Transport Operations (Marine Safety—Bareboat Ships) Standard 2000

Queensland Transport Operations (Marine Safety) Act 1994 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Reprinted as in force on 7 July 2000 Reprint No. 1 * 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 2007 SL No. 113 s 28 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This standard is reprinted as at 7 July 2000. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. A table of reprints is included in the endnotes. Also see endnotes for information about when provisions commenced.

Queensland Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Contents Part 1 1 2 3 4 5 Part 2 6 7 8 9 10 11 12 13 14 Part 3 15 16 17 Part 4 18 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Purpose of standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Meaning of bareboat ship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Obligations of providers Ship must have boarding ladder. . . . . . . . . . . . . . . . . . . . . . . . . . 4 Safety management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Documents to be given to user. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Briefing before user operates ship . . . . . . . . . . . . . . . . . . . . . . . . 6 Ship’s guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Delivery of ship to, and collection from, point of hire . . . . . . . . . . 8 Provider to require user to operate ship within intended area of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Provider to arrange twice daily voice contact . . . . . . . . . . . . . . . . 8 Search and rescue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Obligations of users User not to operate ship outside intended area of operation . . . . 10 User to make twice daily voice contact. . . . . . . . . . . . . . . . . . . . . 10 Hours of operation and night anchorage . . . . . . . . . . . . . . . . . . . 11 Expiry Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 13 14 14

s1 3 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 [reprinted as in force on 7 July 2000] s3 Part 1 Preliminary 1 Short title This standard may be cited as the Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 . 2 Commencement This standard commences on 16 June 2000. 3 Purpose of standard (1) This standard provides ways of dealing with— (a) the safety issue of appropriately managing the operation of a bareboat ship, for the general safety obligation in section 41 1 of the Act; and (b) various safety issues for the general safety obligation 2 in section 43 3 of the Act. (2) This standard does not deal with everything that must be done to discharge those obligations in relation to the safety issues with which this standard deals. 1 Section 41 (General safety obligation of ship owners and masters about condition of ships) of the Act 2 The obligation requires a person involved with a ship’s operation (including the owner, master, pilot and crew members) not to cause the ship to be operated unsafely. 3 Section 43 (General obligation on persons involved with operation of ship to operate it safely) of the Act

s4 4 s7 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 4 Definitions The dictionary in the schedule defines particular words used in this standard. 5 Meaning of bareboat ship (1) A ship is a bareboat ship if the ship is— a) a commercial ship registered under the Marine Safety Regulation as a class 1F ship; and (b) more than 6m in length; and (c) when hired or otherwise made available under a commercial arrangement, made available— (i) for a person’s recreational use; and (ii) without master or crew. Examples of a bareboat ship — A cruiser, houseboat or yacht. (2) Subsection (1) applies even if the ship is part of a flotilla of not more than 6 ships under the supervision of a mother ship. Part 2 Obligations of providers 6 Ship must have boarding ladder The provider of a bareboat ship must ensure the ship has a boarding ladder that extends from the weather deck or transom access point to at least 600mm below the ship’s operational waterline. 7 Safety management plan (1) The provider of a bareboat ship must have a safety management plan for the ship. (2) The plan must deal with the following matters—

s8 5 s8 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 (a) safety precautions for the safe operation of the ship’s motor and systems; (b) the procedure to initiate a rescue; (c) the procedure for making voice contacts; (d) action to be taken in the following emergencies— (i) fire; (ii) person overboard; (iii) collision; (iv) loss of propulsion; (v) grounding or stranding; (vi) medical emergency. 8 Documents to be given to user Before the user of a bareboat ship operates the ship, the provider of the ship must give the user the following documents— (a) official tide tables for the intended area of operation and notes on boating, or documents equivalent to them; 4 (b) a marine guide book for the intended area of operation; (c) large scale Admiralty charts, or Queensland boating safety charts published by the department, for the intended area of operation that clearly show safe anchorages and navigable waters; (d) a basic operations manual for the ship, including instructions on the operation of safety equipment carried aboard the ship; (e) a first aid book; (f) a summary of the action to be taken under the ship’s safety management plan in an emergency, including the procedure for making voice contacts. 4 The department publishes official tide tables for Queensland with notes on boating safety.

s9 6 s9 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 9 Briefing before user operates ship (1) Before the user of a bareboat ship operates the ship, the provider of the ship must ensure the user of the ship is briefed on the following matters— (a) weather conditions forecast by the Bureau of Meteorology for the period for which the ship is hired or made available and for the intended area of operation, but only if the forecast is reasonably available; (b) the likely effect of the weather expected in the intended area of operation; (c) tides and currents and their likely effect on the movement of the ship in the intended area of operation; (d) the location of reefs and anchorages in the intended area of operation; (e) specific hazards and dangers to navigation in the intended area of operation; (f) if there is coral in the intended area of operation, visibility of coral under various conditions of tide, weather and sunlight; (g) dinghy handling, if a dinghy is carried on the ship; (h) handling of the ship while underway; (i) anchoring; (j) operation of the ship’s radio; (k) navigation in the intended area of operation; (l) operation and stowage of lifesaving appliances; (m) all the ship’s systems; (n) the obligation of the master of a ship— (i) under section 43 5 of the Act, not to cause the ship to be operated unsafely; and 5 Section 43 (General obligation on persons involved with operation of ship to operate it safely) of the Act

s9 7 s9 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 (ii) under section 44 6 of the Act, not to operate the ship unless it is equipped with the safety equipment required by the Marine Safety Regulation; and (iii) under section 125 7 of the Act, to report a marine incident; and (iv) under the Transport Operations (Marine Pollution) Act 1995 , section 67, 8 to report a reportable incident. (2) The briefing on the ship’s systems must include a demonstration of the following— (a) the ship’s steering and emergency steering; (b) bilge pumping; (c) if the ship has a motor, starting and operating the motor and what to do if the motor does not start; (d) if the ship is a sailing ship, sail handling, reefing and furling. (3) The briefing must be given by a person— (a) who has sufficient experience and knowledge in the matters mentioned in subsection (1) to give an adequate briefing; and (b) who holds— (i) if the ship’s length is less than 15m—a restricted coxswain’s licence under the Code; or (ii) if the ship’s length is 15m or more—a restricted master class 5 licence under the Code. 6 Section 44 (Safety equipment obligation) of the Act 7 Section 125 (Marine incidents must be reported) of the Act 8 Transport Operations (Marine Pollution) Act 1995 , section 67 (Duty to report certain incidents)

s 10 8 s 13 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 10 Ship’s guide (1) This section applies if the person who has given the user of a bareboat ship a briefing under section 9 considers the user has insufficient skills to operate and navigate the ship properly. (2) The provider of the ship must ensure that a person (the guide ) with demonstrated competence in the safe operation of the ship accompanies the ship while the user operates the ship. (3) The role of the guide is to advise and guide the user in the safe operation of the ship without becoming responsible for the ship’s operation. (4) The provider of the ship must ensure the guide continues to perform that role until the guide considers the user has sufficient skills to operate and navigate the ship properly. (5) Subsections (3) and (4) do not prevent a guide assuming the role of master of a ship. 11 Delivery of ship to, and collection from, point of hire (1) This section applies if the provider of a bareboat ship needs to deliver the ship to, or collect it from, the user of the ship at a particular place. (2) The provider must ensure the ship is operated by a person who has the qualifications mentioned in section 9(3)(b). 12 Provider to require user to operate ship within intended area of operation (1) The provider of a bareboat ship must require the user of the ship to operate it within the intended area of operation for the ship. (2) The intended area of operation for the ship must be within the area of operation stated in the ship’s registration certificate. 13 Provider to arrange twice daily voice contact (1) The provider of a bareboat ship must make arrangements with the user of the ship for the user to make 2 separate voice contacts on each day of the user’s voyage.

s 14 9 s 14 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 (2) The arrangement must specify the time for making each voice contact. (3) The contacts must be made with a person specified by the provider in accordance with the procedure for making voice contacts set out in the summary of the safety management plan for the ship. (4) The person to be contacted under the arrangement must— (a) be competent to advise on the following matters— (i) requirements under the ship’s safety management plan; (ii) safe anchorages; (iii) weather conditions; (iv) the ship’s features; (v) any other matter relevant to the safe operation of the ship; and (b) if a radio is used to make voice contact, hold any licence needed to operate the radio. (5) The purpose of the first contact is to advise the ship’s itinerary for the day. (6) The purpose of the second contact is to advise where the ship will anchor overnight. (7) Advice before a voyage by the user to the provider of the ship’s itinerary for the day may take the place of the first voice contact of the day for this section. (8) The provider must also arrange with the user that, if the user fails to make 3 voice contacts as arranged with the provider, the provider will initiate a search for and rescue of the persons aboard the ship. 14 Search and rescue (1) This section applies if the user of a bareboat ship fails to make 3 voice contacts as arranged with the provider of the ship.

s 15 10 s 16 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 (2) The provider of the ship must initiate a search for and rescue of the persons on board the ship in accordance with the ship’s safety management plan. Part 3 Obligations of users 15 User not to operate ship outside intended area of operation The user of a bareboat ship must not operate the ship outside the intended area of operation for the ship. 16 User to make twice daily voice contact (1) The user of a bareboat ship must make arrangements with the provider of the ship for the user to make 2 separate voice contacts on each day of the user’s voyage. (2) The arrangement must specify the time for making each voice contact. (3) The user must make the voice contacts in accordance with the arrangement. (4) The contacts must be made with a person specified by the provider in accordance with the procedure for making voice contacts set out in the summary of the safety management plan for the ship. (5) In the first voice contact of the day, the user must advise the ship’s itinerary for the day. (6) In the second voice contact of the day, the user must advise where the ship will anchor overnight. (7) Advice before a voyage by the user to the provider of the ship’s itinerary for the day may take the place of the first voice contact of the day for this section. (8) The user must also arrange with the provider that, if the user fails to make 3 voice contacts as arranged with the provider,

s 17 11 s 18 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 the provider will initiate a search for and rescue of the persons aboard the ship. 17 Hours of operation and night anchorage (1) The user of a bareboat ship may operate the ship only between 1 hour before sunrise and 1 hour after sunset on the same day. (2) The user of a bareboat ship must anchor the ship at night in a commonly recognised safe anchorage approved by the provider of the ship. Part 4 Expiry 18 Expiry This standard expires 7 years after it commences.

12 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Schedule Dictionary section 4 bareboat ship see section 5. Code means the Uniform Shipping Laws Code adopted by the Commonwealth, State and Territory Ministers. commercial ship see the Marine Safety Regulation, schedule 11. intended area of operation , for a bareboat ship, means the area in which the provider of the ship intends that the ship will be used while it is hired or otherwise made available. large scale , for a chart, means of a scale large enough to clearly show in detail the location of reefs and other hazards to navigation. length means measured length within the meaning of section 1, part 2 of the Code. Marine Safety Regulation means the Transport Operations (Marine Safety) Regulation 1999 . provider , of a bareboat ship, means a person who hires the ship or otherwise makes the ship available under a commercial arrangement. underway means not at anchor or made fast to the shore or aground. user , of a bareboat ship, means a person to whom the ship is hired or otherwise made available under a commercial arrangement. voice contact means voice contact by radio, telephone, in person or by another way.

13 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 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

14 Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 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. Reprint No. 1 Amendments to none Effective 16 June 2000 Reprint date 7 July 2000 5 List of legislation Transport Operations (Marine Safety—Bareboat Ships) Standard 2000 SL No. 118 made by the chief executive on 6 June 2000 notfd gaz 16 June 2000 pp 555–6 ss 1–2 commenced on date of notification remaining provisions commenced 16 June 2000 (see s 2) exp 16 June 2007 (see s 18) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2007