. Maximum penalty—50 penalty units.

s 115 91 Transport Operations (Marine Safety) Regulation 1995 s 116 115 Reporting dangerous cargo event (1) This section applies if a person in charge of a place where a ship is, or is about to be, berthed, or the owner or master of a ship, becomes aware that a dangerous cargo event has happened at the place or on the ship. (2) The person, or the owner or master of the ship, must report the incident in the approved form and as required by subsection (3). Maximum penalty—100 penalty units. (3) The report of the incident must be made— (a) as soon as reasonably practicable after the person or owner or master ﬁnds out about it; and (b) if the incident happens in— (i) a pilotage area—to the harbour master of the area; or (ii) in Queensland waters outside a pilotage area—to the general manager. 116 General manager may require declaration about ship’s cargo (1) This section applies if the general manager believes on reasonable grounds that a ship in Queensland waters, other than the waters of a pilotage area, is carrying dangerous cargo. (2) The general manager may ask the owner or master of the ship to tell the general manager about the cargo the ship is carrying. (3) The request may be made in the quickest and most convenient way. (4) If the request is not written, the general manager must make a written note of the request and its details. (5) The note is evidence that the request was made. (6) The owner and master of the ship must comply with the request by radio, or another form of electronic communication, in the shortest practicable time unless the owner or master has a reasonable excuse. Maximum penalty—200 penalty units.

s 117 92 Transport Operations (Marine Safety) Regulation 1995 s 118 117 Restriction on loading combination carrier The owner and master of a combination carrier that has carried bulk liquid dangerous cargo must not, in a pilotage area, load it with bulk solid cargo unless— (a) an approved chemist has— (i) tested the atmosphere in all places on the carrier that have previously contained the dangerous cargo to ensure that they are gas free in the way stated in ISGOTT; and (ii) veriﬁed that the ship’s tanks containing slops are in an inert condition; and (iii) if the places are gas free and the tanks are in an inert condition—issued a safety test certiﬁcate in the approved form for the ship; and (b) the owner or master has given the harbour master a copy of the certiﬁcate. Maximum penalty—200 penalty units. 118 Exceptions to restrictions under s 117 (1) Section 117 does not apply to a combination carrier if— (a) the carrier has not been loaded with bulk liquid dangerous cargoes on its 3 latest loaded voyages; and (b) after the latest voyage when the carrier carried a bulk liquid dangerous cargo, consisting of something mentioned in the deﬁnition “dangerous cargo”, paragraph (a), an approved chemist— (i) tested the atmosphere in all places on the carrier that have previously contained the cargo in the way stated in ISGOTT; and (ii) veriﬁed that tanks on the ship containing slops are in an inert condition; and (iii) issued a safety test certiﬁcate in the approved form for the ship; and (c) the owner or master of the carrier has given the harbour master—

s 119 93 Transport Operations (Marine Safety) Regulation 1995 s 122A (i) a copy of the certiﬁcate; and (ii) a statement in the approved form about the voyages and cargoes mentioned in paragraph (a). (2) In this section— “approved chemist” includes a person authorised under a law of a foreign country about marine safety to issue a certificate that a ship, or a place on a ship, is gas free. 119 Obligations under s 113 not limited Sections 117 and 118 do not limit the obligations of the owner and master of the ship under section 113. Division 12—Other operational issues 122A Start of certain business activities to be notiﬁed (1) This section applies if the owner or master of a commercial ship starts using the ship in carrying on business for any of the following purposes— (a) carrying passengers for reward; (b) providing the ship for someone else to use as a commercial hire ship; (c) providing a leisure tourism or entertainment activity for a person (other than a passenger mentioned in paragraph (a)) for reward, for example parasailing or waterskiing. (2) The owner or master must give a written advice of the starting of the business as required by subsection (3). Maximum penalty—50 penalty units. (3) The written advice must— (a) if the business is started in— (i) a pilotage area—be given to the harbour master of the area; or

s 123 94 Transport Operations (Marine Safety) Regulation 1995 s 123 (ii) waters outside a pilotage area—be given to the general manager; and (b) contain the following particulars— (i) the person’s name and address; (ii) the starting date of the business; (iii) a brief description of the business and the waters where it will be mainly carried on. (4) If the owner or master stops carrying on the business, the owner or master must notify the harbour master or the general manager in writing within 1 month of when the person stopped carrying on the business. Maximum penalty—50 penalty units. PART 6—AUTHORITIES Division 1—Deﬁnition 123 Deﬁnitions for pt 6 “administering agency” , for an authority under this part, means— (a) for an authority mentioned in paragraph (a) of the deﬁnition “authority” that relates to recreational ships—the chief executive; or (b) otherwise—the general manager. An “authority” is any of the following— (a) an approval; (b) an approval of an entity to conduct exams; (c) an approval of an entity to provide training; (d) an authority to establish a buoy mooring; (e) an authority to hold an aquatic event; (f) an authority to use a restricted use ﬂag;

s 124 95 Transport Operations (Marine Safety) Regulation 1995 s 125 (g) an authority to use or display prescribed signals of distress for training or demonstration; (h) a certiﬁcate of survey issued under section 56; 103 (i) a load line certiﬁcate; (j) a permit issued under section 76; 104 (k) a pilotage exemption; (l) a design approval certiﬁcate. Division 2—How authority is obtained 124 Way application made An application for an authority must— (a) be made to the administering agency in the approved form; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) be accompanied by the appropriate fee for the application. 125 Administering agency to decide application within 28 days (1) The administering agency must decide each application for an authority within 28 days after the application is made. (2) If within the 28 days, the administering agency has told an applicant that the application is not supported by enough information to enable the administering agency to decide the application, the administering agency must decide the application within 28 days after the further information is given to the administering agency. (3) If an application for an authority is an application for the accreditation of a person as a ship designer or builder or a marine surveyor and the general manager grants temporary accreditation to the person under 103 Section 56 (General manager may issue certiﬁcate of survey for ship) 104 Section 76 (General manager may issue temporary permit for master or crew member)

s 126 96 Transport Operations (Marine Safety) Regulation 1995 s 128 section 128, the general manager must decide the application for accreditation before the temporary accreditation ends. (4) Subsections (2) and (3) apply despite subsection (1). 126 Issuing of authority if application granted (1) If the administering agency decides to grant an application for an authority, the administering agency must issue the appropriate authority in the approved form to the applicant within 10 days after making the decision. (2) The authority must include any conditions to which the authority is subject under section 130. 105 127 Term of authority (1) The term of an authority is the term stated in it. (2) However, term of a licence to act as coxswain of a commercial ship or master of a fishing ship is unlimited. 128 Temporary accreditation (1) This section applies if an application for an authority is an application for the accreditation of a person as a ship designer or builder or a marine surveyor. (2) The general manager may grant temporary accreditation to the applicant. (3) The temporary accreditation is in force until the earliest of the following happens— (a) the term of (not longer than 6 months) stated in the accreditation ends; (b) the application is ﬁnally decided by the general manager and the general manager notiﬁes the applicant of the general manager’s decision; 105 Section 130 (Grant of authority on conditions) allows the administering agency to grant an authority on conditions.

s 129 97 Transport Operations (Marine Safety) Regulation 1995 s 130 (c) the temporary accreditation is revoked by the general manager by written notice given to the applicant. (4) Subject to subsections (1) to (3), a reference in this regulation to an authority includes a reference to a temporary accreditation in force under this section. 129 Refusal of application for authority (1) If the administering agency decides to refuse an application for an authority, the administering agency must give written notice to the applicant of the decision within 10 days of the making of the decision. (2) The notice must state— (a) the reasons for the refusal; and (b) that the person may appeal against the decision under part 16 106 of the Act. (3) Without limiting subsection (1), the administering agency may refuse an application for an authority if the administering agency is satisfied— (a) the applicant has contravened marine safety legislation; or (b) the applicant has had another authority under the Act cancelled or suspended; or (c) the applicant has been found guilty, on a plea of guilty or otherwise, of an indictable offence; or (d) the applicant has not paid fees payable under this Act; or (e) if the application is for the registration of a ship—the administering agency is satisﬁed, on reasonable grounds, the ship is not seaworthy even though a certiﬁcate of compliance or survey has been issued for the ship. 130 Grant of authority on conditions The administering agency may grant an application for an authority on conditions the administering agency considers reasonable and relevant. 106 Part 16 (Appeals) of the Act

s 131 98 Transport Operations (Marine Safety) Regulation 1995 s 132 Division 3—Renewal of authority 131 Renewal of authority (1) The holder of an authority may apply for its renewal to the administering agency. (2) The application must— (a) be made in the approved form; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) be accompanied by the appropriate fee for the application. 132 Div 2 applies to application for renewal (1) Division 2 107 applies to an application for renewal of an authority in the same way it applies to an application for an authority. (2) However, the administering agency may also refuse an application for renewal of an authority if— (a) the authority was issued in error or because of a document or representation that is— (i) false, misleading or omits a material particular; or (ii) obtained or made in another improper way; or (b) the applicant has not complied with a condition of the authority; or (c) if the authority is to establish a buoy mooring—there has been a signiﬁcant change in circumstances affecting marine safety in the vicinity of the buoy mooring. 107 Division 2 (How authority is obtained)

s 133 99 Transport Operations (Marine Safety) Regulation 1995 s 135 Division 4—Amendment of authority 133 Amendment of authority at holder’s request (1) The holder of an authority may apply to the administering agency for an amendment of the authority. (2) The application for an amendment must— (a) be made to the administering agency in the approved form; and (b) be supported by enough information to enable the administering agency to decide the application; and (c) be accompanied by the appropriate fee for the application. 134 Div 2 applies to application for amendment Division 2 applies to an application for an amendment of an authority in the same way it applies to an application for an authority. 135 Amendment of authority on administering agency’s initiative (1) The administering agency may amend an authority at any time if— (a) the holder of the authority agrees to the amendment; or (b) the administering agency considers it necessary or desirable because— (i) the holder has contravened the Act or this regulation; or (ii) the authority was granted because of a materially false or misleading representation or declaration (made either orally or in writing). (2) If the administering agency considers it necessary or desirable to amend an authority, the administering agency must give its holder a written notice under this section. (3) The notice must— (a) state the proposed amendment and the grounds for it; and (b) outline the facts and circumstances forming the basis for the grounds; and

s 136 100 Transport Operations (Marine Safety) Regulation 1995 s 137 (c) invite the holder to make representations to the administering agency to show why the authority should not be amended; and (d) state the term (at least 28 days after the notice is given to the holder) within which the representations may be made. (4) The representations must be made in writing. (5) After the end of the term stated in the notice, the administering agency must consider the representations properly made by the holder. (6) The administering agency may amend the authority if the administering agency is satisfied the amendment is necessary or desirable. 108 (7) If the administering agency is not satisfied the amendment is necessary or desirable, the administering agency must promptly give written notice to the holder, of the administering agency’s decision. 136 Procedure for amending authority (1) This section applies if the administering agency— (a) grants an application to amend an authority; or (b) decides to amend an authority. (2) The administering agency must amend the authority. (3) The amended authority takes effect from— (a) the day the authority is amended; or (b) if the administering agency provided for a later day when granting or deciding the amendment—the later day. 137 Notice to return authority for alteration after amendment (1) The administering agency may, by written notice, ask the holder of an authority to return the authority to the administering agency within a stated time, of at least 28 days, to enable the administering agency to alter the authority to reflect an amendment made to it. (2) The holder must comply with the notice, unless the holder has a reasonable excuse. 108 Part 16 of the Act provides for appeals.

s 138 101 Transport Operations (Marine Safety) Regulation 1995 s 139 Maximum penalty—50 penalty units. (3) After altering the authority, the administering agency must return it to the holder. (4) The amendment of an authority by the administering agency does not depend on it being altered under this section. Division 5—Suspension and cancellation of authorities 138 Grounds for suspension or cancellation of authorities The administering agency may suspend or cancel an authority on any of the following grounds— (a) the holder has contravened marine safety legislation; (b) the authority was issued in error or because of a document or representation that is— (i) false, misleading or omits a material particular; or (ii) obtained or made in another improper way; (c) the holder has not complied with a condition of the authority; (d) the holder has been convicted of an indictable offence; (e) the holder has not paid fees payable under this Act; (f) if the authority is the registration of a ship—the administering agency is satisﬁed, on reasonable grounds, the ship is not seaworthy even though a certiﬁcate of compliance or survey has been issued for the ship. 139 Procedure for suspension or cancellation (1) If the administering agency considers a ground exists to suspend or cancel an authority (the “proposed action” ), the administering agency may give the holder of the authority a written notice that— (a) states the proposed action; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and

s 139 102 Transport Operations (Marine Safety) Regulation 1995 s 139 (d) if the proposed action is suspension of the authority—states the proposed suspension term; and (e) invites the holder to show, within a stated time of at least 28 days, why the proposed action should not be taken. (2) If, after considering all written representations made within the stated time, the administering agency still considers grounds to take the proposed action exist, the administering agency may— (a) if the proposed action was to suspend the authority for a stated term—suspend the authority for not longer than the proposed suspension term; or (b) if the proposed action was to cancel the authority—cancel the authority or suspend it for a term. (3) The administering agency must inform the holder of the decision by written notice. (4) The notice must be given within 10 days after the administering agency makes the decision. (5) If the administering agency decides to suspend or cancel the authority, the notice must state— (a) the reasons for the decision; and (b) that the holder may appeal against the decision under part 16 109 of the Act. (6) The decision takes effect on the later of— (a) the day when the notice is given to the holder; or (b) the day of effect stated in the notice. (7) However, if the authority is suspended or cancelled because of the conviction of a person for an offence— (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is ﬁnally decided; and 109 Part 16 (Appeals) of the Act

s 140 103 Transport Operations (Marine Safety) Regulation 1995 s 141 (b) the suspension or cancellation has no effect if the conviction is quashed on appeal. 140 Action by general manager following marine incident (1) This section applies if the general manager has required a shipping inspector to investigate a marine incident under section 126 110 of the Act. (2) The general manager may, by signed notice, suspend or amend the authority of a person involved in the incident. (3) The notice must— (a) be given to the holder of the authority; and (b) state the grounds for suspension or amendment; and (c) outline the facts and circumstances forming the basis of the general manager’s decision; and (d) if the notice suspends the authority—state the suspension term (not longer than 6 months); and (e) if the notice amends the authority—state the way the authority is amended and the term of the amendment; and (f) state that the holder of the authority may appeal against the suspension or amendment under part 16 111 of the Act. (4) The suspension or amendment takes effect on the later of— (a) the day on which the notice is given; or (b) the day speciﬁed in the notice. (5) The procedure under section 139 for cancelling, suspending or refusing to renew an authority is separate from the procedure for suspending or amending an authority under this section. 141 Extension of term of suspension or amendment under s 140 (1) This section applies if an authority has been suspended or amended under section 140(2). 110 Section 126 (Investigation process into marine incident) of the Act 111 Part 16 (Appeals) of the Act

s 142 104 Transport Operations (Marine Safety) Regulation 1995 s 143 (2) If, within 14 days after the general manager has considered the inspector’s report about the incident a board of inquiry is not established but the general manager issues a notice under section 139 to the holder of the authority before its suspension or amendment under section 140 ends, the suspension or amendment of the authority continues until the general manager informs the holder of the general manager’s decision about the notice under section 139(3). (3) However, if a board of inquiry has been established within 14 days after the general manager has considered the inspector’s report about the incident, the general manager may, by signed notice to the holder of the authority suspended or amended under section 140, extend the term of the suspension or amendment of the authority until 7 days after the board has given the Minister its report under section 132 112 of the Act. (4) If a notice under section 139(1) has been given to the holder of the authority before the end of 7 days after the board has given the Minister its report, the suspension or amendment of the authority under section 140 continues until the general manager informs the holder of the authority of the general manager’s decision about the show cause notice under section 139(3). (5) If within 14 days after the general manager has considered the inspector’s report about the incident, a board of inquiry has not been established and the general manager has not issued a notice under section 139 to the holder of the authority, a suspension or amendment of the authority under section 140 ends and the general manager must promptly notify the holder of the authority accordingly. 142 Effect of suspension on renewal of authority If an authority is suspended, it may be renewed but the suspension continues until the end of the suspension term. 143 Authority to be returned (1) A person whose authority is suspended or cancelled must return the authority to the administering agency within 7 days after the suspension or cancellation takes effect unless the person has a reasonable excuse. 112 Section 132 (Role of board of inquiry) of the Act

s 144 105 Transport Operations (Marine Safety) Regulation 1995 s 146 Maximum penalty—50 penalty units. (2) If a suspended authority is returned to a administering agency, the administering agency must return it to the holder at the end of the suspension term. Division 6—Replacement and surrender of authorities 144 Replacement of authority (1) The holder of a lost, damaged or destroyed authority may apply to the administering agency for a replacement authority. (2) The application must— (a) be made in the approved form; and (b) be accompanied by the appropriate fee for the application. (3) The administering agency may replace the authority only if the administering agency is satisfied it has been lost, damaged or destroyed. 145 Surrender of authority (1) The holder of an authority may surrender it by written notice given to the administering agency. (2) The notice must be accompanied by the authority. (3) The surrender of the authority takes effect— (a) on the day on which the notice is given; or (b) if a later day is stated in the notice—the later day. Division 7—Transfer of ship’s registration 146 Transfer of ship’s registration (1) The administering agency may transfer the registration of a ship. (2) A person (the “new owner” ) who acquires a registered ship from another person (the “seller” ) must, within 14 days of acquiring the ship,

s 147 106 Transport Operations (Marine Safety) Regulation 1995 s 147 request the administering agency to transfer the ship’s registration to the new owner. Maximum penalty—40 penalty units. (3) The seller may apply for transfer of the ship’s registration to the new owner if the seller— (a) sold or otherwise disposed of the ship to a new owner; and (b) reasonably believes the new owner has not applied for transfer of the ship’s registration within 14 days after acquiring it. (4) Until the administering agency receives notice of the transfer of a ship’s registration, the person in whose name the ship is registered is taken to be the owner of the ship for this regulation. 147 Certain sections about authorities apply to transfer of ship’s registration (1) Sections 124 to 126 and 129 113 apply, with all necessary changes, to an application for the transfer of a ship’s registration in the same way they apply to an application for an authority. (2) If the administering agency decides to transfer a ship’s registration, the administering agency must, within 10 days after making the decision— (a) issue an amended certiﬁcate of registration for the ship in the new owner’s name; and (b) record the new owner’s name and address in the register. (3) If the ship’s registration is subject to conditions imposed by the administering agency under section 130, 114 the conditions apply to the new owner when the registration is transferred. 113 Sections 124 (Way application is made), 125 (Administering agency to decide application within 28 days), 126 (Issuing of authority if application granted) and 129 (Refusal of application for authority) 114 Section 130 (Grant of authority on conditions)

s 148 107 Transport Operations (Marine Safety) Regulation 1995 s 149 PART 7—PILOTAGE AREAS, COMPULSORY PILOTAGE AREAS AND PILOTS Division 1—Pilotage areas and compulsory pilotage areas 148 Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a) (1) Schedule 6 states the areas of Queensland waters that are pilotage areas. (2) Schedule 6B states the pilotage areas, or parts of the pilotage areas, that are compulsory pilotage areas. Division 2—Pilots 149 Application of Act, pt 8 (1) The following are ships to which part 8 115 of the Act applies— (a) an Australian registered ship that is 50 m or more; (b) a ship that is 35 m or more (other than an Australian registered ship); (c) for a small ship combined with another small ship for propelling one of the ships—the ship whose master has command of the combination—if the length of the combined ships is— (i) if all of the ships are Australian registered—50 m or more; or (ii) if any of the ships is not an Australian registered ship—35 m or more; (d) if the owner or master of a ship asks for the services of a pilot—the ship; (e) if a harbour master directs the master of a ship to use the services of a pilot—the ship. 115 Part 8 (Pilots) of the Act

s 150 108 Transport Operations (Marine Safety) Regulation 1995 s 150 (2) Part 8 of the Act does not apply to a ship mentioned in subsection (1)(a) to (c) if— (a) the ship is operated in a pilotage area by a master who holds an exemption from pilotage for the ship in the area and the master personally has the conduct of the ship; or (b) for a ship that is a dredge operating only in a pilotage area under the charge of a master who holds a pilotage exemption for the dredge for the area but who is not personally conducting the dredge—the dredge is being conducted on dredging operations by a dredge master who— (i) holds a licence to operate a commercial ship as its master; and (ii) has satisﬁed the general manager the person is competent to conduct the dredge on dredging operations in the area. (3) In this section— “propelling” includes towing. “small ship” means— (a) an Australian registered ship that is less than 50 m; or (b) a ship that is less than 35 m (other than an Australian registered ship). 150 Master to ensure safety of pilot (1) Part 18 and part 23, section 9 116 of the Marine Orders ( “the relevant provisions” ) have effect with all necessary changes as if they were part of this regulation. (2) When a pilot is transferring to or from a ship or conducting a ship as its pilot, the master of the ship must comply with— (a) the relevant provisions; and (b) any reasonable directions of the master of the pilot ship, or person in charge of the helicopter from which the pilot is being 116 Part 18 (Helicopter operations) and part 23 (Equipment–miscellaneous and safety measures), section 9 (Pilot transfer arrangements) of the Marine Orders

s 151 109 Transport Operations (Marine Safety) Regulation 1995 s 152 transferred about safely transferring the pilot to or from the ship; and (c) the pilot’s reasonable directions about the pilot’s personal safety. Maximum penalty—200 penalty units. 151 Transfer of pilot to ship (1) A pilot may be transferred to or from a ship— (a) from a pilot ship ﬂying the proper distinguishing ﬂag or showing the proper distinguishing lights; or (b) by a helicopter, landing on the ship or lowering the pilot by winch. (2) The way the pilot is transferred to a ship under subsection (1) is at the sole discretion of the harbour master. (3) The master of a ship to or from which a pilot is transferring by helicopter must give the harbour master all information to determine the suitability of the ship for landing the helicopter on the ship or transferring the pilot by winch. Maximum penalty—50 penalty units. 151A Master to give pilotage charge to pilot After a pilot has transferred to a ship and the ship is about to be navigated in a pilotage area, the master of the ship must, when requested by the pilot, give pilotage charge of the ship to the pilot, unless the master has a reasonable excuse. Maximum penalty—100 penalty units. 152 Conditions for exemption from pilotage (1) The general manager may grant an exemption to a person for a ship, or class of ship, from pilotage for a pilotage area only if the person— (a) holds an appropriate licence to conduct the ship, or class of ship, as its master issued under this regulation or the law of the Commonwealth or another State; and (b) satisﬁes the general manager—

s 152 110 Transport Operations (Marine Safety) Regulation 1995 s 152 (i) the person has completed a reasonable number of voyages in the area as the master, or crew member in charge of a navigation watch, of a ship comparable in size to the ship, or class of ship; and (ii) marine safety in the pilotage area will not be endangered by granting the exemption; and (c) passes— (i) a written test about the person’s knowledge of the pilotage area; and (ii) a practical ship handling test in the pilotage area. (2) However, the general manager may grant an exemption to a person for a ship under subsection (1) only if the ship is— (a) an Australian registered ship, other than a tank ship; or (b) an Australian registered tank ship under 200 m; or (c) a foreign registered ship— (i) under 100 m; and (ii) operating in a pilotage area stated in schedule 6A. 117 (3) In this section— “tank ship” means a ship that is any of the following— (a) an oil tanker; (b) a chemical carrier; (c) a liqueﬁed gas carrier. (4) The procedure for obtaining an exemption from pilotage is stated in part 6. 118 117 Schedule 6A (Pilotage areas for limited exemption) 118 Part 6 (Authorities)

s 153 111 Transport Operations (Marine Safety) Regulation 1995 s 154 Division 3—Reporting movements of ships 153 Owner or master to report shipping movements in pilotage area (1) This section applies if a ship mentioned in section 149(1)(a) to (d)— (a) is to arrive at, or depart from, a pilotage area; or (b) is to be removed from a berth or anchorage in a pilotage area to another berth or anchorage in the pilotage area. (2) The owner or master of the ship must report its expected arrival, departure or removal to the harbour master in the approved form and in the times stated in subsection (3). Maximum penalty—100 penalty units. (3) A report under subsection (2) must be made— (a) for an arrival—not less than 48 hours before the ship’s expected arrival; or (b) for a departure or for a removal to another berth or anchorage—not less than 24 hours before the ship’s expected departure or removal. PART 8—PILOTAGE FEES, CONSERVANCY DUES ETC. Division 1—Pilotage fees 154 Application This division applies to a ship to which part 8 of the Act applies under section 149. 119 119 Section 149 (Application of Act, pt 8)

s 155 112 Transport Operations (Marine Safety) Regulation 1995 s 157 155 Pilotage fees for pilotage service Pilotage fees are payable when a person navigates a ship in a pilotage area and uses the services of a pilot. 120 155A Pilotage fees if pilotage cancelled (1) Pilotage fees are payable if an owner or master of a ship who has arranged pilotage for the ship with a harbour master cancels the pilotage without giving the harbour master at least 2 hours notice of the cancellation. (2) However, the general manager may, by gazette notice, specify another time, not less than 2 hours, for subsection (1) for a pilotage area if the general manager considers another time is necessary for the effective and efficient operation of the pilotage service in that area. 156 Pilotage fees if pilot cannot leave ship (1) Pilotage fees are payable if the pilot cannot leave the ship after the pilotage ends. (2) Subsection (1) does not apply if the pilot is not able to leave the ship after the pilotage ends because of something beyond the control of the master of the ship. Division 2—Conservancy dues 157 Conservancy dues for ships (1) Conservancy dues are payable for the ships mentioned in section 149(1)(a) to (d). (2) A conservancy due is payable on the day of the ship’s first arrival at, or departure from, a pilotage area. (3) The fee payable under subsection (2) includes all the ship’s arrivals at, or departures from, any pilotage area for 30 days after the fee is payable. 120 Under section 99 (Pilots required for ship navigation in compulsory pilotage area) of the Act a person must not navigate a ship in a compulsory pilotage area unless the person uses the services of a pilot.

s 158 113 Transport Operations (Marine Safety) Regulation 1995 s 160 (4) After the 30 days, subsections (2) and (3) again apply. (5) However, subsection (1) does not apply to a ship that arrives at a pilotage area for any of the following purposes and does not discharge or load any cargo or land or take on board any passenger in the pilotage area— (a) discharging residues or slops; (b) relieving stress of weather or distress to the ship from anything else; (c) taking off a sick or injured passenger or crew member; (d) effecting repairs; (e) reﬁtting or docking; (f) obtaining fuel or provisions for the ship. Division 3—General 158 Deﬁnition In this division— “fees” means pilotage fees or conservancy dues payable for a ship under this part. 159 Who is liable to pay fees The owner of a ship must pay— (a) the fees payable for the ship; and (b) interest on unpaid fees under section 161. 160 Time for paying fees The owner of a ship must pay fees for the ship within 30 days after the day the invoice for the fees was issued.

s 161 114 Transport Operations (Marine Safety) Regulation 1995 s 164 161 Interest on unpaid fees Interest calculated daily at the rate stated in schedule 7 121 is payable on fees that are not paid as required by section 160. 162 Recovery of fees and interest Unpaid fees for a ship and interest on them may be recovered by the State from the ship’s owner as a debt by action in a court with jurisdiction for the amount claimed. PART 9—OTHER MATTERS ABOUT MARINE SAFETY Division 1—Approval of harbour masters for this part 163 Deﬁnition In this part— “harbour master” means a harbour master approved by the chief executive under section 164. 164 Chief executive may approve harbour master and general manager may give directions (1) The chief executive may approve a harbour master to exercise powers under this part. (2) The powers may be limited by the approval or by a later notice of the chief executive to the harbour master. (3) The general manager may give a harbour master any directions about the exercise of the harbour master’s powers that the general manager considers necessary for marine safety. 121 Schedule 7 (Fees)

s 165 115 Transport Operations (Marine Safety) Regulation 1995 s 166 165 Limitation on exercise of power under this part (1) A harbour master may exercise a power under this part only if the harbour master considers it necessary to ensure safety. (2) The powers under sections 166 and 167 for a marine incident may only be exercised during the shorter of— (a) the continuance of a marine incident; or (b) 14 days after the harbour master ﬁrst exercises a power under this part for the marine incident. (3) A harbour master must comply with a direction of the general manager under section 164(3). Division 2—Marine incidents outside of pilotage area 166 Harbour master’s powers for marine incident outside of pilotage area (1) This section applies if a harbour master believes a marine incident has happened, or is likely to happen, in an area (a “relevant area” ) of waters outside a pilotage area. (2) The harbour master has, with all necessary changes, the same power the harbour master has under section 88(1) or 89(1) 122 of the Act to direct— (a) the master of a ship in or adjacent to the relevant area; or (b) a person in charge of a place in or adjacent to the relevant area. (3) A person must comply with a direction under subsection (2) unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (4) A direction under subsection (2)(a) may be given to a crew member of a ship if it is not possible to give the direction to the master of the ship. (5) A direction given to a crew member of a ship is taken to have been given to the master of the ship. 122 Section 88 (Direction to master about operation of ship) or 89 (Direction to person in charge of a place) of the Act

s 167 116 Transport Operations (Marine Safety) Regulation 1995 s 168 Division 3—Removal of obstruction to navigation outside of pilotage area 167 Direction to person about obstruction (1) A harbour master may direct a person who is responsible for a buoy, mooring or anything that is obstructing, or may obstruct, navigation outside of a pilotage area, to remove it. (2) A person must comply with a direction under subsection (1) unless the person has a reasonable excuse. Maximum penalty—200 penalty units. Division 4—Harbour master’s directions 168 Harbour master may carry out direction (1) This section applies if a person has not complied with a direction given to the person by a harbour master under section 166, 167, 176 or 177. (2) This section also applies if— (a) it appears to a harbour master there is no-one to whom a direction under section 166, 167, 176 or 177 may be given; and (b) the harbour master is satisﬁed on reasonable grounds the harbour master must act urgently without giving the direction. (3) The harbour master may carry out the direction or proposed direction. (4) Without limiting subsection (3), the harbour master may— (a) board a ship and operate it, including, for example, by moving or navigating it; or (b) enter or remain in a place in, or adjacent to, the relevant area to board a ship and anchor, berth, moor or move it.

s 169 117 Transport Operations (Marine Safety) Regulation 1995 s 169A 169 Recovery by State of expenses of carrying out direction (1) This section applies if a harbour master incurs expense (whether the expense is the harbour master’s expense or the State’s expense) in exercising a power under section 168. (2) The amount of the expense may be recovered as a debt by the State by action in a court with jurisdiction for the amount claimed. (3) The following persons are liable for the expense— (a) if a direction under section 166(2)(a) or 167(1) was given to the master of a ship and the master did not comply with the direction—the master and the owner of the ship; (b) if a direction under section 166(2)(a) or 167(1) could have been given to the master of a ship but was not given for the reasons mentioned in section 168(2)—the master and the owner of the ship; (c) if a direction was given to a person under section 166(2)(b) or 167(1) and the person did not comply with the direction—the person; (d) if a direction under section 166(2)(b) or 167(1) could have been given to a person but was not given for the reasons mentioned in section 168(2)—the person. (4) If, under subsection (3), more than 1 person is liable for the same expense, the persons who are liable for the expense are jointly and severally liable. Division 5—Buoy moorings 169A Buoy mooring category areas (1) The general manager may, by gazette notice, define areas of Queensland waters as category areas for buoy moorings. (2) The general manager may define an area as— (a) a category 1 area; or (b) a category 2 area. (3) An area that is not defined as a category 1 or 2 area is a category 3 area.

s 170 118 Transport Operations (Marine Safety) Regulation 1995 s 171 (4) The general manager may, by written agreement with a person (a “mooring manager” ), vest in the person the management and control of buoy moorings within a category 1 area. Example of management and control — 1. The authority to charge fees for the use of a buoy mooring. 2. The authority to set conditions on the placement of a buoy mooring. 3. The authority to set conditions on the use of a buoy mooring. 170 Issue of buoy mooring authorities (1) The general manager may issue a buoy mooring authority for— (a) a category 2 area; or (b) a category 3 area. (2) The classes of buoy mooring authorities are— (a) a restricted buoy mooring authority under which only a particular ship owned by the holder of the authority and stated in the authority may be moored at the mooring; and (b) an unrestricted buoy mooring authority under which any ship may, with the consent of the authority holder, be moored at the mooring. (3) The procedure for obtaining a buoy mooring authority is in part 6. 123 (4) However, the assessment component of the application fee for the authority is not payable by a person who, before the commencement of this regulation, established a buoy mooring in accordance with— (a) the Queensland Marine Act 1958 ; or (b) this Act. 171 Limitations on issue of buoy mooring authorities (1) The general manager may issue a buoy mooring authority only if the general manager is satisfied that the mooring does not significantly interfere with— 123 Part 6 (Authorities)

s 172 119 Transport Operations (Marine Safety) Regulation 1995 s 174 (a) marine safety; or (b) the effectiveness or efﬁciency of the Queensland maritime industry. (2) If a buoy mooring is to be established within a port, the general manager may authorise a person to establish a buoy mooring only if the applicant satisfies the general manager the port authority for the port has approved of the establishment. 172 Conditions of authority for buoy moorings (1) The conditions the general manager may impose for a buoy mooring authority may include conditions about the colour, shape and size of the buoy. (2) Subsection (1) does not limit section 130. 124 173 Buoy mooring to display identifying number The holder of a buoy mooring authority must ensure— (a) the identifying number issued by the general manager for the buoy mooring is permanently and legibly displayed on the buoy; and (b) the buoy and its identifying number are not obscured from view. Maximum penalty—50 penalty units. 174 Unlawful use of buoy mooring (1) A person must not moor a ship to a restricted buoy mooring unless the ship is the ship stated in the relevant authority. Maximum penalty—50 penalty units. (2) A person must not moor a ship to an unrestricted buoy mooring unless the person has the authority holder’s consent. Maximum penalty—50 penalty units. (3) In this section— 124 Section 130 (Grant of authority on conditions)

s 175 120 Transport Operations (Marine Safety) Regulation 1995 s 175 “restricted buoy mooring” means a buoy mooring to which a restricted buoy mooring authority relates. “unrestricted buoy mooring” means a buoy mooring to which an unrestricted buoy mooring authority relates. 175 Notice of establishment of buoy mooring (1) A person who establishes a buoy mooring under a buoy mooring authority must give written notice, containing the details required by the general manager when issuing the authority, to— (a) for a buoy mooring established in a pilotage area—the harbour master; or (b) for a buoy mooring established outside a pilotage area—the general manager. Maximum penalty—50 penalty units. (2) The details required by the general manager may include the following— (a) the date the buoy mooring was placed; (b) the precise location of the buoy mooring; (c) the type and size of the mooring apparatus. Examples of details required for paragraph (c) — The shape, construction and dimensions of the mooring block. The length and diameter of chain or rope connecting the buoy to the mooring block. (3) The notice must be given within 14 days of establishing the buoy mooring. (4) This section does not apply to a person who, before the commencement of this regulation, established a buoy mooring in accordance with— (a) the repealed Queensland Marine Act 1958 ; or (b) this Act.

s 176 121 Transport Operations (Marine Safety) Regulation 1995 s 177 176 Removal of buoy mooring on expiry, cancellation or surrender of authority (1) The holder of a buoy mooring authority that has expired or has been cancelled or surrendered under part 6 125 must remove the buoy, its mooring apparatus and its mooring block, within the time stated in subsection (2), unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) The buoy, its mooring apparatus and its mooring block must be removed— (a) if the buoy mooring authority has expired or been surrendered—within 14 days of the expiry; or (b) if the buoy mooring authority has been cancelled and— (i) no appeal is made against the cancellation under part 16 126 of the Act—within 14 days after the time for making an appeal ends; or (ii) an appeal is made against the cancellation and the court conﬁrms the cancellation—within 14 days after the conﬁrmation of the cancellation. (3) If the holder fails to remove the buoy mooring within the time stated in subsection (2), the harbour master may direct the holder to remove the buoy mooring. (4) The holder must comply with the direction unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. 177 Unauthorised buoy mooring (1) A person must not establish a buoy mooring— (a) in a category 1 area except with the consent of the mooring manager for the area; or (b) in a category 2 or 3 area unless the general manager has issued a buoy mooring authority for it under section 170. 125 Part 6 (Authorities) 126 Part 16 (Appeals) of the Act

s 178 122 Transport Operations (Marine Safety) Regulation 1995 s 178 Maximum penalty—50 penalty units. (1A) If a person establishes a buoy mooring in contravention of subsection (1), a harbour master may direct the person to remove the buoy mooring. (1B) The holder must comply with the direction unless the holder has a reasonable excuse. Maximum penalty—50 penalty units. (2) A person must not use a buoy mooring unless it is an authorised buoy mooring. Maximum penalty—50 penalty units. Division 6—Aquatic events 178 Aquatic events (1) This section applies to a carnival, fire works display, race, regatta, speed trial, swimming race or water skiing competition (an “aquatic event” ) if— (a) the holding of the event will affect marine safety; or (b) the holding of the event will affect the effectiveness or efﬁciency of the Queensland maritime industry. Examples of paragraphs (a) and (b) — Paragraph (a)—an aquatic event involves people swimming in a well used area. Paragraph (b)—an aquatic event will be held in a river where commercial ships will continue to operate. (2) The person holding an aquatic event must obtain an authority from— (a) if the event is to be held wholly within a pilotage area—the relevant harbour master; or (b) in any other case—the general manager. Maximum penalty—50 penalty units.

s 179 123 Transport Operations (Marine Safety) Regulation 1995 s 180 (3) An authority to conduct an aquatic event does not include an authority to hold an event involving a person not complying with this regulation. 127 Division 7—Ships not to operate etc. in certain places 179 Anchoring prohibited near boat ramps etc. (1) The owner and master of a ship must not anchor the ship— (a) within 10 m of a boat ramp or jetty; or (b) within 50 m of an underwater cable or pipeline if a sign indicates the presence of the cable or pipeline; or (c) in waters where the presence of the ship involves danger to aircraft or other ships. Maximum penalty—100 penalty units. (2) For subsection (1)(c), the chief executive, by gazette notice, may state the waters where the presence of anchored ships involves danger to aircraft or other ships. 180 Ships operation prohibited near dam walls (1) The owner and master of a ship must not anchor, berth, moor or operate the ship within 100 m of a dam wall, spillway or weir. Maximum penalty—100 penalty units. (2) However, subsection (1) does not apply to the owner or master of a ship engaged on genuine repairs to, or maintenance work on, a dam wall, spillway or weir. 127 Section 18 of the Act— 18 Exemption of person or ship from Act (1) A regulation may exempt a person or ship from this Act or any of its provisions. (2) The exemption may be given on speciﬁed conditions. (3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.

s 181 124 Transport Operations (Marine Safety) Regulation 1995 s 182 181 Ships and activities prohibited in certain waters (1) The owner and master of a ship, or type of ship, must not anchor, berth, moor or operate the ship in waters if doing so endangers marine safety. Maximum penalty—100 penalty units. (2) A person must not conduct an activity in waters if doing so in the waters endangers marine safety. Maximum penalty—100 penalty units. Examples of an activity — Water skiing or tobogganing. (3) For subsection (1) and (2), the general manager, by gazette notice, may state the waters where the anchoring, berthing, mooring or operating of a ship, or type of ship, or the conducting of a stated activity endangers marine safety. Example of subsection (3) — 1. The general manager may publish a gazette notice prohibiting a person operating a ship within 60 m either side of the boundaries of a ﬂagged swimming area. 2. The general manager may publish a gazette notice prohibiting a person operating a personal watercraft on Tallebudgera Creek, except at a speed of 6 knots and only to enable the person to transverse the creek to reach the ocean. Division 8—Miscellaneous safety requirements 182 Operation of ship by unlicensed person (1) A master of a recreational ship must not allow a person, who does not have an appropriate licence to operate the ship as its master, to operate the ship unless— (a) the person is under the direct supervision of the master; and (b) the master is immediately able to resume operating the ship. Maximum penalty—50 penalty units. (2) A master of a commercial or fishing ship must not allow a person, who does not have an appropriate licence to operate the ship as its master, to operate the ship unless the master—

s 183 125 Transport Operations (Marine Safety) Regulation 1995 s 183 (a) believes, on reasonable grounds, the person is competent to operate the ship; and (b) gives the person clear instructions on the way the person is to operate the ship; and (c) is aboard the ship and able to resume operating it. Maximum penalty—200 penalty units. (3) A master of a ship must not allow a person, who does not have an appropriate licence to operate the ship as its master, to operate the ship while towing someone else by a line attached to the ship, including for example, a person water skiing or riding on a toboggan or tube. Maximum penalty—100 penalty units (4) In this section— “ship” means a ship (other than a recreational ship that may be operated by a person without a licence) powered by an engine of 3 kW power or more. 183 Water skiing or riding on toboggan or tube (1) A person (a “skier” ) being towed by a line attached to a ship, including for example a person water skiing or riding on a toboggan or tube, must wear a PFD type 2 or 3. Maximum penalty—100 penalty units. (2) A skier does not commit an offence against subsection (1) if the skier is participating in any of the following and it is impractical or unsafe to wear a PFD— (a) a commercial display; (b) a trick or novelty skiing event in a program of events organised by a genuine water sports entity; (c) a genuine practice session for a display or event mentioned in paragraph (a) or (b). (3) A person (an “operator” ) must not operate a ship towing a skier unless— (a) if the skier must wear a PFD under subsection (1)—the skier is wearing the PFD; and

s 184 126 Transport Operations (Marine Safety) Regulation 1995 s 186 (b) there is another person (an “observer” ) on the ship, who is more than 12, watching the skier at all times. Maximum penalty—100 penalty units. (4) The observer is to immediately tell the operator if— (a) there is a danger, or potential for danger, to the skier; or (b) the skier signals the observer; or (c) the skier has a mishap. 184 Interfering with speed sign (1) A person must not interfere with a speed sign, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) In this section— “interfere with” includes damage, destroy, mark and remove. PART 10—MISCELLANEOUS 185 Approval of forms The chief executive may approve forms for use under the Act. 186 Appropriate fees and refund in certain cases (1) The fees for this regulation are stated in schedule 7. 128 (2) If the chief executive refuses an application in relation to a recreational ship for any of the following, the chief executive must promptly refund the fees paid by the applicant, other than the chief executive’s reasonable cost of assessing the application— (a) an authority mentioned in section 123(a); 128 Schedule 7 (Fees)

s 187 127 Transport Operations (Marine Safety) Regulation 1995 s 187A (b) a renewal, or an amendment, of an authority mentioned in section 123(a); (c) a transfer of the registration of a recreational ship. (3) If the general manager refuses an application in relation to a commercial or fishing ship for any of the following, the general manager must promptly refund the fees paid by the applicant, other than the general manager’s reasonable cost of assessing the application— (a) an authority, other than an authority mentioned in section 123(a); (b) a renewal, or an amendment, of an authority other than an authority mentioned in section 123(a); (c) a transfer of the registration of a commercial or ﬁshing ship. 187 Refund of fees on surrender of ship’s registration (1) This section applies if, under section 145 129 — (a) the chief executive receives a surrender of a recreational ship registration; or (b) the general manager receives a surrender of a commercial or ﬁshing ship’s registration. (2) The chief executive or general manager must refund to the person in whose name the ship was registered the unexpired part (the “refund” ) of the registration fee. (3) The refund is to be worked out on a proportional basis according to the number of whole days from the end of the day when the registration was surrendered to the beginning of the day when the ship’s registration would have otherwise expired. (4) The chief executive or general manager may deduct from the refund the administration fee prescribed for this section. 187A Safety equipment for ships under a standard practice instruction (1) This section applies if— (a) a commercial or ﬁshing ship that— 129 Section 145 (Surrender of authority)

s 187B 128 Transport Operations (Marine Safety) Regulation 1995 s 187B (i) sections 7 and 8 or 10 and 11 130 apply to; and (ii) was— (A) the subject of an application mentioned in section 196 for the survey and registration of the ship under the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 ; or (B) built and operating immediately before 1 January 1996; and (b) a standard practice instruction that stated safety equipment for ships and how the equipment should be marked, stowed, replaced or serviced applied to the ship; and (c) there is an inconsistency between the instruction and sections 7, 8, 10 and 11 for the ship; and (d) the ship is equipped with the safety equipment required under the sections as changed by the instruction; and (e) the equipment is marked, stowed, replaced or serviced as required by the instruction. (2) The ship is taken to comply with sections 7, 8, 10 and 11. 187B Design and construction of ships under a standard practice instruction (1) This section applies if— (a) a commercial or ﬁshing ship was— (i) the subject of an application mentioned in section 196 for the survey and registration of the ship under the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 ; or (ii) built and operating immediately before 1 January 1996; and 130 Sections 7 (Commercial ships to comply with Code with changes) and 8 (Safety equipment to comply with other parts of Code and be current) or 10 (Fishing ships to comply with Code with changes) and 11 (Safety equipment to comply with other provisions of Code)

s 188 129 Transport Operations (Marine Safety) Regulation 1995 s 188 (b) a standard practice instruction about the design or construction of ships applied to the ship; and (c) there is an inconsistency between the instruction and a standard about design or construction of ships that applies to the ship; and (d) the ship is designed or constructed as required under the standards as changed by the instruction. (2) The ship is taken to comply with the standard. 188 Review of regulation (1) The Minister must start a review of this regulation within 1 year of its commencement. (2) Before starting the review the chief executive must give notice of it in the gazette and in a newspaper likely to be read by people particularly affected by the regulation. (3) The notice must state— (a) that anyone may comment on the regulation; and (b) where a copy of the regulation may be obtained or inspected; and (c) how and when comments may be made; and (d) that anyone may comment on the regulation; and (e) how consultation about the regulation will take place. (4) The notice must allow at least 28 days from publication of the notice for the making of comments. (5) The review must be completed and a report on the review prepared within 1 year after the review started. (6) The Minister must cause a copy of the report to be laid before the Legislative Assembly within 14 days after the completion of the report. (7) If, at the time the Minister would otherwise be required to lay a copy of the report before the Legislative Assembly, the Legislative Assembly is not in session or not actually sitting, the Minister must give a copy of the report to the clerk of the Parliament. (8) The clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.

s 189 130 Transport Operations (Marine Safety) Regulation 1995 s 189 (9) For the purposes of its publication, a report given to the clerk under subsection (7) is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk. 189 Fatigue management (1) A person who employs pilots to perform pilotage services on its behalf at a port must devise and implement, for the pilots, a fatigue management program complying with subsections (2) and (3). Maximum penalty—40 penalty units. (2) The program, when implemented, must be capable of ensuring that the pilots are properly rested and ﬁt to perform their duties. (3) Without limiting subsection (2), the program must make suitable provision for maximum work times, maximum pilotage times and minimum rest times. (4) The person must take reasonable steps to ensure the pilots comply with the program. Maximum penalty—40 penalty units. (5) A pilot to whom the program applies must not have the conduct of a ship as its pilot if— (a) the pilot’s fatigue level may cause the ship to be operated unsafely; or (b) the pilot has not substantially complied with the program. Maximum penalty for subsection (5)—40 penalty units.

131 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 DECLARATION ABOUT SHIP’S SEAWORTHINESS section 47 PART 1—DECLARATION OF ACCREDITED SHIP DESIGNER Declaration by accredited ship designer (hull, superstructure or machinery) about seaworthiness of ship—design I, (name) , accredited ship designer for the category (state category of accreditation relevant for this certiﬁcate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ), speciﬁed in the plans attached to my certiﬁcate of compliance for the ship or part— (a) the ship or part is designed to comply with the following standards or practices (declarant to state fully and clearly the design standards or, if no standard has been used, the practices applied in designing the ship) ; (b) for a ship or part (other than a ship, or part designed to comply with part 2 of the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 —I have veriﬁed the sufﬁciency of the design of the ship or part by— (i) making all the necessary calculations to ensure its sufﬁciency; or (ii) appropriate tests; (c) the ship or part is designed to be operated as a (state class) ship or part of a class (state class) ship;

132 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) (d) the ship or part is of a seaworthy design on the following conditions— (i) the ship, or the ship which is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area ) ; (ii) the number of persons the ship is designed to carry is (state number together with any restrictions on the number of persons that may be permitted in a speciﬁc area of the ship) ; (iii) the quantity of cargo the ship is designed to carry is (declarant to state together with any conditions about where cargo may be positioned on the ship to ensure its stability) ; (iv) ..... (declarant to state all other conditions about the ship’s seaworthiness or without which the certiﬁcate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

133 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) PART 2—DECLARATION OF ACCREDITED SHIP BUILDER Declaration by accredited ship builder (hull, superstructure or machinery) about seaworthiness of ship—construction I, (name) , accredited ship builder for the category of (state category of accreditation relevant for this certiﬁcate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ) speciﬁed in the plans and speciﬁcations (“design documents”) (describe design documents by number or other identifying mark) — (a) the ship or part is built as required by— (i) the design documents; and (ii) the following ship building standards, practices or techniques— (declarant to state—eg the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 ) ; (b) the ship or part is built to be operated as a (class to be stated) ship, or part of a class (state class) ship; (c) the ship or part is of a seaworthy construction on the following conditions— (i) the ship, or the ship that is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; and (ii) the number of persons the ship is built to carry is (state number together with any restrictions on the number of persons that may be permitted in a speciﬁc area of the ship) ; and (iii) ..... . (declarant to state all other conditions the declarant wishes to impose about the ship’s seaworthiness or without which the

134 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) certiﬁcate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

135 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) PART 3—DECLARATION OF ACCREDITED MARINE SURVEYOR Declaration by accredited marine surveyor (hull, superstructure or machinery) about seaworthiness of ship—survey I, (name) , accredited marine surveyor for the category of (state category of accreditation relevant for this certiﬁcate) make the following declarations for the ship ( “ship” ), or part of the ship ( “part” ) I have surveyed— (a) the ship or part is built as required by the design plans and speciﬁcations (“design documents”) (describe design documents by number or other identifying mark) ; (b) the ship or part has been built using the following ship building standards, practices or techniques— (declarant to state—eg the Transport Operations Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 ) ; (c) the ship or part is in sound condition; (d) the ship or part is suitable to be operated as a (state class) ship, or part of a class (state class) ship; (e) at the time of survey the ship or part was of seaworthy construction on the following conditions— (i) the ship, or the ship that is to include the part, is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; and (ii) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a speciﬁc area of the ship) ; and (iii) ..... (declarant to state all other conditions the declarant wishes to impose about the ship’s seaworthiness or without which the

136 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) certiﬁcate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

137 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) PART 4—DECLARATION FOR CERTIFICATE OF COMPLIANCE ABOUT SAFETY EQUIPMENT Declaration by accredited ship designer, ship builder or marine surveyor (safety equipment) about seaworthiness of ship—safety equipment I, (name) , accredited (declarant to insert ship designer, ship builder or marine surveyor as appropriate) for safety equipment, declare as follows for the ship described in the certiﬁcate of compliance, of which this declaration is part— (a) the ship is equipped with the following safety equipment required for the ship under the Transport Operations (Marine Safety) Regulation 1995 , part 2— (i) (declarant to list all safety equipment the ship is equipped with under part 2) ; (b) the safety equipment— (i) is stowed, marked and of a type required by section 8(1) of the regulation; and (ii) if it has an expiry date by which it should be serviced or replaced—it has been serviced and replaced as required by section 8(2) of the regulation; (c) the ship may be operated as a (state class) ; (d) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a speciﬁc area of the ship) ; (e) so far as relates to the things mentioned in paragraphs (a) to (d), the ship is seaworthy on the following conditions— (declarant to state any conditions the declarant wishes to impose about the ship’s seaworthiness or without which the certiﬁcate of compliance would be false, misleading or incomplete in a material particular) .

138 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) Signed by the declarant 19 . the day of

139 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) PART 5—DECLARATION FOR STABILITY OF ACCREDITED SHIP DESIGNER OR MARINE SURVEYOR Declaration by accredited ship designer or marine surveyor (stability) about seaworthiness of ship—stability I, (name) , accredited (declarant to insert ship designer or marine surveyor) for stability declare as follows for the ship ( “ship” ) described in the certiﬁcate of compliance of which this declaration is part— (a) I have assessed the ship for stability under the following standards or practices— (declarant to state fully and clearly the design standards for stability, eg—the Transport Operations (Marine Safety—Designing and Building Commercial and Fishing Ships) Interim Standard 1996 or, if no standard has been used, the practices applied, in assessing the ship for stability) ; (b) I have assessed the stability of the ship by doing all the appropriate tests or checking all the appropriate calculations; (c) I have assessed the subdivision of the ship by doing all the appropriate tests or checking all the appropriate calculations; (d) the ship is suitable to be operated as a (state class) ship; (e) I have assessed the ship to be seaworthy for stability on the following conditions— (i) the ship is to be operated— (A) for the following purpose (state purpose) ; and (B) in (state operational area) ; (ii) the number of persons the ship may carry is (state number together with any restrictions on the number of persons that may be permitted in a speciﬁc area of the ship) ;

140 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) (iii) the quantity of cargo the ship may carry is (declarant to state together with any conditions about where cargo may be positioned on the ship to ensure its stability) ; (iv) ..... (declarant to state all other conditions about the ship’s seaworthiness or without which the certiﬁcate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

141 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 1 (continued) PART 6—DECLARATION FOR LOAD LINE BY ACCREDITED SHIP DESIGNER OR MARINE SURVEYOR Declaration by ship designer or marine surveyor (accredited for load line) about seaworthiness of ship—load line I, (name) , accredited (declarant to insert ship designer or marine surveyor as appropriate) for load line declare as follows for the ship ( “ship” ) described in the certiﬁcate of compliance of which this declaration is part— (a) I have assigned the ship’s freeboard as denoted on the enclosed “load line assignment work sheet” under section 85(1) of the regulation; (b) I have marked the ship for its load line under section 85(1) of the regulation; (c) the ship is seaworthy for load line under section 85(1) of the regulation on the following conditions— (declarant to state any conditions about the ship’s seaworthiness or without which the certiﬁcate of compliance would be false, misleading or incomplete in a material particular) . Signed by the declarant at 19 . the day of

142 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 2 CLASSES OF LICENCES sections 65 and 66 Column 1 Licences Column 2 Certiﬁcates under Code 1. Licences (commercial ships) • master class 3 • master class 4 • mate class 4 • master class 5 2. Licences (ﬁshing ships) • skipper grade 1 • skipper grade 2 • skipper grade 3 3. Licence (recreational ships) • recreational ship master’s licence 4. Licences (commercial or ﬁshing ships) • coxswain • engineer class 3 • marine engine driver grade 1 (MED grade 1) • marine engine driver grade 2 (MED grade 2) • marine engine driver grade 3 (MED grade 3) 5. Pilot licences • pilot Certiﬁcates (commercial ships) • master class 3 • master class 4 • mate class 4 • master class 5 Certiﬁcates (ﬁshing ships) • skipper grade 1 • skipper grade 2 • skipper grade 3 Certiﬁcates (commercial or ﬁshing ships) • coxswain • engineer class 3 • marine engine driver grade 1 (MED grade 1) • marine engine driver grade 2 (MED grade 2) • marine engine driver grade 3 (MED grade 3)

143 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 2 (continued) • probationary pilot 6. Licence (wing in ground effect craft) • wing in ground effect craft operator’s licence

144 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 3 PROVISIONS OF REGULATION TO WHICH SECTION 43(2)(B)(II) OF THE ACT APPLIES section 78 1. Section 79 (Operational area of commercial or fishing ships) 2. Section 80 (Commercial ship not to carry excess persons) 3. Section 81 (Ship to be operated as required by Code, s 15) 4. Section 94 (Person operating ship to comply with Collision Regulations) 5. Part 5 (Operating ships), division 7 (Speed limits and wash) 6. Section 113 (Duties of owner and master of ship about dangerous cargo) 7. Section 114 (Reporting requirements for ships loading etc. dangerous cargo) 8. Section 150 (Master to ensure safety of pilot) 9. Section 151 (Transfer of pilot to ship) 10. Section 166 (Harbour master’s powers for marine incident outside of pilotage area)

145 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 3A PILOTAGE AREAS FOR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES section 92B(g) 1 Gladstone pilotage area The following parts of the area— (a) South channel; (b) Gatcombe channel; (c) Auckland channel; (d) Auckland bypass channel; (e) Clinton channel; (f) Clinton bypass channel; (g) Targinnie channel.

146 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 3B PILOTAGE AREAS FOR SMALL SHIPS 10 M OR MORE FOR VESSEL TRAFFIC SERVICES section 92B(h) 1 Karumba pilotage area The following parts of the area— (a) Karumba entrance channel; (b) Elbow Bank reach; (c) Karumba Point reach.

147 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 5 OPERATING RECORDS FOR A SHIP section 107 OPERATING RECORDS FOR REGISTERED COMMERCIAL SHIPS 1. General Testing of machinery, steering gear, navigation and communication equipment; Departure and arrival times; Passenger safety brieﬁngs; Veriﬁcation of passenger numbers; Bunkering/refuelling operations; Safety equipment tests, servicing, repairs or replacements, accidents, incidents and discharges of oily bilges; Crew training in emergency procedures; Radio communication with shore stations or other ships; Stability information for loading of ships. 2. Maintenance Machinery service checks; Propulsion, steering, pumping, cargo, equipment repairs or modiﬁcation; Slipping periods and repair work carried out; Practical tests of repaired equipment. 3. Certificates as appropriate Electrical contractor’s statement;

148 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 5 (continued) Gas examiner’s certiﬁcate; Inﬂatable liferaft certiﬁcate; Fixed ﬁre smothering installation certiﬁcate; Accredited builder/marine surveyor certiﬁcate of compliance; Shipping Inspector’s record of inspection; Fire extinguishing equipment service certiﬁcate; Load line certiﬁcate. OPERATING RECORDS FOR REGISTERED FISHING SHIPS 1. General Testing of machinery, steering gear, navigation and communication equipment; Departure and arrival times; Bunkering/refuelling operations; Safety equipment tests, servicing, repairs or replacements, accidents, incidents and discharge of oily bilges etc; Crew training in emergency procedures; Radio communications with shore stations or other ships. 2. Maintenance Machinery service checks; Propulsion, steering, pumping, equipment repairs or modiﬁcation; Slipping period and repair work carried out; Trawl equipment, test, repairs and renewals; Practical tests of repaired equipment.

149 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 5 (continued) 3. Certificates as appropriate Electrical contractor’s statement; Gas examiner’s certiﬁcate; Inﬂatable liferaft certiﬁcate; Fixed ﬁre smothering installation certiﬁcate; Accredited builder/marine surveyor certiﬁcate of compliance; Shipping inspector’s record of inspection; Fire extinguishing equipment service certiﬁcate.

150 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 PILOTAGE AREAS section 148(1) 1 Southport pilotage area The Southport pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at a point where latitude 27º39.90' south meets the eastern shoreline of the mainland • then due east to the high water mark on the western shoreline of North Stradbroke Island at latitude 27º39.90' south • then by the high water mark in a southerly direction along the western shoreline and in an easterly direction along the southern shoreline of North Stradbroke Island to the south-eastern extremity of the island at approximate latitude 27º43.64' south, longitude 153º27.10' east • then across to the high water mark on the northern extremity of South Stradbroke Island at approximate latitude 27º45.29' south, longitude 153º26.69' east • then in a southerly direction along the western shoreline and in an easterly direction along the southern shoreline of South Stradbroke Island to the seaward extremity of the northern breakwater at the entrance to the Gold Coast Seaway • then in an easterly direction to latitude 27º55.90' south, longitude 153º27.06' east • then due south to latitude 27º56.10' south, longitude 153º27.06' east • then in a westerly direction to the seaward extremity of the southern breakwater at the entrance to the Gold Coast Seaway

151 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then by the high water mark in a westerly direction along the northern shoreline and in a southerly direction along the western shoreline of The Spit, returning in a northerly direction along the eastern shoreline of the mainland to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 2 Brisbane pilotage area The Brisbane pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at the north head of the Maroochy River entrance • then in a direction due east to longitude 153º10.06' east • then in a south-south-easterly direction to latitude 26º49.90' south, longitude 153º15.06' east • then in a south-easterly direction to the high water mark on the north-eastern extremity of Cape Moreton on Moreton Island • then by the high water mark in a westerly direction along the northern shoreline and in a southerly direction along the western shoreline of Moreton Island to the southern extremity of the island • then across to the high water mark on the northern extremity of North Stradbroke Island • then by the high water mark in a southerly direction along the western shoreline of North Stradbroke Island to latitude 27º39.90' south • then due west to the high water mark on the mainland at latitude 27º39.90' south • then by the high water mark in a northerly direction along the eastern shoreline of the mainland returning to the starting point; and

152 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 3 Noosa pilotage area The Noosa pilotage area is the area of— (a) waters at the high water mark consisting of the following— • the Noosa River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters within a 1 n mile radius centered at the south head of the Noosa River entrance; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 4 Maryborough pilotage area The Maryborough pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at a point where latitude 25º06.90' south meets the eastern shoreline of the mainland • then in a north-easterly direction to latitude 24º44.90' south, longitude 152º45.06' east • then due east to the high water mark on the western shoreline of Fraser Island at latitude 24º44.90' south • then by the high water mark in a southerly direction along the western shoreline and in an easterly direction along the southern shoreline and in a northerly direction along the eastern shoreline of Fraser Island to a point where latitude 25º44.90' south meets the eastern shoreline of the island • then due east for 2 n miles to latitude 25º44.90' south, longitude 153º08.06' east • then in a south-south-easterly direction to the high water mark on the northern extremity of Double Island Point

153 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then by the high water mark from Double Island Point in a northerly direction along the eastern shoreline of the mainland and returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 5 Bundaberg pilotage area The Bundaberg pilotage area is the area of— (a) waters at the high water mark consisting of the following— • the Burnett River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters within a 4 n mile radius centered at the Burnett Heads lighthouse; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 6 Gladstone pilotage area The Gladstone pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at Connor Bluff, Curtis Island at approximate latitude 23º42.91' south, longitude 151º17.66' east • then to latitude 23º49.51' south, longitude 151º34.66' east • then to latitude 23º56.51' south, longitude 151º34.66' east • then to a point at the high water mark on the northern extremity of Tiber Point on Hummock Hill Island • then due west to the high water mark on Wild Cattle Island • then by the high water mark in a northerly direction along the eastern shoreline of Wild Cattle Island to the northern extremity of the island

154 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then due west to the high water mark on the eastern shoreline of the mainland • then by the high water mark in a northerly direction along the eastern shoreline of the mainland to latitude 23º38.41' south • then due east to the high water mark of the western shoreline of Curtis Island at latitude 23º38.41' south • then by the high water mark in a southerly direction along the western shoreline and in an easterly direction along the southern shoreline and in a northerly direction along the eastern shoreline of Curtis Island, returning to the starting point at Connor Bluff; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 7 Rockhampton pilotage area The Rockhampton pilotage area is the area of— (a) waters at the high water mark consisting of the Fitzroy River and connected waterways system from the head of navigation to the river mouth; and (b) waters bounded by an imaginary line drawn— • from the high water mark at the river mouth at Cattle Point on the mainland across to Arch Rock • then across to the high water mark on the northern extremity of Cape Keppel • then by the high water mark in a westerly direction along the northern shoreline and in a southerly direction along the western shoreline of Curtis Island to latitude 23º38.41' south • then due west to the high water mark on the mainland at latitude 23º38.41' south • then by the high water mark in a northerly direction along the shoreline of the mainland returning to the starting point at the Fitzroy River mouth; and

155 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) (c) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraphs (a) and (b). 8 Hay Point pilotage area The Hay Point pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at the north head of the Bakers Creek entrance • then in an east-north-easterly direction to latitude 21º09.91' south, longitude 149º20.06' east • then due east to latitude 21º09.91' south, longitude 149º30.06' east • then due south to latitude 21º17.91' south, longitude 149º30.06' east • then due west to the high water mark on the mainland at latitude 21º17.91' south • then by the high water mark in a north-westerly direction along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 9 Mackay pilotage area The Mackay pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the northern extremity of Slade Point • then due east to longitude 149º22.06' east • then due south to latitude 21º09.91' south, longitude 149º22.06' east

156 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then due west to latitude 21º09.91' south, longitude 149º20.06' east • then in a west-south-westerly direction to the high water mark on the north head of the Bakers Creek entrance • then by the high water mark in a northerly direction along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 10 Whitsundays pilotage area The Whitsundays pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at the northern extremity of George Point on the mainland • then to latitude 20º01.19' south, longitude 148º52.84' east • then to latitude 20º02.94' south, longitude 148º58.63' east • then to the high water mark at the north-eastern extremity of Deloraine Island • then along the high water mark of the eastern shore of Deloraine Island to its south-eastern extremity • then to the high water mark at the northern extremity of Harold Island • then along the high water mark of the eastern shore of Harold Island to its southern extremity • then to the high water mark at the northern extremity of Jesuit Point on Maher Island • then along the high water mark of the western shore of Maher Island to its southern extremity • then to the high water mark at the northern extremity of Shaw Island

157 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then along the high water mark of the western shore of Shaw Island to its south-western extremity • then to the southern extremity of Cape Conway on the mainland • then by the high water mark initially in a general north-westerly direction, returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 11 Bowen pilotage area The Bowen pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the southern extremity of Dalrymple Point • then 286º(T) by a straight line to the port entrance beacon to Bowen Boat Harbour (20º01.34' south, 148º15.39' east) • then 303º(T) by a straight line to the intersection of the high water mark and the northern edge of the wharf at Bowen (20º01.05' south, 148º14.91' east) • then by the high water mark in an easterly direction along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 12 Abbot Point pilotage area The Abbot Point pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the eastern shoreline of the mainland at longitude 147º59.07' east

158 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then due north to latitude 19º47.91' south, longitude 147º59.07' east • then due east to latitude 19º47.91’ south, longitude 148º08.07' east • then in a south-easterly direction to the high water mark on the northern extremity of Gloucester Head on Gloucester Island • then in a southerly direction by the high water mark along the western shoreline of Gloucester Island to the southern extremity of the island • then across to the high water mark on the northern extremity of Cape Gloucester on the mainland • then by the high water mark along the shoreline of the mainland to the intersection of the high water mark and the northern edge of the wharf at Bowen (20º01.05' south, 148º14.91' east) • then 123º(T) by a straight line to the port entrance beacon to Bowen Boat Harbour (20º01.34' south, 148º15.39' east) • then 106º(T) by a straight line to the high water mark on the southern extremity of Dalrymple Point • then along the shoreline of the mainland at the high water mark returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 13 Townsville pilotage area The Townsville pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the northern extremity of Cape Cleveland • then to latitude 19º04.91' south, longitude 146º52.07' east

159 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then due west to latitude 19º04.91' south, longitude 146º45.07' east • then due south to the high water mark on the mainland at longitude 146º45.07' east • then by the high water mark along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 14 Lucinda pilotage area The Lucinda pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at George Point on Hinchinbrook Island • then east to latitude 18º29.11' south, longitude 146º26.07' east • then due south to latitude 18º34.91' south, longitude 146º26.07' east • then due west to the high water mark on the mainland at latitude 18º34.91' south • then by the high water mark in a northerly direction along the eastern shoreline of the mainland to approximate latitude 18º31.41' south, longitude 146º19.87' east • then 352º(T) by a straight line returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 15 Mourilyan pilotage area The Mourilyan pilotage area is the area of— (a) waters at the high water mark consisting of the following—

160 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • the Moresby River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters within a 2 n mile radius centered at the south-eastern extremity of Goodman Point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 16 Cairns pilotage area The Cairns pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the north-western extremity of Cape Grafton • then due north for 2 n miles • then across to the high water mark on the northern extremity of Taylor Point • then by the high water mark in a southerly direction along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 17 Port Douglas pilotage area The Port Douglas pilotage area is the area of— (a) waters at the high water mark consisting of the following— • Dicksons Inlet and connected waterways system from the head of navigation to the inlet mouth • from the inlet mouth, the waters within a 1 n mile radius centered at the northern extremity of Island Point on the mainland; and

161 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 18 Daintree River pilotage area The Daintree River pilotage area is the area of— (a) waters at the high water mark consisting of the following— • the Daintree River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters within a 2 n mile radius centered at the south head of the Daintree River entrance; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 19 Cooktown pilotage area The Cooktown pilotage area is the area of— (a) waters at the high water mark consisting of the following— • the Endeavour River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters bounded by an imaginary line drawn from the high water mark on Monkhouse Point due north to the high water mark on the mainland at the southern extremity of Indian Head; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 20 Cape Flattery pilotage area The Cape Flattery pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the northern extremity of Lookout Point

162 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • then due east to longitude 145º15.87' east • then in a south-easterly direction to latitude 14º55.11' south, longitude 145º22.17' east • then south to latitude 14º59.91' south, longitude 145º23.07' east • then due west to the high water mark on the mainland at latitude 14º 59.91' south • then by the high water mark north along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 21 Thursday Island pilotage area The Thursday Island pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at the western extremity of Smith Point on Horn Island • to the high water mark at the northern extremity of Heath Point (also known as Kiwain Point) on Prince of Wales Island • to the high water mark at the eastern extremity of Webb Point on Friday Island • along the high water mark of Friday Island, initially in a westerly direction, to the western extremity of Friday Island • to the high water mark at the western extremity of Tucker Point on Goods Island • along the high water mark of Goods Island, initially in a south-easterly direction, to the eastern extremity of Tessy Head on Goods Island • to the high water mark at the western extremity of Hammond Island (known as Diamond Point)

163 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • along the high water mark of Hammond Island, initially in a south-easterly direction, to the eastern extremity of Menmuir Point (also known as Gobau Point) on Hammond Island • to the high water mark at the northern extremity of King Point on Horn Island • along the high water mark of Horn Island, initially in a westerly direction, returning to the starting point; and (b) the navigable waters rivers of and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 22 Skardon River pilotage area The Skardon River pilotage area is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at approximate latitude 11º47.00' south, longitude 141º58.54' east on the mainland, south of the entrance of the Skardon River • then west to latitude 11º47.00' south, longitude 141º57.00' east • then north to latitude 11º44.50' south, longitude 141º57.00' east • then east to the high water mark on the mainland at approximate latitude 11º44.50' south, longitude 142º00.12' east • then by the high water mark initially in a southerly direction, returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 23 Weipa pilotage area The Weipa pilotage area is the area of— (a) waters bounded by an imaginary line drawn—

164 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6 (continued) • starting at the high water mark on the western extremity of Jantz Point (west of Duyfken Point) • then in a southerly direction across to the high water mark on the western extremity of Boyd Point • then by the high water mark north along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). 24 Karumba pilotage area The Karumba pilotage area is the area of— (a) waters at the high water mark consisting of the following— • the Norman River and connected waterways system from the head of navigation to the river mouth • from the river mouth, the waters within a 10 n mile radius centered at the north head of the Norman River entrance; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a).

165 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6A PILOTAGE AREAS FOR LIMITED EXEMPTION section 152(2)(c)(ii) Karumba pilotage area

166 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6B COMPULSORY PILOTAGE AREAS section 148(2) Southport pilotage area Brisbane pilotage area Noosa pilotage area Maryborough pilotage area Bundaberg pilotage area Gladstone pilotage area Rockhampton pilotage area Part of the Hay Point pilotage area The part of the Hay Point pilotage area that is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark at the north head of the Bakers Creek entrance • then to latitude 21°10.76' south, longitude 149°17.73' east • then to latitude 21°13.50' south, longitude 149°19.00' east • then to latitude 21°14.00' south, longitude 149°20.50' east

167 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6B (continued) • then to latitude 21°17.91' south, longitude 149°20.50' east • then due west to the high water mark on the mainland at latitude 21°17.91' south • then by the high water mark in a northerly direction along the shoreline of the mainland returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). Part of the Mackay pilotage area The part of the Mackay pilotage area that is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the northern extremity of Slade Point • then due east to longitude 149°16.00' east • then to latitude 21°07.00' south, longitude 149°16.00' east • then to latitude 21°10.76' south, longitude 149°17.73' east • then in a west-south-westerly direction to the high water mark at the north head of the Bakers Creek entrance • then by the high water mark of the mainland in a northerly direction returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). Bowen pilotage area Abbot Point pilotage area Townsville pilotage area

168 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6B (continued) Lucinda pilotage area Mourilyan pilotage area Cairns pilotage area Port Douglas pilotage area Daintree River pilotage area Cooktown pilotage area Part of the Cape Flattery pilotage area The part of the Cape Flattery pilotage area that is the area of— (a) waters bounded by an imaginary line drawn— • starting at the high water mark on the northern extremity of Lookout Point • then due east to longitude 145°15.23' east • then to latitude 14°54.71' south, longitude 145°21.65' east • then to latitude 14°59.91' south, longitude 145°22.51' east • then due west to the high water mark on the mainland at latitude 14°59.91' south • then by the high water mark of the mainland in a northerly direction returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). Part of the Skardon River pilotage area The part of the Skardon River pilotage area that is the area of—

169 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 6B (continued) (a) waters bounded by an imaginary line drawn— • starting at the high water mark at approximate latitude 11º46.73' south, longitude 141º58.63' east on the mainland, south of the entrance of the Skardon River • then west to latitude 11º46.73' south, longitude 141º57.28' east • then north to latitude 11º44.77' south, longitude 141º57.28' east • then east to the high water mark on the mainland at latitude 11º44.77' south, longitude 142º00.12' east • then by the high water mark, initially in a southerly direction, returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a). Thursday Island pilotage area Weipa pilotage area Karumba pilotage area

170 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 FEES section 186 1 Accreditation of ship designers, ship builders and marine surveyors (1) This section sets the fees for accreditation of ship designers, ship builders and marine surveyors. (2) The fee for initial accreditation is the total of the following— (a) application fee—$187.15; (b) approval fee—$444.50. (3) The fee for an application for renewal of accreditation is $187.15. (4) The fee for an application for a replacement certificate of accreditation is $24.30. 2 Registration of recreational ships (1) This section sets the fees for registration of recreational ships. (2) The fee is the total of the registration and recreational use components. (3) The registration component for a recreational ship is— (a) for a ship not over 4.5 m—$46.35; or (b) for a ship over 4.5 m but not over 6 m—$81.15; or (c) for a ship over 6 m but not over 10 m—$115.95; or (d) for a ship over 10 m but not over 15 m—$139.10; or (e) for a ship over 15 m but not over 20 m—$173.90; or (f) for a ship over 20 m—$220.30. (4) The recreational use component for a recreational ship is $12.30.

171 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) 3 Pensioner concessions (1) This section applies to the owner of a recreational ship. (2) The owner is exempt from paying the registration fee for 1 recreational ship if the owner receives a totally and permanently incapacitated war pension. (3) The owner is exempt from paying 50% of the registration component for 1 recreational ship if the owner holds a pensioner concession card or receives— (a) a full rate age pension; or (b) a disability support pension; or (c) an Australian/United Kingdom reciprocal pension; or (d) a service or general rate disability pension. (4) The owner is exempt from paying 50% of the registration component for 1 recreational ship if the owner holds a seniors card. (5) In this section— “pensioner concession card” means a card known as a pensioner concession card issued under a Commonwealth law. “seniors card” means a Queensland Government seniors card. 4 Registration of commercial ships (1) This section sets the fees for registration or renewal of registration of commercial ships. (2) The fee is the total of the registration, boating facilities and compliance monitoring components. (3) The registration component for a commercial ship is— (a) for a ship not over 4.5 m—$46.95; or (b) for a ship over 4.5 m—$80.80. (4) The boating facilities component for a commercial ship is as follows— (a) for a ship not over 10 m—$8.30 for each metre or part of a metre;

172 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (b) for a ship over 10 m but not over 35 m—$83.20 for the ﬁrst 10 m plus $13.70 for each additional metre, or part of a metre; (c) for a ship over 35 m—$427.90. (5) The compliance monitoring component for class 1A, B, C, D and E ships and class 2A, B, C, D and E ships is as follows— (a) for a ship not over 7 m—$118.85; (b) for a ship over 7 m but not over 10 m—$291.20; (c) for a ship over 10 m but not over 15 m—$362.50; (d) for a ship over 15 m but not over 20 m—$445.70; (e) for a ship over 20 m but not over 25 m—$511.05; (f) for a ship over 25 m but not over 35 m—$576.40; (g) for a ship over 35 m but not over 50 m—$683.40; (h) for a ship over 50 m but not over 75 m—$736.85; (i) for a ship over 75 m but not over 100 m—$843.85; (j) for a ship over 100 m—$1051.80. (6) The compliance monitoring component for class 1F ships is as follows— (a) for a ship not over 7 m—$45.75; (b) for a ship over 7 m but not over 10 m—$77.25; (c) for a ship over 10 m but not over 15 m—$114.10; (d) for a ship over 15 m but not over 20 m—$154.50; (e) for a ship over 20 m but not over 25 m—$225.80; (f) for a ship over 25 m but not over 35 m—$267.40; (g) for a ship over 35 m—$303.05. (7) The compliance monitoring component for commercial hovercraft is as follows— (a) for a hovercraft not over 5 m—$114.10; (b) for a hovercraft over 5 m but not over 7.5 m—$154.50;

173 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (c) for a hovercraft over 7.5 m but not over 10 m—$237.70; (d) for a hovercraft over 10 m but not over 15 m—$309.00; (e) for a hovercraft over 15 m but not over 20 m—$469.45; (f) for a hovercraft over 20 m but not over 30 m—$623.95; (g) for a hovercraft over 30 m—$778.45. (8) A ship owned by any of the following and used for rescue purposes is exempt from registration fees— (a) the emergency services department; (b) a volunteer marine rescue association or a surf lifesaving association accredited by that department. (9) A ship used exclusively for a marine studies course provided by a high school or secondary college (including a senior college) is exempt from registration fees. 5 Registration of ﬁshing ships (1) This section sets the fees for registration of fishing ships. (2) The fee consists of the following amounts for compliance monitoring— (a) for a ship over 10 m but not over 15 m—$130.75; (b) for a ship over 15 m but not over 20 m—$356.55; (c) for a ship over 20 m but not over 25 m—$439.75; (d) for a ship over 25 m but not over 35 m—$552.65; (e) for a ship over 35 m but not over 50 m—$683.40; (f) for a ship over 50 m but not over 75 m—$736.85; (g) for a ship over 75 m but not over 100 m—$843.85; (h) for a ship over 100 m—$1 051.80. 6 Other fees relating to registration of ship (1) This section sets other fees relating to the registration of a ship.

174 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (2) The fees are as follows— (a) for an application for a replacement certiﬁcate of registration for a commercial or ﬁshing ship—$39.25; (b) for an extract from the register from information in the register— (i) on the day the application is made—$11.90; or (ii) on an earlier day—$19.00; (c) for an application for transfer of registration of a recreational ship—$17.95; (d) for a replacement registration label for a recreational ship—$10.60; (e) administration fee payable if the fee for renewal of registration of a recreational ship is paid after the expiry date—$10.25. 7 Restricted use ﬂags (1) This section sets the fees for the issue and replacement of restricted use flags. (2) The fees are as follows— (a) for an initial ﬂag, other than a ﬂag mentioned in paragraph (c)—$172.35; (b) for a second or subsequent ﬂag—$70.10; (c) for a ﬂag for up to 1 month—$61.80; (d) for a replacement ﬂag—$36.85. 8 Design approval certiﬁcates (1) The fees for issuing a design approval certificate are as follows— (a) application fee for the issue of the certiﬁcate and if requested by the applicant, the giving of a quotation for the design examination fee—$98.25; (b) design examination fee—

175 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (i) if an appropriately accredited ship designer has issued a certiﬁcate of compliance for the design and the certiﬁcate, or a copy of it, is given to the general manager with the application—$87.75 an hour of examination time, to the nearest 15 minutes; or (ii) otherwise—$117.00 an hour of examination time to the nearest 15 minutes. (2) Despite subsection (1)(b), if the general manager has given a written quotation for the design examination fee and the applicant has accepted the quotation, the design examination fee is the lesser of— (a) the quoted fee; and (b) the fee that would otherwise be payable under subsection (1)(b) for the time taken to examine the design. 9 Certiﬁcates of survey (1) This section sets the fees for a certificate of survey. (2) The fees are as follows— (a) application fee for the issue of a certiﬁcate of survey—$99.80; (b) for inspecting the ship (if necessary) and examining the documents required to be given with the application—$87.75 an hour of inspection or examination time (excluding travelling time) to the nearest 15 minutes; (c) the reasonable travelling expenses for inspecting the ship; (d) for issuing the certiﬁcate of survey—$7.60. 10 Licence to operate commercial ship or ﬁshing ship (1) This section sets the fees for a licence to operate a commercial ship or fishing ship as its master or to act as a crew member of a commercial ship or fishing ship. (2) The fees for full licences are as follows— (a) for a master class 3 or skipper grade 1—$184.20;

176 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (b) for a master class 4, mate class 4 or skipper grade 2—$184.20; (c) for a master class 5 or skipper grade 3—$130.75; (d) for a coxswain—$59.45; (e) for an engineer class 3—$231.75; (f) for a marine engine driver grade 1—$148.55; (g) for a marine engine driver grade 2—$109.35; (h) for a marine engine driver grade 3—$109.35. (3) The fees for subjects taken separately are as follows— (a) for a licence mentioned in subsection (2)(a) or (b)—$33.90; (b) for a licence mentioned in subsection (2)(c) or (d)—$26.75; (c) for another licence mentioned in subsection (2)—$54.05. 11 Licence to operate recreational ships The fee for a licence to operate a recreational ship as its master is $33.95. 12 Pilot’s licence or exemption from pilotage (1) This section sets the fees for licences to have the conduct of a ship as its pilot or for the granting of an exemption from pilotage. (2) The fees for an application are as follows— (a) for an assessment for section 69 for a pilot’s licence—$166.40; (b) for an application for amendment of a pilot’s licence—$166.40; (c) for a pilotage exemption test under section 152(1)(c)(i) and (ii)—$166.40; (d) for an application for an amendment of a pilotage exemption—$166.40. (3) The fee for issue of any of the following is $166.40— (a) a pilot’s licence;

177 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (b) an amended pilot’s licence; (c) a pilotage exemption. 13 Other fees relating to authorities (1) This section sets other fees relating to authorities. (2) The fees are as follows— (a) for the issue of a licence for a commercial ship or ﬁshing ship if no written examination is required—$51.10; (b) for an application for a load line certiﬁcate for a ship—$106.95; (c) for an assessment for an application under section 74 131 for an amendment of a commercial ship licence—$208.00; (d) for an application for— (i) an eyesight or colour vision test for a licence, other than a recreational ship master’s licence—$17.25; or (ii) an additional condition on licences—$33.90; (e) for a sea time assessment—$34.50; (f) for an application for a temporary permit to operate a commercial ship or ﬁshing ship as a master or crew member—$96.25; (g) for an application for a replacement recreational ship master’s licence—$14.70; (h) for an application for a replacement commercial ship licence, ﬁshing ship licence, pilot’s licence or pilotage exemption—$25.55; (i) for an application for renewal of a commercial ship licence or ﬁshing ship licence—$33.90; (j) for an application for renewal of pilot’s licence—$82.00; (k) for an application for renewal of pilotage exemption—$82.00. 131 Section 74 (Hovercraft)

178 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) 14 Approval of entity to provide training The fee for approval of an entity to conduct programs in the operation of ships is $338.50. 15 Pilotage fees (1) This section sets the fees for pilotage. (2) The fees are as follows— (a) for the Brisbane pilotage area— (i) per gross ton or part of a gross ton— (A) for the ﬁrst 10 000 gt . . . . . . . . . . . . . . . . . 22.4c; (B) over 10 000 gt to 20 000 gt . . . . . . . . . . . . 13.2c; (C) over 20 000 gt to 30 000 gt . . . . . . . . . . . . . 8.6c; (D) over 30 000 gt . . . . . . . . . . . . . . . . . . . . . . . 2.4c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . . $769.60; (b) for the Southport, Maryborough, Hervey Bay, Port Douglas and Cooktown pilotage areas— (i) per gross ton or part of a gross ton— (A) for the ﬁrst 20 000 gt . . . . . . . . . . . . . . . . . 10.9c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.7c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.2c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$388.55; (c) for the Bundaberg pilotage area— (i) for each gross ton or part of a gross ton— (A) for the ﬁrst 20 000 gt . . . . . . . . . . . . . . . . . 10.5c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.5c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.1c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$376.05; (d) for the Gladstone, Port Alma and Townsville pilotage areas—

179 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (i) for each gross ton or part of a gross ton— (A) for the ﬁrst 20 000 gt . . . . . . . . . . . . . . . . . 10.2c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.3c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 3.9c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$363.75; (e) for the Mackay pilotage area . . . . . . . . . . . . . . . $1 766.20; (f) for the Cairns pilotage area— (i) for each gross ton or part of a gross ton— (A) for the ﬁrst 20 000 gt . . . . . . . . . . . . . . . . . 11.1c; (B) over 20 000 gt to 40 000 gt . . . . . . . . . . . . . 6.8c; (C) over 40 000 gt . . . . . . . . . . . . . . . . . . . . . . . 4.2c; (ii) minimum charge . . . . . . . . . . . . . . . . . . . . . .$394.05; (g) for the Hay Point pilotage area—$1 165.85 plus 2.4c for each gross ton or part of a gross ton; (h) for the Abbot Point pilotage area—$1 165.85 plus 3.9c for each gross ton or part of a gross ton; (i) for the Lucinda and Mourilyan pilotage areas—$932.65 plus 7.0c for each gross ton or part of a gross ton; (j) for the Cape Flattery pilotage area—$1 165.85 plus 3.1c for each gross ton or part of a gross ton; (k) for the Thursday Island pilotage area— (i) up to 10 000 gt . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (ii) over 10 000 gt . . . . . . . . . . . . . . . . . . . . . . $2 564.85; (l) for the Weipa pilotage area— (i) for the ﬁrst 40 000 gt—$932.65 plus 6.7c for each gross ton or part of a gross ton; (ii) over 40 000 gt—$3 590.80 plus 3.7c for each gross ton or part of a gross ton;

180 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (m) for the Karumba pilotage area—$699.50 plus 3.3c for each gross ton or part of a gross ton. 16 Other pilotage fees (1) This section sets other fees about pilotage. (2) The fees for the Brisbane, Southport, Maryborough, Hervey Bay, Port Douglas and Cooktown pilotage areas are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons 173.05 1 (ii) over 1 000 tons but not over 6 000 tons 326.25 1 (iii) over 6 000 tons but not over 10 000 tons 476.95 1 (iv) over 10 000 tons 668.70 1 $ $ 254.05 2 332.45; 3 437.05 2 549.15; 3 620.10 2 747.15; 3 779.50 2 920.25; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the relevant pilotage area. (3) The fees for the Gladstone, Port Alma and Townsville pilotage areas are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons. . . . . . . . . 162.05 1 (ii) over 1 000 tons but not over 6 000 tons. . . . . . . . . . . . . . . . 305.45 1 (iii) over 6 000 tons but not over 10 000 tons. . . . . . . . . . . . . . . 446.50 1 (iv) over 10 000 tons. . . . . . . . . . . 626.05 1 $ $ 237.85 2 311.30; 3 409.15 2 514.15; 3 580.55 2 699.50; 3 729.80 2 861.55; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. (4) The fees for the Mackay pilotage area are as follows—

181 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (a) removal charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 766.20; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. (5) The fees for the Cairns pilotage area are as follows— (a) removal charges if the ship’s gross tonnage is— $ (i) not over 1 000 tons. . . . . . . . . 176.05 1 (ii) over 1 000 tons but not over 6 000 tons. . . . . . . . . . . . . . . . 331.05 1 (iii) over 6 000 tons but not over 10 000 tons. . . . . . . . . . . . . . . 483.80 1 (iv) over 10 000 tons. . . . . . . . . . . 678.50 1 $ $ 257.65 2 336.90; 3 443.00 2 557.25; 3 628.35 2 757.80; 3 790.45 2 932.65; 3 (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. 1 for the first 3 n miles 2 over 3 n miles up to 10 n miles 3 over 10 n miles (6) The fees for the Hay Point pilotage area are as follows— (a) removal charges—$1 165.85 plus 2.4c for each gross ton or part of a gross ton; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. (7) The fees for the Thursday Island pilotage area are as follows— (a) removal charges— (i) up to 10 000 tons . . . . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (ii) over 10 000 tons. . . . . . . . . . . . . . . . . . . . . . . . . . $2 564.85; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. (8) The fees for the Weipa pilotage area are as follows— (a) removal charges—

182 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (i) for the ﬁrst 40 000 tons—$932.65 plus 6.7c for each gross ton or part of a gross ton; (ii) over 40 000 tons—$3 590.80 plus 3.7c for each gross ton or part of a gross ton; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. (9) The fees for the Karumba pilotage area are as follows— (a) removal charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$699.50; (b) if the pilot can not leave the ship after the pilotage ends, the reasonable costs of returning the pilot to the pilotage area. 17 Conservancy fees The fees for conservancy are as follows— (a) for a ship on an interstate voyage, per gross ton or part of a gross ton— (i) for the ﬁrst 500 gt . . . . . . . . . . . . . . . . . . . . . . . . . 9.4c; (ii) over 500 gt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.2c; (b) any other ship, per gross ton or part of a gross ton . . . . 15.2c. 18 Gross tonnage for certain ships For sections 15 to 17, the gross tonnage of a ship stated in table A, column 1, with the Lloyds register number stated in table A, column 2, is the gross tonnage stated in table A, column 3. Table A Column 1 Column 2 Column 3 Ship Lloyds No. Tonnage Texas 8204963 26790 Toba 7705972 20623 Taiko 8204975 27902

183 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) Tourcoing Tapiola Tampa Tampere Nedlloyd Rochester CGM Renoir CGM Ronsard 7705946 7705934 8204951 7718577 7704605 7702877 7702889 21054 21049 26790 21318 19072 15632 15632 19 Interest rate The interest rate for section 161 132 is 10% a year. 20 Buoy mooring authority (1) This section sets the fees for a buoy mooring authority. (2) The application fee is the total of the assessment and occupation components. (3) The assessment component is $57.95. (4) The occupation component is— (a) for a restricted buoy mooring authority— (i) for a category 2 area—$57.95; or (ii) for a category 3 area—$34.80; or (b) for an unrestricted buoy mooring authority— (i) for a category 2 area—$115.95; or (ii) for a category 3 area—$57.95. (5) The renewal fee is— (a) for a restricted buoy mooring authority— 132 Section 161 (Interest on unpaid fees)

184 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 7 (continued) (i) for a category 2 area—$57.95; or (ii) for a category 3 area—$34.80; or (b) for an unrestricted buoy mooring authority— (i) for a category 2 area—$115.95; or (ii) for a category 3 area—$57.95. 21 Concession for particular unrestricted buoy mooring authorities (1) This section applies if the holder of an unrestricted buoy mooring authority who carries on a business allows business clients to use the mooring free of charge. (2) The application or renewal fee for the authority, for each mooring after the first 5 moorings, is— (a) in a category 2 area—$46.35; or (b) in a category 3 area—$34.80. 22 Authority to conduct aquatic events The fees for an authority to conduct an aquatic event are as follows— (a) for an application for an authority to conduct an aquatic event, unless paragraph (b) applies—$23.40 for each event; (b) for an application by a genuine boating or sporting club for an authority to conduct an aquatic event for an events program that is not longer than 3 months, is held at the same venue and where the conditions imposed under the authority for each event in the program are substantially the same conditions—$23.40. 23 Administration fee on registration refund The administration fee on a refund of a ship’s registration fee under section 187 133 is $11.05. 133 Section 187 (Refund of fees on surrender of ship’s registration)

185 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 PARTIALLY SMOOTH WATERS schedule 11, deﬁnition “partially smooth waters” 1 Brisbane The waters bounded by an imaginary line drawn— • from parallel 27º05.90' south on the mainland • to South Point, Bribie Island • along the southern shore of Bribie Island to Skirmish Point • to Comboyuro Point, Moreton Island • along the western shore of Moreton Island to Reeders Point • to Amity Point, North Stradbroke Island • to Cleveland Point on the mainland. 2 Maryborough The waters bounded by an imaginary line drawn— • from Burrum Point on the mainland • to the Fairway Beacon, Hervey Bay • to Rooney Point, Fraser Island • along the western shore of Fraser Island to latitude 25º22.90' south • to latitude 25º24.90' south, longitude 152º58.06' east • due west to the mainland at latitude 25º24.90' south. 3 Gladstone The waters bounded by an imaginary line drawn— • from Clews Point on the mainland

186 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) • to East Point, Facing Island • along the southern shore of Facing Island to latitude 23º51.91' south • due west to South Trees Island at latitude 23º51.91' south • along the northernmost shore of South Trees Island to latitude 23º51.91' south at its western shore • due west to the mainland at latitude 23º51.91' south. 4 Keppel Bay The waters bounded by an imaginary line drawn— • from Cattle Point on the mainland • to Sea Hill Point, Curtis Island • along the northern shore of Curtis Island to Cape Keppel • to a point situated .5 n miles east of Egg Rock • to a point situated .5 n miles east of The Child • to a point situated .5 n miles east of Outer Rocks • to Water Park Point on the mainland. 5 Llewellyn Bay The waters bounded by an imaginary line drawn— • from the high water mark on the northern extremity of Cape Palmerston • to latitude 21º18.00' south, longitude 149º20.00' east • to the high water mark on the mainland at latitude 21º18.00' south. 6 Mackay/Hay Point The waters bounded by an imaginary line drawn—

187 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) • from the high water mark on the mainland at latitude 21º18.00' south • to latitude 21º18.00' south, longitude 149º30.00' east • to latitude 21º10.00' south, longitude 149º30.00' east • to latitude 21º07.00' south, longitude 149º18.50' east • to latitude 21º02.50' south, longitude 149º15.00' east • to the high water mark on the mainland at the northern extremity of Slade Point. 7 Sand Bay The waters bounded by an imaginary line drawn— • from the high water mark on the mainland at the northern extremity of Slade Point • to latitude 21º02.50' south, longitude 149º15.00' east • to latitude 20º57.00' south, longitude 149º11.00' east • to latitude 20º52.90' south, longitude 149º04.40' east • to the high water mark on the mainland at the north-eastern extremity of Cape Hillsborough. 8 St Helens Bay The waters bounded by an imaginary line drawn— • from the high water mark on the mainland at the north-eastern extremity of Cape Hillsborough • to latitude 20º52.90' south, longitude 149º04.40' east • to latitude 20º45.00' south, longitude 148º53.00' east • to latitude 20º36.00' south, longitude 148º55.00' east • to the high water mark at the eastern extremity of the southern bank of the mouth of Hervey Creek on the mainland.

188 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) 9 Bowen, Whitsunday Passage and Edgecumbe Bay The waters bounded by an imaginary line drawn— • from the high water mark at the eastern extremity of the southern bank of the mouth of Hervey Creek on the mainland • to the south-western extremity of Shaw Island • along the western shore of Shaw Island and Gaibirra Island to the northern extremity of Gaibirra Island • to the southern extremity of Maher Island • along the western shore of Maher Island to Jesuit Point • to the southern extremity of Harold Island • along the eastern shore to the northern extremity of Harold Island • to the south-eastern extremity of Deloraine Island • along the eastern shore to the north-eastern extremity of Deloraine Island • to a point situated 1 n mile north-east of Pinnacle Point, Hook Island • to a point situated 1 n mile north of Dolphin Point, Hayman Island • to a point situated 1 n mile north of the northern extremity of Eshelby Island • to a point situated 1 n mile north of the northern extremity of Rattray Island • to a point situated 1 n mile north of Gloucester Head, Gloucester Island • to the north headland at the mouth of the Don River on the mainland. 10 Upstart Bay The waters of Upstart Bay south of a line between the north-western extremity of Cape Upstart to the high water mark at approximate latitude 19º40.02' south, longitude 147º36.44' east, in the vicinity of Rita Island

189 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) 11 Townsville The waters bounded by an imaginary line drawn— • from Cape Pallarenda on the mainland • to Bay Rock • to a point situated .5 n miles north of White Rock • to a point situated .5 n miles north of The Point, Magnetic Island • to a point situated .5 n miles north of Orchard Rocks • to Cape Cleveland on the mainland. 12 Palm Islands The waters bounded by an imaginary line drawn— • from Lucinda Point on the mainland • to George Point, Hinchinbrook Island • to the northern extremity of Pelorus Island • along the western shore of Pelorus Island to its south-western extremity • to Iris Point, Orpheus Island • along the western and southern shores of Orpheus Island to latitude 18º39.31' south on the eastern side of the island • to the western extremity of Curacoa Island • along the northern and eastern shores of Curacoa Island to its eastern extremity • to the northern extremity of Great Palm Island • along the western shore of Great Palm Island to latitude 18º44.91' south • due west to the mainland.

190 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) 13 Rockingham Bay The waters bounded by an imaginary line drawn— • from Ninney Point on the mainland • to a point situated .5 n miles east of Clump Point on the mainland • to a point situated .5 n miles east of South Island in the Brook Islands Group • to Cape Sandwich, Hinchinbrook Island • along the northern shore of Hinchinbrook Island to Hecate Point • to the high water mark at latitude 18º14.91' south on the mainland. 14 Cairns The waters bounded by an imaginary line drawn— • from Buchan Point on the mainland • to a point situated .5 n miles north of the northern extremity of Double Island • to a point situated .5 n miles north of Upolu Reef • then following the northern and eastern edges of Upolu Reef at a distance of .5 n miles from the reef • to a point situated .5 n miles off the eastern extremity of Upolu Reef • to the eastern extremity of Green Island • to the eastern extremity of Little Fitzroy Island • along the south-eastern shore to the southern extremity of Little Fitzroy Island • to the north-eastern extremity of Fitzroy Island • along the western shore of Fitzroy Island to its south-western extremity • to the southern headland of Little Turtle Bay on the mainland.

191 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) 15 Port Douglas The waters bounded by an imaginary line drawn— • from Island Point on the mainland • to a point situated .5 n miles east of the Low Islets • to Cape Tribulation on the mainland. 16 Thursday Island The waters bounded by an imaginary line drawn— • from Van Speult Point on the mainland • to a point situated .5 n miles south-west of Barn Island (also known as Parau Island) • to latitude 10º43.51' south, longitude 142º15.87' east on Prince of Wales Island in the vicinity of Rattlesnake Point • along the eastern and northern shores of Prince of Wales Island to Hochepied Head • to the western extremity of Friday Island • to Harrison Rock • to Hammond Rock • to a point situated .5 n miles north of Ince Point, Wednesday Island • to Strait Rock • to King Point, Horn Island • along the eastern and southern shores of Horn Island to Garagar Point • to Peak Point on the mainland • along the shore to Van Speult Point. 17 Weipa The waters bounded by an imaginary line drawn—

192 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 8 (continued) • from Duyfken Point on the mainland • to Thud Point on the mainland • along the shore to Duyfken Point. 18 Karumba The waters from the river mouth within a 7.5 n mile radius of the north head of the Norman River entrance.

193 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 9 SMOOTH WATERS schedule 11, deﬁnition “smooth waters” 1 Brisbane (1) The waters bounded by an imaginary line drawn— • from Cleveland Point on the mainland • to Amity Point, North Stradbroke Island • along the western shore of North Stradbroke Island to longitude 153º26.56' east • due south to South Stradbroke Island • along the western shore of South Stradbroke Island to the outer northern breakwater of the Gold Coast Seaway • to the outer southern breakwater of the Gold Coast Seaway at The Spit on the mainland. (2) The waters bounded by an imaginary line drawn— • from latitude 27º05.90' south on the mainland • to South Point, Bribie Island • along the western shore of Bribie Island to its northern extremity • to the high water mark at longitude 153º07.81' east on the mainland. 2 Maryborough The waters bounded by an imaginary line drawn— • from latitude 25º24.90' south on the mainland • due east to longitude 152º58.06' east • then in a north easterly direction to the intersection of latitude 25º22.90' south and Fraser Island

194 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 9 (continued) • along the western shore of Fraser Island to longitude 153º04.06' east • to Inskip Point on the mainland. 3 Gladstone The waters bounded by an imaginary line drawn— • from latitude 23º51.91' south on the mainland • due east to Facing Island • along the western shore of Facing Island to North Point • to Connor Bluff, Curtis Island • along the southern and western shores of Curtis Island to latitude 23º33.91' south • due west to Division Point on the mainland. 4 Port Alma The waters bounded by an imaginary line drawn— • from Cattle Point on the mainland • to Sea Hill Point, Curtis Island • along the western shore of Curtis Island to latitude 23º33.91' south • due west to Division Point on the mainland. 5 Bowen The waters bounded by an imaginary line drawn— • from Dalrymple Point on the mainland • to Adelaide Point on the mainland • along the shore to Dalrymple Point.

195 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 9 (continued) 6 Lucinda The waters bounded by an imaginary line drawn— • from Lucinda Point on the mainland • to George Point, Hinchinbrook Island • along the southern and western shores of Hinchinbrook Island to Hecate Point • to the high water mark at latitude 18º14.91' south on the mainland. 7 Mourilyan The waters bounded by an imaginary line drawn— • from Goodman Point on the mainland • to Camp Point on the mainland • along the shore to Goodman Point. 8 Cairns The waters bounded by an imaginary line drawn— • from Bessie Point on the mainland • to Ellie Point on the mainland • along the shore to Bessie Point. 9 Port Douglas The waters bounded by an imaginary line drawn— • from Island Point on the mainland • due north to latitude 16º28.41' south • due west to the mainland.

196 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 9 (continued) 10 Cooktown The waters bounded by an imaginary line drawn— • from the vicinity of Queens Chair at longitude 145º15.39' east on the mainland • to latitude 15º27.01' south, longitude 145º15.67' east • due west to the mainland. 11 Thursday Island The waters bounded by an imaginary line drawn— • from longitude 142º15.37' east on Horn Island • due north to latitude 10º33.01' south, near Channel Rock • due west to Hammond Island at latitude 10º33.01' south • along the southern shore of Hammond Island to Kate Point • to Heath Point (also known as Kiwain Point), Prince of Wales Island • along the eastern shore of Prince of Wales Island to Red Point • to Garagar Point, Horn Island • along the western shore to longitude 142º15.37' east on Horn Island. 12 Weipa The waters bounded by an imaginary line drawn— • from Wooldrum Point on the mainland • to latitude 12º35.01' south, longitude 141º47.67' east on the mainland • along the shore to Wooldrum Point.

197 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 9 (continued) 13 Karumba The waters from the river mouth within a 4 n mile radius of the north head of the Norman River entrance.

198 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 10 TORRES STRAIT ZONE schedule 11, deﬁnition “Torres Strait zone” The Torres Strait zone is the area of waters enclosed by an imaginary line drawn— • starting at latitude 10º40.91' south, longitude 145º00.06' east • then due west to the high water mark on the eastern shoreline of Eborac Island at latitude 10º40.91' south • then by the high water mark in a south-westerly direction along the shoreline of Eborac Island to the south-western extremity of the island • then across to the high water mark on the northern extremity of Cape York • then by the high water mark in a westerly direction along the northern shoreline and in a south-westerly direction along the western shoreline of Cape York Peninsula to the western extremity of Vrilya Point at approximate latitude 11º13.41' south, longitude 142º07.07' east • then in a north-westerly direction to the south-western extremity of the protected zone at latitude 10º27.91' south, longitude 141º20.07' east • then due north along longitude 141º20.07' east to where the boundary of the protected zone intersects the boundary of the ﬁsheries jurisdiction line at latitude 10º10.31' south • then in an easterly direction along the boundary of the ﬁsheries jurisdiction line to where the line intersects the longitude 145º00.06' east at latitude 10º13.31' south • then due south along longitude 145º00.06' east to latitude 10º40.91' south at the starting point.

199 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 10A FISHING SHIP OPERATIONAL AREA schedule 11, deﬁnition “ﬁshing ship operational area” The ﬁshing ship operational area is the area of— (a) waters bounded by an imaginary line— • starting at a point that is the intersection of the coastline at the mean high water mark at the boundary of the Northern Territory of Australia and the State of Queensland • then in a north-easterly direction to latitude 15º54.91' south, longitude 138º30.07' east • then due north along longitude 138º30.07' east to its intersection with latitude 14º29.91' south • then due east along latitude 14º29.91' south to its intersection with longitude 139º15.07' east • then due north along longitude 139º15.07' east to its intersection with latitude 11º10.91' south • then in a north-easterly direction along the ﬁsheries jurisdiction line to latitude 10º58.91' south, longitude 140º00.07' east • then in a north-easterly direction along the ﬁsheries jurisdiction line to latitude 10º10.31' south, longitude 141º20.07' east, which is where the ﬁsheries jurisdiction line intersects the western boundary of the protected zone • then in a general easterly direction along the boundary of the ﬁsheries jurisdiction line to where the line intersects longitude 145º00.07' east, latitude 10º13.31' • then due south along longitude 145º00.07' east to its intersection with latitude 12º59.91' south • then in a south-easterly direction to the point of latitude 14º59.91' south, longitude 146º00.07' east

200 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 10A (continued) • then in a south-easterly direction to the point of latitude 18º19.91' south, longitude 148º20.06' east • then in an easterly direction to the point of latitude 18º44.91' south, longitude 152º35.06' east • then in a south-easterly direction to the point of latitude 22º14.90' south, longitude 154º40.06' east • then due south along longitude 154º40.06' east to its intersection with latitude 27º47.32' south • then in a westerly direction to the point of latitude 27º47.90' south, longitude 154º 22.06' east • then in a south-westerly direction to the point of latitude 27º57.90' south, longitude 154º00.06' east • then in a south-westerly direction to the intersection of the eastern shore of Australia with latitude 28º09.90' south • then along the shoreline of the mainland at the mean high water mark returning to the starting point; and (b) the navigable waters of rivers and creeks ﬂowing, directly or indirectly, into the waters in paragraph (a).

201 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 DICTIONARY section 4 “1987 regulation” means the repealed Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987. “approved chemist” see section 110. “approved form” means a form approved by the chief executive under section 185. “area VTS” for part 5, division 5A, see section 92A. “AS/NZS” means a standard published jointly by Standards Australia and Standards New Zealand. “Australian registered ship” means a ship registered under— (a) the Act; or (b) the Shipping Registration Act 1981 (Cwlth); or (c) a law of another State about the registration of ships. “authority” see section 123. “boat harbour” means a boat harbour mentioned in the Transport Infrastructure (Management of Harbour Works) Regulation 1992 , schedule 2. “class” of a ship means the class of the ship under the Code. “classiﬁcation society” means a classification society approved by the Australian Maritime Safety Authority. “coast” means the high water mark on the shoreline of Queensland or any island forming part of the State. “Code” means the Uniform Shipping Laws Code adopted by the Commonwealth, State and Territory Ministers. “Collision Regulations” means the Prevention of Collision Convention within the meaning of the Commonwealth Navigation Act.

202 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) “combination carrier” see section 110. “commercial hire ship” means a commercial ship without master or crew, hired or made available by a person (the “provider” ) for the recreational use of another person (the “user” ) under a commercial arrangement between the provider and the user. Examples of a commercial hire ship — A cruiser, dinghy, houseboat, personal watercraft and yacht hired for recreational use . “commercial ship” means— (a) a ship other than a ﬁshing or recreational ship; or (b) a tender to a ship mentioned in paragraph (a). “convicted” of an offence means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction was recorded. “dangerous cargo” see section 110. “dangerous cargo code” see section 110. “dangerous cargo event” see section 110. “dangerous goods” see section 110. “design approval certiﬁcate” means a certificate issued by the general manager certifying that the general manager has approved the design for a ship, or part of a ship, under section 70A of the Act. “emergency services department” means the department within which the State Counter-Disaster Organisation Act 1975 is administered. “employee” means— (a) a natural person; or (b) an agent who is a natural person. “EPIRB” means an emergency position indicating radio beacon. “explosives” see section 110. “ﬁsheries jurisdiction line” means the line stated in annex 8 to the Torres Strait Treaty. “ﬁshing ship” means—

203 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) (a) a ship operated and licensed as a primary commercial ﬁshing boat or tender commercial ﬁshing boat under the Fisheries Regulation 1995 ; or (b) a ship authorised under an authority under the Fisheries Act 1994 for ﬁshing or aquaculture purposes; or (c) a ship that is a boat for which a licence has been granted under the Fisheries Management Act 1991 (Cwlth) or the Torres Strait Fisheries Act 1984 (Cwlth); or (d) a tender to a ship mentioned in paragraph (a), (b) or (c). “ﬁshing ship operating area” means the waters described in schedule 10A. “further building” see section 23(3). “gas free” see section 110. “Great Barrier Reef Region” has the meaning given by the Great Barrier Reef Marine Park Act 1975 (Cwlth). “gross tonnage” or “gt” of a ship means the gross tonnage of the ship calculated in the way authorised in the International Convention on the Tonnage Measurement of Ships 1969. “handle” see section 110. “holder” of an authority means— (a) for the registration of a ship—the person in whose name the ship is registered; or (b) in any other case—the person to whom the authority is granted. “IMDG Code” see section 110. “IMO” see section 110. “inert condition” see section 110. “inﬂatable ship” means a ship to which International Standards Organisation Standard 6185 for small craft-inflatable boats, parts 1 to 3 applies. “land” means a part of earth’s surface (other than a reef) above the highest water mark.

204 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) “length” means measured length within the meaning of section 1, part 2 of the Code. “local marine service” see section 110. “lower ﬂammable limit” see section 110. “Marine Orders” means the Marine Orders made under section 425(1AA) of the Commonwealth Navigation Act. “marine safety legislation” means any of the following— (a) the Act; (b) the Queensland Marine Act 1958 ; (c) a law of the Commonwealth, a State or a foreign country about marine safety. “MARPOL” has the meaning given by the Transport Operations (Marine Pollution) Act 1995 . “materials hazardous only in bulk” or “MHBs” see section 110. “metres” or “m” , in relation to a ship, means— (a) if used as a stated number of metres—the length of the ship in metres; or (b) if used as more or less than a stated number of metres—the length of the ship is more or less than the stated number of metres. “MS” means a standard made under the Radiocommunications Act 1983 (Cwlth). “ofﬁcial trafﬁc sign” has the meaning given by the Transport Operations (Road Use Management) Act 1995 . “partially smooth waters” means the Queensland waters stated in schedule 8 other than to the extent the waters are within .5 n miles from land. “personal ﬂotation device” or “PFD” means a buoyancy aid that a person wears to keep the person afloat in the water. “personal watercraft” means a power driven ship that—

205 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) (b) has a fully enclosed hull that does not take on water if capsized; and (c) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it. “PFD type 1” means any of the following— (a) a personal ﬂotation device complying with Australian Standard 1512; (b) a lifejacket that conforms with chapter III, regulation 32 of SOLAS; (c) a coastal lifejacket approved under section 10, appendix R of the Code. “PFD type 2” means a personal flotation device complying with Australian Standard 1499. “PFD type 3” means a personal flotation device complying with Australian Standard 2260. “port” has the meaning given by the Transport Infrastructure Act 1994 . “port authority” has the meaning given by the Transport Infrastructure Act 1994 . “positive ﬂotation” , for a ship, means an attribute of the ship to remain afloat in the upright position when it is filled with water, and support its normal compliment of passengers and crew, because of the way the ship is built or the materials from which it is constructed, or both. “protected zone” means the zone stated in annex 9 of the Torres Strait Treaty. “qualiﬁcations” includes experience. “radio” for part 5, division 5A, see section 92A. “recreational ship” means— (a) a ship used exclusively for private recreation; or (b) a tender to a ship mentioned in paragraph (a). “register” means the register of registered recreational ships kept by the chief executive under section 48 or the register of registered

206 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) commercial and ﬁshing ships kept by the general manager under section 48A. “registered” means registered under this regulation. “registrable ship” means a ship to which part 5, division 2 of the Act applies. “restricted use ﬂag” means a flag authorising the operation of a ship for any of the following— (a) for a genuine trial test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment; (b) for building, disposing of, ﬁtting out, relocating, removing or repairing, the ship; (c) if a completed ship is intended to be used as a commercial or ﬁshing ship and an accredited ship designer, builder or marine surveyor has been requested to issue a certiﬁcate of compliance for the ship—for use as a commercial or ﬁshing ship for a term not longer than 28 days; (d) for another purpose necessary to maintain the effectiveness and efﬁciency of the Queensland marine industry for a term not longer than 28 days. “small ship” for part 5, division 5A, see section 92A. “smooth waters” means the waters— (a) of rivers, creeks, streams and lakes; or (b) within breakwaters or revetments; or (c) the waters described in schedule 8 that are within .5 n miles from land; or (d) described in schedule 9. “SOLAS” means the International Convention for the Safety of Life at Sea, 1974, and its Protocols of 1978. “speed” means speed over the ground. “speed sign” means a sign erected or marked under section 97.

207 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 11 (continued) “tender” , for a ship, means an auxiliary ship employed to attend the ship excluding a lifeboat for a commercial or fishing ship required under sections 7 and 10. “Torres Strait Treaty” has the meaning given by the Torres Strait Fisheries Act 1984 . “Torres Strait zone” means the waters described in schedule 10. “training provider” means— (a) a high school or secondary college, including a senior college; or (b) an entity carrying on the business of providing training in the operation of ships. “V sheet” means a rectangular sheet of water resistant material that— (a) is ﬂuorescent orange or red; and (b) has the letter ‘V’ displayed prominently on it in black; and (c) is of a minimum size of 1.8 m x 1.2 m. “whole ship” means all the aspects of designing, building or surveying a ship, or part of a ship that, when combined, ensure that the ship is seaworthy and appropriately equipped to meet the ordinary perils of voyages within its intended operational area. “wing in ground effect craft” means a commercial ship constructed to move above the surface of the water using ground effect to lift off, land and maintain a limited altitude.

208 Transport Operations (Marine Safety) Regulation 1995 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .208 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .208 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .209 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .209 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .210 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .214 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2004. Future amendments of the Transport Operations (Marine Safety) Regulation 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

209 Transport Operations (Marine Safety) Regulation 1995 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 1A 1B 1C 1D 1E 2 2A 2B 2C 2D 2E 3 3A 3B 3C 3D Amendments included to 1996 SL No. 431 to 1997 SL No. 96 to 1997 SL No. 120 to 1997 SL No. 348 to 1998 SL No. 163 to 1998 SL No. 187 to 1998 SL No. 351 to 1999 SL No. 113 to 1999 SL No. 332 to 2000 SL No. 62 to 2000 SL No. 152 to 2000 SL No. 218 to 2000 SL No. 218 to 2000 SL No. 218 to 2001 SL No. 93 to 2002 SL No. 32 to 2002 SL No. 105 3E 3F 3G 3H 3I 3J 3K rv 3L 3M to 2002 SL No. 112 to 2002 SL No. 199 to 2002 SL No. 250 to 2002 SL No. 365 to 2003 Act No. 8 to 2003 SL No. 71 to 2003 SL No. 76 to 2003 SL No. 106 to 2004 SL No. 61 Effective 6 January 1997 18 April 1997 1 July 1997 17 October 1997 22 May1998 1 July 1998 18 December 1998 1 July 1999 17 December 1999 14 April 2000 1 July 2000 1 September 2000 1 September 2000 1 September 2000 1 July 2001 1 March 2002 17 May 2002 1 July 2002 19 August 2002 1 October 2002 20 December 2002 28 March 2003 24 April 2003 2 May 2003 1 July 2003 1 July 2004 Reprint date 7 February 1997 2 May 1997 25 July 1997 3 December 1997 5 June 1998 3 July 1998 8 January 1999 6 October 1999 7 January 2000 21 April 2000 7 July 2000 1 September 2000 3 November 2000 30 March 2001 16 November 2001 15 March 2002 23 May 2002 (Column discontinued) Notes 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Corrected minor errors Reprint No. 1 1, 2

210 Transport Operations (Marine Safety) Regulation 1995 6 List of legislation Transport Operations (Marine Safety) Regulation 1995 SL No. 369 made by the Governor in Council on 14 December 1995 notfd gaz 15 December 1995 pp 1560–5 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 January 1996 (see s 2) exp 1 September 2006 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Department of Transport (Variation of Fees) Regulation (No. 2) 1996 SL No. 114 ss 1–2, 3(e) sch 5 notfd gaz 31 May 1996 pp 823–6 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 1996 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1996 SL No. 430 notfd gaz 20 December 1996 pp 1588–98 ss 1–2 commenced on date of notiﬁcation ss 4–10, 16, 18–19 commenced 6 January 1997 (see s 2 and 1996 SL No. 429) remaining provisions commenced on date of notiﬁcation Note—A regulatory impact statement and an explanatory note were prepared Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1996 SL No. 431 notfd gaz 20 December 1996 pp 1588–98 ss 1–2 commenced on date of notiﬁcation s 5(4) commenced on 1 January 1996 (see s 2(1)) s 54(6) commenced on 1 January 1997 (see s 2(2)) remaining provisions commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1997 SL No. 96 notfd gaz 18 April 1997 pp 1621–2 commenced on date of notiﬁcation Department of Transport (Variation of Fees) Regulation (No. 1) 1997 SL No. 120 ss 1–2, 3(i) sch 9 notfd gaz 16 May 1997 pp 242–4 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 1997 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1997 SL No. 348 notfd gaz 17 October 1997 pp 671–3 commenced on date of notiﬁcation

211 Transport Operations (Marine Safety) Regulation 1995 Transport Operations (Marine Safety) Amendment Regulation (No. 3) 1997 SL No. 443 notfd gaz 12 December 1997 pp 1631–4 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 January 1998 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 4) 1997 SL No. 444 notfd gaz 12 December 1997 pp 1631–4 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 January 1998 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1998 SL No. 18 notfd gaz 27 February 1998 pp 884–6 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 March 1998 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1998 SL No. 163 notfd gaz 22 May 1998 pp 509–14 commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 3) 1998 SL No. 181 notfd gaz 12 June 1998 pp 894–5 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 1998 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 4) 1998 SL No. 187 notfd gaz 26 June 1998 pp 1036–7 commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 5) 1998 SL No. 241 notfd gaz 28 August 1998 pp 2036–7 commenced on date of notiﬁcation Transport Legislation Amendment Regulation (No. 2) 1998 SL No. 254 ss 1–2, 3(e) sch 5 notfd gaz 18 November 1998 pp 239–40 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 November 1998 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 6) 1998 SL No. 351 notfd gaz 18 December 1998 pp 1551–7 commenced on date of notiﬁcation

212 Transport Operations (Marine Safety) Regulation 1995 Transport Operations (Marine Safety) Amendment Regulation (No. 1) 1999 SL No. 15 notfd gaz 5 March 1999 pp 950–53 commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 2) 1999 SL No. 50 notfd gaz 1 April 1999 pp 1534–6 commenced on date of notiﬁcation Transport Legislation Amendment Regulation (No. 1) 1999 SL No. 113 ss 1–2, 3(b) sch 2 notfd gaz 11 June 1999 pp 675–8 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 1999 (see s 2) Road Transport Reform Regulation 1999 SL No. 286 ss 1, 2(2), 4 sch 2 notfd gaz 19 November 1999 pp 1149–52 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 December 1999 (see s 2(2)) Transport Operations (Marine Safety) Amendment Regulation (No. 3) 1999 SL No. 332 notfd gaz 17 December 1999 pp 1586–9 commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2000 SL No. 62 notfd gaz 14 April 2000 pp 1402–3 commenced on date of notiﬁcation Transport Legislation Amendment Regulation (No. 1) 2000 SL No. 89 pts 1, 4 notfd gaz 19 May 2000 pp 218–19 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2000 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2000 SL No. 152 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2000 immediately after the commencement of Transport Legislation Amendment Regulation (No. 1) 2000 SL No. 89 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 3) 2000 SL No. 218 notfd gaz 18 August 2000 pp 1394–5 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 September 2000 (see s 2)

213 Transport Operations (Marine Safety) Regulation 1995 Transport Legislation Amendment Regulation (No. 2) 2001 SL No. 57 pts 1, 5 notfd gaz 25 May 2001 pp 334–6 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2001 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2001 SL No. 93 notfd gaz 29 June 2001 pp 822–5 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2001 immediately after the commencement of the Transport Legislation Amendment Regulation (No. 2) 2001 SL No. 57 (see s 2) Transport Legislation Amendment Regulation (No. 1) 2002 SL No. 32 pts 1, 4 notfd gaz 1 March 2002 pp 850–2 commenced on date of notiﬁcation Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2002 SL No. 105 notfd gaz 17 May 2002 pp 235–6 commenced on date of notiﬁcation Transport Legislation Amendment Regulation (No. 2) 2002 SL No. 112 pts 1, 8 notfd gaz 24 May 2002 pp 308–10 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2002 (see s 2) Transport Legislation Amendment Regulation (No. 3) 2002 SL No. 199 pts 1–2 notfd gaz 16 August 2002 pp 1420–21 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 19 August 2002 (see s 2) Maritime Safety Queensland Regulation 2002 SL No. 250 ss 1–2, 4 sch notfd gaz 27 September 2002 pp 340–4 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 October 2002 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2002 SL No. 365 notfd gaz 20 December 2002 pp 1359–63 commenced on date of notiﬁcation Parliament of Queensland Amendment Act 2003 No. 8 ss 1, 17 sch date of assent 28 March 2003 commenced on date of assent Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2003 SL No. 71 notfd gaz 24 April 2003 pp 1436–7 commenced on date of notiﬁcation

214 Transport Operations (Marine Safety) Regulation 1995 Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2003 SL No. 76 notfd gaz 2 May 2003 pp 57–8 commenced on date of notiﬁcation Transport Legislation Amendment Regulation (No. 2) 2003 SL No. 106 pts 1, 9 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2003 (see s 2) Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2004 SL No. 61 notfd gaz 21 May 2004 pp 191–4 ss 1–2 commenced on date of notiﬁcation remaining provisions commenced 1 July 2004 (see s 2) 7 List of annotations References to latitude or longitude s 4A ins 2002 SL No. 105 s 3 All ships in Queensland waters to be equipped with an EPIRB s 6 amd 1996 SL No. 431 s 4 Commercial ships to comply with Code with changes s 7 amd 1996 SL No. 431 s 5; 1998 SL No. 18 s 4; 2003 SL No. 76 s 3 Fishing ships to comply with Code with changes s 10 amd 1996 SL No. 431 s 6; 2003 SL No. 76 s 4 Application of division s 13 amd 1996 SL No. 431 s 7 Signalling devices for recreational ships on the water at night s 14 amd 1996 SL No. 431 s 8 Safety equipment for recreational ship operating in smooth waters s 15 amd 1997 SL No. 348 s 3 Safety equipment for recreational ship operating in partially smooth waters and beyond s 16 amd 1996 SL No. 431 s 9; 1997 SL No. 348 s 4 Safety equipment for recreational ship that is a personal watercraft prov hdg sub 1997 SL. No. 348 s 5(1) s 18 amd 1997 SL No. 348 s 5(2) sub 2002 SL No. 365 s 3 Declaration applying Act, s 44 to certain equipment s 20 amd 2002 SL No. 365 s 4 Life jacket and PFD sizes s 21 amd 1996 SL No. 431 s 10

215 Transport Operations (Marine Safety) Regulation 1995 Division 7—Producing safety equipment for inspection div hdg ins 2002 SL No. 365 s 5 Producing safety equipment for inspection s 21A ins 2002 SL No. 365 s 5 PART 3—ACCREDITATION, SHIP BUILDING AND REGISTRATION OF SHIPS Application of Act, pt 5, div 4 s 22 amd 1996 SL No. 431 s 11; 2002 SL No. 250 s 4 sch Accreditation as a ship designer, builder or marine surveyor s 24 amd 1998 SL No. 18 s 5; 2002 SL No. 250 s 4 sch Categories of accreditation (ship designer) s 25 amd 1996 SL No. 431 s 12 Categories of accreditation (marine surveyor) s 27 amd 1996 SL No. 431 s 13 Hulls and superstructures taken to be of a certain material s 28 amd 1996 SL No. 431 s 14 Authority given by accreditation s 29 amd 1996 SL No. 431 s 15 Accredited person to take out product liability insurance prov hdg amd 1996 SL No. 431 s 16(1) s 31 amd 1996 SL No. 431 s 16(2); 2002 SL No. 250 s 4 sch Division 1A—Other provisions about ship design and survey div hdg ins 1996 SL No. 430 s 4 Application of Act, pt 5, div 5 s 31A ins 1996 SL No. 430 s 4 Application s 32 sub 1996 SL No. 430 s 5 amd 2002 SL No. 250 s 4 sch Certiﬁcate for design and other documents to general manager before building commences prov hdg amd 2002 SL No. 250 s 4 sch s 33 sub 1996 SL No. 430 s 6 amd 2002 SL No. 250 s 4 sch Certiﬁcate cease to have effect if further building, or need for further building s 35 amd 1996 SL No. 430 s 7 Copy of certiﬁcate to general manager prov hdg amd 2002 SL No. 250 s 4 sch s 36 amd 1996 SL No. 431 s 17; 2002 SL No. 250 s 4 sch Application of Act, pt 5, div 2 s 37 amd 1996 SL No. 431 s 18

216 Transport Operations (Marine Safety) Regulation 1995 Chief executive and general manager to register ships s 40 sub 2002 SL No. 250 s 4 sch Class of registration (commercial ships) s 41 amd 2003 SL No. 76 s 5 Class of registration (ﬁshing ships) s 42 amd 2003 SL No. 76 s 6 Requirements for ﬁrst registration of commercial ship s 43 sub 1996 SL No. 430 s 8 amd 2002 SL No. 250 s 4 sch; 2003 SL No. 76 s 7 Exception for certain ships s 44 sub 1996 SL No. 431 s 19 amd 2002 SL No. 250 s 4 sch Exception for sailing school training ships s 45 amd 2002 SL No. 250 s 4 sch Requirements for ﬁrst registration etc. of ﬁshing ship s 46 sub 1996 SL No. 430 s 9 amd 2002 SL No. 250 s 4 sch; 2003 SL No. 76 s 8 Register of registered recreational ships s 48 sub 2002 SL No. 250 s 4 sch Register of registered commercial and ﬁshing ships s 48A ins 2002 SL No. 250 s 4 sch Registration number to be displayed on registered commercial or recreational ships s 49 amd 1997 SL No. 348 s 6 Displaying registered commercial or ﬁshing ship’s registration certiﬁcate s 50 sub 1996 SL No. 431 s 20 Registration label for registered recreational ship s 51 amd 1996 SL No. 431 s 21 Ride smart sticker to be displayed on personal watercraft s 51A ins 1997 SL No. 348 s 7 Markings for tender to commercial, ﬁshing or recreational ship if tender not required to be registered s 52 amd 1996 SL No. 431 s 22 Authority to use restricted ﬂag s 53 amd 1996 SL No. 431 s 23; 2002 SL No. 250 s 4 sch Flag to be returned s 55 amd 2002 SL No. 250 s 4 sch General manager may issue certiﬁcate of survey for ship prov hdg amd 2002 SL No. 250 s 4 sch s 56 amd 1996 SL No. 430 s 10; 2002 SL No. 250 s 4 sch; 2003 SL No. 76 s 9

217 Transport Operations (Marine Safety) Regulation 1995 PART 4—LICENCES FOR OPERATING SHIPS Application of Act, pt 5, div 3 s 57 amd 1996 SL No. 431 s 24; 2003 SL No. 76 s 10 Licence required to operate etc. commercial ship s 58 amd 1996 SL No. 431 s 25; 1997 SL No. 348 s 8 Licensing exceptions for commercial ships in certain places s 59 sub 1996 SL No. 431 s 26 Licence required to operate etc. ﬁshing ship s 60 amd 1996 SL No. 431 s 27 Licensing exceptions (ﬁshing ship’s master) s 61 amd 1996 SL No. 431 s 28 Licensing exceptions (ﬁshing ship’s chief engineer) s 62 amd 1996 SL No. 431 s 29 Chief executive and general manager may issue licences s 65 sub 2002 SL No. 250 s 4 sch Qualiﬁcations for licences for commercial and ﬁshing ships s 66 amd 2002 SL No. 250 s 4 sch Chief executive or general manager may recognise other qualiﬁcations prov hdg amd 2002 SL No. 250 s 4 sch s 68 amd 2002 SL No. 250 s 4 sch Qualiﬁcations for licence as ship’s pilot s 69 amd 2001 SL No. 93 s 4; 2002 SL No. 250 s 4 sch Pilot licence entities—Act, s 60 s 70 sub 1997 SL No. 444 s 4 om 2001 SL No. 93 s 5 Examinations of applicants for licences s 71 sub 2002 SL No. 250 s 4 sch Approval of entity to conduct examinations s 72 amd 1998 SL No. 18 s 6; 2002 SL No. 250 s 4 sch; 2002 SL No. 365 s 6 Approval of entity to provide training s 73 amd 1998 SL No. 18 s 7; 2002 SL No. 250 s 4 sch; 2002 SL No. 365 s 7 Hovercraft s 74 amd 2002 SL No. 250 s 4 sch Division 4A—Wing in ground effect craft div 4A (s 74A) ins 2003 SL No. 76 s 11 General manager may issue temporary permit for master or crew member prov hdg amd 2002 SL No. 250 s 4 sch 76 amd 2002 SL No. 250 s 4 sch

218 Transport Operations (Marine Safety) Regulation 1995 PART 5—OPERATING SHIPS Division 2—Operational areas and persons carried div hdg amd 1996 SL No. 431 s 30 Operational area of commercial or ﬁshing ships s 79 amd 1996 SL No. 431 s 31 Commercial ship not to carry excess persons s 80 prov hdg amd 1996 SL No. 431 s 32 General manager may issue load line certiﬁcate for ship prov hdg amd 2002 SL No. 250 s 4 sch s 84 amd 2002 SL No. 250 s 4 sch Ship not to be operated unless load line certiﬁcate issued s 86 amd 1996 SL No. 431 s 33 Displaying ship’s load line certiﬁcate s 86A ins 1996 SL No. 431 s 34 Renewal of load line certiﬁcate s 89 amd 1996 SL No. 431 s 35; 2002 SL No. 250 s 4 sch Authority to use or display prescribed signal for training or demonstration s 91 amd 2002 SL No. 250 s 4 sch Division 5A—Reporting ship movements to VTS div hdg ins 2000 SL No. 62 s 3 Deﬁnitions for div 5A s 92A ins 2000 SL No. 62 s 3 def “area VTS” amd 2002 SL No. 250 s 4 sch Application of div 5A s 92B ins 2000 SL No. 62 s 3 Entering pilotage area s 92C ins 2000 SL No. 62 s 3 Navigating ship from berth or anchorage s 92D ins 2000 SL No. 62 s 3 Reaching destination s 92E ins 2000 SL No. 62 s 3 Ships entering pilotage area using services of a pilot s 92F ins 2000 SL No. 62 s 3 Ships navigating in pilotage area using services of a pilot s 92G ins 2000 SL No. 62 s 3 Report requested by harbour master s 92H ins 2000 SL No. 62 s 3 Obligation under s 153 not limited s 92I ins 2000 SL No. 62 s 3

219 Transport Operations (Marine Safety) Regulation 1995 Radio frequencies s 92J ins 2000 SL No. 62 s 3 amd 2002 SL No. 250 s 4 sch Speed limit for ship operating near person in water etc. s 95 prev s 95 om 1996 SL No. 430 s 11 pres s 95 ins 1996 SL No. 430 s 12 sub 1997 SL No. 348 s 9 Speed limit if ship causing damage by its wash s 96 prev s 96 om 1996 SL No. 430 s 11 pres s 96 ins 1996 SL No. 430 s 12 No offence if ship operated at speed necessary for safety s 97 prev s 97 om 1996 SL No. 430 s 11 pres s 97 ins 1996 SL No. 430 s 12 Advertising changing or taking away speed sign s 98 om 1996 SL No. 430 s 11 Compliance with speed signs s 99 om 1996 SL No. 430 s 11 Speed limit for ship operating near person in water etc. s 100 om 1996 SL No. 430 s 11 Speed limit if ship causing damage by its wash s 101 om 1996 SL No. 430 s 11 No offence if ship operated at speed necessary for safety s 102 om 1996 SL No. 430 s 11 Safe speed under Collision Regulations prevails over other speeds s 103 om 1996 SL No. 430 s 11 Division 8—Certain provisions not applicable to enforcement ofﬁcers div hdg sub 1996 SL No. 430 s 13 Certain operational and licensing provisions not to apply to enforcement ofﬁcers s 104 sub 1996 SL No. 430 s 14 Ships operated by Queensland Police Service etc. s 105 om 1996 SL No. 430 s 15 Shipping inspector may require production of licence s 108 amd 2002 SL No. 250 s 4 sch Division 11—Dangerous cargoes Subdivision 1—General provisions sdiv hdg om 1999 SL No. 332 s 3 Reporting requirements for ships loading etc. dangerous cargo s 114 amd 2002 SL No. 250 s 4 sch Reporting dangerous cargo event s 115 amd 2002 SL No. 250 s 4 sch

220 Transport Operations (Marine Safety) Regulation 1995 General manager may require declaration about ship’s cargo prov hdg amd 2002 SL No. 250 s 4 sch s 116 amd 2002 SL No. 250 s 4 sch Subdivision 2—Restrictions on certain dangerous goods sdiv 2 (ss 120–122) om 1999 SL No. 332 s 4 Division 12—Other operational issues div hdg ins 1996 SL No. 431 s 36 Start of certain business activities to be notiﬁed s 122A ins 1996 SL No. 431 s 36 amd 2002 SL No. 250 s 4 sch Deﬁnitions for pt 6 prov hdg sub 2002 SL No. 250 s 4 sch s 123 amd 1996 SL No. 430 s 16 def “administering agency” ins 2002 SL No. 250 s 4 sch def “authority” amd 2002 SL No. 250 s 4 sch Way application made s 124 amd 2002 SL No. 250 s 4 sch Administering agency to decide application within 28 days prov hdg amd 2002 SL No. 250 s 4 sch s 125 amd 1996 SL No. 431 s 37; 2002 SL No. 250 s 4 sch Issuing of authority if application granted s 126 amd 2002 SL No. 250 s 4 sch Temporary accreditation s 128 amd 2002 SL No. 250 s 4 sch Refusal of application for authority s 129 amd 2002 SL No. 250 s 4 sch Grant of authority on conditions s 130 amd 2002 SL No. 250 s 4 sch Renewal of authority s 131 amd 2002 SL No. 250 s 4 sch Div 2 applies to application for renewal s 132 amd 2002 SL No. 250 s 4 sch Amendment of authority at holder’s request s 133 amd 2002 SL No. 250 s 4 sch Amendment of authority on administering agency’s initiative prov hdg amd 2002 SL No. 250 s 4 sch s 135 amd 2002 SL No. 250 s 4 sch Procedure for amending authority s 136 amd 2002 SL No. 250 s 4 sch

221 Transport Operations (Marine Safety) Regulation 1995 Notice to return authority for alteration after amendment s 137 amd 2002 SL No. 250 s 4 sch Grounds for suspension or cancellation of authorities s 138 amd 2002 SL No. 250 s 4 sch Procedure for suspension or cancellation s 139 amd 2002 SL No. 250 s 4 sch Action by general manager following marine incident prov hdg amd 2002 SL No. 250 s 4 sch s 140 amd 2002 SL No. 250 s 4 sch Extension of term of suspension or amendment under s 140 s 141 amd 2002 SL No. 250 s 4 sch Authority to be returned s 143 amd 2002 SL No. 250 s 4 sch Replacement of authority s 144 amd 2002 SL No. 250 s 4 sch Surrender of authority s 145 amd 2002 SL No. 250 s 4 sch Transfer of ship’s registration s 146 amd 2002 SL No. 250 s 4 sch Certain sections about authorities apply to transfer of ship’s registration s 147 amd 1996 SL No. 431 s 38; 2002 SL No. 250 s 4 sch PART 7—PILOTAGE AREAS, COMPULSORY PILOTAGE AREAS AND PILOTS pt hdg sub 2002 SL No. 105 s 4 Division 1—Pilotage areas and compulsory pilotage areas div hdg sub 2002 SL No. 105 s 4 Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a) s 148 sub 2002 SL No. 105 s 4 Closed pilotage areas—Act, s 71(b) s 148A ins 1997 SL No. 96 s 3 exp 28 February 1998 (see s 148A(3)) Application of Act, pt 8 s 149 amd 2002 SL No. 250 s 4 sch Master to give pilotage charge to pilot s 151A ins 1996 SL No. 431 s 39 Conditions for exemption from pilotage s 152 amd 1998 SL No. 351 s 3; 2002 SL No. 250 s 4 sch Pilotage fees if pilotage cancelled s 155A ins 1996 SL No. 431 s 40 amd 2002 SL No. 250 s 4 sch

222 Transport Operations (Marine Safety) Regulation 1995 Conservancy dues for ships s 157 amd 1996 SL No. 431 s 41 Time for paying fees s 160 sub 1996 SL No. 431 s 42 Interest on unpaid fees s 161 sub 1996 SL No. 431 s 43 Chief executive may approve harbour master and general manager may give directions prov hdg amd 2002 SL No. 250 s 4 sch s 164 amd 2002 SL No. 32 s 7; 2002 SL No. 250 s 4 sch Limitation on exercise of power under this part s 165 amd 1996 SL No. 431 s 44; 2002 SL No. 250 s 4 sch Harbour master may carry out direction s 168 amd 1997 SL No. 443 s 4 Buoy mooring category areas s 169A ins 1997 SL No. 443 s 5 amd 2002 SL No. 250 s 4 sch Issue of buoy mooring authorities s 170 amd 1997 SL No. 443 s 6; 2002 SL No. 250 s 4 sch Limitations on issue of buoy mooring authorities s 171 amd 1997 SL No. 443 s 7; 2002 SL No. 250 s 4 sch Conditions of authority for buoy moorings s 172 amd 2002 SL No. 250 s 4 sch Buoy mooring to display identifying number s 173 amd 2002 SL No. 250 s 4 sch Unlawful use of buoy mooring s 174 sub 1997 SL No. 443 s 8 Notice of establishment of buoy mooring s 175 amd 1997 SL No. 443 s 9; 2002 SL No. 250 s 4 sch Removal of buoy mooring on expiry, cancellation or surrender of authority prov hdg amd 1997 SL No. 443 s 10(1) s 176 amd 1997 SL No. 443 s 10(2)–(5) Unauthorised buoy mooring s 177 amd 1997 SL No. 443 s 11; 2002 SL No. 250 s 4 sch Aquatic events s 178 amd 2002 SL No. 250 s 4 sch Ships and activities prohibited in certain waters s 181 amd 1996 SL No. 431 s 45 sub 1997 SL No. 348 s 10 amd 2002 SL No. 250 s 4 sch

223 Transport Operations (Marine Safety) Regulation 1995 Operation of ship by unlicensed person s 182 amd 1996 SL No. 431 s 46 Water skiing or riding on toboggan or tube s 183 amd 1996 SL No. 431 s 47 Appropriate fees and refund in certain cases s 186 amd 2002 SL No. 250 s 4 sch Refund of fees on surrender of ship’s registration s 187 amd 2002 SL No. 250 s 4 sch; 2003 SL No. 71 s 3 Safety equipment for ships under a standard practice instruction s 187A ins 1996 SL No. 431 s 48 Design and construction of ships under a standard practice instruction s 187B ins 1996 SL No. 431 s 48 Review of regulation s 188 amd 2003 No. 8 s 17 sch Fatigue management s 189 ins 2001 SL No. 93 s 6 PART 11—TRANSITIONAL pt hdg om 2002 SL No. 32 s 8 PFD’s and ﬂares for recreational ships s 190 amd 1996 SL No. 431 s 49 exp 2 July 1997 (see s 190(3)) Existing certiﬁcates of survey s 191 amd 1996 SL No. 431 s 50 exp 1 January 1997 (see s 191(6)) Interim display requirements for registration label for registered recreational ship s 192 exp 1 January 1997 (see s 192(3)) Continuation of certain licences s 193 exp 1 January 1997 (see s 193(3)) Transitional registration for certain commercial ships s 194 exp 1 January 2001 (see s 194(5)) Existing load line certiﬁcates s 195 exp 1 January 2001 (see s 195(3)) Interim power of chief executive to increase quantity of dangerous goods handled in pilotage area s 196 prev s 196 amd 1996 SL No. 431 s 51 exp 1 January 1997 (see s 196(4)) pres s 196 ins 1999 SL No. 15 s 3 exp 31 December 1999 (see s 196(6))

224 Transport Operations (Marine Safety) Regulation 1995 Interim power of chief executive to increase quantity of dangerous goods handled in pilotage area s 197 amd 1996 SL No. 431 s 52; 1997 SL No. 443 s 12; 1998 SL No. 187 s 3 exp 1 January 1999 (see s 197(9)) SCHEDULE 1—DECLARATION ABOUT SHIP’S SEAWORTHINESS sub 1996 SL No. 431 s 53 SCHEDULE 2—CLASSES OF LICENCES amd 2001 SL No. 93 s 7; 2003 SL No. 76 s 12 SCHEDULE 2A—PILOT LICENCE ENTITIES ins 1997 SL No. 444 s 5 amd 1998 SL No. 163 s 3; 1999 SL No. 50 s 3 om 2001 SL No. 93 s 8 SCHEDULE 3A—PILOTAGE AREAS FOR FISHING SHIPS FOR VESSEL TRAFFIC SERVICES ins 2000 SL No. 62 s 4 SCHEDULE 3B—PILOTAGE AREAS FOR SMALL SHIPS 10 M OR MORE FOR VESSEL TRAFFIC SERVICES ins 2000 SL No. 62 s 4 SCHEDULE 4—GENERAL SPEED LIMITS om 1996 SL No. 430 s 17 SCHEDULE 6—PILOTAGE AREAS sch hdg sub 2002 SL No. 105 s 5 Southport pilotage area s 1 sub 2002 SL No. 105 s 5 Brisbane pilotage area s 2 sub 2002 SL No. 105 s 5 Noosa pilotage area s 3 sub 2002 SL No. 105 s 5 Maryborough pilotage area s 4 sub 2002 SL No. 105 s 5 Bundaberg pilotage area s 5 sub 2002 SL No. 105 s 5 Gladstone pilotage area s 6 prev s 6 om 1997 SL No. 444 s 6 pres s 6 ins 2002 SL No. 105 s 5 Rockhampton pilotage area s 7 prev s 7 om 1997 SL No. 444 s 6 pres s 7 ins 2002 SL No. 105 s 5 Hay Point pilotage area s 8 sub 2002 SL No. 105 s 5

225 Transport Operations (Marine Safety) Regulation 1995 Mackay pilotage area s 9 sub 2002 SL No. 105 s 5 Whitsundays pilotage area s 10 prev s 10 om 1997 SL No. 444 s 6 pres s 10 ins 2002 SL No. 105 s 5 Bowen pilotage area s 11 prev s 11 om 1997 SL No. 444 s 6 pres s 11 ins 2002 SL No. 105 s 5 Abbot Point pilotage area s 12 sub 2002 SL No. 105 s 5 Townsville pilotage area s 13 sub 2002 SL No. 105 s 5 Lucinda pilotage area s 14 sub 2002 SL No. 105 s 5 Mourilyan pilotage area s 15 sub 2002 SL No. 105 s 5 Cairns pilotage area s 16 sub 2002 SL No. 105 s 5 Port Douglas pilotage area s 17 sub 2002 SL No. 105 s 5 Daintree River pilotage area s 18 prev s 18 om 1997 SL No. 444 s 6 pres s 18 ins 2002 SL No. 105 s 5 Cooktown pilotage area s 19 prev s 19 om 1997 SL No. 444 s 6 pres s 19 ins 2002 SL No. 105 s 5 Cape Flattery pilotage area s 20 sub 2002 SL No. 105 s 5 Thursday Island pilotage area s 21 prev s 21 om 1997 SL No. 444 s 6 pres s 21 ins 2002 SL No. 105 s 5 Skardon River pilotage area s 22 sub 2002 SL No. 105 s 5 Weipa pilotage area s 23 sub 2002 SL No. 105 s 5 Karumba pilotage area s 24 prev s 24 om 1997 SL No. 444 s 6 pres s 24 ins 2002 SL No. 105 s 5 Daintree River pilotage area s 25 om 2002 SL No. 105 s 5

226 Transport Operations (Marine Safety) Regulation 1995 Bloomﬁeld River pilotage area s 26 om 1997 SL No. 444 s 6 Cooktown pilotage area s 27 om 2002 SL No. 105 s 5 Cape Flattery pilotage area s 28 om 2002 SL No. 105 s 5 Thursday Island pilotage area s 29 om 2002 SL No. 105 s 5 Weipa pilotage area s 30 om 2002 SL No. 105 s 5 Karumba pilotage area s 31 om 2002 SL No. 105 s 5 Burketown pilotage area s 32 om 1997 SL No. 444 s 6 SCHEDULE 6A—PILOTAGE AREAS FOR LIMITED EXEMPTION ins 1998 SL No. 351 s 4 SCHEDULE 6B—COMPULSORY PILOTAGE AREAS ins 2002 SL No. 105 s 6 amd 2002 SL No. 365 s 8 SCHEDULE 7—FEES sch hdg sub 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Accreditation of ship designers, ship builders and marine surveyors s 1 amd 1996 SL No. 431 s 54(1) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Registration of recreational ships s 2 amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 181 s 4; 1998 SL No. 254 s 3(e) sch 5; 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Pensioner concessions s 3 amd 1996 SL No. 431 s 54(2) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 181 s 4; 1998 SL No. 254 s 3(e) sch 5; 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8 amd 2000 SL No. 218 s 4 sub 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4

227 Transport Operations (Marine Safety) Regulation 1995 Registration of commercial ships s 4 amd 1996 SL No. 114 s 3(e) sch 5; 1996 SL No. 431 s 54(3)–(4) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16 amd 2003 SL No. 76 s 13 sub 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Registration of ﬁshing ships s 5 amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Other fees relating to registration of ship s 6 amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16 amd 2002 SL No. 199 s 4; 2003 SL No. 71 s 4 sub 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Restricted use ﬂags s 7 amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Design approval certiﬁcates s 8 (prev s 7A) ins 1996 SL No. 430 s 18(1) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16 amd 2002 SL No. 250 s 4 sch sub 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Certiﬁcates of survey s 9 (prev s 8) amd 1996 SL No. 114 s 3(e) sch 5; 1996 SL No. 430 s18(2) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Licence to operate commercial ship or ﬁshing ship s 10 (prev s 9) amd 1996 SL No. 114 s 3(e) sch 5; 1996 SL No. 431 s 54(5) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Licence to operate recreational ships s 11 (prev s 10) amd 1996 SL No. 114 s 3(e) sch 5

228 Transport Operations (Marine Safety) Regulation 1995 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Pilot’s licence or exemption from pilotage s 12 (prev s 11) amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8 amd 2000 SL No. 152 s 4(1) sub 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Other fees relating to authorities s 13 (prev s 12) amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8 amd 2000 SL No. 152 s 4(2)–(3) sub 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Approval of entity to provide training s 14 (prev s 13) amd 1996 SL No. 114 s 3(e) sch 5 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Pilotage fees s 15 (prev s 14) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5; 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10 amd 2001 SL No. 93 s 9(1)–(2) sub 2002 SL No. 112 s 16; 2002 SL No. 250 s 4 sch; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Other pilotage fees s 16 (prev s 15) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5; 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10 amd 2001 SL No. 93 s 9(3)–(4) sub 2002 SL No. 112 s 16; 2002 SL No. 250 s 4 sch; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Conservancy fees s 17 (prev s 16) amd 1996 SL No. 431 s 54(6) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Gross tonnage for certain ships s 18 (prev s 16A) ins 1996 SL No. 431 s 55 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4

229 Transport Operations (Marine Safety) Regulation 1995 Interest rate s 19 (prev s 17) sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5; 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Buoy mooring authority s 20 (prev s 18) sub 1997 SL No. 120 s 3(i) sch 9; 1997 SL No. 443 s 13(1) amd 1998 SL No. 241 s 3 sub 1998 SL No. 254 s 3(e) sch 5 (retro) amd 1998 SL No. 351 s 5 sub 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Concession for particular unrestricted buoy mooring authorities s 21 (prev s 19) sub 1997 SL No. 120 s 3(i) sch 9 amd 1997 SL No. 443 s 13(2) sub 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Authority to conduct aquatic events s 22 (prev s 20) ins 1996 SL No. 431 s 56 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 Administration fee on registration refund s 23 (prev s 21) ins 1996 SL No. 431 s 56 sub 1997 SL No. 120 s 3(i) sch 9; 1998 SL No. 254 s 3(e) sch 5 (retro); 1999 SL No. 113 s 3(b) sch 2; 2000 SL No. 89 s 8; 2001 SL No. 57 s 10; 2002 SL No. 112 s 16; 2003 SL No. 106 s 18; 2004 SL No. 61 s 4 SCHEDULE 8—PARTIALLY SMOOTH WATERS sub 1996 SL No. 431 s 57 amd 1998 SL No. 241 s 4 sub 2002 SL No. 105 s 7 SCHEDULE 9—SMOOTH WATERS sub 1996 SL No. 431 s 58; 2002 SL No. 105 s 7 SCHEDULE 10—TORRES STRAIT ZONE sub 1996 SL No. 431 s 59; 2002 SL No. 105 s 7 SCHEDULE 10A—FISHING SHIP OPERATIONAL AREA ins 1996 SL No. 431 s 60 sub 2002 SL No. 105 s 7 SCHEDULE 11—DICTIONARY def “1987 regulation” ins 2003 SL No. 76 s 14 def “area VTS” ins 2000 SL No. 62 s 5 def “AS/NZS” ins 2003 SL No. 76 s 14 def “boat harbour” ins 1996 SL No. 431 s 61(3) def “coast” ins 1996 SL No. 431 s 61(3)

230 Transport Operations (Marine Safety) Regulation 1995 def “design approval certiﬁcate” ins 1996 SL No. 430 s 19 amd 2002 SL No. 250 s 4 sch def “ﬁshing ship” sub 1996 SL No. 431 s 61(1), (3); 2002 SL No. 365 s 9 def “ﬁshing ship operating area” ins 1996 SL No. 431 s 61(3) def “inﬂatable ship” ins 1996 SL No. 431 s 61(3) def “ofﬁcial trafﬁc sign” amd 1999 SL No. 286 s 4 sch 2 def “partially smooth waters” amd 2002 SL No. 105 s 8(1) def “personal watercraft” amd 1997 SL No. 348 s 11 def “radio” ins 2000 SL No. 62 s 5 def “register” sub 2002 SL No. 250 s 4 sch def “restricted use ﬂag” amd 1996 SL No. 431 s 61(2) def “small ship” ins 2000 SL No. 62 s 5 def “smooth waters” amd 2002 SL No. 105 s 8(2) def “whole ship” ins 1996 SL No. 431 s 61(3) def “wing in ground effect craft” ins 2003 SL No. 76 s 14 INFORMATION ABOUT OMITTED SCHEDULE 4 AS APPLIES UNDER S 230 OF THE ACT AND DOES NOT FORM PART OF REPRINT The following schedule from the Transport Operations (Marine Safety) Regulation 1995 no longer forms part of this regulation. However, the speed limits stated in the schedule are taken to be speed limits ﬁxed by the chief executive under s 230 of the Act until changed by the chief executive by gazette notice. Section 230 reads as follows — ‘230 Transitional provision about speed limits ‘ (1) On the commencement of this section, a speed limit ﬁxed under a regulation and in force immediately before the commencement is taken to be a speed limit ﬁxed by the chief executive. ‘ (2) However, a speed limit taken under subsection (1) to have been ﬁxed by the chief executive is repealed on the commencement of a gazette notice under section 206A replacing the speed limit. ‘ (3) This section expires 2 years after it commences.’.

231 Transport Operations (Marine Safety) Regulation 1995 SCHEDULE 4 GENERAL SPEED LIMITS section 95 Column 1 Waters Column 2 Ships 1. The waters of all canals All 2. The waters of all boat harbours All 3. Smooth water limits All 4. Brisbane River— Ships of draft (a) entrance channel seaward over 3 m of No. 9 beacons; (b) Trinity Inlet inshore from No. 9 beacons; 5. Cairns— Ships of draft (a) entrance channel seaward over 3 m of No. 9 beacons; (b) Trinity Inlet inshore from No. 9 beacons; (c) Smith’s Creek. 6. Weipa— Ships of draft (a) entrance channel seaward over 3 m of No. 9 beacons; (b) Trinity Inlet inshore from No. 9 beacons; Column 3 Maximum speed knots 6 6 40 13 8 10 8 4 10 8

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