Transport Operations (Marine Safety) Act 1994 Transport Operations (Marine Safety) Regulation 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Marine Safety) Regulation 2004 . 2 Commencement This regulation commences on 16 August 2004. 3 Role of this regulation compared to the standards (1) The role of this regulation is to prescribe various matters for the Act. (2) Some provisions of this regulation state matters with which particular people must comply. (3) The requirement to comply with a provision of this regulation is in addition to any requirement to comply with a provision of the Act, including, for example, the provisions about the general safety obligations. Note— See sections 40 (General safety obligation of ship designers, ship 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. (4) The role of the standards is to help people understand the general safety obligations. Note— See sections 31 (1) (What is a standard) and 42 (Relationship between regulatory provisions and general safety obligations about the condition of ships) of the Act. s 3 amd 2012 SL No. 204 s 3 4 Definitions The dictionary in schedule 15 defines particular words used in this regulation. 5 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). 6 References to length of ship A reference in this regulation to the length of a ship is a reference to—

(a) for sections 40 and 176, and schedule 10, sections 9 (other than section 9 (2) (c) (i)) and 19—the distance measured from the foremost tip of the hull to the aftermost part of the hull, excluding appendages; or

(b) otherwise—the measured length of the ship within the meaning of the USL code, section 1, part 2.

s 6 sub 2005 SL No. 50 s 4 amd 2006 SL No. 37 s 4; 2006 SL No. 90 s 20; 2010 SL No. 23 s 6 7 References to standards in sch 1 (1) Schedule 1 lists the following standards mentioned in this regulation—

• AS

• AS/NZ

• BS

• ISO.

(2) Schedule 1 is included for information purposes only. Part 2 Safety equipment Division 1 Preliminary div hdg sub 2009 SL No. 57 s 4 8 Purpose of pt 2 The purpose of this part is to—

(a) require particular ships to be equipped with safety equipment; and Note— There are also standards that specify equipment, other than safety equipment mentioned in this part, with which a ship may be equipped. Two of these standards are—

• Transport Operations (Marine Safety—Commercial Ships and Fishing Ships Miscellaneous Equipment) Standard 2006

• Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Standard 2006 .

(b) declare equipment that is safety equipment to which section 44 of the Act applies.

s 8 amd 2009 SL No. 57 s 5; 2012 SL No. 204 s 3 8A NSCV, pt B to be read and applied with NSCV C7A For this part, the NSCV, part B must be read and applied with the NSCV C7A. s 8A ins 2009 SL No. 57 s 6 Division 2 EPIRB for particular ships div hdg sub 2008 SL No. 108 s 4 9 Application of div 2 This division applies to a ship in Queensland waters, other than a ship—

(a) in smooth waters; or

(b) in partially smooth waters; or

s 9 sub 2008 SL No. 108 s 4 9A Ship to be equipped with EPIRB (1) The ship must be equipped with an EPIRB that—

(a) has an operational frequency of 406MHz; and

(b) complies with AS/NZS 4280.1:2003; and

(d) has up-to-date registration; and

(e) has attached to it a current registration label issued by AMSA.

(2) For subsection (1) (d), an EPIRB has up-to-date registration if—

(a) there has been no change in the particulars given by the owner or master of the ship to AMSA under section 9B for the registration of the EPIRB; or

(b) notice of each change in the particulars has been given by the owner or master of the ship to AMSA under section 9C for the EPIRB.

(3) An EPIRB that complies with this section is safety equipment to which section 44 of the Act applies. s 9A ins 2008 SL No. 108 s 4 amd 2011 SL No. 274 s 6 9B EPIRB to be registered with AMSA For section 9A (1) (c), a person who is the owner or master of the ship must register the EPIRB with AMSA by giving notice of the following particulars to AMSA, in the way required by AMSA—

(a) the owner or master’s name, address and phone number;

(b) the name and phone number of a person nominated by the owner or master as the owner or master’s alternative contact;

(d) details of the ship on which the EPIRB is to be operated that are reasonably required by AMSA;

(e) any other details reasonably required by AMSA.

Editor’s note—

• AMSA’s Brisbane office is at level 9, 410 Ann Street Brisbane.

• AMSA has other offices in Queensland.

s 9B ins 2008 SL No. 108 s 4 9C Notice of change in particulars of registered EPIRB (1) For section 9A (2) (b), a person who is the owner or master of the ship must give notice to AMSA, in the way required by AMSA, of any change in the particulars given to AMSA under section 9B for the registration of the EPIRB. (2) The person must give AMSA notice of the change within 14 days after the change. s 9C ins 2008 SL No. 108 s 4 Division 3 Other safety equipment for commercial ships 10 Application of div 3 This division applies to the following ships in Queensland waters—

(a) a ship registered under this regulation as any of the following—

(i) a commercial ship, class 1 passenger ship—class 1A, 1B, 1C, 1D, 1E or 1F; Editor’s note— The USL code, section 1, part 3, clause 6 describes the classifications applicable to commercial and fishing ships under this regulation.

(ii) a commercial ship, class 2 non-passenger ship—class 2A, 2B, 2C, 2D or 2E;

(b) a ship that is registrable under this regulation as a commercial ship in a class mentioned in paragraph (a), but is not registered;

11 Declaration applying Act, s 44 to equipment under this division The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies. 12 Fire appliances—commercial ships to comply with USL code with changes (1) This section applies to a commercial ship mentioned in the USL code, section 11. (2) The ship must be equipped with the fire appliances required for the class of ship under the USL code, section 11. (3) For subsection (2), a reference in the USL code, section 11 to a portable fire extinguisher is taken to be a reference to a fire extinguisher that—

(a) complies with AS/NZS 1850-2009; and

(b) has been serviced and otherwise maintained in accordance with AS 1851—2005; and

(i) is fitted with a discharge hose in accordance with AS 2444—1995; and

(ii) has a rating of at least 2A30B(E) under AS/NZS 1850—1997; and

(d) if the fire extinguisher is a foam fire extinguisher—has a rating of at least 3A20B under AS/NZS 1850—1997; and

(e) if the fire extinguisher is a CO₂ fire extinguisher—has a rating of at least 5B(E) under AS/NZS 1850—1997.

(4) In this section— commercial ship does not include a personal watercraft. s 12 amd 2009 SL No. 57 s 7; 2009 SL No. 299 s 3; 2012 SL No. 204 s 4 13 Safety equipment—commercial ships to comply with NSCV C7A, ch 4 with changes (1) This section applies to a commercial ship if the ship is mentioned in the NSCV C7A, chapter 4. (2) The ship must be equipped with the safety equipment required for the class of ship under that chapter. Note— Under section 8A, for this part, the NSCV, part B must be read and applied with the NSCV C7A. (3) Subsection (2) has effect with the following changes—

(a) a reference in that chapter to complement or to the total capacity of passengers is taken to be a reference to the number of persons on board;

(b) if the ship is involved in diving operations, the requirement under that chapter to be equipped with life jackets is taken to be complied with for a particular person if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999;

(c) if the ship is registered in more than 1 class, the ship need only be equipped with the safety equipment required for the class in which it is then operating; Example for paragraph (c)— A ship is registered as 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 safety equipment for a class 1D ship.

(d) if the ship is operating in smooth waters, the requirement under that chapter to be equipped with life jackets is taken to be complied with if there is a PFD type 1 for each person on board;

(e) if the ship is required under that chapter to be equipped with rescue boats, life rafts or buoyant appliances, the requirement does not apply if—

(i) the ship is less than 6m and there is a statement in the approved form for the ship that the ship has positive flotation; or

(ii) for a ship that is an inflatable ship, there is a statement in the approved form for the ship that the ship has positive flotation when its largest air chamber is deflated;

(f) if life jackets required under that chapter are not available for persons under 32kg, the ship may be equipped with a PFD type 1 for each person under 32kg on board;

(g) the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(4) If the ship is registered as a class 1E or 2E ship and is a high speed ship—

(a) it must be equipped with a flashing yellow all-round light; and

(b) the light must be used while the ship is underway.

(5) In this section— commercial ship does not include a personal watercraft. s 13 amd 2006 SL No. 20 s 4 sub 2009 SL No. 57 s 8 14 Lifesaving appliances for class 1F commercial ship (1) This section applies to a ship registered as a class 1F ship. (2) If the ship is less than 6m, it must be equipped with the safety equipment that would be required for it under section 29 (2), 30 (1), 31 or 33 if it were a recreational ship. (3) If the ship is 6m or more, it must be equipped as follows—

(a) when operating in smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2E ship, but the ship need not be fitted with life jackets if the ship is equipped with a PFD type 1 for each person on board;

(b) when operating in partially smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2D ship;

(c) when operating beyond partially smooth waters—with the lifesaving appliances required under the USL code, section 10, part 3 for a class 2C ship.

(4) Subsection (3) has effect with the following changes—

(a) if a provision of the USL code, section 10, part 3 requires the ship to be equipped with life jackets, lifeboats, life rafts or buoyant appliances having regard to the complement or number of persons the ship is certified to carry, the reference to the complement or number is taken to be a reference to the number of persons on board;

(b) the ship must be equipped with an emergency portable lighting device, capable of giving off reasonable light in an emergency, for each person engaged in the operation of the ship;

(c) the requirement under the USL code, section 10, part 3 to be equipped with distress signals is taken to be complied with if the ship is equipped with a V sheet, 2 handheld red flares and 2 handheld orange smoke signals;

(d) if the ship is involved in diving operations, the requirement under the USL code, section 10, part 3 to be equipped with life jackets is taken to be complied with for a particular person if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999;

(e) if the ship is less than 7m, the ship may be operated without lifebuoys;

(f) the ship need not be fitted with the lifeboats, life rafts or buoyant appliances required under the USL code, section 10, part 3 if—

(i) the ship may have, under the USL code, section 10, part 3, and does have, internal buoyancy as stated in the USL code, section 10, appendix N; or

(ii) for a ship that is an inflatable ship, there is a statement in the approved form for the ship that the ship has positive flotation when its largest air chamber is deflated;

(g) the ship need not be fitted with any life raft required under the USL code, section 10, part 3 if—

(i) the ship has with it a tender capable of carrying everyone on board; and

(ii) the tender is marked or coloured in a way that helps to make the tender visible in the water; and

(iii) there is a statement in the approved form for the tender that the tender has positive flotation;

(h) if the ship operates only in daylight hours, any life jacket required under the USL code, section 10, part 3 need not be fitted with a light;

(i) if life jackets required under the USL code, section 10, part 3 are not available for persons under 32kg, the ship may be equipped with a PFD type 1 for each person under 32kg on board.

s 14 sub 2009 SL No. 57 s 8 15 Safety equipment for class 2E commercial ship owned and operated by particular entity and operating in river etc. (1) This section applies to a commercial ship if the ship—

(a) is registered as a class 2E ship; and

(b) is a type of ship, and is being operated in a way, mentioned in section 84 (2) (h); and

(2) Despite section 13 (3) (d), the requirement under the NSCV C7A, chapter 4 to be equipped with life jackets is taken to be complied with if—

(a) the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and

(b) there is a statement in the approved form for the ship that the ship has positive flotation.

s 15 amd 2009 SL No. 57 s 9 16 Commercial ship used as training ship (1) This section applies to a commercial ship if—

(a) the ship is registered as a class 2E ship; and

(b) the ship is used as a training ship by a training provider; and

(c) the person conducting the training accompanies the training ship in another ship equipped with the safety equipment required under this division for a ship of the class of the other ship.

(2) The training ship need not be equipped with the safety equipment required under this division for a class 2E ship if each person on board the training ship wears a PFD type 1 or 2 at all times. 17 Commercial ship that is a personal watercraft (1) A commercial ship that is a personal watercraft, other than a ship registered as a class 1F ship, must be equipped with—

(a) when operating in smooth waters—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) a PFD type 2 for the operator of, and each passenger on, the watercraft; and

(ii) a V sheet; and

(iii) 2 handheld red flares; and

(iv) 2 handheld orange smoke signals.

(2) However, subsection (1) (b) (ii), (iii) and (iv) does not apply to a personal watercraft operating—

(a) under an aquatic event authority; or

(b) beyond partially smooth waters and within 0.5 nautical miles from land.

(3) For subsection (1), if the operator of, or a passenger on, the personal watercraft is not wearing a PFD with which the personal watercraft is equipped, the personal watercraft is taken not to be equipped with the PFD. (4) The flares and signals mentioned in subsection (1) (b) (iii) and (iv) must conform to—

(a) the USL code; or

(b) SOLAS; or

s 17 amd 2011 SL No. 274 s 7 18 Safety equipment not otherwise stated If this division does not otherwise state the safety equipment that a commercial ship must be equipped with, the ship must be equipped with the safety equipment for a recreational ship as required under division 5. 19 Safety equipment for class 1F ship to comply with particular provisions of USL code (1) The safety equipment with which a class 1F ship must be equipped under this division must be stowed, marked, and be of a type, as stated in the USL code, section 10, parts 1, 2 and 4. (2) If there is a failure to comply with subsection (1), the ship is taken not to be equipped with the safety equipment. s 19 sub 2009 SL No. 57 s 10 19A Safety equipment for commercial ship, other than class 1F ship, to comply with particular provisions of NSCV (1) The safety equipment with which a commercial ship, other than a class 1F ship, must be equipped under this division must comply with the following provisions of the NSCV C7A—

(a) chapter 2, other than clauses 2.11 and 2.12.2;

(b) chapter 3;

Note— The chapters deal with specifications, stowage, marking and maintenance of safety equipment, and other matters. (2) Subsection (1) has effect with the following changes—

(a) a reference in the NSCV C7A, clause 2.10 to ‘Clauses 2.11 to 2.12’ is taken to be a reference to clause 2.12.1;

(b) a reference in the NSCV C7A, clause 5.8, 5.9, 5.10, 5.12 or 5.15 to ‘such longer intervals as recommended by the manufacturer and approved at the time the product is assessed and verified in accordance with Clause 2.12.2’ is taken to be a reference to ‘any longer interval recommended by the manufacturer in writing’;

(c) the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(3) If there is a failure to comply with subsection (1) with the changes under subsection (2), the ship is taken not to be equipped with the safety equipment. s 19A ins 2009 SL No. 57 s 10 amd 2012 SL No. 204 s 3 Division 4 Other safety equipment for fishing ships 20 Application of div 4 (1) This division applies to the following ships—

(a) a ship registered under this regulation as a fishing ship—class 3A, 3B, 3C, 3D or 3E;

(b) a ship that is registrable under this regulation as a fishing ship in a class mentioned in paragraph (a), but is not registered;

(2) However, this division does not apply to the following—

(a) a fishing ship used for fishing in an ocean beach fishery under the Fisheries Act 1994 ;

(b) a tender of the type described in section 60 (2) (h) if the tender—

(i) is not powered; or

(ii) is powered by an engine of less than 3kW.

s 20 amd 2006 SL No. 26 s 65 21 Declaration applying Act, s 44 to equipment under this division The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies. 22 Fire appliances—fishing ships to comply with USL code with changes (1) If the ship is a ship mentioned in the USL code, section 11, it must be equipped with the fire appliances required for the class of ship under the provision. (2) For subsection (1), a reference in the USL code, section 11 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 and otherwise maintained in accordance with AS 1851—2005; and

(i) is fitted with a discharge hose in accordance with AS 2444—1995; and

(ii) has a rating of at least 2A30B(E) under AS/NZS 1850—1997; and

(d) if the fire extinguisher is a foam fire extinguisher, has a rating of at least 3A20B under AS/NZS 1850—1997; and

(e) if the fire extinguisher is a CO₂ fire extinguisher, has a rating of at least 5B(E) under AS/NZS 1850—1997.

s 22 amd 2008 SL No. 230 s 3; 2009 SL No. 299 s 4 23 Safety equipment—fishing ships to comply with NSCV C7A, ch 4 with changes (1) This section applies to a fishing ship if the ship is mentioned in the NSCV C7A, chapter 4. (2) The ship must be equipped with the safety equipment required for the class of ship under that chapter. Note— Under section 8A, for this part, the NSCV, part B must be read and applied with the NSCV C7A. (3) Subsection (2)—

(a) does not apply to a fishing ship that is a tender boat under the Fisheries Act 1994 or is under 10m, if it is equipped with—

(i) the safety equipment required under section 31 for a recreational ship operating beyond smooth waters; and

(ii) an emergency portable lighting device, capable of giving off reasonable light in an emergency, for each person engaged in the operation of the ship; and

(b) has effect with the following changes—

(i) a reference in that chapter to complement in relation to a ship or to the total capacity of passengers is taken to be a reference to the number of persons on board; and

(ii) the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

s 23 sub 2009 SL No. 57 s 11 24 Fishing ship less than 10m or tender boat under Fisheries Act 1994 s 24 amd 2006 SL No. 26 s 66 om 2009 SL No. 57 s 11 25 Safety equipment not otherwise stated If this division does not otherwise state the safety equipment that a fishing ship must be equipped with, the ship must be equipped with the safety equipment as required for a recreational ship under division 5. 26 Safety equipment for fishing ship to comply with particular provisions of NSCV (1) The safety equipment with which a fishing ship must be equipped under this division must comply with the following provisions of the NSCV C7A—

(a) chapter 2, other than clauses 2.11 and 2.12.2;

(b) chapter 3;

Note— The chapters deal with specifications, stowage, marking and maintenance of safety equipment, and other matters. (2) Subsection (1) has effect with the following changes—

(a) a reference in the NSCV C7A, clause 2.10 to ‘Clauses 2.11 to 2.12’ is taken to be a reference to clause 2.12.1;

(c) the change, under section 26B, to what must be shown for an equivalent solution to a required outcome under the NSCV.

(3) If there is a failure to comply with subsection (1) with the changes under subsection (2), the ship is taken not to be equipped with the safety equipment. s 26 sub 2009 SL No. 57 s 12 amd 2012 SL No. 204 s 3 Division 4A Commercial and fishing ships—proposed equivalent solution under NSCV to required outcome about safety equipment div 4A (ss 26A–26B) ins 2009 SL No. 57 s 12 26A Application of div 4A This division applies if section 13, 19A, 23 or 26 applies to a ship. div 4A (ss 26A–26B) ins 2009 SL No. 57 s 12 26B Proposed equivalent solution—change to what must be shown (1) A requirement under the NSCV, part B, clause 2.3.6.2 that equivalent solutions must be proven to satisfy the required outcomes to the extent specified within the NSCV is taken to be a requirement that a person who is the owner or master of the ship must satisfy the general manager that the proposed equivalent solution satisfies the required outcomes to the extent specified in the NSCV. (2) If the general manager is satisfied as mentioned in subsection (1), the general manager must state the following on the registration certificate of the ship to which the equivalent solution relates—

(a) the solution;

(b) that the solution is an equivalent solution for the ship;

(3) A ship is taken not to be equipped with safety equipment that the owner or master of the ship seeks to rely on as an equivalent solution for the ship, unless the ship’s registration certificate states the matters mentioned in subsection (2). div 4A (ss 26A–26B) ins 2009 SL No. 57 s 12 Division 5 Other safety equipment for recreational ships 27 Application of div 5 (1) This division applies to the following ships—

(a) a ship registered under this regulation as a recreational ship;

(b) a ship that is registrable under this regulation as a recreational ship but is not registered;

(2) Also, this division applies to a commercial ship or fishing ship to the extent necessary to give effect to sections 18 and 25. 28 Declaration applying Act, s 44 to equipment under this division The equipment with which a ship is required to be equipped under this division is safety equipment to which section 44 of the Act applies. 29 Lighting devices for signalling for recreational ship on water at night (1) Despite section 27 (1) (c), this section also applies to a recreational ship mentioned in section 60 (2) (f) and (i). (2) A recreational ship 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 (3) Also, the ship must display a flashing white all-round light if the ship—

(a) is used for training or competition; and

(b) is not powered but is propelled by using oars or paddles; and

(4) Subsections (2) and (3) do not limit the obligation of the person operating the ship to equip the ship with navigation lights as required under section 126. 30 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; and

(b) if the ship is more than 5m, firefighting equipment capable of extinguishing fire on the ship quickly and effectively.

(2) However, subsection (1) (a) does not apply if—

(a) the ship operates in a river, creek, stream or the waters contained within breakwaters or revetments; and

(b) the ship is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the ship; and

31 Safety equipment for recreational ship operating in partially smooth waters and beyond (1) A recreational ship, other than a personal watercraft, operating in or beyond partially smooth waters must be equipped with—

(a) if the ship is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and

(b) if the ship is operating beyond partially smooth waters—a PFD type 1 for each person on board; and

(d) 2 handheld red flares; and

(e) 2 handheld orange smoke signals; and

(f) if the ship is more than 5m—firefighting equipment capable of extinguishing fire on the ship quickly and effectively.

(2) The flares and signals mentioned in subsection (1) (d) and (e) must conform to—

(a) the USL code; or

(b) SOLAS; or

s 31 amd 2006 SL No. 20 s 5 32 Exception for person on recreational ship wearing diver’s jacket Despite sections 30 and 31, a recreational ship need not be equipped with a personal flotation device for a person on board, if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999. s 32 amd 2006 SL No. 20 s 6 33 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) For subsection (1), if the operator of, or a passenger on, the personal watercraft is not wearing a PFD with which the personal watercraft is equipped, the personal watercraft is taken not to be equipped with the PFD. (3) Also, a recreational ship that is a personal watercraft operating in or beyond partially smooth waters must be equipped with—

(a) a V sheet; and

(b) 2 handheld red flares; and

(4) However, subsection (3) does not apply to a personal watercraft operating—

(a) under an aquatic event authority; or

(b) beyond partially smooth waters and within 0.5 nautical miles from land.

(5) The flares and signals mentioned in subsection (3) (b) and (c) must conform to—

(a) the USL code; or

(b) SOLAS; or

(6) 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.

s 33 amd 2011 SL No. 274 s 8 33A Stowage and accessibility of safety equipment A recreational ship is taken not to be equipped with safety equipment under this division unless—

(a) the owner or master gives each person on board information about where the safety equipment is kept; and Example— The information may be given orally or in a demonstration or printed sign.

(b) subject to section 33 or 40 (2) (b)—for safety equipment that is a life jacket or personal flotation device (each the flotation device), the flotation device—

(i) is clearly visible while a person is on board; or

(ii) is kept in a place—

(A) from which the flotation device is readily accessible; and

(B) that is indicated by a sign that is clearly visible and has a white background and the word ‘lifejackets’ marked in red letters.

s 33A ins 2011 SL No. 274 s 9 Division 6 Other safety equipment for tenders 34 Application of div 6 This division applies to a tender, if the tender is required to be registered. 35 Declaration applying Act, s 44 to equipment under this division The equipment with which a tender is required to be equipped under this division is safety equipment to which section 44 of the Act applies. 36 Lighting device for signalling for tender on water at night (1) A tender 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 tender to equip the tender with navigation lights as required under section 126. 37 Safety equipment for tender operating in smooth waters (1) A tender operating in smooth waters must be equipped with—

(a) a PFD type 1, 2 or 3 for each person on board; and

(b) if the tender is more than 5m—firefighting equipment capable of extinguishing fire on the tender quickly and effectively.

(2) Despite subsection (1) (a), a tender operating in smooth waters is not required to be equipped with a PFD type 1, 2 or 3 for each person on board—

(a) if—

(i) the tender is used within 1km of the ship for which it is a tender; and

(ii) there is a statement in the approved form for the tender that the tender has positive flotation; or

(b) if—

(i) the tender operates in a river, creek, stream or the waters contained within breakwaters or revetments; and

(ii) the tender is equipped with grab lines, grab rails or other permanent means of giving each person on board a way of keeping a secure hold to the tender; and

(iii) there is a statement in the approved form for the tender that the tender has positive flotation.

38 Safety equipment for tender operating in partially smooth waters and beyond (1) A tender operating in or beyond partially smooth waters must be equipped with—

(a) if the tender is operating in partially smooth waters—a PFD type 1 or 2 for each person on board; and

(b) if the tender is operating beyond partially smooth waters—a PFD type 1 for each person on board; and

(d) 2 handheld red flares; and

(e) 2 handheld orange smoke signals; and

(f) if the tender is more than 5m—firefighting equipment capable of extinguishing fire on the tender quickly and effectively.

(2) Despite subsection (1) (a), a tender operating in partially smooth waters is not required to be equipped with a PFD type 1 or 2 for each person on board if—

(a) the tender is used within 1km of the ship for which it is a tender; and

(b) there is a statement in the approved form for the tender that the tender has positive flotation.

(3) Despite subsection (1) (b), a tender operating beyond partially smooth waters is not required to be equipped with a PFD type 1 or 2 for each person on board if—

(a) the tender is operated within a radius of 500m from its primary ship; and

(b) there is a statement in the approved form for the tender that the tender has positive flotation.

(4) The flares mentioned in subsection (1) (d) must conform to—

(a) the USL code; or

(b) SOLAS; or

s 38 amd 2006 SL No. 20 s 7 39 Exception for person on tender wearing diver’s jacket Despite sections 37 and 38, a tender need not be equipped with a personal flotation device for a person on board if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999. s 39 amd 2006 SL No. 20 s 8 Division 7 Life jackets and personal flotation devices 40 Life jackets and personal flotation devices (1) This section applies if the requirements under this regulation for a ship’s safety equipment include a requirement for a life jacket or personal flotation device for each person on board. (2) The ship is taken not to be equipped with the required safety equipment unless—

(a) there is an appropriate life jacket or personal flotation device for each person on board; and

(b) if the ship is an open boat that is less than 4.8m—

(i) while the ship is underway, each person on board who is under 12 years is wearing—

(A) the required appropriate life jacket or personal flotation device; or

(B) an appropriate PFD type 1; and

(ii) while the ship is crossing a coastal bar, each person on board is wearing—

(A) the required appropriate life jacket or personal flotation device; or

(B) an appropriate PFD type 1.

(3) In this section— appropriate, in relation to a life jacket or personal flotation device for a person, means of an appropriate size for the person. open boat means a ship the structure of which does not include a permanent rigid deckhouse, cabin or other enclosed space suitable for a person to occupy. person means an individual who is 1 year or more. s 40 sub 2006 SL No. 37 s 5 40A Custom-made PFDs (1) This section applies if—

(a) under this regulation, a ship is required to be equipped with a personal flotation device for each person on board; and

(b) the ship is equipped with a custom-made PFD for a person.

(2) The ship is taken to be equipped with the required personal flotation device for the person if—

(a) there is a manufacturer’s declaration for the custom-made PFD; and

(b) the ship is required to be equipped with the type of personal flotation device in place of which the manufacturer’s declaration states the custom-made PFD may be used; and

(i) keeps a copy of the manufacturer’s declaration while the person is on board; and

(ii) reasonably believes the person is the person stated in the manufacturer’s declaration.

(3) In this section— custom-made PFD, for a person, means a personal flotation device that has—

(a) been constructed using the same materials and methods of construction as—

(i) for a custom-made PFD that is used in place of a PFD type 1—a PFD type 1; or

(ii) for a custom-made PFD that is used in place of a PFD type 2—a PFD type 2; or

(iii) for a custom-made PFD that is used in place of a PFD type 3—a PFD type 3; and

(b) flotation appropriate to the type and body mass of the person.

manufacturer’s declaration, for a custom-made PFD, means a declaration by the manufacturer of the custom-made PFD that states the following—

(a) the type of personal flotation device in place of which the custom-made PFD may be used;

(b) that the custom-made PFD has been constructed using the same materials and methods of construction as the type of personal flotation device in place of which the custom-made PFD may be used;

(d) that the custom-made PFD has flotation appropriate to the type and body mass of the person for whom the custom-made PFD has been manufactured;

(e) how the custom-made PFD may be identified.

s 40A ins 2009 SL No. 299 s 5 Division 8 Expiry date for safety equipment 41 Expiry date for particular safety equipment (1) This section applies if a ship is equipped with any of the following safety equipment for this part—

(a) an EPIRB;

(b) a fire extinguisher;

(d) a life raft that is inflatable;

(e) a PFD type 1, 2 or 3 that is inflatable;

(f) smoke signals.

(2) The safety equipment mentioned in subsection (1) must show a legible expiry date (however described) for the equipment. (3) The equipment must be serviced by the manufacturer or the manufacturer’s authorised service agent, or be replaced, before the expiry date. (4) If there is a failure to comply with subsection (2) or (3), the ship is taken not to be equipped with the safety equipment. Part 3 Accreditation, ship building and registration of ships Division 1 Accreditation of ship designers, ship builders and marine surveyors 42 Application of Act, pt 5, div 4 (1) Part 5, division 4 of the Act applies to a commercial ship or fishing ship that—

(a) the general manager would not be able to register under this part unless an application to register the ship were accompanied by a certificate of compliance for the ship; or Note— See division 4 (Registration of ships).

(b) is built in Queensland but is to be operated in another State, or a foreign country, and for which—

(i) an accredited ship designer 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 5.

(2) For this division and section 70 only, a ship mentioned in subsection (1) (b) is a ship connected with Queensland. (3) However, section 67 of the Act does not apply to a commercial ship if after the ship is built—

(a) the ship will be less than 6m; and

(b) the ship will operate only in smooth or partially smooth waters or within 15n miles from land; and

s 42 amd 2005 SL No. 121 s 6; 2009 SL No. 299 s 6; 2012 SL No. 204 s 3 43 Declaration of alterations or replacements that may affect marine safety—Act, schedule, definition building (1) This section declares, for the schedule of the Act, definition building, alterations or replacements that may affect marine safety. (2) An alteration or replacement affecting any of the following in a substantial way is an alteration or replacement that may affect marine safety—

(a) electrical systems; Example— an alteration to, or replacement of, components or wiring in an electrical system

(b) machinery and associated systems; Example— an alteration to, or replacement of, engines, winches, pumping systems or stern gear

• an alteration in position or amount of permanent ballast

• an alteration to scuppers and freeing ports impairing drainage

• an alteration to, or replacement of, a part of a ship (including machinery), that, because of its weight or location, alters the stability of the ship

(d) structural sufficiency; Example— an alteration to, or replacement of, the hull, bulkhead, deck or superstructure

(e) watertight integrity and subdivision. Example— an alteration of, or replacement to, a hull, watertight bulkhead, deck, enclosed superstructure, or weathertight or watertight closing device

s 43 amd 2008 SL No. 230 s 4 44 Accreditation as a ship designer, ship builder or marine surveyor (1) The general manager may accredit a person as a ship designer, ship builder or marine surveyor. (2) The general manager may accredit the person only if the person satisfies the general manager that the person qualifies for accreditation under a standard made for this section. (3) The procedure for accreditation is in part 6. s 44 amd 2006 SL No. 20 s 9 45 Categories of accreditation for ship designer (1) The categories of accreditation as a ship designer are as follows—

(a) for hulls—aluminium hull, ferro-cement hull, fibre-reinforced plastic hull, steel hull or timber hull;

(b) for superstructures—for any of the hull materials mentioned in paragraph (a);

(d) load line;

(e) machinery—including propulsion and associated systems;

(f) MARPOL requirements;

(g) safety equipment;

(h) stability—including subdivision.

(2) The categories of accreditation as a ship designer may include any part of a category mentioned in subsection (1) decided by the general manager. 46 Categories of accreditation for ship builder (1) 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 or timber hull;

(b) for superstructures—for any of the hull materials mentioned in paragraph (a);

(d) machinery—including propulsion and associated systems;

(e) MARPOL requirements;

(f) safety equipment.

(2) The categories of accreditation as a ship builder may include any part of a category mentioned in subsection (1) decided by the general manager. 47 Categories of accreditation for marine surveyor (1) 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 or timber hull;

(b) for superstructures—for any of the hull materials mentioned in paragraph (a);

(d) load line;

(e) machinery—including propulsion and associated systems;

(f) MARPOL requirements;

(g) safety equipment;

(h) stability—including subdivision.

(2) The categories of accreditation as a marine surveyor may include any part of a category mentioned in subsection (1) decided by the general manager. 48 Hull and superstructure taken to be built of particular material For sections 45 (1) (a) or (b), 46 (1) (a) or (b) and 47 (1) (a) or (b), a hull or superstructure is taken to be built of a material if it is primarily built of the material. 49 Authority given by accreditation (1) An accredited person may issue a certificate of compliance in the approved form for a ship in the category for which the accredited person is accredited. (2) The certificate of compliance has effect subject to the conditions stated in the Act, including in this regulation, and the accredited person’s accreditation. (3) However, an accredited person 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. (4) An accredited person that is a corporation must inform the general manager when an individual having the supervision and management of the designing, building or surveying of a ship stops being engaged by the corporation. Maximum penalty—20 penalty units. 50 Accredited person to keep documents (1) This section applies to an accredited person who carries on a business (the business) of ship designing, ship building or marine surveying. (2) The accredited person must, under subsections (3) and (4), bring into existence and keep the following documents (the documents) for the business—

(a) an operational plan (the operational plan) of a suitable standard showing—

(i) the management structure; and

(ii) individual responsibilities and the 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

(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) all significant rectifications and alterations found necessary in the designing, building or surveying process;

(iv) if the accredited person is a corporation—

(A) the individual mentioned in section 49 (3); and

(B) the ships or parts of ships for which the individual had the supervision and management of the designing, building or surveying.

Maximum penalty—100 penalty units. (3) The operational plan must be brought into existence within 30 days after the business is started. (4) The production record must be brought into existence within 1 week after the business is started, and must be brought up-to-date every week after the business is started. (5) The operational plan is taken to be of a suitable standard if it is a current operational quality management and assurance system certified by a certification entity. (6) The accredited person must ensure that—

(a) entries in the documents are complete and accurate; and

(b) if there is a change to something mentioned in subsection (2) (a)—the documents are amended to show the change within 14 days after the change; and

(i) at the accredited person’s place of business; and

(ii) for at least 7 years after they are made.

Maximum penalty—100 penalty units. (7) In this section— accredited includes temporarily accredited under section 153. certification entity means an entity that—

(a) is accredited by the council; and

(b) is kept on the council’s register of certification entities.

council means the Council of Joint Accreditation System of Australia and New Zealand. s 50 amd 2008 SL No. 230 s 5; 2009 SL No. 299 s 7 51 Accredited person not to issue certificate of compliance unless insured (1) An accredited person must not issue a certificate of compliance for a ship, or part of a ship, that is designed, built or surveyed by the person while the person is accredited unless the person is covered by an insurance policy providing for the person’s legal liability arising out of or in respect of the issue of the certificate. Maximum penalty—100 penalty units. (2) This section is subject to section 53. 52 Accredited person to maintain policy (1) This section applies if an accredited person has issued a certificate of compliance for a ship, or part of a ship, whether before or after the commencement of this section. (2) While the accredited person continues to be accredited, the person must obtain and keep in force an insurance policy providing for the liability mentioned in section 51 (1). Maximum penalty—100 penalty units. (3) The accredited person must give the general manager a copy of the certificate of insurance or renewal of the policy within 5 business days after taking out or renewing the policy. Maximum penalty—50 penalty units. (4) This section is subject to section 53. 53 Accredited person who can not obtain insurance for s 51 (1) This section applies if the general manager is satisfied that an accredited person can not reasonably obtain or keep in force an insurance policy providing for the liability mentioned in section 51 (1). (2) The general manager may, by written notice given to the accredited person, allow the person to issue a certificate of compliance for a ship, or part of a ship, if the general manager is satisfied that—

(a) it is necessary to allow the accredited person to issue certificates of compliance to maintain the efficiency and effectiveness of the Queensland maritime industry; and

(b) marine safety will not be significantly affected.

(3) The notice may contain any conditions about issuing certificates of compliance that the general manager considers necessary. (4) The accredited person must comply with any conditions imposed by the general manager about issuing certificates of compliance. Maximum penalty—100 penalty units. (5) Before the accredited person enters into a contract with another person in relation to an activity for which the accredited person is accredited, the accredited person must give the other person a written notice stating that the accredited person does not have an insurance policy providing for the liability mentioned in section 51 (1). Maximum penalty—100 penalty units. Division 2 Other provisions about ship design and survey 54 Application of Act, pt 5, div 5 Part 5, division 5 of the Act applies to the ships to which, under section 42 (1) of this regulation, part 5, division 4 of the Act applies. Division 3 Building of ships 55 Application of div 3 This division applies to a ship that—

(a) is mentioned in section 42 (1); or

(b) if built, would be a ship mentioned in section 42 (1); or

(i) the documents produced to the general manager when the ship was registered included a current certificate of survey for the ship issued under section 70, or a certificate equivalent to a certificate of survey issued under a law of the Commonwealth or another State, or by a classification society; and

(ii) the ship is the subject of further building.

56 Certificate for design and other documents to be given to general manager before building starts 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 at least 5 business days written notice of the person’s intention to build the ship or part together with—

(a) particulars 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) the design approval certificate for the ship or part.

Maximum penalty—100 penalty units. 57 Responsibility for ensuring issue of certificate of compliance for survey (1) This section applies if—

(a) a person (the 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.

(2) The builder must—

(a) ensure the ship or part is surveyed by a marine surveyor who is accredited to survey the ship or part; and

(b) obtain from the surveyor a certificate of compliance for the survey of the ship or part.

Maximum penalty—100 penalty units. (3) If the builder is building the ship or part for another person, the builder must give the certificate of compliance mentioned in subsection (2) (b) to the other person when delivering the ship or part. Maximum penalty—10 penalty units. (4) However, the builder is not required to comply with subsections (2) and (3) if—

(a) the builder is building the ship or part for another person; and

(b) before the building started, the other person gave the builder a signed notice stating the other person did not require the builder to comply with subsections (2) and (3).

(5) If, under subsection (4), the builder is not required to comply with subsections (2) and (3), the other person must—

(a) ensure the ship or part is surveyed by a marine surveyor who is accredited to survey the ship or part; and

(b) obtain from the surveyor a certificate of compliance for the survey of the ship or part.

Maximum penalty—100 penalty units. 58 Effect on certificates if further building (1) This section applies if—

(a) further building of a ship takes place; or

(b) something happens to a ship that requires further building of the ship before it may be operated safely.

(2) A certificate of compliance or design approval certificate for the ship stops having effect so far as it relates to the ship, or part, that is the subject of the further building or required further building. 59 Copy of certificate to general manager (1) Subsection (2) applies if—

(a) further building of a ship, or part of a ship, is to take place; and

(b) an accredited ship designer issues a certificate of compliance for the ship or part.

(2) The accredited ship designer must give the general manager a copy of the certificate within 5 business days after issuing the certificate. Maximum penalty—10 penalty units. (3) Subsection (4) applies if—

(a) further building of a ship, or part of a ship, has been completed; and

(b) an accredited ship builder or marine surveyor issues a certificate of compliance for the ship or part.

(4) The accredited ship builder or marine surveyor must give the general manager a copy of the certificate within 5 business days after issuing the certificate. Maximum penalty—20 penalty units. Division 4 Registration of ships 60 Application of Act, pt 5, div 2 (1) The following are ships to which part 5, division 2 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.

Note— Ships mentioned in subsection (1) must be registered. (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), and for which there is a current certificate of survey under the law of the Commonwealth;

(b) a commercial ship, other than a barge or a composite ship, that—

(i) is not powered; or

(ii) is powered by an engine of less than 3kW;

(i) not powered, or is powered by an engine of less than 3kW; and

(ii) 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

(D) operating a pile frame; and

(iii) not equipped with—

(A) a crane with a safe working load of more than 3t; or

(B) dredging machinery having a total brake power of 500kW or more;

(d) a commercial ship that—

(i) is not powered; and

(ii) is not intended for navigation; and

(iii) is permanently fixed to a structure on the shore by a steel cable, chain or rod;

(e) a fishing ship less than 10m;

(f) a recreational ship that—

(i) is not powered; or

(ii) is powered by an engine of less than 3kW;

(g) a recreational ship on a Queensland intrastate voyage, or an interstate voyage in Queensland waters, if—

(i) the ship is registered under a law of another State about the registration of ships; and

(ii) the ship’s owner is not an individual or person mentioned in subsection (1) (a) (i), (ii) or (iii);

(h) a tender, other than a tender boat under the Fisheries Act 1994 , to a fishing ship if—

(i) the tender is operated only within the same distance from the fishing ship as a tender boat under the Fisheries Act 1994 may, under that Act, operate from its primary boat; and

(ii) before the tender is used for the fishing ship, the owner of the ship writes in an equipment list or logbook kept for the ship particulars of the tender sufficient to identify it;

(i) a tender to a registered recreational ship if the tender is operated only within a radius of 2n miles from the recreational ship;

(j) a tender to a registered commercial ship if the tender is—

(i) operated only within a radius of 2n miles from the commercial ship; and

(ii) before the tender is used for the commercial ship, the owner of the ship writes in an equipment list or logbook kept for the ship particulars of the tender sufficient to identify it;

(k) a ship displaying a restricted use flag under division 8;

(l) 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) (i), (ii) or (iii);

(m) to the extent the ship may be required to be registered as a commercial ship under this division, a ship registered as a recreational ship that—

(i) is a personal watercraft; and

(ii) is provided and operated by a person participating in a training program in the operation of personal watercraft.

Note— Ships mentioned in subsection (2) do not have to be registered. (3) Part 5, division 2 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 when 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. (4) In subsection (2) (c)— composite ship means a ship made up of a number of ships welded, bolted or otherwise rigidly connected together. s 60 amd 2005 SL No. 121 s 7; 2006 SL No. 26 s 67; 2011 SL No. 274 s 10; 2012 SL No. 204 s 3 61 Owner to register ship (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. 62 Chief executive and general manager to register ships (1) The chief executive may register a ship as a recreational ship if the chief executive considers the ship is, or will be, a recreational ship. (2) The general manager may register a ship as a commercial ship or fishing ship according to its class under the USL code if the general manager considers the ship is, or will be, a commercial ship or fishing ship of that class. Examples of registration for subsection (2)—

• commercial ship—class 1 passenger ship, class 1B

• fishing ship—class 3 fishing ship, class 3B

62A Ship may not be registered without builders plate (1) This section applies to a ship to which a builders plate is required to be fixed under part 3, division 7A. (2) If a person applies for the ship to be registered as a recreational ship, it is the first time the ship is to be registered as a recreational ship under the Act and either of the following applies, the chief executive may refuse to register the ship as a recreational ship—

(a) a builders plate is not fixed to the ship in accordance with the ABP Standard;

(b) the chief executive reasonably believes information on a builders plate on the ship is incorrect or has not been approved by a person mentioned in section 79J.

(3) If a person applies for the ship to be registered as a commercial ship or fishing ship, it is the first time the ship is to be registered as a commercial ship or fishing ship under the Act and either of the following applies, the general manager may refuse to register the ship as a commercial ship or fishing ship—

(a) a builders plate is not fixed to the ship in accordance with the ABP Standard;

(b) the general manager reasonably believes information on a builders plate on the ship is incorrect or has not been approved by a person mentioned in section 79J.

s 62A ins 2006 SL No. 238 s 3 63 Classes of registration of commercial ships and fishing ships (1) The registration classes under the USL code for a commercial ship are set out in schedule 2, part 1 of this regulation for information purposes. (2) The registration classes under the USL code for a fishing ship are set out in schedule 2, part 2 of this regulation for information purposes. 64 Use of commercial or fishing ship for private recreational purposes (1) This section applies if the owner of a registered commercial or fishing ship intends the ship to be used for genuine private recreational purposes by the owner or a person nominated by the owner. (2) Before the ship is used for recreational purposes, the owner must state in the ship’s records—

(a) the date and time when the recreational use of the ship starts; and

(b) if a nominated person is to use the ship—the name of the nominated person.

Maximum penalty—20 penalty units. (3) The following provisions apply for the period of the recreational use—

(a) the ship is taken to be registered as a recreational ship;

(b) the provisions of this regulation about recreational ships and their operation apply to the ship;

(c) the provisions of this regulation about the operation of the ship as a commercial ship or fishing ship, do not apply to the ship;

(d) the provisions of this regulation about a condition of registration applying to the ship, do not apply to the ship.

(4) After the recreational use of the ship ends, the owner must state in the ship’s records the date and time when the use ended. Maximum penalty—20 penalty units. 65 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) either of the following applies to the ship—

(i) the ship has not been previously registered as a commercial ship under this regulation or the 1995 regulation;

(ii) the ship has been previously registered as a commercial ship under this regulation or the 1995 regulation and—

(A) the registration was cancelled under part 6 or the 1995 regulation; or

(B) the registration has expired and more than 6 months has elapsed since the expiry.

(2) If the ship has not been previously registered as a commercial ship, the general manager may register it as a commercial 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;

(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 70, or a certificate equivalent to a certificate of survey issued under a law of the Commonwealth or another State, or by a classification society.

(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 the 1995 regulation, section 191 (3) 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 has been previously registered as a commercial ship, 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. (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. 66 Exception for particular ships (1) This section applies to a commercial ship of less than 6m that—

(a) is registrable as a class 1F, 2C, 2D or 2E ship; and

(b) operates in smooth or partially smooth waters, or within 15n miles from land.

(2) Despite section 65, the general manager may register the ship if the application for registration of the ship is accompanied by—

(a) both of the following documents—

(i) a statement in the approved form that the ship has positive flotation;

(ii) a signed statement, that the ship is suitable for its intended use and area of operation, by the ship’s builder, the builder’s agent, an accredited ship designer, an accredited ship builder or an accredited marine surveyor; or

(b) a certificate of compliance for the building or surveying of the whole ship from an accredited ship builder or an accredited marine surveyor; or

(c) a design approval certificate stating the information about the suitability of the ship and its positive flotation that would be included in the statements mentioned in paragraph (a)(i) and (ii); or

(d) if the ship is a standard production vessel—a design approval certificate issued for a ship of the same make and model.

(3) If a design approval certificate mentioned in subsection (2) (c) or (d) does not include information that would be included in the statements mentioned in subsection (2) (a) (i) and (ii), the application for registration must include the information. s 66 amd 2005 SL No. 121 s 8 67 Exception for sail training ships (1) Despite section 65, the general manager may register a commercial ship used as a sail training ship if the application for registration of the ship is accompanied by a safety compliance form for the ship issued by Yachting Queensland. (2) For subsection (1), the safety compliance form—

(a) must have been issued not more than 1 month before the application for registration is made; and

(b) must be to the effect that the ship complies with relevant Yachting Australia standards.

68 Requirements for first registration of fishing ship (1) This section applies if—

(a) an application is made to the general manager to register a ship that is at least 10m as a fishing ship; and

(b) either of the following applies to the ship—

(i) the ship has not been previously registered as a fishing ship under this regulation;

(ii) the ship has been previously registered as a fishing ship under this regulation or the 1995 regulation, and—

(A) the registration was cancelled under part 6 or the 1995 regulation; or

(B) the registration has 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 14m; and

(b) operates only in a pilotage area; and

(3) If the ship has not been previously registered as a fishing ship, the general manager may register it 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;

(ii) other than for the ship design, certificates of compliance from an accredited ship builder or an accredited marine surveyor; or

(4) A person is taken to have given the general manager certificates of compliance necessary for subsection (3) (a) if—

(b) the ship is a ship for which—

(i) a replacement certificate was issued, or could have been issued, under the 1995 regulation, section 191 (3) 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 has been previously registered as a fishing ship, 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. (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. 69 Declaration about ship’s seaworthiness in certificate of compliance (1) A certificate of compliance for a ship, or part of a ship, must include a declaration in the approved form about whichever of the following aspects of seaworthiness the certificate relates to—

(a) ship design;

(b) ship construction;

(d) ship’s safety equipment;

(e) ship stability;

(f) ship’s load line.

(2) The certificate may also include other issues about the condition of the ship, or part, affecting marine safety. Division 5 Certificates of survey 70 General manager may issue certificate of survey for ship (1) The general manager may issue a certificate of survey for a ship. (2) The general manager may issue the certificate only if the application for the certificate is accompanied by—

(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 the survey of the whole ship issued by an accredited marine surveyor.

(3) The general manager may issue the certificate only if—

(a) the general manager has inspected the ship, if the general manager considers an inspection is necessary; and

(b) the general manager is satisfied the design or survey of the ship conforms with the requirements of standards about ship design or survey made under part 4, division 2 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 was issued, or could have been issued, under the 1995 regulation, section 191 (3) as in force immediately before the expiry of the section; or

(b) 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

(c) a certificate equivalent to a certificate of survey 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. Division 6 Ship register 71 Definitions for div 6 In this division— insolvent under administration means—

(a) a person who is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth) or the provisions of a foreign law that correspond to that Act; or

(b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if the terms of the deed have not been fully complied with; or

(c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X or the provisions of a foreign law that correspond to that Act, if a final payment has not been made under that composition; or

(d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part IX or the provisions of a foreign law that correspond to that Act, if the debt agreement has not ended or has not been terminated.

interested person means a person who satisfies the chief executive or the general manager that the person has a legitimate interest in obtaining access to the information in the register kept by the chief executive or general manager under this division, including, for example, that the person—

(a) is proposing to sign, or has signed, a contract to buy, sell, lease or insure the ship or to otherwise deal with the ship; or

(b) is proposing to commence, or has commenced, litigation in a proceeding in a court for which information in the register about a particular ship is, or may be, of relevance, but only if—

(i) the proceeding is about—

(A) a marine incident involving the ship; or

(B) the registered owner of the ship being or possibly becoming an insolvent under administration; or

(C) the application, or the possible application, to the registered owner of the ship, of the provisions of the Corporations Act relating to external administration; or

(D) fraudulent activities of the registered owner of the ship; or

(ii) the proceeding is before the Family Court of Australia and involves the registered owner of the ship; or

(iii) in the course of the proceeding, the court decides information about the registered owner of the ship is required, including, for example, to help to finalise the proceeding.

s 71 amd 2005 SL No. 50 s 5 72 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 registered recreational ship—

(a) the registered owner’s name and address;

(b) the registration number;

(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 14 days after changes to a particular of a ship’s registration, other than a change in the ship’s ownership, the registered owner must give the chief executive written notice of the change in the approved form. Note— For transfer of a ship’s registration, see section 173 (Transfer of ship’s registration). Maximum penalty—10 penalty units. (5) An interested 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.

s 72 amd 2012 SL No. 204 s 3 73 Register of registered commercial and fishing ships (1) The general manager must keep a register of registered commercial ships and fishing ships. (2) The general manager must record in the register the following particulars for a registered commercial ship or fishing ship—

(a) the registered owner’s name and address;

(b) the registration number;

(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 ship or fishing ship decided by the general manager. (4) Within 14 days after changes to a particular of a commercial ship’s or fishing ship’s registration, other than a change in the ship’s ownership, the registered owner must give the general manager written notice of the change in the approved form. Maximum penalty—10 penalty units. (5) An interested 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 7 Display of registration and other documents and markings on ships 74 Registration number of commercial ship or recreational ship to be displayed (1) A person who is the owner or master of a registered commercial ship or recreational ship must ensure the ship’s registration number is displayed on the ship in the way required under this section. Maximum penalty—50 penalty units. (2) The registration number must be—

(a) above the waterline when the ship is afloat; and

(b) permanently displayed—

(i) in dark colours on a light background; or

(ii) in light colours on a dark background; and

(3) Also, the registration number must be displayed—

(a) for a ship capable of achieving a planing attitude, other than a personal watercraft—on both sides of the ship in characters at least 150mm high; or

(b) for a personal watercraft—on both sides of the watercraft in characters at least 100mm high; or

s 74 amd 2005 SL No. 121 s 9; 2015 SL No. 160 s 17 75 Registration certificate of commercial ship or fishing ship to be displayed (1) A person who is the owner or master of a registered commercial ship or fishing ship must ensure the ship’s registration certificate is displayed in the following way, unless it is not reasonably practicable to do so—

(a) in a conspicuous place on the ship;

(b) in a way that allows it to be read by anyone on board.

Maximum penalty—100 penalty units. (2) If it is not reasonably practicable for the person to comply with subsection (1), the person must ensure that the ship’s registration certificate is kept on the ship. Maximum penalty—100 penalty units. 76 Registration label of recreational ship to be attached (1) A person who is the owner or master of a registered recreational ship must ensure that the ship’s current registration label is attached to the ship in the way required under this section. Maximum penalty—10 penalty units. (2) The registration label must be—

(a) on the exterior of the ship in a conspicuous place; and

(b) above the waterline when the ship is afloat.

(3) Also, the registration label must be—

(a) if the ship’s registration number is displayed on the stern of the ship—on the ship’s stern; or

(b) if the ship’s registration number is displayed on the sides of the ship—on the ship’s port side near the registration number.

77 Capacity label of registrable recreational ship to be attached (1) A person who is the owner or master of a registrable recreational ship must ensure that a capacity label is permanently attached to the ship in a place that—

(a) is adjacent to each steering position in the ship; and

(b) allows the capacity label to be seen clearly from the steering position.

Maximum penalty—10 penalty units. (2) A person must not remove, deface, obliterate or conceal a capacity label attached to a recreational ship. Maximum penalty—20 penalty units. (3) In this section— recreational ship does not include a recreational ship that is a sailing ship, whether or not the ship has an auxiliary means of mechanical propulsion. 78 Ride smart sticker to be displayed on personal watercraft (1) A person who is the owner or master of a personal watercraft must ensure a ride smart sticker is displayed on the watercraft in a place that allows the sticker to be seen clearly from the operator’s position. Maximum penalty—10 penalty units. (2) In this section— ride smart sticker means a sticker with the title ‘RIDE SMART’ issued by the general manager or the chief executive. 79 Markings for particular tenders (1) This section applies to—

(a) a tender (other than a tender boat under the Fisheries Act 1994 ) to a fishing ship, if the tender is not required to be registered because of section 60 (2) (h); or

(b) a tender to a registered commercial or recreational ship, if the tender is not required to be registered because of section 60 (2) (i) or (j).

(2) A person who is the owner or master of the tender must ensure the tender is marked in the way required under this section. 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 also with—

(a) if subsection (1) (a) applies—the boat mark required under the Fisheries Act 1994 for the ship to which the tender is a tender; or

(b) if subsection (1) (b) applies—the registration number of the ship to which the tender is a tender.

(4) The markings required under subsection (3) must be in characters not smaller than 75mm. (5) However, if a tender can not be practicably marked on its exterior in the way required under subsection (3) or in the size of characters required under 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 be marked with the owner’s name or business name instead of the marking or number required under subsection (3) (a) or (b). s 79 amd 2006 SL No. 26 s 68 Division 7A Builders plates div hdg ins 2006 SL No. 238 s 4 Subdivision 1 Preliminary sdiv hdg ins 2006 SL No. 238 s 4 79A Main purpose of div 7A (1) The main purpose of this division is to give effect to the National Standard for the Australian Builders Plate for Recreational Boats, published under the authority of the Ministers comprising the Australian Transport Council. Editor’s note— A copy of the standard is available from the National Marine Safety Committee, PO Box 2181, Canberra ACT 2601, or from the National Marine Safety Committee website. (2) The main purpose is achieved by—

(a) ensuring builders plates are fixed to particular ships when they are sold in Queensland; and

(b) for the particular ships—requiring information on builders plates to promote the safe use of the ships.

s 79A ins 2006 SL No. 238 s 4 79B Definitions for div 7A In this division— ABP Standard means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats, that is published under the authority of the Ministers comprising the Australian Transport Council. builders plate means a plate fixed to a ship displaying information about the ship, that is relevant to marine safety. competent person means a person who, because of 1 or more of the following, has the knowledge and skills to enable the person to competently decide and approve the information on a builders plate—

(a) training;

(b) qualifications;

sell includes the following—

(a) supply for sale;

(b) supply in furtherance of a trade or business;

s 79B ins 2006 SL No. 238 s 4 79C Application of division (1) This division applies to a ship unless this section provides otherwise. (2) This division does not apply to any of the following—

(a) a second-hand ship;

(b) an amphibious vehicle;

(d) a pedal-powered boat;

(e) a rowing shell used for racing or rowing training;

(f) a sailboard, sail kite or other similar ship;

(g) a surf row boat;

(h) a hydrofoil or hovercraft;

(i) a sailing ship;

(j) a submersible;

(k) an aquatic toy.

(3) This division does not apply to a ship that, before the commencement of this section, had reached a stage of construction of having the keel laid or a stage of construction at which—

(a) the ship was identifiable as a ship of a particular type; and

(b) a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.

(4) Also, this division does not apply to a ship that is a personal watercraft if each of the following information is written on or attached to the ship in a clearly visible place—

(a) the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship;

(b) the maximum number of persons the ship may carry, as recommended by the builder of the ship.

(5) Further, this division does not apply to a ship that is an inflatable boat to which ISO 6185 applies if the ship—

(a) has a plate attached to it in accordance with European Directive 94/25/EC (Recreational Craft Directive) that certifies the ship complies with the requirements of the directive; or Editor’s note— Search for the directive by year (1994) and number (25) at <www.eur-lex.europa.eu/RECH_consolidated.do>.

(b) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association, set out in the association’s handbook entitled the NMMA Certification Handbook, that certifies the ship complies with the requirements of the handbook. Editor’s note— The handbook is available on the NMMA website. Editor’s note— The standard is available through the SAI Global website.

(6) In this section— aquatic toy means an object designed primarily for play in or on water, including, for example, the following—

(a) an object designed solely to be towed behind a recreational ship;

(b) an inflatable boat, other than an inflatable boat to which ISO 6185 applies.

owner builder, of a ship, means an individual who builds the ship for the individual’s own use. sailing ship means a ship designed to have sail as the primary way of propulsion, with or without an auxiliary way of mechanical propulsion. second-hand ship means a ship that has been used previously, other than used only as follows—

(a) in the course of being built or tested;

(b) by the owner builder of the ship;

(d) for transporting the ship for sale;

(e) for demonstrating the ship to a purchaser.

s 79C ins 2006 SL No. 238 s 4 amd 2008 SL No. 230 s 6; 2012 SL No. 204 s 5 79D Variation of ABP Standard For this division—

(a) a requirement of the ABP Standard to the effect that information on a builders plate for a ship must include the name of the builder of the ship is to be read as a requirement that the information must include—

(i) the name of the person mentioned in section 79J who approves the information; and

(ii) the capacity in which the person approves the information; and

(b) a reference in the ABP Standard, clause 8.1(b), (e), (f), (g) or (h), 8.2(b), (e), (f) or (g) or 9.1 to the boat’s builder is taken to be a reference to a person who may approve information on a builders plate under section 79J.

s 79D ins 2006 SL No. 238 s 4 Subdivision 2 Offence of selling ships to which division applies and defences sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 79E Ship for sale required to have builders plate A person must not sell a ship to which this division applies unless—

(a) a builders plate is fixed to the ship in accordance with the ABP Standard; and

(b) the builders plate contains the information required by the ABP Standard; and

(d) the information is correct at the time of the sale.

Maximum penalty—50 penalty units. sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 79F Defence relating to commercial ships or fishing ships It is a defence to a prosecution for an offence against section 79E if the defendant establishes that, at the time of sale, the following documents had been obtained or were to be obtained—

(a) if section 65 applies—documents required under that section for an application for registration;

(b) if section 66 applies—documents required under that section for an application for registration;

sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 79G Defence that plate already fixed It is a defence to a prosecution for an offence against section 79E if the defendant establishes that—

(a) the defendant was not the builder of the ship; and

(b) there was a plate fixed to the ship when it was sold by the defendant and the defendant reasonably believed the plate was a builders plate for the ship; and

(c) the defendant had no reason to believe the information on the plate was incorrect or had not been approved by a person mentioned in section 79J; and

(d) the defendant was not aware of any modification of the ship that would affect the accuracy of the information on the plate.

sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 79H Defence if ship to be exported It is a defence to a prosecution for an offence against section 79E if the defendant establishes that, at the time of the sale, the ship was to be exported overseas. sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 79I Defence if ship for racing purposes It is a defence to a prosecution for an offence against section 79E if the defendant establishes that, at the time of the sale, the ship was to be used only for racing in organised events. sdiv 2 (ss 79E–79I) ins 2006 SL No. 238 s 4 Subdivision 3 Approval of information on builders plates, and other offences sdiv 3 (ss 79J–79M) ins 2006 SL No. 238 s 4 79J Persons who may approve information on builders plates For this division, the information on a builders plate fixed to, or to be fixed to, a ship may only be approved by one of the following persons—

(a) the builder of the ship;

(b) a competent person;

sdiv 3 (ss 79J–79M) ins 2006 SL No. 238 s 4 79K Offence relating to fixing of builders plates on ships (1) This section applies to a ship required under section 79E to have a builders plate fixed to it when sold in Queensland. (2) A person must not fix a builders plate to the ship if—

(a) the person has reason to believe information on the builders plate is incorrect or does not comply with the ABP Standard; or

(b) the information on the plate has not been approved by a person mentioned in section 79J.

Maximum penalty—20 penalty units. (3) A person must not alter information on a builders plate fixed to the ship if—

(a) the person has reason to believe the information, as altered, will be incorrect or will not comply with the ABP Standard; or

(b) the information, as altered, has not been approved by a person mentioned in section 79J.

Maximum penalty for subsection (3)—20 penalty units. sdiv 3 (ss 79J–79M) ins 2006 SL No. 238 s 4 79L Offence relating to approval of information on builders plate (1) This section applies to a ship required under section 79E to have a builders plate fixed to it when sold in Queensland. (2) A person must not approve any information on a builders plate fixed to, or to be fixed to, the ship unless—

(a) the person is a person mentioned in section 79J; and

(b) the information is correct and complies with the ABP Standard; and

Maximum penalty for subsection (2)—20 penalty units. sdiv 3 (ss 79J–79M) ins 2006 SL No. 238 s 4 79M Builders plate not to be changed unless authorised (1) This section applies to a ship required under section 79E to have a builders plate fixed to it when sold in Queensland. (2) A person must not change a builders plate fixed to the ship unless—

(a) the person is a person mentioned in section 79J; or

(b) the change is approved by a person mentioned in section 79J.

Maximum penalty—20 penalty units. (3) In this section— change, in relation to a builders plate, means alter, conceal, deface, remove or obliterate the builders plate. sdiv 3 (ss 79J–79M) ins 2006 SL No. 238 s 4 Division 8 Restricted use flag 80 Consent to use restricted use flag (1) The general manager may consent to the use of a restricted use flag for a ship. (2) The general manager may give the consent for the ship only if the general manager is satisfied the ship is safe to operate for its intended use in its intended area of operation. (3) A consent may authorise the operation of the ship for any of the following purposes, to the extent stated in the consent—

(a) a genuine trial, test or demonstration of the ship’s seaworthiness or some other operational aspect of the ship or its equipment;

(b) a demonstration or display purpose associated with the sale of the ship;

(d) if the building of a ship has been completed—use of the ship as a commercial ship or fishing ship while the certificates and documents required under section 65 or 68 for registration of the ship are being obtained;

(e) use for a purpose necessarily directed at maintaining the effectiveness and efficiency of the Queensland maritime industry.

(4) The procedure for obtaining the consent is in part 6. 81 Operation of ship under consent to use restricted use flag (1) The holder of a consent to use a restricted use flag for a ship must not operate, or allow someone else to operate, the ship unless—

(a) the consent or a copy of it—

(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 allows it to be read by anyone on board; and

(b) the holder tells a person who is to operate the ship as its master, or to act as a crew member of the ship—

(i) how the ship may be operated under the consent; and

(ii) the conditions to which the consent is subject; and

Maximum penalty—20 penalty units. (2) The conditions of the consent may require a person operating the ship as its master, or acting as a crew member, to hold a licence stated in the conditions. (3) A person must comply with the conditions of the consent if the person is—

(a) the holder of the consent; or

(b) a person operating the ship as its master; or

Maximum penalty—50 penalty units. 82 Misuse of restricted use flag (1) The holder of a consent to use a restricted use flag for a ship must not operate, or allow someone else to operate, a ship displaying a restricted use flag unless the ship is the ship for which the consent was given. Maximum penalty—50 penalty units. (2) A person must not operate a ship displaying a restricted use flag if the person knows there is no consent to use the flag for the ship. Maximum penalty—50 penalty units. (3) A person must not operate a ship displaying a restricted use flag for a purpose other than the purpose stated in the conditions of the consent. Maximum penalty—50 penalty units. 83 Flag to be returned The holder of a consent to use a restricted use flag for a ship must return the flag to the general manager within 14 days after any of the following happens, unless the person has a reasonable excuse—

(a) the consent expires or is cancelled;

(b) the consent is suspended and the general manager asks for the return of the flag.

Maximum penalty—20 penalty units. Part 4 Licences to operate ships Division 1 Application of Act for licensing of masters, crew members and pilots 84 Application of Act, pt 5, div 3 (1) The following are ships to which part 5, division 3 of the Act applies—

(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) 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 of the Act applies. Note— Section 176 (Application of Act, pt 8) lists ships to which part 8 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) of the Act while the ship is not operating in Queensland waters;

(b) a commercial ship or fishing ship that—

(i) is not powered; or

(ii) is powered by an engine of less than 3kW;

(c) a commercial training ship, including a ship that is a personal watercraft, operated by a person participating in a training program in the operation of ships, if—

(i) the person is operating the ship under the direct and immediate supervision of the training provider or an employee of the provider; and

(ii) the provider or the employee—

(A) accompanies the training ship in another ship; and

(B) if a licence is required to operate the accompanying ship, holds an appropriate licence to operate it, at the level of at least a coxswain licence;

(ca) a personal watercraft that—

(i) is registered as a recreational ship; and

(ii) is provided and operated by a person being assessed in relation to an application for a personal watercraft licence;

(d) a tender to a commercial ship, other than a tender that is a personal watercraft, operating within a radius of 1000m from the commercial ship if—

(i) the tender is operated by a person under the direct supervision and in the sight of, the master of the commercial ship; and

(ii) the master of the commercial ship has a way of immediately helping the person if the need arises;

(e) a tender to a commercial ship, other than a tender that is a personal watercraft, if the tender is operated by the holder of a recreational marine driver licence;

(f) a recreational ship that—

(i) is not powered; or

(ii) is powered by an engine of 4.5kW or less;

(g) a commercial ship to which a standard about hired ships applies, if the ship is being operated and used in accordance with the standard;

(ga) a tender to a ship mentioned in paragraph (g), if the tender—

(i) is not powered; or

(ii) is powered by an engine of 4.5kW or less;

(h) a commercial ship owned and operated by either of the following entities, if the ship is being operated in the course of the entity’s activities by a person who holds a current certificate issued by the 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.

Note— See also section 239. (3) In this section— commercial training ship means—

(a) a commercial ship, including a ship that is a personal watercraft, being used by a training provider for persons participating in a training program in the operation of ships, if the ship is—

(i) less than 6m; and

(ii) not carrying anyone on board other than the person participating in the program; or

(b) a ship that is a personal watercraft, if the ship is—

(i) registered as a recreational ship; and

(ii) provided by a person participating in a training program in the operation of personal watercraft; and

(iii) not carrying anyone on board other than the person participating in the program.

s 84 amd 2005 SL No. 121 s 10; 2007 SL No. 114 s 4; 2008 SL No. 243 s 4; 2009 SL No. 299 s 8; 2012 SL No. 204 s 3 Division 2 Masters, crew members and pilots to be licensed Subdivision 1 Definitions for division 2 sdiv hdg amd 2008 SL No. 230 s 7 85 Definitions for div 2 In this division— commercial ship means a commercial ship to which part 5, division 3 of the Act applies, other than a commercial ship that—

(a) is less than 6m; and

(b) does not carry persons other than employees of the ship’s owner, unless the ship is operated by—

(i) the Queensland Police Service for official purposes; or

(ii) the emergency services department for official purposes, but only in an emergency; or

(iii) a department or instrumentality of the State, another State or the Commonwealth, or a university, for a genuine research or scientific purpose; and

(i) the holder of a recreational marine driver licence or a current equivalent licence issued under the law of another State; and

(ii) if the ship is a personal watercraft—the holder of a personal watercraft licence or a current equivalent licence issued under the law of another State.

Note— See section 84 for the application of part 5, division 3 of the Act. def commercial ship amd 2005 SL No. 121 s 38 (1); 2012 SL No. 204 s 3 fishing ship means—

(a) a fishing ship to which part 5, division 3 of the Act applies, other than a fishing ship that—

(i) is a tender to another fishing ship; and

(ii) does not carry persons other than employees of the ship’s owner; and

(iii) is operated by—

(A) the holder of a recreational marine driver licence or a current equivalent licence issued under the law of another State; and

(B) if the ship is a personal watercraft—the holder of a personal watercraft licence or a current equivalent licence issued under the law of another State; or

(b) a fishing 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).

def fishing ship amd 2005 SL No. 121 s 38 (2); 2011 SL No. 274 s 11 recreational ship means a recreational ship to which part 5, division 3 of the Act applies. Subdivision 2 Licensing responsibilities of owners and masters 86 Owner or master to ensure master and crew members appropriately licensed (1) The owner of a commercial ship, fishing ship or recreational ship must ensure the ship is operated by a master who—

(a) holds an appropriate current licence to operate the ship as its master; and

(b) if the ship is a commercial ship or fishing ship that is a personal watercraft—also holds a personal watercraft licence or a current equivalent licence issued under the law of another State.

Maximum penalty—

(a) for the owner of a commercial ship or fishing ship—200 penalty units; or

(b) for the owner of a recreational ship—50 penalty units.

(1A) However, the owner of a recreational ship does not contravene subsection (1) if—

(a) the owner believes, on reasonable grounds, the person operating the ship holds an appropriate current licence to operate the ship as its master; or

(b) the ship is being operated without the knowledge or consent of the owner.

(2) A person who is the owner or master of a commercial ship or fishing ship must ensure that—

(a) all crew members of the ship hold an appropriate current licence to act as a crew member of the ship; and

(b) other than in relation to a ship that is a personal watercraft—the ship has a person acting as engineer of the ship who holds an appropriate current licence to act as engineer of the ship.

Maximum penalty—200 penalty units. (3) However, if the propulsion power of the commercial ship or fishing ship is less than 750kW, a person does not contravene subsection (2) (b) if the master of the ship—

(a) holds an appropriate current licence to act as engineer of the ship; and

(b) acts as both master and engineer of the ship.

(4) Subsection (2) (b) does not apply to a fishing ship if the ship is—

(a) less than 10m; and

(b) being operated by a holder of a coxswain licence; and

s 86 amd 2005 SL No. 121 ss 11, 39; 2008 SL No. 243 s 5; 2011 SL No. 274 s 12 87 Operation of ship by unlicensed person (1) The master of a recreational ship must not allow an unlicensed person to operate the ship unless—

(a) the unlicensed person is under the direct supervision of the master; and

(b) the master is immediately able to resume operating the ship; and

(i) the master and the unlicensed person are the only persons on board; and

(ii) a kill switch safety lanyard is attached to the master and the personal watercraft.

Maximum penalty—50 penalty units. (2) The master of a commercial ship or fishing ship must not allow an unlicensed person to operate the ship unless—

(a) if the ship is a commercial ship or fishing ship other than a personal watercraft, the master—

(i) believes, on reasonable grounds, the unlicensed person is competent to operate the ship; and

(ii) believes, on reasonable grounds, the unlicensed person holds at least a recreational marine driver licence; and Note— See also section 239.

(iii) gives the unlicensed person clear instructions on the way the person is to operate the ship; and

(iv) is on board and able to resume operating the ship; or

(b) if the ship is a commercial ship or fishing ship other than a personal watercraft, the master—

(i) believes, on reasonable grounds, the unlicensed person is competent to operate the ship under supervision; and

(ii) gives the unlicensed person clear instructions on the way the person is to operate the ship; and

(iii) directly supervises the person; and

(iv) is able to immediately resume operating the ship; or

(i) the master complies with the matters stated in paragraph (b); and

(ii) the master and unlicensed person are the only persons on board; and

(iii) a kill switch safety lanyard is attached to the master and the personal watercraft.

Maximum penalty—200 penalty units. (3) The master of a commercial ship, fishing ship or recreational ship must not allow an unlicensed person to operate the ship while the ship is towing someone else by a line attached to the ship, including for example, someone water skiing. Maximum penalty—100 penalty units. (4) In this section— kill switch safety lanyard means a device that—

(a) is designed to be attached to a personal watercraft and a person; and

(b) if the person is no longer on board, will immediately stop the engine of the personal watercraft.

unlicensed person, for a ship, means a person who does not hold an appropriate licence to operate the ship as its master. s 87 amd 2005 SL No. 121 s 12; 2008 SL No. 243 s 6; 2011 SL No. 274 s 13; 2012 SL No. 204 s 3 Subdivision 3 Licensing requirements for commercial ships 88 Required licences for commercial ships (1) Subject to section 87, a person must hold an appropriate licence to operate a commercial ship as its master or act as a crew member. (2) The appropriate licence for a person to hold for a commercial ship operating in an area is, at least, the class of certificate stated for the area in the USL code, section 2, part 4, clause 37. (3) For applying the USL code, section 2, part 4, clause 37—

(a) a reference to a trading vessel is taken to be a reference to a commercial ship; and

(b) a reference to a certificate or a certification requirement is taken to be a reference to a licence or a licensing requirement; and

(d) the relativity between the classes of certificates is as stated in the USL code, section 2, part 2, clause 9.

(4) If the commercial ship is a personal watercraft, the person must also hold a personal watercraft licence or a current equivalent licence issued under the law of another State. s 88 amd 2005 SL No. 121 s 40 89 Licensing exceptions for particular commercial ships (1) Despite anything in section 88 (2), the appropriate licence is—

(a) for a person who operates as its master, or acts as a chief mate of, a commercial ship 35m or more but less than 80m within 50n miles of the coast or in the Great Barrier Reef Region or Torres Strait zone—

(i) if the person is operating the ship as its master—at least a master class 4 licence; or

(ii) if the person is operating the ship as its chief mate—at least a master class 5 licence; or

(b) for a person who operates as its master a cable-operated ship that is a commercial ship registered as a class 1E or 2E ship of 24m or more but less than 80m—at least a master class 5 licence; or

(c) for a person who operates as its master a commercial ship the operational area for which is set out in section 108 (6)—at least a coxswain licence; or

(d) for a person who acts as chief engineer of a commercial ship in the Great Barrier Reef Region or Torres Strait zone—

(i) if the propulsion power of the ship is 1500kW or more but less than 3000kW—at least an engineer class 3 licence; or

(ii) if the propulsion power of the ship is 750kW or more but less than 1500kW—at least a marine engine driver grade 1 licence.

(2) In this section— chief engineer means a chief engineer under the USL code, section 2, part 4, clause 34. chief mate means a chief mate under the USL code, section 2, part 4, clause 34. 90 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 the 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. (5) This section applies despite anything in sections 88 and 98. 91 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.

(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 the licence is in part 6, division 2. (5) This section applies despite anything in sections 88 and 98. Subdivision 4 Licensing requirements for fishing ships 92 Required licences for fishing ships (1) Subject to section 87, a person must hold an appropriate licence to operate a fishing ship as its master or act as a crew member. (2) The appropriate licence for a person to hold for a fishing ship operating in an area is, at least, the class of certificate stated for the area in the USL code, section 3, part 4, clause 24. (3) For applying the USL code, section 3, part 4, clause 24—

(a) a reference 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 the USL code, section 3, part 2, clause 6.

(4) If the fishing ship is a personal watercraft, the person must also hold a personal watercraft licence or a current equivalent licence issued under the law of another State. s 92 amd 2005 SL No. 121 s 41 93 Licensing exceptions relating to operating fishing ship as master (1) The appropriate licence is, at least, a coxswain licence for a person operating a fishing ship as its master if the ship is—

(a) less than 15m; and

(b) operating within the fishing ship operational 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 24m; and

(b) operating—

(i) not more than 200n miles from the coast; or

(ii) if the ship is operating within the fishing ship operational area—any distance from the coast more than 200n miles within the area.

(3) The appropriate licence is a recreational marine driver licence for a person operating a fishing ship as its master if the ship is—

(a) a tender boat under the Fisheries Regulation 2008 ; and

(b) operating as authorised under the Fisheries Act 1994 .

(4) Subsections (1) to (3) apply despite anything in section 92 (2). s 93 amd 2009 SL No. 299 s 9 94 Licensing exceptions relating to operating fishing ship as 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 300kW; and

(b) the ship is operating—

(i) not more than 200n miles from the coast; or

(ii) if the ship is operating within the fishing ship operational area—any distance from the coast more than 200n 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 750kW but less than 1500kW; and

(b) the ship is operating—

(i) not more than 50n miles from the coast; or

(ii) if the ship is operating within the fishing ship operational area—any distance from the coast more than 50n miles within the area.

(3) The appropriate licence is, at least, an engineer class 3 licence for a person acting as the chief engineer of a fishing ship if—

(a) the propulsion power of the ship is 1500kW or more; and

(b) the ship is operating within 600n miles from the coast.

(4) Subsections (1) to (3) have effect despite anything in section 92 (2). (5) In this section— chief engineer means a chief engineer under the USL code, section 3, part 4, clause 21. Subdivision 5 Licensing requirements for recreational ships 95 Required licences for recreational ships (1) Subject to section 87, a person must hold an appropriate licence to operate a recreational ship as its master. (2) The appropriate licence for a person to hold for a recreational ship, other than a personal watercraft, is any of the following—

(a) a recreational marine driver licence;

(b) a current equivalent licence issued under the law of another State;

(d) a current equivalent foreign licence.

(3) The appropriate licence for a person to hold for a recreational ship that is a personal watercraft is—

(a) a licence mentioned in subsection (2); and

(b) any of the following—

(i) a personal watercraft licence;

(ii) a current equivalent licence issued under the law of another State;

(iii) a current equivalent foreign licence.

(4) A foreign licence ceases to be an appropriate licence for this section—

(a) on the day that is 3 months after the following—

(i) if the holder is an Australian citizen—the holder enters Australia;

(ii) if the holder is not an Australian citizen but is granted a resident visa before entering Australia—the holder enters Australia;

(iii) if the holder is not an Australian citizen but is granted a resident visa after entering Australia—the visa is granted; or

(b) on the day the holder is granted another licence required to be held under this section.

(5) In this section— Australia means the mainland of Australia or the coastal waters of a State. resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth). s 95 amd 2005 SL No. 121 s 42; 2011 SL No. 274 s 14 Subdivision 6 Licensing requirements for pilots 96 Required licence to have the conduct of a ship as its pilot A person must hold a pilot licence to have the conduct of a ship as its pilot. Division 3 Issue of and qualifications for licences 97 Chief executive or general manager may issue licences (1) The general manager may issue a class of licence mentioned in schedule 3 to a person—

(a) to operate a ship as its master; or

(b) to act as a crew member of a ship; or

(2) The chief executive may also issue a class of licence mentioned in schedule 3, column 1, item 4 or 7 to a person. (3) The procedure for obtaining a licence is in part 6. s 97 sub 2005 SL No. 121 s 13 98 Qualifications for licences for commercial ships and fishing ships (1) The general manager may grant an application for a licence of the type specified in schedule 3, column 1, items 1 to 3 only if the applicant meets the requirements stated in the USL code, section 2 or 3 for the issue of a certificate appearing opposite the licence in schedule 3, column 2. (2) To allow the general manager to assess whether an applicant meets the qualifying service requirement stated in the USL code, the applicant must give the general manager evidence of the applicant’s sea service. (3) The general manager may accept evidence of the applicant’s sea service in 1 or more of the following ways—

(a) a book called ‘Record of Service’, published by the department, and signed by the master or owner of the ships in which the applicant’s sea service was obtained;

(b) a book called ‘National Record of Practical Experience and Sea-Service’, published by The National Marine Safety Committee, and signed by a competent person mentioned in the book;

(d) the applicant’s statutory declaration about the applicant’s sea service.

(4) A person must not sign a document mentioned in subsection (3) (a), (b) or (c) if the person knows that the information about the applicant’s sea service is false or misleading in a material particular. Maximum penalty for subsection (4)—50 penalty units. 99 Qualifications for recreational marine driver licence The chief executive or general manager may grant an application for a recreational marine driver licence only if the applicant—

(a) is 16 years or more; and

(b) has knowledge, to the satisfaction of the chief executive or general manager, of—

(i) the Act and this regulation as they affect recreational ships; and

(ii) the collision regulations; and

(c) has demonstrated competency in safe operating practices for recreational ships to the satisfaction of the chief executive or general manager.

s 99 amd 2005 SL No. 121 s 14 99A Qualifications for personal watercraft licence The chief executive or general manager may grant an application for a personal watercraft licence only if the applicant—

(a) has either of the following—

(i) a recreational marine driver licence or a current equivalent licence issued under the law of another State;

(ii) a current commercial ship or fishing ship licence to operate the ship as its master or a current equivalent licence issued under the law of another State; and

Note— See also section 239.

(b) is 16 years or more; and

(i) the Act and this regulation as they affect personal watercraft; and

(ii) the collision regulations; and

(d) has demonstrated competency in safe operating practices for personal watercraft to the satisfaction of the chief executive or general manager.

s 99A ins 2005 SL No. 121 s 15 amd 2008 SL No. 243 s 7; 2012 SL No. 204 s 3 100 Chief executive or general manager may recognise other qualifications (1) This section applies if—

(a) an applicant for a licence mentioned in section 98, 99 or 99A does not have the qualifications, training or experience required for the licence under the section; and

(b) the chief executive or general manager, whoever may grant the licence, is satisfied the applicant has other qualifications, training or experience equivalent to, or better than, the qualifications, training or experience required under the section.

(2) Despite section 98, 99 or 99A, the chief executive or general manager may grant the application for the licence as mentioned in the section. s 100 sub 2005 SL No. 121 s 16 101 Qualifications for licence as ship’s pilot 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—

(a) the applicant has either—

(i) a licence to operate a ship as its master of a class appropriate for the ships (piloted 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) the applicant has—

(i) appropriate ship-handling ability to have the conduct of the piloted ships as its pilot; and

(ii) a detailed knowledge of the pilotage area, or the part of the pilotage area, for which the licence is sought.

102 Examinations of applicants for licences (1) The general manager may conduct examinations, in a way the general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a commercial ship or fishing ship licence has the qualifications for the licence under this regulation. (2) The chief executive or general manager may conduct examinations, in the way the chief executive or general manager considers necessary and appropriate in the circumstances, to establish whether an applicant for a personal watercraft or recreational marine driver licence has the qualifications for the licence under this regulation. s 102 amd 2005 SL No. 121 s 17 103 Approval of entity to conduct examinations (1) The general manager may approve an entity to conduct examinations for issuing 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. 104 Approval of entity to provide training programs for the operation of ships (1) The general manager may approve an entity to provide training programs in the operation of ships only if the entity qualifies as an entity to provide training programs under a standard made for this section. (2) The procedure for obtaining the approval is in part 6. s 104 amd 2005 SL No. 328 s 4 Division 4 Temporary permits 105 Application of div 4 This division applies to the following ships—

(a) a commercial ship as defined under section 85, including a ship that is a personal watercraft;

(b) a fishing ship as defined under section 85, including a ship that is a personal watercraft.

s 105 amd 2005 SL No. 121 s 18 106 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 a crew member of a ship, on a particular voyage or for a stated period. (2) The general manager may issue a permit only if the general manager is satisfied—

(a) the person is, for the voyage or the period, competent to operate the ship as its master or act as a crew member of the ship; and

(b) marine operations will not be endangered on the voyage; and

(3) The term of the permit must not be longer than 30 days. (4) The procedure for obtaining the permit is in part 6. (5) Subsection (1) applies despite another provision of this part. 107 Permit holder taken to be appropriately licensed if complying with conditions (1) A person to whom a permit under section 106 (1) is issued is taken to be appropriately licensed to operate the ship as its master, or act as a crew member of the ship, for section 88 or 92. (2) However, if the person does not comply with the conditions of the permit, subsection (1) does not apply to the person. Part 5 Ship operations Division 1 Operational areas 108 Operational area of commercial ship or fishing ship (1) This section applies if a commercial ship’s or fishing ship’s registration certificate does not include a condition about the ship’s operational area. (2) A person who is the owner or master of the ship must not operate the ship in waters beyond the waters stated in the USL code for a ship of the ship’s class. Maximum penalty—200 penalty units. (3) However, if another operational area is stated for the ship in subsections (4) to (8), the person does not contravene subsection (2) if the person also operates the ship in the stated operational area. (4) The operational area for a commercial ship registered as a class 1C or 2C ship, or a fishing ship registered as a class 3C ship, is—

(a) if the ship is operating within the Great Barrier Reef Region or Torres Strait zone—anywhere within the region or zone; or

(b) otherwise—within 50n miles of the coast.

(5) The operational area for a commercial ship that is a pontoon and is registered as a class 1E ship is anywhere within the Great Barrier Reef Region. (6) The operational area for a commercial ship registered as a class 1D, 1E, 2D or 2E ship that is permanently based at a pontoon mentioned in subsection (5) is, if the pontoon is anchored outside the operational area for the ship, the area in which the ship is in sight of, and is able to communicate with, the pontoon. (7) The operational area for a commercial ship registered as a class 1D, 1E, 2D or 2E ship that is operating from an island is the area in which the ship is in sight of, and is able to communicate with, the island. (8) The operational area for a commercial ship registered as a class 1D, 1E, 2D or 2E ship that is a tender to a commercial ship is the area within a radius of 2n miles from the commercial ship if—

(a) the tender is operated by a person under the direct supervision of the master of the commercial ship; and

(b) the master of the commercial ship has a way of immediately helping the person if the need arises.

(9) In this section— pontoon means a barge that—

(a) is not powered and permanently anchored; and

(b) if a commercial ship registered as a class 1 ship capable of carrying everyone on the barge is not moored to it—is equipped with the safety equipment that would be required for a class 1 ship operating lawfully in the area where the barge is anchored.

Division 2 Number of persons ships may carry 109 Commercial ship A person who is 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 for the part of the ship, in the ship’s registration certificate, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. Division 3 Safety training for crew 110 Crew to complete safety course (1) This section does not apply to a cable-operated ship. (2) A person must not be part of the crew of a commercial ship or fishing ship unless the person has completed—

(a) if the person has been employed as part of the crew for at least 6 months—

(i) the course ‘Occupational Health and Safety at Sea’ provided by a training provider approved by the general manager to provide the course; or

(ii) a course equivalent to the course mentioned in subparagraph (i); or

(b) otherwise—a safety induction course approved by the general manager appropriate to the expected length of the person’s employment.

Maximum penalty—100 penalty units. (3) A person who is the owner or master of a commercial ship or fishing ship must ensure that every person in the ship’s crew has complied with subsection (2). Maximum penalty—100 penalty units. Division 4 Compliance with particular USL code provisions 111 Ship to be operated under USL code, s 15 The master of a registrable commercial ship or fishing ship must comply with the USL code, section 15, parts 1 and 2 when operating the ship. Maximum penalty—200 penalty units. Division 5 Load line certificates 112 Definitions for div 5 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.

113 Application of div 5 This division applies to a ship that is a vessel under the USL code, section 7, part 1. 114 General manager may issue load line certificate for ship (1) The general manager may issue a load line certificate for a ship. (2) The general manager may issue the certificate only if the application for the certificate is accompanied by 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 not more than 1 month before the application for the load line certificate is made. (4) The procedure for obtaining a ship’s load line certificate is in part 6. 115 Ship not to be operated unless load line certificate issued (1) A person who is the owner or 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.

116 Load line certificate to be displayed on ship (1) A person who is the owner or master of a ship for which a current load line certificate is issued must ensure the certificate is displayed in the following way, unless it is not reasonably practical to do so—

(a) in a conspicuous place on the ship;

(b) in a way that allows it to be read by anyone on board.

Maximum penalty—100 penalty units. (2) If it is not reasonably practicable to comply with subsection (1), the person must ensure that the ship’s load line certificate is kept on the ship. Maximum penalty—100 penalty units. 117 Renewal of load line certificate (1) The general manager may renew a load line certificate only if the application for the renewal of the certificate is accompanied by a certificate of compliance for the ship’s load line from an appropriately accredited ship designer or marine surveyor. (2) The certificate of compliance must have been issued not more than 1 month before the application for the renewal of the load line certificate is made. (3) Subsection (1) has effect despite anything in part 6. 118 USL code, s 7 applies to assignment of freeboard (1) The USL code, section 7, parts 2, 3, 5, 6, 10 and 11 apply with the changes made by subsection (3) when a ship’s freeboard is 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) For applying the USL code, section 7, parts 2, 3, 5, 6, 10 and 11, 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 the USL code, section 7, part 6, clause 56, the mark of the assigning authority that assigns the ship’s freeboard is to be ‘QA’. 119 USL code, s 7 applies to loading of ship (1) A person who is the owner or master of a ship must, when operating the ship, comply with the USL code, section 7, part 14. Maximum penalty—200 penalty units. (2) A person who is the owner or master of a ship does not commit an offence under subsection (1) if the USL code, section 7, part 15, clause 78 permits the ship to be overloaded. 120 Stability documents to be carried on ship A person who is the owner or master of a ship must, when operating the ship, have on board the stability documents stated for the ship in the USL code, section 8, subsection A, clause A.4. Maximum penalty—100 penalty units. Division 6 Signals 121 Signals of distress (1) The following signals are prescribed signals of distress for section 206 (1) (a) of the Act—

(a) a V sheet;

(b) the signals stated in the USL code, section 16, annex IV, clauses 1 and 3.

(2) A person may use or display a prescribed signal of distress only for indicating distress and a need for help. (3) For section 206 (2) (b) of the Act, a person must revoke the prescribed signal of distress when the distress or need for help finishes. 122 Authority to use or display prescribed signal for training or demonstration (1) Despite section 121 (2), the general manager may consent to the use or display of a prescribed signal of distress by a person for genuine training or demonstration purposes. (2) The procedure for obtaining the consent is in part 6. 123 Prescribed signal and information—Act, s 129 (1) The signal for section 129 (2) 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 the USL code, section 15, clause 18. Division 7 Monitoring radio communications 124 Fishing ship to have speaker on deck A person who is the owner or master of a fishing ship that is equipped or required to be equipped with a radio must ensure the ship is equipped with a speaker that is suitably located, workable and adequate to allow crew working on the ship’s deck to monitor VHF radio communication with other ships. Maximum penalty—50 penalty units. s 124 sub 2009 SL No. 299 s 10 Division 8 Prevention of collisions 125 Application of collision regulations The collision regulations have effect as if they were part of this regulation. 126 Person operating ship to comply with collision regulations (1) A person involved with a ship’s operation (including a person who is the owner, master, pilot or deck watchkeeper) must comply with the collision regulations. (2) Subsection (1) is a regulation to which section 211 (2) of the Act applies. Note— Section 211 (Regulation may give effect to treaties, conventions or international agreements or documents) of the Act provides for a penalty of 500 penalty units or imprisonment for 1 year for a breach of the provision. (3) In this section— deck watchkeeper means—

(a) for a commercial ship—a deck watchkeeper under the USL code, section 2, part 4, clause 34; or

(b) for a fishing ship—a deck watchkeeper under the USL code, section 3, part 4, clause 21.

ship includes an aircraft when it is on water, or is taking off or landing on water. Division 9 Speed limits and other restrictions div hdg amd 2005 SL No. 121 s 19 127 Speed limit for ship, other than personal watercraft, operating in particular places (1) This section applies to a ship other than a personal watercraft. (2) A person must not operate a ship in waters at a speed of more than 6kn if the ship is within 30m of any of the following—

(a) a person in the waters;

(b) a ship at anchor, moored or made fast to the shore or aground;

Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a ship if the ship is in waters for which a speed limit of 6kn or less has been fixed under section 206A of the Act. s 127 sub 2005 SL No. 121 s 20 127A Speed limit for personal watercraft operating in particular places (1) A person must not do the following—

(a) operate a personal watercraft in waters at a speed of more than 6kn if the personal watercraft is within 60m 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) the boundary of a bathing reserve;

(v) the shore;

(b) operate a personal watercraft in waters at a speed of more than 10kn if the personal watercraft is within 30m of another moving ship.

Maximum penalty—200 penalty units. (2) Despite subsection (1) (a) (v), a person may operate a personal watercraft in waters within 60m of the shore at a speed of more than 6kn but no more than the speed limit for the waters if—

(a) the personal watercraft is being operated for the purpose of water skiing; or

(b) each of the following apply—

(i) the waters are less than 120m wide;

(ii) the person is operating the personal watercraft along or near the centre of the waters, or within a marked channel;

(iii) the person uses the personal watercraft to move through the waters in a straight line or in the most appropriate or direct route taking into account the circumstances of the waters; or

(3) Despite subsection (1) (b), a person may operate, within 30m of another moving ship, a personal watercraft in waters at a speed of more than 10kn but no more than the speed limit for the waters if—

(a) the personal watercraft is being operated under an aquatic event authority; or

(b) complying with subsection (1) (b) would endanger the person or another person.

(4) Subsections (1) (a) and (2) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 6kn or less has been fixed under section 206A of the Act. (5) Subsections (1) (b) and (2A) do not apply to a personal watercraft if the personal watercraft is in waters for which a speed limit of 10kn or less has been fixed under section 206A of the Act. (6) The collision regulations apply to the personal watercraft despite subsection (2) (b) (ii) or (iii). (7) In this section— bathing reserve means a bathing reserve placed, under the Local Government (Operations) Regulation 2010 , section 26, under the control of a local government. s 127A ins 2005 SL No. 121 s 20 amd 2009 SL No. 46 s 4; 2011 SL No. 274 s 15 127B Other restrictions for personal watercraft operating in particular places (1) A person must not while operating a personal watercraft freestyle, surf or wave jump within 200m of the shore if—

(a) the personal watercraft is being operated in coastal waters; and

(b) 1 or more dwellings are within 100m of the shore and are visible from, and in the vicinity of, where the personal watercraft is being operated.

Maximum penalty—200 penalty units. (2) In this section— coastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide. s 127B ins 2005 SL No. 121 s 20 128 Speed limit for ship if wash can cause marine incident or shoreline damage (1) 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. (2) Subsection (1) applies even if a speed limit is fixed under section 206A of the Act. Note— See section 206A (7) of the Act. 129 No offence if ship operated at speed necessary for safety (1) A person does not commit an offence against section 127, 127A (1) or 128 if—

(a) a ship must be operated at a control speed that is more than the highest speed at which the ship may be operated under section 127 or 128 (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 operates the ship at a speed more than the statutory speed only to the extent that it is reasonably necessary for the safe operation of the ship.

(2) In this section— control speed, of a ship, means the minimum speed at which the ship can be kept on its course in the prevailing circumstances and conditions. s 129 amd 2011 SL No. 274 s 16 130 Interfering with speed sign (1) A person must not interfere with a speed sign erected or marked by the general manager under section 206A (4) of the Act unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) In this section— interfere with includes damage, destroy, mark and remove. Division 10 Enforcement officers 131 Application of particular provisions 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 anything in sections 88, 126 to 128, 219, 220, 221 and 222A, 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

(d) in a place to which section 219, 220, 221 or 222A applies.

(3) In this section— enforcement officer means—

(a) a police officer; or

(b) an officer of the Queensland Boating and Fisheries Patrol; or

operate a ship, includes anchor, berth and moor the ship. s 131 amd 2005 SL No. 121 s 21 Division 11 Documents for ship 132 Purpose of div 11 (1) The purpose of this division is to require the person who is the owner or master of a particular ship to keep documents for the ship. (2) Generally, the documents must be kept on board the ship. 133 Manuals and plans to be kept (1) This section applies to a ship that is more than 8m if it is—

(a) a registrable commercial ship operating in Queensland waters, other than a ship operating in smooth waters that does not make voyages of more than 15 minutes duration; or

(b) a registrable fishing ship operating beyond partially smooth waters.

(2) A person who is the owner or master of the ship must ensure the following documents are on board—

(a) the operational manual for the ship;

(b) the technical 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;

(f) the manual of procedures for verification of passenger numbers.

Maximum penalty—100 penalty units. (3) The person must also ensure each of the following—

(a) the manuals and plan mentioned in subsection (2) are available to the ship’s crew;

(b) every person in the ship’s crew has a working knowledge of those parts of the manuals and plan that are relevant to the person’s role on the ship.

Maximum penalty—100 penalty units. 134 Records to be kept (1) This section applies to a registrable commercial ship or fishing ship. (2) A person who is the owner or master of the ship must ensure the following are kept—

(a) for a registered commercial ship—records about the matters mentioned in schedule 4, part 1 and the certificates and other documents mentioned in schedule 4, part 2;

(b) for a registered fishing ship—records about the matters mentioned in schedule 4, part 3 and the certificates and other documents mentioned in schedule 4, part 4.

Maximum penalty—100 penalty units. 135 Currency and accuracy of documentation mentioned in ss 133 and 134 (1) This section applies to the following (the division documents)—

(a) the manuals and plan mentioned in section 133;

(b) the records and certificates and other documents mentioned in section 134.

(2) A person who is the owner or master of the ship must, unless the person has a reasonable excuse, ensure that the division documents are kept in a secure place—

(a) if the ship is an open ship and it is impracticable to keep the records on board the ship—at a prescribed place that is accessible to the ship’s crew; or

(b) otherwise—on board the ship to which the division documents relate.

Maximum penalty—100 penalty units. (3) For division documents that are records mentioned in schedule 4, part 1 or 3 for a ship, a person who is the owner or master of the ship must ensure that entries in the records are complete, accurate and up to date. Maximum penalty—100 penalty units. (4) Also, for division documents, a person who is the owner or master of the ship to which the division documents relate must not do, or allow anyone else to do, any of the following—

(a) deface, erase or obliterate an entry in a division document for the ship;

(b) destroy or otherwise dispose of a division document for the ship.

Maximum penalty—100 penalty units. (5) However, subsection (4) does not apply to the following—

(a) an entry in a division document mentioned in schedule 4, part 1 or 3, if the entry is more than 5 years old;

(b) a division document mentioned in schedule 4, part 2 or 4, if the division document is not current.

(6) In this section— prescribed place means either of the following places—

(a) if the person who is the owner or master of the ship has a place of business in Queensland for managing the ship’s operations—that place;

(b) if paragraph (a) does not apply and the person is an individual—the person’s place of residence.

s 135 amd 2008 SL No. 230 s 8 Division 12 Orderly control for particular ships 136 Application of Act, pt 14, div 2 All commercial ships on Queensland intrastate voyages are ships to which part 14, division 2 of the Act applies. Note— See section 11 (1) (c) (General application of Act to ships) of the Act and schedule (Dictionary) of the Act, definition Queensland intrastate voyage. Division 13 Dangerous cargo 137 Duties of person sending dangerous cargo by ship (1) A person must not send dangerous cargo, other than dangerous goods, by ship unless the person gives the master of the ship, before sending the cargo, a written notice about the cargo stating each of the following—

(a) the proper shipping name of the cargo;

(b) the UN number for the cargo stated in the IMDG code;

(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, before sending the goods, the person—

(a) packs, secures, marks, labels, placards (for a cargo transport unit) and documents the goods in the way required under the IMDG code; and

(b) gives the master of the ship the documents required under the IMDG code.

(3) Subsection (2) is a regulation to which section 213 (3) of the Act applies. Note— Section 213 (3) (Regulations about dangerous substances) of the Act provides for a penalty of 500 penalty units for a breach of the provision. 138 Application of dangerous cargo codes The dangerous cargo codes have effect as if they were part of this regulation. 139 Duties of owner or master about dangerous cargo (1) A person who is the owner or master of a ship handling dangerous cargo, other than dangerous goods, must, to the extent it is reasonably practicable, comply with the appropriate dangerous cargo code for the cargo while handling that cargo. Maximum penalty—200 penalty units. (2) A person who is the owner or master of a ship handling dangerous goods must, to the extent it is reasonably practicable, comply with the IMDG code for the goods while handling those goods. (3) Subsection (2) is a regulation to which section 213 (3) of the Act applies. 140 Reporting requirements for ship with dangerous cargo (1) This section applies if—

(a) a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and—

(i) is to arrive at, or depart from, a pilotage area; or

(ii) is at a berth or anchorage in a pilotage area and—

(A) is to be removed to another berth or anchorage in the pilotage area; or

(B) is to transfer the dangerous cargo to another ship in the pilotage area; or

(b) a ship, other than a ship that is to be operated on a local marine service, is to load dangerous cargo while in a pilotage area; or

(2) A person who is the owner or master of a ship mentioned in subsection (1) (a) or (b) must report the following matters in the way required under this section—

(a) the expected time of—

(i) the arrival or departure of the ship; or

(ii) the removal of the ship to another berth or anchorage; or

(iii) the transfer of the cargo to another ship; or

(iv) the loading of the cargo;

(b) the information mentioned in AS 3846—2005, section 3.

Note— See also section 240. Maximum penalty—200 penalty units. (3) A person who is the owner or master of a ship mentioned in subsection (1) (c) must report the following matters in the approved form and in the way required under this section—

(a) the start of the local marine service;

(b) voyages under the service;

Maximum penalty—200 penalty units. (4) However, if the dangerous cargo mentioned in subsection (2) or (3) is dangerous goods—

(a) the penalty provision for the subsection does not apply; and

(b) subsections (2) and (3) are regulations to which section 213 (3) of the Act applies.

(5) The report under subsection (2) must be made—

(a) if an event to be reported is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to the harbour master of the pilotage area; or

(b) if an event to be reported is to happen in the Brisbane pilotage area—

(i) in relation to the information mentioned in subsection (2) (a) and (b), other than DGTrac information—in the approved form to the harbour master of the pilotage area; and

(ii) in relation to DGTrac information—to the DGTrac system; or

(6) The report under subsection (3) must be made—

(a) if an event to be reported is to happen in a pilotage area—in the approved form to the harbour master of the pilotage area; or

(b) if an event to be reported is to happen outside a pilotage area—in the approved form to the general manager.

(7) The report under subsection (2) or (3) must be made—

(a) for the arrival of the ship—at least 48 hours before the expected arrival; or

(b) for the departure or removal of the ship—at least 3 hours before the expected departure or removal; or

(d) for the loading of the ship—at least 24 hours before the loading is expected to start; or

(e) for operation on a local marine service—

(i) for the start of the service—at least 48 hours before the start of the service; and

(ii) for subsequent voyages that are part of the service—at the time (if any) the person to whom the report is made under subsection (6) considers reasonable and of which written notice is given to the owner or master of the ship.

(8) The general manager may, by gazette notice, change a time mentioned in subsection 5 (a) to (e) (i), for a particular place, if the general manager is satisfied the change is necessary for the particular place—

(a) to ensure marine safety; or

(b) to enable the effectiveness and efficiency of the Queensland maritime industry to be developed.

(9) A person who is the owner or master of a ship operating on a local marine service must notify the general manager within 14 days after the person stops operating the service. Maximum penalty—50 penalty units. (10) In this section— DGTrac information means the information mentioned in AS 3846—2005, section 3, clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h). DGTrac system means an electronic system operated by the Port of Brisbane Corporation Limited, a subsidiary of the Port of Brisbane Corporation or a port operator that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area. handle includes carry, discharge, load, move, restow, stack, stow and unload and anything incidental to carrying, discharging, loading, moving, restowing, stacking, stowing or unloading. local marine service means a shipping service in which a ship is operated on Queensland intrastate voyages to handle dangerous cargo. Port of Brisbane Corporation Limited means the Port of Brisbane Corporation Limited ACN 124 048 522. s 140 amd 2006 SL No. 289 s 44 sch; 2008 SL No. 399 s 3; 2010 Act No. 19 s 149; 2012 SL No. 204 s 3 141 Reporting dangerous cargo event (1) This section applies to a person if—

(a) the person is a person in charge of a place where a ship is, or is about to be, berthed, or is the owner or master of a ship; and

(b) the person becomes aware that a dangerous cargo event has happened at the place or on the ship.

(2) The person must report the event in the approved form and in the way required under subsections (3) and (4). Maximum penalty—100 penalty units. (3) The person must report the event as soon as reasonably practicable after the person finds out about it. (4) The person must report the event—

(a) if the event happens in a pilotage area—to the harbour master of the area; or

(b) otherwise—to the general manager.

(5) In this section— dangerous cargo event means—

(a) for 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

(iii) another event involving, or that could involve, the cargo that causes risk of an explosion, a fire, a person’s death or grievous bodily harm to a person; or

(b) for cargo that is a MHB—an event that causes a risk of an explosion, a fire, a person’s death or grievous bodily harm to a person.

MHB means materials hazardous only in bulk under the IMSBC Code. s 141 amd 2012 SL No. 204 s 6 142 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 written note is evidence that the request was made. (6) The person given the request must comply with the request by radio or any form of electronic communication in the shortest practicable time, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. 143 Restriction on loading combination carrier (1) A person who is the owner or master of a combination carrier that has carried bulk liquid dangerous cargo on 1 or more of its last 3 voyages must not load the carrier with bulk solid cargo in a pilotage area unless—

(a) an approved chemist has—

(i) tested the atmosphere in all places on the carrier that had previously contained the dangerous cargo to ensure that they are gas free in the way stated in ISGOTT; and

(ii) verified that all tanks on the ship containing slops are in an inert condition in the way stated in ISGOTT; and

(iii) issued a safety test certificate in the approved form for the ship; and

(b) the owner or master of the carrier has given the harbour master of the pilotage area a copy of the safety test certificate.

Maximum penalty—200 penalty units. (2) In this section— approved chemist means a competent person under AS 3846—2005. s 143 amd 2008 SL No. 230 s 9 144 Exceptions to restrictions under s 143 (1) Section 143 does not apply to a combination carrier if—

(a) the carrier has not been loaded with bulk liquid dangerous cargoes on its last 3 loaded voyages; and

(b) after the last voyage when the carrier carried a bulk liquid dangerous cargo consisting of crude oil or petroleum products with a flash point of not more than 60ºC, an approved chemist—

(i) tested the atmosphere in all places on the carrier that had previously contained the cargo to ensure that they are gas free in the way stated in ISGOTT; and

(ii) verified that all tanks on the ship containing slops were in an inert condition in the way stated in ISGOTT; and

(iii) issued a safety test certificate in the approved form for the ship; and

(i) a copy of the safety test certificate; and

(ii) a statement in the approved form about the carrier’s last 3 loaded voyages and the cargoes it carried on each voyage.

(2) In this section— approved chemist means a competent person under AS 3846—2005. s 144 amd 2006 SL No. 289 s 44 sch; 2008 SL No. 230 s 9 145 Obligations under s 139 not limited Sections 143 and 144 do not limit the obligations of the owner or master of a ship under section 139. Division 14 Other operational issues 146 Start of particular business activities to be notified (1) This section applies if a person who is 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 another person to use as a commercial hire ship;

(c) providing a leisure tourism or entertainment activity for a person for reward including, for example, parasailing or water skiing.

(2) Before starting the business, the owner or master must give written advice about starting the business in the way required under subsection (3). Maximum penalty—50 penalty units. (3) The written advice must—

(a) be given to—

(i) if the business is started in a pilotage area—the harbour master of the area; or

(ii) if the business is started in waters outside a pilotage area—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 after the person stops carrying on the business. Maximum penalty—50 penalty units. (5) In this section— commercial hire ship means a commercial ship without master or crew, hired or made available by a person for the recreational use of someone else under a commercial arrangement between those persons. Examples of a commercial hire ship— a cruiser, dinghy, houseboat, personal watercraft or yacht hired for recreational use Part 6 Authorities Division 1 Preliminary div hdg sub 2010 SL No. 189 s 19 Subdivision 1 Interpretation sdiv hdg ins 2010 SL No. 189 s 19 147 Definitions for pt 6 In this part— administering agency, for an authority under this part, means—

(a) for an approval, that relates to recreational ships or personal watercraft—the chief executive or the general manager; or Note— See the Schedule (Dictionary), definition approval, of the Act.

(b) for an authority mentioned in section 148 (1) (j) or (k) that relates to Gold Coast waters—the Gold Coast Waterways Authority; or

def administering agency amd 2005 SL No. 121 s 22; 2012 SL No. 232 s 17 issued authority see section 151 (1). def issued authority ins 2015 SL No. 25 s 20 marine licence means a licence to operate a personal watercraft, or a recreational ship, as its master. def marine licence ins 2010 SL No. 189 s 20 (2) s 147 amd 2010 SL No. 189 s 20 (1) 148 What is an authority (1) An authority is any of the following—

(a) an approval;

(b) a certificate of survey issued under section 70;

(d) an approval of an entity to conduct examinations under section 103;

(e) an approval of an entity to provide training programs under section 104;

(f) a temporary permit under section 106 to operate a ship as a master or act as a crew member;

(g) a load line certificate under section 114;

(h) a consent under section 122 to use or display prescribed signals of distress for training or demonstration;

(i) a pilotage exemption certificate under section 179;

(j) an approval to establish a buoy mooring under section 209;

(k) a consent under section 218 to hold an aquatic event;

(l) a design approval certificate.

(2) Subject to section 153 (1) to (3), a reference in this regulation to an authority, other than in section 154, includes a reference to a temporary authority in force under section 153. s 148 amd 2005 SL No. 328 s 5 Subdivision 2 Application of divisions 2 to 6 sdiv 2 (s 148A) ins 2010 SL No. 189 s 21 148A Application of divs 2–6 Subject to section 174B, divisions 2 to 6 do not apply to an approval that is a marine licence. sdiv 2 (s 148A) ins 2010 SL No. 189 s 21 Division 2 How authority is obtained 149 Making the application (1) A person may apply to the administering agency for an authority. (2) The application must—

(a) be in the approved form; and

(b) be supported by enough information to enable the administering agency to decide the application; and

s 149 amd 2014 SL No. 61 s 21 150 Administering agency to decide application within 30 days (1) The administering agency must decide each application for an authority within 30 days after the application is made. (2) However, if within the 30 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 30 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, ship builder or marine surveyor and the general manager grants temporary accreditation to the person under section 153, the general manager must decide the application for accreditation before the temporary accreditation ends. (4) Subsection (3) applies despite subsection (1). 151 Issuing of authority if application granted (1) If the administering agency decides to grant an application for an authority, the administering agency must, within 30 days after making the decision to grant the application, issue to the applicant the appropriate authority in the approved form (an issued authority). (2) The authority must include all conditions to which the authority is subject under section 155. s 151 amd 2005 SL No. 121 s 23; 2010 SL No. 189 s 22 152 Term of authority (1) The term of an authority is the term stated in it. (2) However, the term of the following authorities is unlimited—

• a licence to act as coxswain of a commercial ship

• a licence to operate a fishing ship as its master

• a licence to operate a fishing ship as its engineer

• a personal watercraft licence

• a recreational marine driver licence.

s 152 amd 2005 SL No. 121 s 24 153 Temporary authorities (1) This section applies if an application for an authority is an application for—

(a) the accreditation of a person as a ship designer, ship builder or marine surveyor; or

(b) the registration of a commercial ship or fishing ship; or

(2) The general manager may grant a temporary authority to the applicant for a term of not more than 6 months. (3) The temporary authority is in force until the earliest of the following happens—

(a) the term stated in the authority ends;

(b) the application is finally decided by the general manager and the general manager notifies the applicant of the general manager’s decision;

s 153 amd 2005 SL No. 121 s 25 154 Refusal of application for authority (1) If the administering agency decides to refuse an application for an authority, the administering agency must give the applicant written notice of the decision within 14 days after making the decision. (2) 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

(d) the applicant has not paid fees payable under the Act; or

(e) if the application is for the registration of a ship—the administering agency is satisfied, on reasonable grounds, that the ship is not seaworthy even though a certificate of compliance or survey has been issued for the ship.

(3) The notice must state—

(a) the reasons for the refusal; and

(b) the prescribed review information for the decision.

s 154 amd 2009 Act No. 24 s 1763; 2012 SL No. 204 s 7 155 Grant of authority on conditions The administering agency may grant an application for an authority on conditions the administering agency considers reasonable and relevant. Division 3 Renewal of authority 156 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

157 Div 2 applies to application for renewal (1) Division 2 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—

(i) was false or misleading; or

(ii) was 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 an approval to establish a buoy mooring—there has been a significant change in circumstances affecting marine safety in the vicinity of the buoy mooring.

s 157 amd 2012 SL No. 204 s 8 Division 4 Amendment of authority 158 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

159 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. 160 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 the holder a written notice under this section. (3) The notice must state the following—

(a) the proposed amendment;

(b) the grounds for the proposed amendment;

(d) an invitation to the holder to show within a stated time, which must be at least 30 days, why the authority should not be amended;

(e) the period, which must be at least 30 days after the notice is given to the holder, within which the representations may be made.

(4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the authority. Note— Part 16 of the Act provides for appeals. (5) If the administering agency does not consider the amendment is necessary or desirable, the administering agency must give the holder written notice of the decision within 14 days after making the decision. s 160 amd 2012 SL No. 204 s 3 161 When amendment of authority takes effect If the administering agency amends an authority, the amendment 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.

162 Authority to be returned for alteration after amendment (1) The administering agency may, by written notice, ask the holder of an authority to return the issued authority to the administering agency within a stated time, of at least 30 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. Maximum penalty—20 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 163 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—

(i) was false or misleading; or

(ii) was obtained or made in another improper way;

(d) the holder has been convicted of—

(i) an indictable offence; or

(ii) if the authority is a licence—an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80;

(e) the holder has not paid fees payable under the Act;

(f) if the authority is the registration of a ship—the administering agency is satisfied, on reasonable grounds, that the ship is not seaworthy even though a certificate of compliance or survey has been issued for the ship.

s 163 amd 2012 SL No. 204 s 9 164 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 stating the following—

(a) the proposed action;

(b) the grounds for the proposed action;

(d) if the proposed action is to suspend the authority, the proposed suspension term;

(e) an invitation to the holder to show within a stated time, which must be at least 30 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 14 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) the prescribed review information for the decision.

(6) The decision takes effect on the later of the following—

(a) the day when the notice is given to the holder;

(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

(b) the suspension or cancellation has no effect if the conviction is quashed on appeal.

s 164 amd 2009 Act No. 24 s 1764 165 Action by general manager after marine incident (1) This section applies to a person or ship involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act. (2) The general manager may, by signed notice given to the person, or a person who is the owner or master of the ship, suspend or amend the relevant approval. (3) The notice must state each of the following—

(a) the grounds for suspension or amendment;

(b) an outline of the facts and circumstances forming the basis of the general manager’s decision;

(c) if the notice suspends the approval—the suspension term, which must be reasonable in the circumstances but not longer than 6 months;

(d) if the notice amends the approval—the way the approval is amended and for how long the amendment is to be in effect;

(e) that the holder of the approval may—

(i) under section 203B of the Act—ask for the decision to be reviewed by the general manager; and

(ii) under the Transport and Planning Coordination Act 1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and

(iii) under section 203C of the Act—ask for the general manager’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(iv) under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.

(4) The suspension or amendment takes effect on the later of the following—

(a) the day on which the notice is given;

(b) the day specified in the notice.

(5) This section does not limit section 164. s 165 amd 2009 Act No. 24 s 1765 166 Extension of term of suspension or amendment after marine incident (1) This section applies if the general manager suspends or amends, under section 165 (2), an approval after a marine incident. (2) If, within 14 days after the general manager has considered a shipping inspector’s report about the marine incident, a board of inquiry is not established, but the general manager has given a notice under section 164 (1) to the holder of the approval before its suspension or amendment under section 165 ends, the suspension or amendment of the approval continues until the general manager informs the holder of the general manager’s decision about the notice under section 164 (3). (3) However, if a board of inquiry has been established within 14 days after the general manager has considered an inspector’s report about the marine incident, the general manager may, by signed notice given to the holder of the approval suspended or amended under section 165, extend the term of the suspension or amendment of the approval until 7 days after the board has given the Minister its report under section 132 of the Act. (4) If a notice under section 164 (1) has been given to the holder of the approval within 7 days after the board has given the Minister its report, the suspension or amendment of the approval under section 165 continues until the general manager informs the holder of the general manager’s decision about the notice under section 164 (3). (5) If, within 14 days after the general manager has considered an inspector’s report about the marine incident, a board of inquiry has not been established and the general manager has not given a notice under section 164 (1) to the holder of the approval, the suspension or amendment of the approval under section 165 ends and the general manager must notify the holder of the approval accordingly. 167 Effect of suspension on renewal of authority (1) An authority that is suspended may be renewed. (2) However, the suspension continues until the end of the suspension period. 168 Authority to be returned after suspension or cancellation (1) A person whose authority is suspended or cancelled must return the issued authority to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (2) If an issued authority is returned to the administering agency, the administering agency must return it to the holder at the end of the suspension term. Division 5A Particular provisions about restricted licences and licence disqualifications div 5A (ss 168A–168B) ins 2007 SL No. 68 s 4 168A Application for variation of restrictions—Act, s 202K For section 202K (4) of the Act, a written notice about an application must be—

(a) in the approved form; and

(b) given to the chief executive at the address stated in the approved form as the address for giving the notice.

div 5A (ss 168A–168B) ins 2007 SL No. 68 s 4 168B Notice about application for removal of disqualification—Act, s 202L For section 202L (4) of the Act, a written notice about an application must be—

(a) in the approved form; and

(b) given to the chief executive at the address stated in the approved form as the address for giving the notice.

div 5A (ss 168A–168B) ins 2007 SL No. 68 s 4 Division 6 Other provisions about authorities 169 Holder to notify change of address or postal address If the holder of an authority changes either of the following, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse—

(a) the holder’s address;

(b) if there is a current postal address for the holder—the postal address.

Maximum penalty—10 penalty units. s 169 sub 2014 SL No. 219 s 32 170 Keeping of authority (1) This section applies to an authority other than the following types of authority—

(a) a certificate of survey;

(b) a design approval certificate;

(2) The holder of a current authority must keep the authority or a document about the granting of the authority. Maximum penalty—20 penalty units. s 170 sub 2005 SL No. 121 s 26 170A Defacing or changing authority The holder of an issued authority must not deface or otherwise change the authority. Maximum penalty—20 penalty units. s 170A ins 2005 SL No. 121 s 26 171 Replacement of authority (1) If an issued authority is lost, damaged or destroyed, the holder of the 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 fee prescribed under a regulation.

(3) The administering agency may replace the issued authority only if the administering agency is satisfied it has been lost, damaged or destroyed. 171A Copy of authority may be given to person with interest in ship (1) If a person obtains an interest in a ship, the person may apply to the administering agency for a copy of an authority mentioned in section 148 (1) (b), (g) or (l) that has been issued for the ship. (2) The application must be in the approved form. (3) The administering agency may give a copy of the authority to the person if the administering agency is satisfied the person has an interest in the ship. (4) The administering agency may change the authority before giving a copy of it to the person to ensure that the authority is addressed to the person. s 171A ins 2005 SL No. 121 s 27 172 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 issued authority. (3) The surrender of the authority takes effect—

(a) on the day 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 173 Transfer of ship’s registration (1) The administering agency may transfer the registration of a ship. (2) A person who buys or otherwise acquires a registered ship from another person must, within 14 days after acquiring the ship, apply to the administering agency for the transfer of the ship’s registration. Maximum penalty—20 penalty units. (3) A ship’s registered owner may apply for transfer of the ship’s registration to another person if—

(a) the ship has been sold or otherwise disposed of to the other person; and

(b) the registered owner reasonably believes the other person has not applied for transfer of the ship’s registration within 14 days after acquiring the ship.

(4) Until the administering agency receives notice of the transfer of a ship’s registration, the registered owner is taken to be, for this regulation, a person who is the owner of the ship. 174 Particular provisions about authorities apply to transfer of ship’s registration (1) Sections 149 to 151 and 154 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 14 days after making the decision—

(a) record the new registered owner’s name and address in the relevant register; and

(b) issue an amended certificate of registration for the ship in the new registered owner’s name.

(3) If the ship’s registration is subject to conditions imposed by the administering agency under section 155, the conditions continue to apply after the registration is transferred. Division 8 Marine licences and marine licence indicators div 8 (ss 174A–174B) ins 2010 SL No. 189 s 23 174A Application of div 8 This division applies to—

(a) a marine licence; and

(b) a marine licence indicator.

div 8 (ss 174A–174B) ins 2010 SL No. 189 s 23 174B Application of divs 2–6 to marine licences and marine licence indicators The provisions of divisions 2 to 6 mentioned in schedule 4A apply to a marine licence with the changes and additions stated in the schedule. Note— Changes and additions to the text of divisions 2 to 6 are shown in italics. Provisions not applied are indicated by ‘(omitted)’. div 8 (ss 174A–174B) ins 2010 SL No. 189 s 23 Part 7 Pilotage areas, compulsory pilotage areas and pilots Division 1 Pilotage areas and compulsory pilotage areas 175 Declaration of pilotage areas and compulsory pilotage areas—Act, s 71 (a) (1) Schedule 5 states the areas of Queensland waters that are pilotage areas. (2) Schedule 6 states the pilotage areas, or parts of pilotage areas, that are compulsory pilotage areas. 175A Responsible pilotage entities for compulsory pilotage areas—Act, s 71A The responsible pilotage entity for a compulsory pilotage area stated in schedule 6A, column 1 is the entity stated in column 2 of the schedule opposite the area. s 175A ins 2013 SL No. 207 s 6 Division 2 Pilots 176 Application of Act, pt 8 (1) The following are ships to which part 8 of the Act applies—

(a) a ship that is 50m 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 total of the lengths of the ships is 50m or more; and

(iii) the master of the relevant ship has command of the combined ships;

(d) a ship whose master is directed by a harbour master to use the services of a pilot.

(2) However, part 8 of the Act does not apply to a ship mentioned in subsection (1) (a) or (b) if—

(a) the ship is operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship in the area and the master personally operates the ship; or

(b) the ship is operated in a pilotage area by a master who holds a licence to operate the ship as its master, the licence is endorsed for the pilotage area, and the ship is a registered ship that is not more than 80m; or

(c) for a ship that is a dredge operating only in a pilotage area under the charge of a master who holds a pilotage exemption certificate for the dredge for the area but who is not personally operating the dredge—the dredge is being operated 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 operate the dredge in the area.

(3) In this section— propelling includes towing. small ship means a ship that is less than 50m. s 176 amd 2005 SL No. 50 s 6 177 Transfer of pilot to ship (1) A pilot may be transferred to or from a ship—

(a) by a pilot ship flying the appropriate distinguishing flag or showing the appropriate distinguishing lights; or

(b) by a helicopter that lands on the ship or from which the pilot is lowered by winch.

(2) The master of a ship to or from which a pilot is to be transferred must give the harbour master for the pilotage area of the pilot’s operations all information necessary to determine the suitability of the ship for transferring the pilot by a helicopter. Maximum penalty—50 penalty units. (3) The way the pilot is transferred to a ship is at the sole discretion of the harbour master for the pilotage area of the pilot’s operations. (4) 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 Marine Orders, part 57 and part 21, section 20; 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 transferred, about safely transferring the pilot to or from the ship; and

Maximum penalty for subsection (4)—200 penalty units. s 177 amd 2006 SL No. 173 s 12; 2006 SL No. 289 s 44 sch 178 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 compulsory 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. 179 Pilotage exemption (1) The general manager may issue a pilotage exemption certificate to a person for a ship or class of ship in a pilotage area. (2) The general manager may issue the certificate to the person only if—

(a) the person holds an appropriate licence to operate the ship, or class of ship, as its master under—

(i) this regulation; or

(ii) the law of the Commonwealth or another State; or

(iii) for a certificate issued to a person for a foreign registered ship—the law of the country under whose laws the ship is registered; and

(b) the person passes a pilotage exemption test comprising—

(i) a written test about the person’s knowledge of the pilotage area; and

(ii) a practical ship-handling test in the pilotage area; and

(i) the person has completed a reasonable number of voyages in the area as the master, or the chief mate in charge of a navigation watch, of a ship comparable in size to the ship or class of ship; and

(ii) marine operations in the pilotage area will not be endangered by issuing the certificate.

(3) The general manager may issue the certificate only for a ship that is—

(a) an Australian registered ship, other than a tank ship of 200m or more; or

(b) a foreign registered ship that is less than 100m and operating in a pilotage area stated in schedule 7; or

(c) a foreign registered ship that is a dredging plant, or is part of a dredging plant, and operating in a pilotage area, or part of a pilotage area, stated in a direction of a harbour master under the Act, section 88.

(4) The procedure for obtaining a pilotage exemption certificate is in part 6. (5) In this section— chief mate means—

(a) for a commercial ship—a chief mate under the USL code, section 2, part 4, clause 34; or

(b) for a fishing ship—a chief mate under the USL code, section 3, part 4, clause 21.

dredging plant means a ship, a group of ships or a combination of ships, operating solely for the purpose of conducting or assisting dredging operations. tank ship means a ship that is—

(a) an oil tanker; or

(b) a chemical carrier; or

s 179 amd 2012 SL No. 204 s 10 Division 3 Pilots and fatigue management 180 Fatigue management (1) A person who employs pilots to perform pilotage services on the person’s 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. Division 4 Reporting movements of ships 181 Reporting movement of ship mentioned in s 176 (1) (1) This section applies if a ship mentioned in section 176 (1)—

(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) A person who is the owner or master of the ship must report the expected time of arrival, departure or removal of the ship to the harbour master for the pilotage area in the approved form within the time stated in subsection (3). Maximum penalty—100 penalty units. (3) The report must be made—

(a) for the arrival of the ship—at least 48 hours before the expected arrival; or

(b) for the departure or removal of the ship—at least 24 hours before the expected departure or removal.

s 181 amd 2005 SL No. 50 s 7 181A Reporting movement of ship 35m or more but less than 50m (1) This section applies if a ship that is 35m or more but less than 50m—

(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) A person who is the owner or master of the ship must report the expected time of a movement of the ship to the harbour master for the pilotage area in the approved form within the time stated in subsection (3). Maximum penalty—40 penalty units. (3) The report must be made—

(a) for the first movement of the ship in a reporting period for the ship—at least 24 hours before the movement; and

(b) for any subsequent movement of the ship in the reporting period for the ship—within the time decided by the harbour master necessary to maintain the effectiveness and efficiency of the Queensland maritime industry.

(4) In this section— movement, of a ship, means an arrival, departure or removal of the ship. reporting period, for the ship, means a period of 30 days from the day of a movement of the ship in the pilotage area not otherwise covered by an existing reporting period for the ship in the pilotage area. s 181A ins 2005 SL No. 50 s 8 Division 5 Reporting ship movements to VTS 182 Definitions for div 5 In this division— area VTS, for a pilotage area, means the vessel traffic services operated by the general manager in the pilotage area. radio means VHF radio. small ship means a ship that is less than 35m. 183 Application of div 5 This division, other than section 190, applies to a ship only if the ship is fitted with radio and is one of the following ships—

(a) a ship that is 35m 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 35m or more; and

(iii) the master of the relevant ship has command of the combined ships;

(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 35m and either of the ships is carrying dangerous cargo; and

(iii) the master of the relevant ship has command of the combined ships;

(g) a small ship that is a fishing ship that is 10m or more and operating in a pilotage area or part of a pilotage area stated in schedule 8;

(h) a small ship that is 10m or more and operating in a pilotage area or part of a pilotage area stated in schedule 9.

184 Obligation under s 181 not limited This division is in addition to and does not limit a person’s obligations under section 181. 185 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;

(d) the name and quantity of all dangerous cargo the ship is carrying;

(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 pilotage area—

(i) the ship’s draught fore and aft; and

(ii) the expected arrival time of the ship at the place to which the ship is navigating.

Maximum penalty—100 penalty units. 186 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;

(d) if the ship is not leaving the area—the place to which the ship is navigating;

(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 pilotage area—

(i) the ship’s draught fore and aft; and

(ii) the expected arrival time of the ship at the place to which the ship is navigating.

Maximum penalty for subsection (2)—100 penalty units. 187 Reaching destination (1) When a ship mentioned in section 185 or 186 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 when the ship was fully secured;

(b) if the ship is anchored—the time when 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 the ship leaves the area. Maximum penalty—100 penalty units. 188 Ship 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 the time the transfer was made. Maximum penalty for subsection (2)—100 penalty units. 189 Ship navigating in pilotage area using services of a pilot (1) This section applies if a ship mentioned in section 186 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. 190 Report requested by harbour master (1) The harbour master for 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) the ship’s name;

(b) the ship’s position by reference to an aid to navigation;

(2) The ship’s master must not contravene the direction unless the master has a reasonable excuse. Maximum penalty for subsection (2)—100 penalty units. s 190 amd 2005 SL No. 50 s 9 191 Radio frequencies The radio frequencies used by an area VTS are stated in notices to mariners published by Maritime Safety Queensland. Editor’s note— The notices are available for inspection at the offices of Maritime Safety Queensland during normal office hours or on the Maritime Safety Queensland website. s 191 amd 2009 SL No. 299 s 11 Part 8 Pilotage fees and conservancy dues Division 1 Pilotage fees 192 Application of div 1 This division applies to a ship to which part 8 of the Act applies under section 176. 193 Pilotage fees for pilotage service (1) Pilotage fees are payable when a person navigates a ship in a pilotage area and uses the services of a pilot. Note— 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. (2) Schedule 10 states the pilotage fee for an arrival, departure or removal of a ship in a pilotage area, other than a non-prescribed fee area. (3) A fee in an amount decided by the general manager, that is not more than the reasonable cost of providing the services of the pilot, is the pilotage fee for pilotage for—

(a) a non-prescribed fee area; or

(b) a movement of a ship (other than an arrival, departure or removal of the ship) in a pilotage area that is not a non-prescribed fee area.

(4) In this section— non-prescribed fee area means—

(a) the Daintree River pilotage area; or

(b) the Noosa pilotage area; or

s 193 sub 2005 SL No. 50 s 10 amd 2012 SL No. 204 s 3 193A Pilotage fees if multiple pilots needed (1) This section applies if the port procedures and information for shipping manual for a pilotage area state, or the general manager reasonably believes for a pilotage area, that, for safety reasons, the services of more than 1 pilot is to be used for an arrival, departure or removal of a ship in the pilotage area. Editor’s note— The port procedures and information for shipping manual for a pilotage area is available on request from MSQ or on the MSQ website. (2) The fee stated in schedule 10 for the arrival, departure or removal of the ship in the pilotage area is payable for each pilot. (3) In this section— pilot does not include a person who is—

(a) a supervising pilot; or

(b) being trained as a pilot, or having their competence as a pilot assessed, by a supervising pilot.

supervising pilot see the Act, section 101 (5). s 193A ins 2011 SL No. 64 s 20 194 No pilotage fee for removal of a ship that is part of arrival or departure If a removal of a ship is part of the ship’s arrival at, or departure from, a pilotage area, no pilotage fee is payable for the removal. s 194 sub 2005 SL No. 50 s 10 195 Fee if pilot can not leave ship (1) This section applies if a ship departs from a pilotage area. (2) If a pilot can not leave the ship after pilotage of the ship ends, an additional fee is payable in the amount of the reasonable costs of returning the pilot to the pilotage area. (3) Subsection (2) 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 ship’s master. s 195 sub 2005 SL No. 50 s 10 195A Cancellation fee if pilotage amended or cancelled (1) This section applies if a person who is the owner or master of a ship has arranged pilotage for the ship with a harbour master. (2) A cancellation fee stated in schedule 10 is payable if the person amends or cancels the pilotage without giving the harbour master at least 3 hours notice of the amendment or cancellation. (3) However, if the general manager considers a time other than the time mentioned in subsection (2) is necessary for the effective and efficient operation of the pilotage service in a pilotage area, the general manager may, by gazette notice, specify another time (not more than 3 hours) for subsection (2) for the pilotage area. s 195A ins 2005 SL No. 50 s 10 195B Delay fee if pilotage delayed (1) This section applies if a person who is the owner or master of a ship—

(a) has arranged pilotage for the ship with a harbour master; and

(b) has not given the harbour master notice of an amendment or cancellation of the pilotage under section 195A (2).

(2) A delay fee stated in schedule 10 is payable if pilotage for the ship is delayed for more than 30 minutes, but not more than 2 hours, after the time arranged for the pilotage with the harbour master. (3) The delay fee is payable—

(a) if the ship is delayed for more than 30 minutes but not more than 1 hour—for the first hour; or

(b) if the ship is delayed for more than 1 hour but not more than 2 hours—for each of the first 2 hours.

(4) If the ship is delayed for more than 2 hours—

(a) the pilotage is taken to have been cancelled; and

(b) a cancellation fee stated in schedule 10 is payable.

(5) However, if the general manager considers times other than the times mentioned in subsection (3) or (4) are necessary for the effective and efficient operation of the pilotage service in a pilotage area, the general manager may, by gazette notice, specify other times (not less than the times mentioned) for subsection (3) or (4) for the pilotage area. (6) In this section— delay does not include delay caused by weather affecting the ship’s ability to be safely navigated. s 195B ins 2005 SL No. 50 s 10 Division 2 Conservancy dues 196 Conservancy dues for ships (1) Conservancy dues stated in schedule 10 are payable for the ships mentioned in section 176 (1) (a) to (d). (2) A conservancy due is payable on the day the ship completes its first arrival at, removal within or departure from, a compulsory pilotage area. (3) The fee payable under subsection (2) includes all the ship’s arrivals at, removals within or departures from, any compulsory pilotage area for 30 days after the fee is payable. (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 otherwise discharge or load any cargo or land or take on board any passenger in the pilotage area—

(a) discharging residue or slops;

(b) relieving stress of weather or distress to the ship from anything else;

(d) effecting repairs;

(e) refitting or docking;

(f) obtaining fuel or provisions for the ship.

s 196 amd 2005 SL No. 50 s 11; 2010 SL No. 100 s 19 Division 3 General 197 Definition for div 3 In this division— fees means pilotage fees for compulsory pilotage areas or conservancy dues payable for a ship under this part. 198 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 200.

199 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 is issued. 200 Interest on unpaid fees Interest calculated daily at the rate stated in schedule 10 is payable on fees that are not paid within the required time under section 199. 201 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. Part 9 Other matters about marine safety Division 1 Approval of harbour masters for part 9 div hdg amd 2007 SL No. 49 s 3 202 Definition for pt 9 In this part— harbour master means a harbour master approved by the chief executive under section 203 (1) to exercise powers under this part. 203 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 the general manager considers necessary for marine safety. 204 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 section 205 for a marine incident may not be exercised by a harbour master after the first of the following—

(a) the end of the marine incident;

(b) the end of 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 203 (3). s 204 amd 2009 SL No. 299 s 12 Division 2 Appointment of shipping inspectors div hdg (prev div 1A hdg) ins 2007 SL No. 49 s 4 renum 2009 SL No. 299 s 14 204A Appointment of shipping inspectors For section 157 (1) (f) of the Act, the following persons are prescribed—

(a) a local government employee or officer;

(b) an employee of a water authority under the Water Act 2000 ;

(c) an employee of SunWater Limited ACN 131 034 985 established under the Government Owned Corporations Regulation 2004 ;

(d) an employee of South East Queensland Water Corporation Limited ABN 14 088 729 766.

s 204A ins 2007 SL No. 49 amd 2009 SL No. 46 s 5; 2012 SL No. 232 s 18 Division 3 Marine incidents outside pilotage area div hdg prev div 3 hdg om 2009 SL No. 299 s 13 pres div 3 hdg (prev div 2 hdg) renum 2009 SL No. 299 s 14 205 Harbour master’s powers for marine incident outside pilotage area (1) This section applies if a harbour master believes a marine incident has happened, or is likely to happen, in an area (the relevant area) of waters outside a pilotage area. (2) The harbour master may direct the master of a ship in or adjacent to the relevant area to navigate or otherwise operate the ship in a specified way, including, for example, in any of the following ways—

(a) not to cause the ship to enter the relevant area;

(b) to cause the ship to enter the relevant area in a specified way;

(d) to anchor, berth or moor the ship at a specified place in the relevant area;

(e) to move the ship from an anchorage, berth or mooring in the relevant area;

(f) to cause the ship to leave the relevant area or to leave the relevant area in a specified way.

(3) The harbour master may direct the person in charge of a place in, or adjacent to, the relevant area—

(a) to allow a ship to be berthed at the place or moved from the place; or

(b) to allow access through the place to and from the ship.

(4) A person must comply with a direction under subsection (2) or (3) unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (5) A direction under subsection (2) may be given to any of the ship’s crew if it is not possible to give the direction to the master of the ship. (6) A direction given to any of the ship’s crew is taken to have been given to the master of the ship. 206 Direction to person about obstruction s 206 om 2009 SL No. 299 s 13 Division 4 Buoy moorings 207 Buoy mooring category areas (1) The general manager may, by gazette notice, define an area of Queensland waters other than Gold Coast waters as one of the following category areas for buoy moorings—

(a) a category 1 area;

(b) a category 2 area.

(2) An area of Queensland waters that is not defined as a category 1 or 2 area is a category 3 area. (3) 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. Examples of management and control of buoy moorings within a category 1 area—

1 the capacity to charge fees for the use of a buoy mooring

2 the capacity to set conditions on the placement of a buoy mooring

3 the capacity to set conditions on the use of a buoy mooring

s 207 amd 2009 SL No. 299 s 15; 2012 SL No. 232 s 19 207A Buoy mooring category areas in Gold Coast waters (1) The Gold Coast Waterways Authority may, by gazette notice, define an area of Gold Coast waters as one of the following category areas for buoy moorings—

(a) a category 1 area;

(b) a category 2 area.

(2) An area of Gold Coast waters that is not defined as a category 1 or 2 area is a category 3 area. (3) The Gold Coast Waterways Authority 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 in Gold Coast waters. s 207A ins 2012 SL No. 232 s 20 208 Establishment of unauthorised buoy mooring (1) A person must not establish a buoy mooring—

(a) in a category 1 area, unless the mooring manager for the area consents to the establishment of the buoy mooring; or

(b) in a category 2 or 3 area, unless the general manager approves the establishment of the buoy mooring under section 209.

Maximum penalty—50 penalty units. (2) If a person establishes a buoy mooring in contravention of subsection (1), the following may direct the person to remove the buoy mooring—

(a) if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master;

(b) if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority;

(3) A person given a direction under subsection (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (4) A person must not use a buoy mooring—

(a) in a category 1 area, unless the mooring manager for the area has consented to the establishment of the buoy mooring; or

(b) in a category 2 or 3 area, unless the establishment of the buoy mooring has been approved under section 209 by—

(i) if the area is in Gold Coast waters—the Gold Coast Waterways Authority; or

(ii) otherwise—the general manager.

Maximum penalty—50 penalty units. s 208 amd 2012 SL No. 232 s 21 209 Approval of establishment of buoy mooring (1) The following may approve the establishment of a buoy mooring for a category 2 or 3 area—

(a) if the area is in Gold Coast waters—the Gold Coast Waterways Authority;

(b) otherwise—the general manager.

(2) The approval may be for the establishment of—

(a) a restricted use buoy mooring; or

(b) an unrestricted use buoy mooring.

(3) The procedure for obtaining the approval is in part 6. s 209 amd 2012 SL No. 232 s 22 210 Limitations on buoy mooring approvals (1) The general manager or Gold Coast Waterways Authority may approve the establishment of a buoy mooring only if the general manager or authority is satisfied the mooring does not significantly interfere with—

(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 or authority may approve the establishment of the buoy mooring only if the general manager or authority is satisfied the port authority or a port operator for the port has consented to the establishment. s 210 amd 2010 Act No. 19 s 150; 2012 SL No. 232 s 23 211 Conditions of buoy mooring approvals (1) The conditions the general manager or Gold Coast Waterways Authority may impose on an approval to establish a buoy mooring may include conditions about the colour, shape and size of the buoy. (2) Subsection (1) does not limit section 155. s 211 amd 2012 SL No. 232 s 24 212 Notice of establishment of buoy mooring (1) A person who establishes a buoy mooring under an approval to establish it must give written notice under this section. Maximum penalty—20 penalty units. (2) The notice must contain the details required by the general manager or Gold Coast Waterways Authority when issuing the approval. (3) The details required by the general manager or authority may include the following—

(a) the date the buoy mooring was placed;

(b) the precise location of the buoy mooring;

1 the shape, construction and dimensions of the mooring block

2 the length and diameter of the chain or rope connecting the buoy to the mooring block

(4) The notice must be given to—

(a) for a buoy mooring established in a pilotage area in Queensland waters other than Gold Coast waters—a harbour master; or

(b) for a buoy mooring established in the Gold Coast waters—the Gold Coast Waterways Authority; or

(5) The notice must be given within 14 days after the buoy mooring is established. s 212 amd 2012 SL No. 232 s 25 213 Buoy mooring to display identifying number The holder of an approval to establish a buoy mooring must ensure—

(a) the identifying number issued by the general manager or Gold Coast Waterways Authority 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—20 penalty units. s 213 amd 2012 SL No. 232 s 26 214 Unlawful use of buoy mooring (1) A person must not moor a ship to a restricted use buoy mooring unless the ship is the ship stated in the approval to establish the buoy mooring. Maximum penalty—50 penalty units. (2) A person must not moor a ship to an unrestricted use buoy mooring unless the person has the consent of the holder of the approval to establish the buoy mooring. Maximum penalty—50 penalty units. 215 Removal of buoy mooring on expiry, cancellation or surrender of approval (1) This section applies if an approval to establish a buoy mooring has expired, or has been cancelled or surrendered under part 6. (2) The person to whom the approval was granted must remove all of the following within the time stated in subsection (3), unless the person has a reasonable excuse—

(a) the buoy whose mooring is authorised under the authority;

(b) the mooring apparatus for the buoy;

Maximum penalty—20 penalty units. (3) The buoy, its mooring apparatus and its mooring block must be removed—

(a) if the approval has expired or been surrendered—within 14 days after the expiry or surrender; or

(b) if the approval has been cancelled and no application for review of the decision to cancel the approval (QCAT application) is made to QCAT under part 16 of the Act—within 14 days after the time for making the QCAT application ends; or

(c) if the approval has been cancelled and, on a QCAT application, QCAT confirms the cancellation—within 14 days after the confirmation of the cancellation.

(4) If the person does not remove the buoy mooring, mooring apparatus or mooring block within the time stated in subsection (3), the following may direct the person to remove the mooring, apparatus or block—

(a) if the buoy mooring is established in a pilotage area in Queensland waters other than Gold Coast waters—the harbour master;

(b) if the buoy mooring is established in Gold Coast waters—the Gold Coast Waterways Authority;

(5) The person must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—50 penalty units. s 215 amd 2009 Act No. 24 s 1766; 2012 SL No. 232 s 27 Division 5 Directions of harbour master, Gold Coast Waterways Authority or general manager div hdg amd 2012 SL No. 232 s 28 216 Harbour master, Gold Coast Waterways Authority or general manager may carry out direction (1) This section applies if a person has not complied with a direction given to the person by—

(a) a harbour master under section 205, 208 or 215; or

(b) the Gold Coast Waterways Authority or general manager under section 208 or 215.

(2) Also, this section applies if—

(a) it appears to a harbour master, the authority or general manager there is no-one to whom a direction under section 205, 208 or 215 may be given; and

(b) the harbour master, authority or general manager is satisfied on reasonable grounds that the harbour master, authority or general manager must act urgently without giving a direction.

(3) The harbour master, authority or general manager may carry out the direction or proposed direction, including by asking a person who is a suitably qualified person to carry out the direction or proposed direction. (4) Without limiting subsection (3), the harbour master, authority or general manager 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, an area to board a ship and anchor, berth, moor or move it.

(5) In this section— suitably qualified person means a person who—

(a) is a shipping inspector or may be appointed as a shipping inspector under section 157 (1) of the Act; and

(b) the harbour master, authority or general manager reasonably believes has qualifications, skills or experience necessary to safely carry out the direction or proposed direction.

s 216 amd 2005 SL No. 121 s 28; 2009 SL No. 299 s 16; 2012 SL No. 232 s 29 217 Recovery by State of expenses of carrying out direction (1) This section applies if a harbour master, the Gold Coast Waterways Authority or general manager incurs expense, whether the expense is the harbour master’s expense or the State’s expense, in exercising a power under section 216. (2) The amount of the expense may be recovered by the State as a debt. (3) The following persons are liable for the expense—

(a) if a direction under section 205 (2) 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 205 (2) could have been given to the master of a ship but was not given for the reasons mentioned in section 216 (2)—the master and the owner of the ship;

(c) if a direction was given to a person under section 205 (3) and the person did not comply with the direction—the person;

(d) if a direction under section 205 (3) could have been given to a person but was not given for the reasons mentioned in section 216 (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. s 217 amd 2009 SL No. 299 s 17; 2012 SL No. 232 s 30 Division 6 Aquatic events 218 Aquatic events (1) This section applies if the holding of an aquatic event is likely to affect the normal operation of ships in the area of the event. Examples—

1 an aquatic event involving people swimming in an area well used by ships

2 an aquatic event being held in a river where commercial ships will continue to operate

(2) The person holding the aquatic event must obtain consent for the holding of the event from—

(a) if the event is to be held wholly within a pilotage area in Queensland waters other than Gold Coast waters—the harbour master for the pilotage area; or

(b) if the event is to be held wholly within Gold Coast waters—the Gold Coast Waterways Authority; or

Maximum penalty—50 penalty units. (3) A person must comply with any conditions applying to the person that are imposed on the consent by the general manager or Gold Coast Waterways Authority under section 155. Maximum penalty—50 penalty units. (4) The consent can not authorise noncompliance with this regulation. (5) The procedure for obtaining consent for an aquatic event is in part 6. s 218 amd 2012 SL No. 232 s 31 Division 7 Ships not to be anchored or otherwise operated in particular places 219 Prohibition on anchoring in particular places (1) A person who is the owner or master of a ship must not anchor the ship—

(a) within 10m of a boat ramp or jetty; or

(b) within 50m of an underwater cable or pipeline if a sign indicates the presence of the cable or pipeline; or

Maximum penalty—100 penalty units. (2) For subsection (1) (c), the general manager, by gazette notice, may state the waters where the presence of anchored ships involves danger to aircraft or other ships. 220 Prohibition on ship operations near particular structures (1) A person who is the owner or master of a ship must not anchor, berth, moor or operate the ship within 100m 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 in genuine repairs to, or maintenance work on, the dam wall, spillway or weir. 221 Unlawful operations if endangering marine safety (1) A person who is the owner or master of a ship must not anchor, berth, moor or operate the ship in waters if doing so endangers marine safety. Maximum penalty—100 penalty units. (2) For subsection (1), the general manager, by gazette notice, may state the waters where the anchoring, berthing, mooring or operating of a ship, or type of ship, endangers marine safety. Example— The general manager may publish a gazette notice stating that the operating of a ship within 60m either side of the boundaries of a flagged swimming area endangers marine safety. (3) 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 (4) For subsection (3), the general manager, by gazette notice, may state the waters where the conducting of a stated activity endangers marine safety. (5) A person who is the owner or master of a ship must not operate the ship within 30m of a diver in the water if a code A flag is displayed in the vicinity of the diver. Maximum penalty—100 penalty units. (6) However, subsection (5) does not apply to the ship attending the diver. Division 8 Other safety matters 222 Water skiing (1) A skier 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—

(a) the skier is participating in a skiing event; and

(b) it is impractical or unsafe for the skier to wear a personal flotation device.

(3) A person (an operator) must not operate a ship towing a skier unless—

(a) if the skier is required to wear a PFD type 2 or 3 under subsection (1)—the skier is wearing the PFD; and

(b) there is another person (an observer) on the ship, who is more than 12 years, and is competent to act under subsection (5), watching the skier at all times.

Maximum penalty—100 penalty units. (4) Subsection (3) (a) does not apply if—

(a) the operator is towing a skier; and

(b) the skier is participating in a skiing event; and

(5) The observer must 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

(6) In this section— skier means a person who is water skiing. skiing event means any of the following—

(a) a commercial display;

(b) a trick or novelty skiing event in a program of events organised by a genuine water sports entity;

s 222 amd 2005 SL No. 121 s 29 Part 9A Marine zones pt hdg ins 2005 SL No. 121 s 30 222A Marine zones (1) An area is a marine zone if schedule 14A states it is a marine zone. (2) A person who is the owner or master of a ship must not operate the ship in a marine zone in contravention of a requirement mentioned in schedule 14A for the marine zone. Maximum penalty—200 penalty units. (3) However, a person who is the owner or master of a ship may operate the ship in a marine zone if the ship is owned and operated by either of the following entities and is being operated in the course of the entity’s rescue, lifesaving or emergency activities—

(a) a volunteer marine rescue association or a surf lifesaving association accredited by the emergency services department;

(b) the emergency services department.

s 222A ins 2005 SL No. 121 s 30 sub 2009 SL No. 46 s 6 222B Proposal for marine zone (1) A government entity or a local government (a proposing entity) may give the general manager a proposal for an area (a proposed area) to be a marine zone under section 222A. (2) The proposal must be in the approved form. (3) The approved form may require the proposing entity to include any of the following information in the proposal—

(a) a description of the proposed area, including details of the boundaries of the proposed area and a map or chart showing its locality;

(b) the requirements to be placed on the operation of a ship in the proposed area;

(d) who the proposing entity has consulted, the nature of the consultation and the results of the consultation.

s 222B ins 2005 SL No. 121 s 30 222C Consultation for marine zone (1) Before a proposing entity gives the general manager a proposal under section 222B in relation to a proposed area, the proposing entity must—

(a) consult about the proposal with—

(i) the harbour master for the proposed area; and

(ii) each person carrying on an established business in the proposed area; and

(iii) if the proposing entity is a government entity—the local government for the proposed area; and

(b) publish, at least once in a newspaper circulating generally in the proposed area, a notice stating—

(i) a description of the proposed area, including details of the boundaries of the area and a map or chart showing its locality; and

(ii) the requirements to be placed on the operation of a ship in the proposed area; and

(iii) why the proposed area should be a marine zone; and

(iv) that any person may make written submissions about the proposal; and

(v) the period during which submissions may be made; and

(vi) the requirements for properly making a submission; and

(vii) a contact telephone number for information about the proposal or making a submission.

(2) The consultation period must be for at least 28 days after notice is first published under subsection (1) (b). s 222C ins 2005 SL No. 121 s 30 Part 10 Miscellaneous Division 1 Fees and charges 223 Fees and charges The fees and charges payable under the Act are stated in schedule 10. s 223 amd 2014 SL No. 61 s 22 224 Refund of fees if application is refused (1) Subsection (2) applies if the chief executive refuses an application for any of the following—

(a) the registration of a recreational ship;

(b) a recreational marine driver licence or personal watercraft licence;

(d) the transfer of the registration of a recreational ship.

(2) The chief executive must refund the fees paid by the applicant in relation to the application, other than the chief executive’s reasonable costs of assessing the application. (3) Subsection (4) applies if the general manager refuses an application for any of the following—

(a) an authority in relation to a commercial or fishing ship;

(b) the renewal or amendment of an authority in relation to a commercial or fishing ship;

(4) The general manager must refund the fees paid by the applicant in relation to the application, other than the general manager’s reasonable costs of assessing the application. s 224 amd 2010 SL No. 189 s 24 225 Refund of fees if ship’s registration is surrendered (1) This section applies if, under section 172—

(a) the chief executive receives a surrender of a recreational ship’s 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 in schedule 10. 225A Waiver of additional application fee for application for training approval The chief executive or the general manager may waive the payment of an additional application fee payable under schedule 10, section 17 for a person. s 225A ins 2007 SL No. 307 s 4 225B Refund of fees relating to additional application fee for application for training approval (1) This section applies if the number of persons in relation to whom an additional application fee has been paid under schedule 10, section 17 (the proposed number) is more than the number of persons about whom the chief executive or the general manager asks the commissioner of the police service for a written report about the person’s criminal history (the actual number). (2) The difference between the proposed number and the actual number multiplied by the amount of the fee payable under schedule 10, section 17 (3) (a) must be refunded to the applicant. s 225B ins 2007 SL No. 307 s 4 Division 2 Production of authorities or documents 226 Shipping inspector may allow authority or document to be produced elsewhere (1) This section applies if a shipping inspector—

(a) boards a ship under section 165 (1) of the Act, to find out whether the Act is being complied with; and

(b) requires, under section 175 (1) of the Act, a person to produce an issued authority that is a licence, or a document, that is required to be kept by the person under section 170 of this regulation; and

(2) The shipping inspector may allow the person to produce the licence or document within a stated time, not being more than 48 hours after the requirement is made, to the officer in charge of an office stated by the inspector. (3) In this section— office means—

(a) an office of Maritime Safety Queensland; or

(b) an office of the Queensland Boating and Fisheries Patrol; or

s 226 amd 2009 SL No. 299 s 18 Division 3 Signs div 3 (s 226A) ins 2005 SL No. 121 s 31 226A Interfering with sign (1) This section applies if a government entity or a local government erects a sign in or near—

(a) waters to which section 221 applies; or

(b) a marine zone listed in schedule 14A.

(2) A person must not interfere with the sign unless the person has a reasonable excuse. Maximum penalty—200 penalty units. div 3 (s 226A) ins 2005 SL No. 121 s 31 Division 4 General div 4 (s 226B) ins 2006 SL No. 244 s 5 226B Where register of division 3 undertakings must be kept For section 183L of the Act, the place where the register of division 3 undertakings is available for public inspection is the office of the general manager. Editor’s note— The address of the general manager’s office is level 26, Mineral House, 41 George Street, Brisbane. Normal working hours are 8.30a.m. to 4.30p.m. Monday to Friday. div 4 (s 226B) ins 2006 SL No. 244 s 5 227 Safety equipment for ships under a standard practice instruction s 227 om 2009 SL No. 57 s 13 Part 11 Transitional provisions Division 1 Matters relevant to former Act 228 Design and construction of ships under a standard practice instruction (1) This section applies if—

(a) a commercial ship or fishing ship—

(i) was the subject of an application mentioned in the expired section 196 of the 1995 regulation for the survey and registration of the ship under the 1987 regulation; or

(ii) was built and operating immediately before 1 January 1996; and

(b) a standard practice instruction given by the former board under the former Act about the design or construction of ships applied to the ship; and

(c) there is an inconsistency between the instruction and a standard about the design or construction of ships that applies to the ship under this regulation; and

(d) the ship is designed or constructed as required under the standard if read subject to the instruction.

(2) The ship is taken to comply with the standard. 229 Licensing exceptions—particular commercial ships less than 35m s 229 amd 2008 SL No. 230 s 10 exp 16 August 2009 (see s 229 (4)) Division 2 Transition to particular provisions 230 Insurance by accredited persons (1) This section applies if, at the commencement of this section, an accredited person holds a product liability policy that complies with section 31 of the 1995 regulation. (2) While the policy remains in force, the accredited person is taken to comply with section 51. (3) However, if the accredited person has not complied with section 31 (1) (b) of the 1995 regulation, the person must give the general manager a copy of the certificate of insurance or renewal of the policy. (4) Also, subsection (2) only applies until the next renewal of the policy is due. 231 Capacity labels Section 77 does not apply to a person who is the owner or master of a registrable recreational ship until 1 September 2005. 232 Application of Act, pt 5, div 3 (1) This section applies despite anything in section 84 (2) (f). (2) Part 5, division 3 of the Act does not apply until 1 September 2005 to a recreational ship that—

(a) is powered by an engine of 4.5kW or less; or

(b) is not capable of a speed greater than 10kn; or

233 Crew to complete safety course Section 110 does not apply to a person who is part of the crew of a commercial or fishing ship, or to a person who is the owner or master of a commercial or fishing ship, until 1 September 2006. s 233 amd 2005 SL No. 121 s 32 Division 3 Transition from 1995 regulation generally 234 Continuation of authorities under 1995 regulation (1) This section applies to an authority that—

(a) was issued by the chief executive under the 1995 regulation; and

(b) is in force immediately before the commencement of this section.

(2) The authority continues to have effect as an authority under this regulation. 235 Applications for authorities under 1995 regulation (1) This section applies if—

(a) an application was made to the chief executive for an authority under the 1995 regulation; and

(b) the application was not finally decided by the chief executive before the commencement of this section.

(2) The application continues to have effect as an application under this regulation. 236 References to 1995 regulation In an Act or document, a reference to the 1995 regulation may, if the context permits, be taken to be a reference to this regulation. 236A Transitional provision for the Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (No. 1) 2005—pilotage fees s 236A ins 2005 SL No. 50 s 12 exp 30 June 2007 (see s 236A (7)) Division 4 Other transitional provisions div hdg ins 2005 SL No. 50 s 12 236B Transitional provision for the Transport Operations (Marine Safety—Examining and Training Program Approvals (Recreational Ships and Personal Watercraft)) Standard 2005 (1) Despite the 2005 standard, the Transport Operations (Marine Safety—Recreational Marine Driver Licence Approvals) Interim Standard (No. 2) 2005 as in force immediately before its repeal continues to apply to the following entities after its repeal—

(a) an entity that, before 1 January 2006, has an approval;

(b) an entity that, before 1 January 2006, has applied for an approval or renewal of an approval under section 156.

(2) However, an entity under subsection (1) applying for renewal of an approval under section 156 on or after 1 January 2006 must satisfy the general manager that the entity qualifies for renewal under the 2005 standard. (3) In this section— 2005 standard means the Transport Operations (Marine Safety—Examining and Training Program Approvals (Recreational Ships and Personal Watercraft)) Standard 2005 . approval means—

(a) an approval of an entity to conduct examinations for issuing licences to operate recreational ships as its master under section 103; or

(b) an approval of an entity to provide training programs in the operation of recreational ships under section 104.

s 236B ins 2005 SL No. 328 s 6 amd 2009 SL No. 299 s 19 237 Transitional provision for the Transport Operations (Marine Safety—Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006 (1) The interim standard as in force immediately before its repeal continues to apply to the following—

(a) a person who, immediately before 1 March 2006, was accredited as a ship designer, ship builder or marine surveyor and the person’s accreditation;

(b) a person whose accreditation application or renewal application, made before 1 March 2006, had not been finally dealt with before that day and the person’s accreditation application or renewal application;

(c) a person who, before 1 March 2006, started a course of study at an educational institution for a qualification, or an apprenticeship to qualify, for accreditation as a ship designer, ship builder or marine surveyor and an accreditation application made by the person after that day.

(2) If, on or after 1 March 2006, a person mentioned in subsection (1) makes a renewal application—

(a) the 2006 standard, other than sections 7, 8 and 9, applies in relation to the renewal application; and

(b) the person must satisfy the general manager that the person qualifies for renewal under the remaining provisions of the 2006 standard.

(3) Subsections (1) and (2) apply despite the 2006 standard. (4) In this section— 2006 standard means the Transport Operations (Marine Safety—Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006 . accreditation application means an application for accreditation under section 44 as a ship designer, ship builder or marine surveyor. interim standard means the Transport Operations (Marine Safety—Qualifications for Accreditation for Ship Designers, Ship Builders and Marine Surveyors) Interim Standard (No. 2) 2005 . renewal application means an application under section 156 for renewal of accreditation as a ship designer, ship builder or marine surveyor. s 237 prev s 237 om 2006 SL No. 20 s 10 pres s 237 ins 2006 SL No. 20 s 11 238 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 4) 2007 (1) This section applies to a ship if—

(a) the ship may carry more than 12 passengers under the ship’s registration certificate; and

(b) the ship’s advertised port visit program and fares for carrying individual passengers, for a period (the advertised period) after the commencement of this section, was publicly available before 7 June 2007; and

(c) the ship’s port visit program includes more than 6 movements of the ship in any Queensland pilotage area during the advertised period.

(2) The general manager may, on written application by the owner or master of the ship, give an exemption from the payment of pilotage fees for the ship to the extent that the pilotage fees are calculated or decided under section 193 or schedule 10. (3) The general manager may only give the exemption for the ship if the general manager is satisfied about the matters mentioned in subsection (1) in relation to the ship. (4) The exemption applies in relation to movements of the ship on and after 1 November 2007 until the earlier of the following—

(a) the end of the advertised period;

(b) 30 June 2008.

(5) The pilotage fee for the services of a pilot, for a movement of the ship in a pilotage area during the period of the exemption, is the pilotage fee that would have been payable for the movement of the ship had it happened immediately before the commencement of this section. s 238 ins 2007 SL No. 248 s 4 239 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 3) 2008 (1) Despite the amendment of section 84 (2) by the amending regulation, part 5, division 3 of the Act does not apply until 1 August 2009 to a ship that is—

(a) a fishing ship less than 10m or a recreational ship; and

(b) operated by a certificate holder.

(2) Despite the amendment of section 87 (2) (a) (ii) by the amending regulation, section 87 as in force immediately before the commencement continues to apply until 31 July 2009 in relation to a certificate holder. (3) Despite the amendment of section 99A (a) by the amending regulation, section 99A as in force immediately before the commencement continues to apply until 31 July 2009 in relation to a certificate holder. (4) A certificate holder is exempt from paying the fee for a coxswain licence stated in schedule 10, section 12 (2) (d) if the person applies for the licence before 1 August 2009. (5) In this section— amending regulation means the Transport Operations (Marine Safety) Amendment Regulation (No. 3) 2008 . certificate means a certificate to operate a fishing ship less than 10m issued by the Queensland Fishing Industry Training Council or the Queensland Seafood Industry Association Inc. certificate holder means a person who—

(a) at the commencement, holds a current certificate to operate a fishing ship less than 10m issued by the Queensland Fishing Industry Training Council or the Queensland Seafood Industry Association Inc; or

(b) before the commencement, had started a training course for a certificate, but was not issued with a certificate until after the commencement.

commencement means the commencement of this section. s 239 ins 2008 SL No. 243 s 8 240 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 5) 2008 (1) This section applies if—

(a) a form was approved by the chief executive for use for the making of a report under section 140 (2) before the commencement of this section; and

(b) the form was in force immediately before the commencement of this section; and

(c) but for the commencement of this section, a report under section 140 (2) would be required to be made under the DGTrac system.

(2) A person who is the owner or the master of a ship mentioned in section 140 (1) (a) or (b) may continue to use the approved form mentioned in section 140 (2) and make a report of the matters mentioned in section 140 (2) (b) in the way required under section 140 for a period of 3 months from the commencement of this section. s 240 ins 2008 SL No. 399 s 4 241 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2009—lifesaving appliances (1) This section applies if, immediately before the commencement—

(a) a commercial ship was equipped with the lifesaving appliances required under old section 13; or

(b) a fishing ship was equipped with the lifesaving appliances required under old section 23.

(2) This section also applies if—

(a) before the commencement—

(i) a commercial ship had not been operated; and

(ii) either—

(A) an application for a design approval certificate for the ship had been given to the general manager; or

(B) a certificate of compliance for the design of the ship had been issued by an accredited ship designer; or

(b) before the commencement—

(i) a fishing ship had not been operated; and

(ii) either—

(A) an application for a design approval certificate for the ship had been given to the general manager; or

(B) a certificate of compliance for the design of the ship had been issued by an accredited ship designer.

(3) While a commercial ship to which this section applies is equipped with the lifesaving appliances required under old section 13, a person who is the owner or master of the ship need not comply with section 13 for the ship until 2 years after the commencement. (4) While a fishing ship to which this section applies is equipped with the lifesaving appliances required under old section 23, a person who is the owner or master of the ship need not comply with section 23 for the ship until 2 years after the commencement. (5) However, if within 2 years after the commencement—

(a) any of the lifesaving appliances required under old section 13 needs replacing for a reason stated in subsection (6), the replacement lifesaving appliance must comply with section 13; or

(b) any of the lifesaving appliances required under old section 23 needs replacing for a reason stated in subsection (6), the replacement lifesaving appliance must comply with section 23.

(6) The reasons for the replacement of a lifesaving appliance are—

(a) the lifesaving appliance is irreparable; or

(b) the lifesaving appliance is unserviceable; or

(d) the lifesaving appliance has reached the end of its service life as stated by its manufacturer.

(7) In this section— commencement means the commencement of this section. old section 13 means section 13 as in force immediately before the commencement. old section 23 means section 23 as in force immediately before the commencement. s 241 ins 2009 SL No. 57 s 14 242 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 2) 2009—safety equipment complying with USL code, s 10, pts 1, 2 and 4 (1) This section applies if, immediately before the commencement—

(a) a commercial ship was equipped with safety equipment (old section 19 compliant safety equipment) complying with old section 19 to the extent that it required compliance with the USL code, section 10, parts 1, 2 and 4; or

(b) a fishing ship was equipped with safety equipment (old section 26 compliant safety equipment) complying with old section 26 to the extent that it required compliance with the USL code, section 10, parts 1, 2 and 4.

(2) This section also applies if—

(a) before the commencement—

(i) a commercial ship had not been operated; and

(ii) either—

(A) an application for a design approval certificate for the ship had been given to the general manager; or

(B) a certificate of compliance for the design of the ship had been issued by an accredited ship designer; or

(b) before the commencement—

(i) a fishing ship had not been operated; and

(ii) either—

(A) an application for a design approval certificate for the ship had been given to the general manager; or

(B) a certificate of compliance for the design of the ship had been issued by an accredited ship designer.

(3) While a commercial ship to which this section applies is equipped with old section 19 compliant safety equipment, a person who is the owner or master of the ship need not comply with section 19A for the ship until 5 years after the commencement. (4) While a fishing ship to which this section applies is equipped with old section 26 compliant safety equipment, a person who is the owner or master of the ship need not comply with section 26 for the ship until 5 years after the commencement. (5) However, if within 5 years after the commencement—

(a) any of the old section 19 compliant safety equipment needs replacing for a reason stated in subsection (6), the replacement safety equipment must comply with section 19A; or

(b) any of the old section 26 compliant safety equipment needs replacing for a reason stated in subsection (6), the replacement safety equipment must comply with section 26.

(6) The reasons for the replacement of safety equipment are—

(a) the safety equipment is irreparable; or

(b) the safety equipment is unserviceable; or

(d) the safety equipment has reached the end of its service life as stated by its manufacturer.

(7) In this section— commencement means the commencement of this section. old section 19 means section 19 as in force immediately before the commencement. old section 26 means section 26 as in force immediately before the commencement. s 242 ins 2009 SL No. 57 s 14 243 Transitional provision for Transport Legislation Amendment Regulation (No. 1) 2010—pilotage fees (1) This section applies to a ship if—

(a) the ship may carry more than 12 passengers under the ship’s registration certificate; and

(b) the ship’s advertised program of port visits and fares for carrying individual passengers, for a period (the advertised period) after the commencement of this section, was publicly available before 9 November 2009; and

(c) the ship’s program of port visits includes more than 6 movements of the ship in any Queensland pilotage area during the advertised period.

(2) The general manager may, on written application by the owner or master of the ship, give an exemption from the payment of pilotage fees for the ship to the extent that the pilotage fees are calculated or decided under section 193 or schedule 10. (3) The general manager may give the exemption for the ship only if the general manager is satisfied about the matters mentioned in subsection (1) in relation to the ship. (4) The exemption applies in relation to movements of the ship on and after 1 April 2010 until the earlier of the end of either of the following—

(a) the advertised period;

(b) 30 September 2010.

(5) The pilotage fee for the services of a pilot, for a movement of the ship in a pilotage area during the period of the exemption, is the pilotage fee that would have been payable for the movement of the ship had it happened immediately before the commencement of this section. s 243 ins 2010 SL No. 23 s 7 244 Transitional provision for Gold Coast Waterways Authority Regulation 2012—buoy mooring approval (1) This section applies to an approval for the establishment of a buoy mooring given by the general manager under the previous approval provision if—

(a) the buoy mooring is established in Gold Coast waters; and

(b) the approval is in effect immediately before the commencement.

(2) The approval is taken to have been given by the Gold Coast Waterways Authority under section 209. (3) In this section— commencement means the commencement of this section. previous approval provision means section 209 as in force immediately before the commencement. s 244 ins 2012 SL No. 232 s 32 245 Transitional provision for Gold Coast Waterways Authority Regulation 2012—aquatic event consent (1) This section applies to consent for the holding of an aquatic event given by the general manager under the previous consent provision if—

(a) the event is to be held wholly within Gold Coast waters; and

(b) the consent is in effect immediately before the commencement.

(2) The consent is taken to have been given by the Gold Coast Waterways Authority under section 218. (3) In this section— commencement means the commencement of this section. previous consent provision means section 218 as in force immediately before the commencement. s 245 ins 2012 SL No. 232 s 32 Schedule 1 Standards section 7

1 AS 1499—1996 (Personal flotation devices—Type 2)

2 AS 1512—1996 (Personal flotation devices—Type 1)

3 AS 1799 (Small Pleasure Boats Code)

• AS 1799.1—1992 (General requirements for power boats)

4 AS/NZS 1850—1997 (Portable fire extinguishers—Classification, rating and performance testing)

5 AS 1851—2005 (Maintenance of fire protection systems and equipment)

6 AS 2092—2004 (Pyrotechnic, marine distress flares and signals for pleasure craft)

7 AS 2260—1996 (Personal flotation devices—Type 3)

8 AS 2444—1995 (Portable fire extinguishers and fire blankets—Selection and location)

9 AS 3846—2005 (The handling and transport of dangerous cargoes in port areas)

10 AS/NZS 4280.1:2003 (406 MHz satellite distress beacons—Marine emergency position-indicating radio beacons (EPIRB))

11 AS 4758—2008 (Personal flotation devices—General requirements)

12 BS EN 12628:1999 (Diving accessories. Combined buoyancy and rescue devices. Functional and safety requirements, test methods)

13 ISO 6185 (Inflatable boats) Editor’s note— For information about the availability of these standards see the MSQ website.

sch 1 amd 2006 SL No. 20 s 12; 2006 SL No. 238 s 5; 2006 SL No. 289 s 44 sch; 2008 SL No. 108 s 5; 2009 SL No. 299 s 20; 2011 SL No. 274 s 17 Schedule 2 Classes of ships section 63 Part 1 Commercial ships Class 1 passenger ships

• class 1A—seagoing passenger ship for use in all operational areas up to, and including, unlimited operations

• class 1B—seagoing passenger ship for use in all operational areas up to, and including, offshore operations

• class 1C—seagoing passenger ship for use in all operational areas up to, and including, restricted offshore operations

• class 1D—sheltered waters passenger ship for operations in partially smooth waters and smooth waters only

• class 1E—sheltered waters passenger ship for use in smooth waters only

• class 1F—hire and drive ship

Class 2 non-passenger ships

• class 2A—seagoing non-passenger ship for use in all operational areas up to, and including, unlimited operations

• class 2B—seagoing non-passenger ship for use in all operational areas up to, and including, offshore operations

• class 2C—seagoing non-passenger ship for use in all operational areas up to, and including, restricted offshore operations

• class 2D—sheltered waters non-passenger ship for operations in partially smooth waters and smooth waters only

• class 2E—sheltered waters non-passenger ship for use in smooth waters only

Part 2 Fishing ships Class 3 fishing ships

• class 3A—seagoing fishing ship for use in all operational areas up to, and including, unlimited operations but does not include a ship on a voyage to or from a country other than Australia

• class 3B—seagoing fishing ship for use in all operational areas up to, and including, offshore operations

• class 3C—seagoing fishing ship for use in all operational areas up to, and including, restricted offshore operations

• class 3D—sheltered waters fishing ship for operations in partially smooth waters and smooth waters only

• class 3E—sheltered waters fishing ship for use in smooth waters only

Schedule 3 Classes of licences sections 97 and 98 Column 1 Licences Column 2 Certificates under USL code 1 licences (commercial ships) certificates (commercial ships) • master class 3 • master class 3 • master class 4 • master class 4 • mate class 4 • mate class 4 • master class 5 • master class 5 2 licences (fishing ships) certificates (fishing ships) • skipper grade 1 • skipper grade 1 • skipper grade 2 • skipper grade 2 • skipper grade 3 • skipper grade 3 3 licences (commercial or fishing ships) certificates (commercial or fishing ships) • coxswain • coxswain • engineer class 3 • engineer class 3 • marine engine driver grade 1 (MED grade 1) • marine engine driver grade 1 (MED grade 1) • marine engine driver grade 2 (MED grade 2) • marine engine driver grade 2 (MED grade 2) • marine engine driver grade 3 (MED grade 3) • marine engine driver grade 3 (MED grade 3) 4 licence (recreational ships) • recreational marine driver 5 pilot licences • pilot • probationary pilot 6 licence (wing in ground effect craft) • wing in ground effect craft operator licence 7 licence (personal watercraft) • personal watercraft licence

sch 3 amd 2005 SL No. 121 s 33 Schedule 4 Matters about which records to be kept section 134 Part 1 Matters about which records for relevant commercial ships to be kept 1 General

• bunkering or refuelling operations

• crew training in emergency procedures

• departure and arrival times

• licences held by crew members

• names of master and crew and the duties performed onboard by each of them

• passenger safety briefings

• radio communication with shore stations or other ships

• recreational use of the ship

• safety equipment tests, servicing, repairs and replacements, accidents, incidents and discharges of oily bilges

• stability information for loading of ships

• testing of machinery, steering gear, navigation and communication equipment

• verification of passenger numbers

2 Maintenance

• machinery service checks

• practical tests of repaired equipment

• propulsion, steering, pumping, cargo, equipment repairs and modifications

• slipping periods and repair work carried out

Part 2 Certificates and other documents for relevant commercial ships to be kept

• accredited ship builder, ship designer or marine surveyor certificate of compliance

• copy of a notice giving an exemption under section 18A of the Act

• electrical inspection statement

• fire extinguishing equipment service certificate

• gas examiner’s certificate

• inflatable life raft certificate

• load line certificate

• machinery space fixed fire smothering inspection statement

• positive flotation statement for tenders

• rigging certificate for sailing ships

• shipping inspector’s record of inspection

• ship survey checklist

• survey report

Part 3 Matters about which records for relevant fishing ships to be kept 1 General

• bunkering or refuelling operations

• crew training in emergency procedures

• departure and arrival times

• radio communication with shore stations or other ships

• recreational use of the ship

• safety equipment tests, servicing, repairs and replacements, accidents, incidents and discharge of oily bilges

• testing of machinery, steering gear, navigation and communication equipment

2 Maintenance

• machinery service checks

• practical tests of repaired equipment

• propulsion, steering, pumping, equipment repairs and modifications

• slipping periods and repair work carried out

• trawl equipment, test, repairs and replacements

Part 4 Certificates and other documents for relevant fishing ships to be kept

• accredited ship builder, ship designer or marine surveyor certificate of compliance

• copy of a notice giving an exemption under section 18A of the Act

• electrical inspection statement

• fire extinguishing equipment service certificate

• gas examiner’s certificate

• inflatable life raft certificate

• machinery space fixed fire smothering inspection statement

• shipping inspector’s record of inspection

• ship survey checklist

• survey report

sch 4 amd 2009 SL No. 299 s 21 Schedule 4A Application of part 6, divisions 2 to 6 to marine licences section 174B Division 2 How marine licence or marine licence indicator is obtained div hdg ins 2010 SL No. 189 s 25 149 Making the application (1) A person may apply to the administering agency for a marine licence or a marine licence indicator. (2) The application must—

(a) be in the approved form; and

(b) be supported by enough information to enable the administering agency to decide the application; and

s 149 ins 2010 SL No. 189 s 25 150 Administering agency to decide application within 30 days (1) The administering agency must decide each application for a marine licence or a marine licence indicator within 30 days after the application is made. (2) However, if within the 30 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 30 days after the further information is given to the administering agency. Note— See the Transport Planning and Coordination Act 1994 , section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. (3) (omitted) (4) (omitted) s 150 ins 2010 SL No. 189 s 25 amd 2015 SL No. 162 s 8 151 Giving of marine licence indicator if application granted (1) If the administering agency decides to grant an application for a marine licence or a marine licence indicator, the administering agency must, within 30 days after making the decision to grant the application, give to the applicant a marine licence indicator. (2) (omitted) (3) The marine licence indicator must state whether the marine licence is subject to any condition under section 155 . s 151 ins 2010 SL No. 189 s 25 152 Term of marine licence and smartcard marine licence indicator (1) (omitted) (2) The term of a marine licence is unlimited (words omitted). (3) However, the term of a smartcard marine licence indicator given under the Act is up to 10 years. s 152 ins 2010 SL No. 189 s 25 153 (omitted) 154 Refusal of application for marine licence or marine licence indicator (1) If the administering agency decides to refuse an application for a marine licence or a marine licence indicator, the administering agency must give the applicant written notice of the decision within 14 days after making the decision. (2) Without limiting subsection (1), the administering agency may refuse an application for a marine licence 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

(d) the applicant has not paid fees payable under the Act; or

(e) (omitted)

(2A) Also, the administering agency may refuse an application for a marine licence or a marine licence indicator if the administering agency is not satisfied—

(a) with the applicant’s identification for the licence or indicator; or

(b) for a smartcard marine licence indicator—that the applicant is the holder of a current marine licence.

(3) The notice must state—

(a) the reasons for the refusal; and

(b) the prescribed review information for the decision.

s 154 ins 2010 SL No. 189 s 25 amd 2012 SL No. 204 s 11 (1) 155 Grant of marine licence on conditions (1) The administering agency may grant an application for a marine licence on conditions the administering agency considers reasonable and relevant. (2) If the administering agency imposes a condition on a marine licence, the administering agency must give the holder of the marine licence written notice of the condition. (3) If the administering agency imposes a condition on a marine licence, the holder of the marine licence must not operate a ship in contravention of the condition. Maximum penalty—20 penalty units. s 155 ins 2010 SL No. 189 s 25 Division 3 Renewal of smartcard marine licence indicator div hdg ins 2010 SL No. 189 s 25 156 Renewal of smartcard marine licence indicator (1) The holder of a marine licence may apply for the renewal of a smartcard marine licence indicator 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) (omitted)
(3) A smartcard marine licence indicator given under the Act may be renewed for a term of up to 10 years. s 156 ins 2010 SL No. 189 s 25 157 Div 2 applies to application for renewal (1) Division 2 applies to an application for renewal of a smartcard marine licence indicator in the same way it applies to an application for a marine licence. (2) However, the administering agency may also refuse an application for renewal of a smartcard marine licence indicator if—
(a) the smartcard marine licence indicator was issued in error or because of a document or representation that—
(i) was false or misleading; or

(ii) was obtained or made in another improper way; or

(b) (omitted)

(c) (omitted).
s 157 ins 2010 SL No. 189 s 25 amd 2012 SL No. 204 s 11 (2) Division 4 Amendment of marine licence div 4 (ss 158–162) ins 2010 SL No. 189 s 25 158 Amendment of marine licence at holder’s request (1) The holder of a marine licence may apply to the administering agency for an amendment of the marine licence. (2) The application for an amendment must—
(a) be made to the administering agency in writing; and

(b) be supported by enough information to enable the administering agency to decide the application; and

(c) (omitted)

(d) be accompanied by the marine licence indicator, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.
Note— See the Transport Planning and Coordination Act 1994 , section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. div 4 (ss 158–162) ins 2010 SL No. 189 s 25 amd 2015 SL No. 162 s 9 159 Div 2 applies to application for amendment Division 2 applies to an application for an amendment of a marine licence in the same way it applies to an application for a marine licence. div 4 (ss 158–162) ins 2010 SL No. 189 s 25 160 Amendment of marine licence on administering agency’s initiative (1) The administering agency may amend a marine licence at any time if—
(a) the holder of the marine licence agrees to the amendment; or

(b) the administering agency considers it necessary or desirable (word omitted)—
(i) because the holder has contravened the Act or this regulation; or

(ii) because the marine licence was granted because of a materially false or misleading representation or declaration, made either orally or in writing; or

(iii) to ensure marine safety. Example for subparagraph (iii)— The administering agency considers it necessary or desirable to impose a condition on the marine licence because of the holder’s medical condition.
(2) If the administering agency considers it necessary or desirable to amend a marine licence for a reason mentioned in subsection (1) (b) , the administering agency must give the holder a written notice under this section. (3) The notice must state the following—
(a) the proposed amendment;

(b) the grounds for the proposed amendment;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) an invitation to the holder to show within a stated time, which must be at least 30 days, why the marine licence should not be amended;

(e) the period, which must be at least 30 days after the notice is given to the holder, within which the representations may be made.
(4) If, after considering all written representations made within the stated time, the administering agency still considers the amendment is necessary or desirable, the administering agency may amend the marine licence. Note— Part 16 of the Act provides for appeals. (5) If the administering agency does not consider the amendment is necessary or desirable, the administering agency must give the holder written notice of the decision within 14 days after making the decision. div 4 (ss 158–162) ins 2010 SL No. 189 s 25 161 When amendment of marine licence takes effect If the administering agency amends a marine licence, the amendment takes effect from—
(a) the day the marine licence is amended; or

(b) if the administering agency provided for a later day when granting or deciding the amendment, the later day.
div 4 (ss 158–162) ins 2010 SL No. 189 s 25 162 Marine licence indicator to be returned (words omitted) after amendment of marine licence or for correction (1) The administering agency may, by written notice, ask the holder of a marine licence to return the marine licence indicator to the administering agency within a stated time, of at least 30 days, to allow the administering agency to alter or replace the marine licence indicator—
(a) to reflect an amendment made to the marine licence; or

(b) to correct information on the marine licence indicator, if the administering agency reasonably believes the error was caused by the administering agency.
(2) The holder must comply with the notice, unless the holder has a reasonable excuse. Example of reasonable excuse— The smartcard marine licence indicator has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. (3) After receiving the marine licence indicator, the administering agency must—
(a) alter the marine licence indicator and return it to the holder; or

(b) give the holder a replacement marine licence indicator.
(3A) If the marine licence indicator required alteration for the reason mentioned in subsection (1) (a), the altered or replaced marine licence indicator must reflect the amendment made to the marine licence. (3B) If the marine licence indicator required alteration for the reason mentioned in subsection (1) (b), the altered or replaced marine licence indicator must state the correct information. (4) The amendment of a marine licence by the administering agency does not depend on the marine licence indicator being altered or replaced under this section. div 4 (ss 158–162) ins 2010 SL No. 189 s 25 Division 5 Suspension and cancellation of marine licences div hdg ins 2010 SL No. 189 s 25 163 Grounds for suspension or cancellation of marine licences The administering agency may suspend or cancel a marine licence on any of the following grounds—
(a) the holder has contravened marine safety legislation;

(b) the marine licence was issued in error or because of a document or representation that—
(i) was false or misleading; or

(ii) was obtained or made in another improper way;

(c) the holder has not complied with a condition of the marine licence;

(d) the holder has been convicted of—
(i) an indictable offence; or

(ii) (words omitted) an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 or 80;

(e) the holder has not paid fees payable under the Act;

(f) (omitted)

(g) the administering agency is no longer satisfied with the holder’s identification for the marine licence.
s 163 ins 2010 SL No. 189 s 25 amd 2012 SL No. 204 s 11 (3)–(4) 164 Procedure for suspension or cancellation (1) If the administering agency considers a ground exists to suspend or cancel a marine licence (the proposed action), the administering agency may give the holder of the marine licence a written notice stating the following—
(a) the proposed action;

(b) the grounds for the proposed action;

(c) an outline of the facts and circumstances forming the basis for the grounds;

(d) if the proposed action is to suspend the marine licence, the proposed suspension term;

(e) an invitation to the holder to show within a stated time, which must be at least 30 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 marine licence for a stated term—suspend the marine licence for not longer than the proposed suspension term; or

(b) if the proposed action was to cancel the marine licence—cancel the marine licence 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 14 days after the administering agency makes the decision. (5) If the administering agency decides to suspend or cancel the marine licence, the notice must state—
(a) the reasons for the decision; and

(b) the prescribed review information for the decision.
(6) The decision takes effect on the later of the following—
(a) the day when the notice is given to the holder;

(b) the day of effect stated in the notice.
(7) However, if the marine licence 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

(b) the suspension or cancellation has no effect if the conviction is quashed on appeal.
s 164 ins 2010 SL No. 189 s 25 165 Action by general manager after marine incident (1) This section applies to a person or ship involved in a marine incident if the general manager has required a shipping inspector to investigate the marine incident under section 126 of the Act. (2) The general manager may, by signed notice given to the person, (words omitted) suspend or amend the person’s marine licence. (3) The notice must state each of the following—
(a) the grounds for suspension or amendment;

(b) an outline of the facts and circumstances forming the basis of the general manager’s decision;

(c) if the notice suspends the marine licence—the suspension term, which must be reasonable in the circumstances but not longer than 6 months;

(d) if the notice amends the marine licence—the way the marine licence is amended and for how long the amendment is to be in effect;

(e) that the holder of the marine licence may—
(i) under section 203B of the Act—ask for the decision to be reviewed by the general manager; and

(ii) under the Transport Planning and Coordination Act 1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and

(iii) under section 203C of the Act—ask for the general manager’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(iv) under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.
(4) The suspension or amendment takes effect on the later of the following—
(a) the day on which the notice is given;

(b) the day specified in the notice.
(5) This section does not limit section 164. s 165 ins 2010 SL No. 189 s 25 166 Extension of term of suspension or amendment after marine incident (1) This section applies if the general manager suspends or amends, under section 165 (2), a marine licence after a marine incident. (2) If, within 14 days after the general manager has considered a shipping inspector’s report about the marine incident, a board of inquiry is not established, but the general manager has given a notice under section 164 (1) to the holder of the marine licence before its suspension or amendment under section 165 ends, the suspension or amendment of the marine licence continues until the general manager informs the holder of the general manager’s decision about the notice under section 164 (3). (3) However, if a board of inquiry has been established within 14 days after the general manager has considered an inspector’s report about the marine incident, the general manager may, by signed notice given to the holder of the marine licence suspended or amended under section 165, extend the term of the suspension or amendment of the marine licence until 7 days after the board has given the Minister its report under section 132 of the Act. (4) If a notice under section 164 (1) has been given to the holder of the marine licence within 7 days after the board has given the Minister its report, the suspension or amendment of the marine licence under section 165 continues until the general manager informs the holder of the general manager’s decision about the notice under section 164 (3). (5) If, within 14 days after the general manager has considered an inspector’s report about the marine incident, a board of inquiry has not been established and the general manager has not given a notice under section 164 (1) to the holder of the marine licence, the suspension or amendment of the marine licence under section 165 ends and the general manager must notify the holder of the marine licence accordingly. s 166 ins 2010 SL No. 189 s 25 167 (omitted) 168 When smartcard marine licence indicator is required to be returned after marine licence suspended or cancelled (1) A person whose marine licence is (words omitted) cancelled by the administering agency must return the smartcard marine licence indicator to the administering agency within 7 days after the (words omitted) cancellation takes effect, unless the person has a reasonable excuse. Example of reasonable excuse— The smartcard marine licence indicator has been, or the person reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. (1A) A person whose marine licence is suspended is not required to return the smartcard marine licence indicator to the administering agency. (2) (omitted) s 168 ins 2010 SL No. 189 s 25 Division 5A Particular provisions about restricted licences and licence disqualifications div 5A (ss 168A–168B) ins 2010 SL No. 189 s 25 168A Application for variation of restrictions—Act, s 202K For section 202K (4) of the Act, a written notice about an application must be—
(a) in the approved form; and

(b) given to the chief executive at the address stated in the approved form as the address for giving the notice.
div 5A (ss 168A–168B) ins 2010 SL No. 189 s 25 168B Notice about application for removal of disqualification—Act, s 202L For section 202L (4) of the Act, a written notice about an application must be—
(a) in the approved form; and

(b) given to the chief executive at the address stated in the approved form as the address for giving the notice.
div 5A (ss 168A–168B) ins 2010 SL No. 189 s 25 Division 6 Other provisions about marine licences div hdg ins 2010 SL No. 189 s 25 169 Holder to notify change of name, address or postal address (1) If the holder of a marine licence changes any of the following, the holder must, within 14 days after the change, give the administering agency written notice of the change, unless the holder has a reasonable excuse—
(a) the holder’s name or address;

(b) if there is a current postal address for the holder—the postal address.
Maximum penalty—10 penalty units. (2) If the administering agency is satisfied the information given by the holder is correct, the administering agency must give the holder—
(a) for a change of name—a replacement marine licence indicator with the holder’s new name; or

(b) for a change of address—
(i) a replacement marine licence indicator with the holder’s new address; or

(ii) for a smartcard marine licence indicator—a change of address label.
(3) On receipt of a change of address label, the holder must promptly attach the label to the back of the smartcard marine licence indicator, in the space provided for change of details labels. Maximum penalty—20 penalty units. s 169 ins 2010 SL No. 189 s 25 amd 2014 SL No. 219 s 33 (1)–(2) 169A Replacement label (1) This section applies if the holder of a marine licence becomes aware, or reasonably suspects, that a change of address label has been damaged, lost or stolen. (2) The holder must promptly apply to the administering agency for a replacement label. Maximum penalty—20 penalty units. (3) If the administering agency is satisfied the original label has been damaged, lost or stolen, the administering agency must issue a replacement label to the holder. (4) On receipt of a replacement label, the holder must promptly attach the label to the back of the smartcard marine licence indicator, in the space provided for change of details labels. Maximum penalty—20 penalty units. (5) In this section— change of address label means a label mentioned in section 169 (2) (b) (ii) . s 169A ins 2010 SL No. 189 s 25 170 Keeping of marine licence (1) (omitted) (2) The holder of a current marine licence must keep the marine licence indicator. Maximum penalty—20 penalty units. s 170 ins 2010 SL No. 189 s 25 170A Damaging or changing marine licence indicator The holder of a marine licence must not wilfully damage or otherwise change the marine licence indicator. Maximum penalty—20 penalty units. s 170A ins 2010 SL No. 189 s 25 170B Administering agency may direct superseded marine licence indicator to be destroyed (1) The administering agency may direct a person to destroy a superseded marine licence indicator. (2) The person must comply with the notice. Maximum penalty—20 penalty units. s 170B ins 2010 SL No. 189 s 25 171 Replacement of marine licence indicator (1) If the holder of a marine licence becomes aware, or reasonably suspects, the holder’s smartcard marine licence indicator given under the Act or a marine licence indicator receipt given to the holder has been damaged, lost or stolen, the holder (words omitted) may apply to the administering agency for a replacement marine licence indicator. (2) An application under this section, other than an exempt application, must—
(a) be made in the approved form; and

(b) (omitted)

(c) be supported by enough information to enable the administering agency to decide the application; and

(d) be accompanied by the marine licence indicator, unless it has been, or the holder reasonably suspects it has been, destroyed, lost or stolen.
(3) The administering agency must give the holder a replacement marine licence indicator if the administering agency is satisfied the marine licence indicator has been damaged, lost or stolen. (4) In this section— exempt application means an application for the replacement of a smartcard marine licence indicator if the administering agency is satisfied the smartcard marine licence indicator was not received by the holder because it has been lost or stolen. Note— See the Transport Planning and Coordination Act 1994 , section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the administering agency must refuse to consider an application relating to a marine licence or marine licence indicator. s 171 ins 2010 SL No. 189 s 25 amd 2014 SL No. 161 s 16; 2015 SL No. 162 s 10 171A (omitted) 172 Surrender of marine licence (1) The holder of a marine licence may surrender it by written notice given to the administering agency. (2) If a smartcard marine licence indicator has been given to the person, the notice must be accompanied by the smartcard marine licence indicator, unless the holder has a reasonable excuse. (3) The surrender of the marine licence takes effect—
(a) on the day the notice is given; or

(b) if a later day is stated in the notice—the later day.
s 172 ins 2010 SL No. 189 s 25 172A Only 1 marine licence of the same class to be held at the same time A person must not hold more than 1 marine licence of the same class at the same time. Maximum penalty—40 penalty units. s 172A ins 2010 SL No. 189 s 25 172B Form of marine licence indicator (1) This section applies if the administering agency—
(a) grants an application for a marine licence and gives a person a marine licence indicator; or

(b) grants an application for marine licence indicator or its renewal.
(2) The marine licence indicator may be in the form of—
(a) a marine licence indicator receipt; or

(b) a smartcard marine licence indicator given under the Act; or

(c) a Queensland driver licence with a marine licence indicator code on it.
(3) Subsection (2) does not limit the form of a marine licence indicator. s 172B ins 2010 SL No. 189 s 25 172C Codes on marine licence indicators including marine licence indicator receipts (1) A marine licence indicator may, by a code, show that the marine licence is subject to a condition. (2) A code mentioned in subsection (1) may be—
(a) stated on a marine licence indicator or a marine licence indicator receipt; or

(b) stored electronically on a smartcard marine licence indicator.
(3) The following codes may be used on a marine licence indicator—
• ‘N’ stated on the marine licence indicator to show that a marine licence is not subject to a condition

• ‘Y’ stated on the marine licence indicator to show that a marine licence is subject to a condition

• ‘S’ stored on the smartcard marine licence indicator to show that the holder of the marine licence may only operate a ship while wearing corrective lenses

• ‘TEXT’ stored on a smartcard marine licence indicator to show that a marine licence is subject to a condition.
s 172C ins 2010 SL No. 189 s 25 172D Expiry of smartcard marine licence indicator Unless it is sooner surrendered or cancelled, a smartcard marine licence indicator expires on the day stated on it, being a day that is not longer than 10 years after the day it is given. s 172D ins 2010 SL No. 189 s 25 172E Renewal of smartcard marine licence indicator by electronic communication (1) The holder of a smartcard marine licence indicator may apply by electronic communication for a new smartcard marine licence indicator if—
(a) the holder’s smartcard marine licence indicator is about to expire; and

(b) there are at least 5 years before the end of the shelf life, or the end of the most recent extension of the shelf life under the Transport Planning and Coordination Act 1994 , section 28EB of the holder’s most recent digital photo and most recent digitised signature; and

(c) the administering agency has given the holder written notice that the person may apply by electronic communication for a new smartcard marine licence indicator.
(2) The application must be—
(a) made in the approved form; and

(b) made before the holder’s smartcard marine licence indicator expires.
(3) In this section— most recent digital photo , of a person, see the Transport Planning and Coordination Act 1994 , section 28E. most recent digitised signature , of a person, see the Transport Planning and Coordination Act 1994 , section 28E. shelf life , of a person’s digital photo or digitised signature, see the Transport Planning and Coordination Act 1994 , section 28E. s 172E ins 2010 SL No. 189 s 25 amd 2015 SL No. 162 s 11 172F Notifiable events under other Acts (1) This section applies if the holder of a marine licence—
(a) has an obligation under the Act to notify the administering agency of a notifiable event; and

(b) has an obligation under a prescribed smartcard Act to notify the chief executive of the same notifiable event; and

(c) complies with the obligation under the prescribed smartcard Act.
(2) The obligation under the Act to notify the administering agency of a notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired. (3) In this section— notifiable event , for the holder of a marine licence, means any of the following—
(a) a change of the holder’s name;

(b) a change of the holder’s address;

(c) if there is a current postal address for the holder—a change of the postal address.
prescribed smartcard Act means any of the following Acts—
(a) the Adult Proof of Age Card Act 2008 ;

(b) the Tow Truck Act 1973 ;

(c) the Transport Operations (Passenger Transport) Act 1994 ;

(d) the Transport Operations (Road Use Management) Act 1995 .
s 172F ins 2010 SL No. 189 s 25 amd 2014 SL No. 219 s 33 (3); 2015 SL No. 162 s 12 172G Possessing another person’s smartcard marine licence indicator (1) A person must not possess another person’s smartcard marine licence indicator unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (2) A person must not give the person’s smartcard marine licence indicator to another person if the person knows, or ought reasonably to know, the other person intends to use the smartcard marine licence indicator to deceive someone. Maximum penalty—40 penalty units. (3) For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. s 172G ins 2010 SL No. 189 s 25 172H Document purporting to be smartcard marine licence indicator (1) A person must not possess a document that resembles a smartcard marine licence indicator and is calculated to deceive someone. Maximum penalty—40 penalty units. (2) A person must not give another person a document that resembles a smartcard marine licence indicator and is calculated to deceive someone. Maximum penalty—40 penalty units. (3) For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. s 172H ins 2010 SL No. 189 s 25 172I Exemption from marine licence fee for particular applicants for marine licence indicators (1) Subsection (2) applies if—
(a) on the commencement of this section, a person is the holder of a marine licence; and

(b) after the commencement of this section, the person applies to the administering agency for a smartcard marine licence indicator.
(2) The person is exempt from paying the fee mentioned in schedule 10 for a marine licence. (3) Subsection (4) applies if, after the commencement of this section—
(a) a person’s application for a marine licence is granted; and

(b) when the application is granted, the administering agency is unable to give the person a smartcard marine licence indicator.
(4) The administering agency may give the person mentioned in subsection (3) a marine licence indicator. (5) The person is exempt from paying the fee for a marine licence if the person subsequently applies for a smartcard marine licence indicator. (6) In this section— marine licence indicator does not include a Queensland driver licence with a marine licence indicator code on it. s 172I ins 2010 SL No. 189 s 25 sch 4A ins 2010 SL No. 189 s 25 Schedule 5 Pilotage areas section 175 (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 the point where latitude 27°39.90' south intersects with 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 tip of the island at approximate latitude 27º43.64' south, longitude 153º27.10' east

• then to the high-water mark on the northern tip 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 tip of the northern breakwater at the entrance to the Gold Coast Seaway

• then in an easterly direction to latitude 27°55.90' south, longitude 153°27.06' east

• then due south to latitude 27°56.10' south, longitude 153°27.06' east

• then in a westerly direction to the seaward tip of the southern breakwater at the entrance to the Gold Coast Seaway

• then by the high-water mark in a westerly direction along the northern shoreline, in a southerly direction along the western shoreline of The Spit and 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).
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 due east to longitude 153°10.06' east

• then in a south-south-easterly direction to latitude 26°49.90' south, longitude 153°15.06' east

• then in a south-easterly direction to the high-water mark on the north-eastern tip 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 tip of the island

• then to the high-water mark on the northern tip of North Stradbroke Island

• then by the high-water mark in a southerly direction along the western shoreline of North Stradbroke Island to latitude 27°39.90' 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 to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 systems from the head of navigation to the river mouth

• the waters within a 1n mile radius of 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).
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 the point where latitude 25°06.90' south intersects with the eastern shoreline of the mainland

• then generally north-easterly along the geodesic to latitude 24°44.90' south, longitude 152°45.06' east

• then east along the parallel of latitude 24°44.90' south to its intersection with the high-water mark on the western shoreline of Fraser Island

• then generally southerly along the high-water mark on the western shoreline of Fraser Island, and then generally northerly along the high-water mark on the eastern shoreline of Fraser Island to the intersection of that high-water mark with latitude 25°46.31' south

• then along the parallel of latitude 25°46.31' south to its intersection with longitude 153°05.00' east

• then south along the meridian of longitude 153°05.00' to its intersection with the high-water mark on the mainland

• then generally northerly along the high-water mark on 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).
Bundaberg pilotage area The Bundaberg pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• the Burnett River and connected waterways systems from the head of navigation to the river mouth

• the waters within a 4n mile radius of Burnett Heads lighthouse; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 23°42.91' south, longitude 151°17.66' east

• then to latitude 23°49.51' south, longitude 151°34.66' east

• then to latitude 23°56.51' south, longitude 151°34.66' east

• then to the high-water mark at the northern tip 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 tip of the island

• 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 23°38.41' 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, in an easterly direction along the southern shoreline and in a northerly direction along the eastern shoreline of Curtis Island to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 systems from the head of navigation to the river mouth

• the waters bounded by an imaginary line drawn from—
• the high-water mark at Cattle Point on the mainland to Arch Rock

• then to the high-water mark on the northern tip 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 23°38.41' south

• then due west to the high-water mark on the mainland at latitude 23°38.41' south

• then by the high-water mark in a northerly direction along the 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).
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 southern extremity of the north head of Bakers Creek entrance

• then generally north-easterly along the geodesic to latitude 21°10.76' south, longitude 149°17.73' east

• then generally north-easterly along the geodesic to latitude 21°09.91' south, longitude 149°20.06' east

• then east along the parallel to latitude 21°09.91' south, longitude 149°30.06' east

• then south along the meridian to latitude 21°17.91' south, longitude 149°30.06' east

• then west along the parallel to the intersection of the high-water mark on the mainland with latitude 21°17.91' south

• then generally northerly along the high-water mark on 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).
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 at the northern extremity of Slade Point

• then generally easterly along the geodesic to latitude 21°03.81' south, longitude 149°22.06' east

• then south along the meridian to latitude 21°09.91' south, longitude 149°22.06' east

• then west along the parallel to latitude 21°09.91' south, longitude 149°20.06' east

• then generally south-westerly along the geodesic to latitude 21°10.76' south, longitude 149°17.73' east

• then generally south-westerly along the geodesic to the intersection with the high-water mark at the southern extremity of the north head of Bakers Creek entrance

• then generally northerly along the high-water mark on 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).
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 tip 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 tip of Deloraine Island

• then along the high-water mark of the eastern shoreline of Deloraine Island to its south-eastern tip

• then to the high-water mark at the northern tip of Harold Island

• then along the high-water mark of the eastern shoreline of Harold Island to its southern tip

• then to the high-water mark at the northern tip of Jesuit Point on Maher Island

• then along the high-water mark of the western shoreline of Maher Island to its southern tip

• then to the high-water mark at the northern tip of Shaw Island

• then along the high-water mark of the western shoreline of Shaw Island to its south-western tip

• then to the southern tip of Cape Conway on the mainland

• then by the high-water mark, initially in a general north-westerly direction, 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 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 tip of Dalrymple Point

• then 286°(T) by a straight line to the port entrance beacon to Bowen Boat Harbour (latitude 20°01.34' south, longitude 148°15.39' east)

• then 303°(T) by a straight line to the intersection of the high-water mark and the northern edge of the wharf at Bowen (latitude 20°01.05' south, longitude 148°14.91' east)

• then by the high-water mark in an easterly direction along the 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).
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 147°59.07' east

• then due north to latitude 19°47.91' south, longitude 147°59.07' east

• then due east to latitude 19°47.91' south, longitude 148°08.07' east

• then in a south-easterly direction to the high-water mark at the northern tip 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 tip of the island

• then to the high-water mark on the northern tip 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 (latitude 20°01.05' south, longitude 148°14.91' east)

• then 123°(T) by a straight line to the port entrance beacon to Bowen Boat Harbour (latitude 20°01.34' south, longitude 148°15.39' east)

• then 106°(T) by a straight line to the high-water mark at the southern tip of Dalrymple Point

• then along the shoreline of the mainland at the high-water mark to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 tip of Cape Cleveland

• then to latitude 19°04.91' south, longitude 146°52.07' east

• then due west to latitude 19°04.91' south, longitude 146°45.07' east

• then due south to the high-water mark on the mainland at longitude 146°45.07' east

• then by the high-water mark along the 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).
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 at approximate latitude 18º29.11' south, longitude 146º19.50' east

• then east to latitude 18°29.11' south, longitude 146°26.07' east

• then due south to latitude 18°34.91' south, longitude 146°26.07' east

• then due west to the high-water mark on the mainland at latitude 18°34.91' south

• then by the high-water mark in a northerly direction along the eastern shoreline of the mainland to approximate latitude 18°31.41' south, longitude 146°19.87' east

• then 352°(T) by a straight line to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Mourilyan pilotage area The Mourilyan pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• the Moresby River and connected waterways systems from the head of navigation to the river mouth

• the waters within a 2n mile radius of the south-eastern tip of Goodman Point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 in a northerly direction to latitude 16° 49.875' south, longitude 145° 54.954' east

• then in a west-north-westerly direction 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 to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Port Douglas pilotage area The Port Douglas pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• Dicksons Inlet and connected waterways systems from the head of navigation to the inlet mouth

• the waters within a 1n mile radius of the northern tip of Island Point on the mainland; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Daintree River pilotage area The Daintree River pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• the Daintree River and connected waterways systems from the head of navigation to the river mouth

• the waters within a 2n mile radius of 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).
Cooktown pilotage area The Cooktown pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• the Endeavour River and connected waterways systems from the head of navigation to 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 tip of Indian Head; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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 north-eastern extremity of Point Lookout

• then in an easterly direction to latitude 14° 49.910' south, longitude 145° 15.319' east

• then in a south-easterly direction to latitude 14° 55.110' south, longitude 145° 22.158' east

• then in a southerly direction to latitude 14° 59.910' south, longitude 145° 22.962' east

• then due west to the high-water mark on the mainland at latitude 14° 59.910' south

• then by the high-water mark in a northerly direction along the 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).
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 on the western tip of Smith Point on Horn Island

• then to the high-water mark at the northern tip of Heath (Kiwain) Point on Prince of Wales Island

• then to the high-water mark at the eastern tip of Webb Point on Friday Island

• then along the high-water mark of Friday Island, initially in a westerly direction, to the western tip of Friday Island

• then to the high-water mark at the western tip of Tucker Point on Goods Island

• then along the high-water mark of Goods Island, initially in a south-easterly direction, to the eastern tip of Tessy Head on Goods Island

• then to the high-water mark at the western tip of Hammond Island (commonly known as Diamond Point)

• then along the high-water mark of Hammond Island, initially in a south-easterly direction, to the eastern tip of Menmuir (Gobau) Point on Hammond Island

• then to the high-water mark at the northern tip of King Point on Horn Island

• then along the high-water mark of Horn Island, initially in a westerly direction, to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
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, to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Weipa pilotage area The Weipa pilotage area is the area of—
(a) waters bounded by an imaginary line drawn—
• starting at the high-water mark on the western tip of Jantz Point (west of Duyfken Point)

• then in a southerly direction to the high-water mark at the western tip of Boyd Point

• then by the high-water mark in a northerly direction along the 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).
Karumba pilotage area The Karumba pilotage area is the area of—
(a) waters at the high-water mark consisting of—
• the Norman River and connected waterways system from the head of navigation to the river mouth

• the waters within a 10n mile radius of 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).
sch 5 amd 2007 SL No. 109 s 5; 2008 SL No. 230 s 11; 2013 SL No. 207 s 7 Schedule 6 Compulsory pilotage areas section 175 (2) Southport pilotage area Brisbane pilotage area Bundaberg pilotage area Gladstone pilotage area Rockhampton pilotage area 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 southern extremity of the north head of Bakers Creek entrance

• then generally north-easterly along the geodesic to latitude 21°10.76' south, longitude 149°17.73' east

• then generally south-easterly along the geodesic to latitude 21°14.00' south, longitude 149°20.50' east

• then south along the meridian to latitude 21°15.69' south, longitude 149°20.50' east

• then generally north-easterly along the geodesic to latitude 21°14.49' south, longitude 149°25.41' east

• then generally south-easterly along the geodesic to latitude 21°14.80' south, longitude 149°25.50' east

• then generally south-westerly along the geodesic to latitude 21°16.11' south, longitude 149°20.50' east

• then south along the meridian to latitude 21°17.91' south, longitude 149°20.50' east

• then west along the parallel to the intersection of the high-water mark on the mainland with latitude 21°17.91' south

• then generally northerly along the high-water mark on 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).
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 at the northern extremity of Slade Point

• then generally easterly along the geodesic to latitude 21°03.81' south, longitude 149°16.00' east

• then south along the meridian to latitude 21°07.00' south, longitude 149°16.00' east

• then generally south-easterly along the geodesic to latitude 21°10.76' south, longitude 149°17.73' east

• then generally south-westerly along the geodesic to the intersection with the high-water mark at the southern extremity of the north head of Bakers Creek entrance

• then generally northerly along the high-water mark on 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).
Abbot Point pilotage area Townsville pilotage area Lucinda pilotage area Mourilyan pilotage area Cairns pilotage area The part of the Cairns pilotage area that 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 in a northerly direction to latitude 16° 50.000' south, longitude 145° 54.954' east

• then due west to latitude 16° 50.000' south, longitude 145° 51.000' east

• then due north to latitude 16° 48.874' south, longitude 145° 51.000' east

• then in a west-north-westerly direction 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 to the starting point; and

(b) the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Cape Flattery pilotage area Skardon River pilotage area The part of the Skardon River pilotage area that is the area of—
(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, 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 sch 6 amd 2005 SL No. 50 s 13; 2007 SL No. 109 s 6; 2013 SL No. 207 s 8 Schedule 6A Responsible pilotage entities section 175A Column 1 Column 2 Compulsory pilotage area Responsible pilotage entity Southport pilotage area Maritime Safety Queensland Brisbane pilotage area Maritime Safety Queensland Bundaberg pilotage area Gladstone Ports Corporation Gladstone pilotage area Gladstone Ports Corporation Rockhampton pilotage area Gladstone Ports Corporation Hay Point pilotage area North Queensland Bulk Ports Corporation Mackay pilotage area North Queensland Bulk Ports Corporation Abbot Point pilotage area Maritime Safety Queensland Townsville pilotage area Port of Townsville Limited Lucinda pilotage area Port of Townsville Limited Mourilyan pilotage area Far North Queensland Ports Corporation Cairns pilotage area Far North Queensland Ports Corporation Cape Flattery pilotage area Far North Queensland Ports Corporation Skardon River pilotage area Far North Queensland Ports Corporation Thursday Island pilotage area Far North Queensland Ports Corporation Weipa pilotage area Far North Queensland Ports Corporation Karumba pilotage area Far North Queensland Ports Corporation

sch 6A ins 2013 SL No. 207 s 9 Schedule 7 Pilotage areas for which exemption certificate may be issued section 179 Karumba pilotage area Schedule 8 Pilotage area, or parts of pilotage area, for particular fishing ships for vessel traffic services section 183 (g) Gladstone pilotage area The following parts of the Gladstone pilotage area—
• South channel

• Gatcombe channel

• Auckland channel

• Auckland bypass channel

• Clinton channel

• Clinton bypass channel

• Targinnie channel
Schedule 9 Pilotage area, or parts of pilotage area, for particular small ships for vessel traffic services section 183 (h) Karumba pilotage area The following parts of the Karumba pilotage area—
• Karumba entrance channel

• Elbow Bank reach

• Karumba Point reach
Schedule 10 Fees, charges and related matter sections 193, 195A, 195B, 196, 200, 223 and 225 1 Accreditation of ship designer, ship builder or marine surveyor (1) This section sets the fees for accreditation of a ship designer, ship builder or marine surveyor under section 44. (2) The fee for initial accreditation is the total of the following fees—
(a) application fee—$263.25;

(b) approval fee—$625.40.
(3) The fee for an application for renewal of accreditation, under section 156, is $263.25. (4) The fee for an application, under section 171, for a replacement certificate of accreditation is $34.15. s 1 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 2 Registration of recreational ship (1) This section sets the fees for registration under section 62, or renewal of registration under section 156, of a recreational ship. (2) The fee is the total of the registration and recreational use components. (3) The registration component for the ship is as follows—
(a) for a ship 4.5m or less—$78.25;

(b) for a ship more than 4.5m but not more than 6m—$174.00;

(c) for a ship more than 6m but not more than 10m—$301.90;

(d) for a ship more than 10m but not more than 15m—$452.70;

(e) for a ship more than 15m but not more than 20m—$565.85;

(f) for a ship more than 20m—$717.15.
(4) The recreational use component for the ship is $20.00. s 2 sub 2005 SL No. 91 s 18 amd 2006 SL No. 26 s 69 (om 2006 SL No. 90 s 4) sub 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18 amd 2008 SL No. 297 s 4 sub 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 3 Pensioner concession (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. s 3 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 4 Registration of commercial ship other than a sail training ship (1) This section sets the fees for registration under section 62, or renewal of registration under section 156, of a commercial ship other than a sail training ship. (2) The fee is the total of the registration, boating facilities and compliance monitoring components. (3) The registration component for the ship is—
(a) for a ship 4.5m or less—$66.05; or

(b) for a ship more than 4.5m—$113.60.
(4) The boating facilities component for the ship is as follows—
(a) for a ship 10m or less—$11.65 for each metre or part of a metre;

(b) for a ship more than 10m but not more than 35m—$117.00 for the first 10m, plus $19.25 for each additional metre or part of a metre;

(c) for a ship more than 35m—$601.85.
(5) The compliance monitoring component for a class 1A, 1B, 1C, 1D, 1E, 2A, 2B, 2C, 2D or 2E ship is as follows—
(a) for a ship 7m or less—$167.25;

(b) for a ship more than 7m but not more than 10m—$409.60;

(c) for a ship more than 10m but not more than 15m—$510.00;

(d) for a ship more than 15m but not more than 20m—$627.05;

(e) for a ship more than 20m but not more than 25m—$718.95;

(f) for a ship more than 25m but not more than 35m—$810.90;

(g) for a ship more than 35m but not more than 50m—$961.35;

(h) for a ship more than 50m but not more than 75m—$1036.45;

(i) for a ship more than 75m but not more than 100m—$1187.20;

(j) for a ship more than 100m—$1479.70.
(6) The compliance monitoring component for a class 1F ship is as follows—
(a) for a ship 7m or less—$64.35;

(b) for a ship more than 7m but not more than 10m—$108.60;

(c) for a ship more than 10m but not more than 15m—$160.50;

(d) for a ship more than 15m but not more than 20m—$217.30;

(e) for a ship more than 20m but not more than 25m—$317.50;

(f) for a ship more than 25m but not more than 35m—$376.20;

(g) for a ship more than 35m—$426.35.
(7) The compliance monitoring component for a commercial ship that is a hovercraft or a wing in ground effect craft is as follows—
(a) for a ship 5m or less—$160.50;

(b) for a ship more than 5m but not more than 7.5m—$217.30;

(c) for a ship more than 7.5m but not more than 10m—$334.40;

(d) for a ship more than 10m but not more than 15m—$434.70;

(e) for a ship more than 15m but not more than 20m—$660.45;

(f) for a ship more than 20m but not more than 30m—$877.70;

(g) for a ship more than 30m—$1095.20.
s 4 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 5 Registration of commercial ship that is a sail training ship (1) This section sets the fee for registration under section 62, or renewal of registration under section 156, of a commercial ship that is a sail training ship. (2) The fee is as follows—
(a) for a ship 6m or more but not more than 7m—$195.40;

(b) for a ship more than 7m but not more than 8m—$207.10;

(c) for a ship more than 8m but not more than 9m—$218.80;

(d) for a ship more than 9m but not more than 10m—$230.30;

(e) for a ship more than 10m but not more than 11m—$249.95;

(f) for a ship more than 11m but not more than 12m—$269.25;

(g) for a ship more than 12m but not more than 13m—$288.60;

(h) for a ship more than 13m but not more than 14m—$307.75;

(i) for a ship more than 14m but not more than 15m—$327.00;

(j) for a ship more than 15m but not more than 16m—$346.35.
s 5 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 6 Exemption from registration fees of particular commercial ship (1) 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.
(2) A ship used exclusively in a marine education course that forms part of an educational program provided at a primary school or secondary school is exempt from registration fees. s 6 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 7 Registration of fishing ship (1) This section sets the fee for registration under section 62, or renewal of registration under section 156, of a fishing ship. (2) The fee consists of the following amount for compliance monitoring—
(a) for a ship more than 10m but not more than 15m—$183.90;

(b) for a ship more than 15m but not more than 20m—$501.55;

(c) for a ship more than 20m but not more than 25m—$618.65;

(d) for a ship more than 25m but not more than 35m—$777.40;

(e) for a ship more than 35m but not more than 50m—$961.35;

(f) for a ship more than 50m but not more than 75m—$1036.45;

(g) for a ship more than 75m but not more than 100m—$1187.20;

(h) for a ship more than 100m—$1479.70.
s 7 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 8 Other registration fees (1) This section sets the fees for other aspects relating to the registration of ships. (2) The fees are as follows—
(a) for an application, under section 173, for transfer of registration of a recreational ship—$25.30;

(b) for an application, under section 171, for a replacement certificate of registration for a commercial ship or fishing ship—$55.15;

(c) administration fee payable for renewal of registration of a recreational ship if paid after the expiry date—$14.30;

(d) for an extract from, or a copy of particulars in, a register under section 72 (5) or 73 (5)—
(i) if the extract or copy is of particulars that are the particulars recorded for a ship when the application is made—$16.65; or

(ii) otherwise—$26.65.
(3) A fee is not payable under subsection (2) (a) if the ship is being transferred to a person whose business is the sale of new or used ships. s 8 amd 2005 SL No. 50 s 14(1) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 9 Restricted use flag (1) This section sets the fees in relation to restricted use flags for ships. (2) The fees are as follows—
(a) for a consent to the use of an initial flag, for more than 1 month—$242.45;

(b) for a consent to the use of a second or subsequent flag, for more than 1 month—$98.55;

(c) for a consent to the use of a flag for 1 month or less—
(i) for a ship 50m or less—$87.00; or

(ii) for a ship more than 50m but not more than 80m—$185.70; or

(iii) for a ship more than 80m but not more than 150m—$393.90; or

(iv) for a ship more than 150m but not more than 200m—$619.00; or

(v) for a ship more than 200m—$844.10;

(d) for a replacement flag—$51.80.
s 9 amd 2005 SL No. 50 s 14(2) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 10 Design approval certificate (1) This section sets the fees for a design approval certificate. (2) The fees 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—$138.15;

(b) design examination fee—
(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—$123.50 for each hour of examination time, to the nearest 15 minutes; or

(ii) otherwise—$164.65 for each hour of examination time, to the nearest 15 minutes.
(3) Despite subsection (2) (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 the following—
(a) the quoted fee;

(b) the fee that would otherwise be payable under subsection (2) (b) for the time taken to examine the design.
s 10 amd 2005 SL No. 50 s 14(3) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 11 Certificate of survey (1) This section sets the fees for a certificate of survey for a ship under section 70. (2) The fees are as follows—
(a) application fee for the issue of a certificate of survey and examining the documents required to be given with the application, whether or not an inspection of the ship is necessary—$365.75;

(b) a fee for inspecting the ship, if an inspection of the ship is necessary, consisting of—
(i) $123.50 for each hour of inspection time (excluding travelling time), to the nearest 15 minutes; and

(ii) the reasonable travelling expenses for inspecting the ship;

(c) a fee for verification of a certificate of survey issued by the Commonwealth, another State or a classification society—$60.10;

(d) a fee for issuing a certificate of survey—$10.65.
s 11 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 12 Licence to operate commercial ship or fishing ship (1) Subsection (2) sets the fees for a licence, under section 97, 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, other than a commercial ship that is a wing in ground effect craft. (2) The fees are as follows—
(a) for a master class 3 or skipper grade 1—$259.15;

(b) for a master class 4, mate class 4 or skipper grade 2—$259.15;

(c) for a master class 5 or skipper grade 3—$183.90;

(d) for a coxswain—$83.65;

(e) for an engineer class 3—$326.00;

(f) for a marine engine driver grade 1—$208.95;

(g) for a marine engine driver grade 2—$153.85;

(h) for a marine engine driver grade 3—$153.85.
(3) The fee for a licence, under section 91, to operate a commercial ship that is a wing in ground effect craft is $259.15. s 12 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 13 Recreational marine driver licence The fee for a recreational marine driver licence, under section 97, is $99.55. s 13 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 ss 20–21; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23 amd 2014 SL No. 161 s 17 sub 2015 SL No. 25 s 21 13A Recreational marine driver licence—with a smartcard s 13A prev s 13A ins 2005 SL No. 121 s 34 om 2006 SL No. 90 s 21 pres s 13A ins 2010 SL No. 100 s 21 om 2011 SL No. 64 s 21 14 Personal watercraft licence The fee for a personal watercraft licence, under section 97, is $99.55. s 14 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 ss 20–21; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23 amd 2014 SL No. 161 s 17 sub 2015 SL No. 25 s 21 14A Personal watercraft licence—with a smartcard s 14A ins 2010 SL No. 100 s 21 om 2011 SL No. 64 s 21 15 Pilot licence and pilotage exemption certificate (1) This section sets the fees for the following—
(a) a licence, under section 97, to have the conduct of a ship as its pilot;

(b) a pilotage exemption certificate under section 179.
(2) The fee for an application for any of the following is $234.05—
(a) an assessment for a pilot licence for section 101;

(b) an amendment of a pilot licence under section 158;

(c) a pilotage exemption test for section 179 (2) (b);

(d) an amendment of a pilotage exemption certificate under section 158.
(3) The fee for the issue of any of the following is $234.05—
(a) a pilot licence;

(b) an amended pilot licence;

(c) a pilotage exemption certificate.
s 15 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 16 Other licence fees or other authority fees (1) This section sets the fees for other aspects relating to a licence or other authority. (2) The fees are as follows—
(a) for an assessment, under section 90, in relation to a licence to operate a commercial ship that is a hovercraft—$292.60;

(b) for an application for an amendment of a licence under section 158 to impose an additional condition on the licence—$47.70;

(c) for an assessment of sea service for section 98 (2)—$48.50;

(d) for the issue of a book called ‘Record of Service’ for section 98 (3)—$7.80;

(e) for an application for a temporary permit, under section 106, 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, on a particular voyage or for a stated period—$135.35;

(f) for replacement, under section 171, of a commercial ship licence, fishing ship licence, pilot licence or pilotage exemption certificate—$35.85;

(g) for an application, under section 156, for renewal of a commercial ship licence or fishing ship licence—$47.70;

(h) for an application, under section 156, for renewal of a pilot licence or pilotage exemption certificate—$115.35.
s 16 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20 amd 2010 SL No. 189 s 26 sub 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 17 Training approval (1) This section sets the fee payable for an application for approval, under section 104, of an entity to provide training programs in the operation of ships. (2) The fee is the total of the following—
(a) $476.15;

(b) the additional application fee payable under subsection (3).
(3) The additional application fee is—
(a) if the applicant is an individual—$39.65; or

(b) if the applicant is an unincorporated body—$39.65 for each nominee of the body when the application is made; or

(c) if the applicant is a corporation—$39.65 for each nominee, or executive officer, of the corporation when the application is made.
(4) However, an additional application fee is payable only if the individual, nominee or executive officer is a person about whom the chief executive or the general manager proposes to ask the commissioner of the police service for a written report about the person’s criminal history for the application. s 17 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2007 SL No. 307 s 5; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 18 Load line certificate The fee for an application for a load line certificate for a ship under section 114 is $150.50. s 18 sub 2005 SL No. 50 s 14(4); 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 18A Pilotage fees for removal of a ship s 18A ins 2005 SL No. 50 s 14(4) sub 2005 SL No. 91 s 18 om 2006 SL No. 90 s 21 19 Pilotage fees for arrival, departure or removal of a ship (1) This section sets the pilotage fees, under section 215 of the Act, for—
(a) a ship’s arrival in a pilotage area; or

(b) a ship’s departure from a pilotage area; or

(c) a ship’s removal to another berth or anchorage for a pilotage area.
(2) The fees are set out in the following table— Pilotage area Minimum fee > 80 to 150m > 150 to 200m > 200 to 250m > 250m $ $ $ $ $ Abbot Point 1150.75 24.65 22.40 17.90 15.65 Brisbane 1986.70 43.75 39.80 31.85 27.85 Bundaberg 1156.00 25.10 22.80 18.25 16.00 Cairns 1156.85 25.15 22.85 18.30 16.05 Cape Flattery 1173.75 26.70 24.25 19.40 17.05 Cooktown 1029.10 22.45 20.45 16.30 14.30 Gladstone 1676.30 36.85 33.50 26.80 23.45 Hay Point 1298.80 27.60 25.10 20.05 17.55 Karumba 1036.30 23.10 21.00 16.80 14.70 Lucinda 1147.25 24.25 22.10 17.65 15.40 Mackay 1148.15 24.35 22.20 17.75 15.50 Maryborough 1029.10 22.45 20.45 16.30 14.30 Mourilyan 1149.00 24.50 22.25 17.80 15.60 Port Douglas 1029.10 22.45 20.45 16.30 14.30 Rockhampton 1141.45 23.75 21.65 17.30 15.10 Skardon River 1029.10 22.45 20.45 16.30 14.30 Southport 1029.10 22.45 20.45 16.30 14.30 Thursday Island 1029.10 22.45 20.45 16.30 14.30 Townsville 1159.50 25.40 23.10 18.45 16.20 Weipa 1766.95 39.60 35.95 28.75 25.20

(3) The column headed ‘Pilotage area’ states the pilotage areas where a pilotage fee is payable. (4) The column headed ‘Minimum fee’ states the minimum fee payable for the pilotage of a ship, including for a ship that is 80m or less. (5) The column headed ‘> 80 to 150m’ states an additional fee payable for each metre of a ship more than 80m, to a maximum of 150m, for the corresponding pilotage area. (6) The column headed ‘> 150 to 200m’ states an additional fee payable for each metre of a ship more than 150m, to a maximum of 200m, for the corresponding pilotage area. (7) The column headed ‘> 200 to 250m’ states an additional fee payable for each metre of a ship more than 200m, to a maximum of 250m, for the corresponding pilotage area. (8) The column headed ‘> 250m’ states an additional fee payable for each metre of a ship more than 250m, for the corresponding pilotage area. s 19 sub 2005 SL No. 50 s 14(4); 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18 amd 2007 SL No. 248 s 5(1) sub 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 amd 2010 SL No. 23 s 8 sub 2010 SL No. 100 s 20 amd 2010 SL No. 23 s 8(7) sub 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 No. 25 s 21 19A Pilotage delay fees s 19A ins 2005 SL No. 50 s 14(4) sub 2005 SL No. 91 s 18 om 2006 SL No. 90 s 21 20 Pilotage cancellation fees (1) This section sets the fees, under section 215 of the Act, for cancellation of pilotage for a pilotage area. (2) The fees are set out in the following table— Pilotage area Cancellation fee $ Abbot Point 654.15 Brisbane 739.50 Bundaberg 625.75 Cairns 625.75 Cape Flattery 682.65 Cooktown 568.90 Gladstone 739.50 Hay Point 654.15 Karumba 568.90 Lucinda 654.15 Mackay 625.75 Maryborough 568.90 Mourilyan 625.75 Port Douglas 568.90 Rockhampton 568.90 Skardon River 568.90 Southport 568.90 Thursday Island 568.90 Townsville 625.75 Weipa 739.50

(3) The column headed ‘Pilotage area’ states the pilotage areas where a fee for cancellation of pilotage is payable. (4) The column headed ‘Cancellation fee’ states the fee payable for cancellation of pilotage for the corresponding pilotage area. s 20 prev s 20 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18 amd 2007 SL No. 248 s 5(2) sub 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 om 2010 SL No. 23 s 8(2) pres s 20 (prev s 21) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 amd 2010 SL No. 23 s 8(3) renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 21 Pilotage delay fees (1) This section sets the fees, under section 215 of the Act, for delay of pilotage for a pilotage area. (2) The fees are set out in the following table— Pilotage area Delay fee $ Abbot Point 327.10 Brisbane 369.75 Bundaberg 312.90 Cairns 312.90 Cape Flattery 341.30 Cooktown 284.40 Gladstone 369.75 Hay Point 327.10 Karumba 284.40 Lucinda 327.10 Mackay 312.90 Maryborough 284.40 Mourilyan 312.90 Port Douglas 284.40 Rockhampton 284.40 Skardon River 284.40 Southport 284.40 Thursday Island 284.40 Townsville 312.90 Weipa 369.75

(3) The column headed ‘Pilotage area’ states the pilotage areas where a fee for delay of pilotage is payable. (4) The column headed ‘Delay fee’ states the hourly fee payable for delay of pilotage for the corresponding pilotage area. s 21 (prev s 22) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 amd 2010 SL No. 23 s 8(4) renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 22 Conservancy dues (1) This section sets the conservancy dues under section 215 of the Act. (2) The dues are as follows—
(a) for a ship on an interstate voyage, for each gross ton or part of a gross ton—
(i) if the ship is 500gt or less—13.1c; or

(ii) if the ship is more than 500gt—21.5c;

(b) for any other ship, for each gross ton or part of a gross ton—21.5c.
s 22 (prev s 23) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 23 Gross tonnage for particular ships s 23 (prev s 24) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 amd 2010 SL No. 23 s 8(5) renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23 om 2015 SL No. 25 s 21 24 Interest rate for unpaid fees The interest rate for section 200 is 10% a year. s 24 (prev s 25) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 25 Buoy mooring (1) Subsection (2) sets the fee for an application for approval, under section 209, to establish a buoy mooring. (2) The application fee is the total of the assessment and occupation components. (3) The assessment component is $81.40. (4) The occupation component is—
(a) for a restricted use buoy mooring—
(i) in a category 2 area—$81.40; or

(ii) in a category 3 area—$48.90; or

(b) for an unrestricted use buoy mooring—
(i) in a category 2 area—$163.15; or

(ii) in a category 3 area—$81.40.
(5) The fee for renewal, under section 156, of an approval to establish a buoy mooring is—
(a) for a restricted use buoy mooring—
(i) in a category 2 area—$81.40; or

(ii) in a category 3 area—$48.90; or

(b) for an unrestricted use buoy mooring—
(i) in a category 2 area—$163.15; or

(ii) in a category 3 area—$81.40.
s 25 (prev s 26) sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 26 Concession for particular unrestricted use buoy mooring (1) This section applies—
(a) if the holder of an approval to establish an unrestricted use buoy mooring who carries on a business allows business clients to use the mooring free of charge; and

(b) despite section 25 of this schedule.
(2) The application or renewal fee for the approval, for each mooring after the first 5 moorings, is—
(a) for a mooring in a category 2 area—$65.20; or

(b) for a mooring in a category 3 area—$48.90.
s 26 (prev s 27) ins 2006 SL No. 90 s 21 sub 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 27 Aquatic event (1) This section sets the fees for an aquatic event. (2) The fees are as follows—
(a) $32.85 for a consent, under section 218, to the holding of a single aquatic event;

(b) $32.85 for a consent, under section 218, to the holding of an aquatic event by a genuine boating or sporting club if—
(i) the event is held over a period that is not longer than 3 months; and

(ii) the event is held at a single venue; and

(iii) the consent imposes conditions that are substantially the same for each part of the event.
s 27 (prev s 28) ins 2006 SL No. 90 s 21 sub 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 28 Administration fee on registration refund (1) This section sets the administration fee, for section 225, for a refund on surrender of a ship’s registration. (2) The fee is $15.65. s 28 (prev s 29) ins 2006 SL No. 90 s 21 sub 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 29 Electronic search to verify person is holder of licence For section 205B (1) of the Act, the fee is $6.35. s 29 (prev s 30) ins 2007 SL No. 68 s 5 sub 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18 renum 2010 SL No. 23 s 8(6) sub 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 sch 10 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18; 2008 SL No. 131 s 18; 2009 SL No. 64 s 18; 2010 SL No. 100 s 20; 2011 SL No. 64 s 21; 2012 SL No. 55 s 20; 2013 SL No. 75 s 20; 2014 SL No. 61 s 23; 2015 SL No. 25 s 21 Schedule 11 Fishing ship operational area schedule 15, definition fishing ship operational area The fishing ship operational area is the area of—
(a) waters bounded by an imaginary line drawn—
• 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 15°54.91' south, longitude 138°30.07' east

• then due north to latitude 14°29.91' south, longitude 138°30.07' east

• then due east to latitude 14°29.91' south, longitude 139°15.07' east

• then due north to latitude 11°10.91' south, longitude 139°15.07' east

• then in a north-easterly direction along the fisheries jurisdiction line to latitude 10°58.91' south, longitude 140°00.07' east

• then in a north-easterly direction along the fisheries jurisdiction line to latitude 10°10.31' south, longitude 141°20.07' east (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 latitude 10°13.31' south, longitude 145°00.06' east

• then due south to latitude 12°59.91' south, longitude 145°00.07' east

• then in a south-easterly direction to latitude 14°59.91' south, longitude 146°00.07' east

• then in a south-easterly direction to latitude 18°19.91' south, longitude 148°20.06' east

• then in an easterly direction to latitude 18°44.91' south, longitude 152°35.06' east

• then in a south-easterly direction to latitude 22°14.90' south, longitude 154°40.06' east

• then due south to latitude 27°47.32' south, longitude 154°40.06' east

• then in a westerly direction to latitude 27°47.90' south, longitude 154°22.06' east

• then in a south-westerly direction to latitude 27°57.90' south, longitude 154°00.06' east

• then in a south-westerly direction to the intersection of the eastern shore of Australia with latitude 28°09.90' south

• then along the shoreline of the mainland at the mean high-water mark to the starting point; and

(b) including the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters in paragraph (a).
Schedule 12 Partially smooth waters schedule 15, definition partially smooth waters Brisbane The waters bounded by an imaginary line drawn—
• from latitude 27°05.90' 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 Short Point

• to Amity Point, North Stradbroke Island

• to Cleveland Point on the mainland.
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 25°22.90' south

• to latitude 25°24.90', longitude 152°58.06' east

• due west to the mainland at latitude 25°24.90' south.
Gladstone The waters bounded by an imaginary line drawn—
• from Clews Point on the mainland

• to East Point, Facing Island

• along the southern shore of Facing Island to latitude 23°51.91' south

• due west to South Trees Island at latitude 23°51.91' south

• along the northernmost shore of South Trees Island to latitude 23°51.91' south at its western shore

• due west to the mainland at latitude 23°51.91' south.
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 0.5n mile east of Egg Rock

• to a point situated 0.5n mile east of The Child

• to a point situated 0.5n mile east of Outer Rocks

• to Water Park Point on the mainland.
Llewellyn Bay The waters bounded by an imaginary line drawn—
• from the high-water mark on the northern tip 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.
Mackay and Hay Point The waters bounded by an imaginary line drawn—
• 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 tip of Slade Point.
Sand Bay The waters bounded by an imaginary line drawn—
• from the high-water mark on the mainland at the northern tip 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 tip of Cape Hillsborough.
St Helens Bay The waters bounded by an imaginary line drawn—
• from the high-water mark on the mainland at the north-eastern tip 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 tip of the southern bank of the mouth of Hervey Creek on the mainland.
Bowen, Whitsunday Passage and Repulse Bay The waters bounded by an imaginary line drawn—
• from the high-water mark at the eastern tip of the southern bank of the mouth of Hervey Creek on the mainland

• to the south-western tip of Shaw Island

• along the western shore of Shaw Island and Gaibirra Island to the northern tip of Gaibirra Island

• to the southern tip of Maher Island

• along the western shore of Maher Island to Jesuit Point

• to the southern tip of Harold Island

• along the eastern shore to the northern tip of Harold Island

• to the south-eastern tip of Deloraine Island

• along the eastern shore to the north eastern tip of Deloraine Island

• to a point situated 1n mile north-east of Pinnacle Point, Hook Island

• to a point situated 1n mile north of Dolphin Point, Hayman Island

• to a point situated 1n mile north of the northern tip of Eshelby Island

• to a point situated 1n mile north of the northern tip of Rattray Island

• to a point situated 1n mile north of Gloucester Head, Gloucester Island

• to the north headland at the mouth of the Don River on the mainland.
Upstart Bay The waters of Upstart Bay south of a line between the north-western tip of Cape Upstart to the high-water mark at approximate latitude 19º40.02' south, longitude 147º36.44' east in the vicinity of Rita Island. Townsville The waters bounded by an imaginary line drawn—
• from Cape Pallarenda on the mainland

• to Bay Rock

• to a point situated 0.5n mile north of White Rock

• to a point situated 0.5n mile north of The Point, Magnetic Island

• to a point situated 0.5n mile north of Orchard Rocks

• to Cape Cleveland on the mainland.
Palm Islands The waters bounded by an imaginary line drawn—
• from Lucinda Point on the mainland

• to George Point, Hinchinbrook Island

• to the northern tip of Pelorus Island

• along the western shore of Pelorus Island to its south-western tip

• to Iris Point, Orpheus Island

• along the western and southern shores of Orpheus Island to latitude 18°39.31' south on the eastern side of the island

• to the western tip of Curacoa Island

• along the northern and eastern shores of Curacoa Island to its eastern tip

• to the northern tip of Great Palm Island

• along the western shore of Great Palm Island to latitude 18°44.91' south

• due west to the mainland.
Rockingham Bay The waters bounded by an imaginary line drawn—
• from Ninney Point on the mainland

• to a point situated 0.5n mile east of Clump Point on the mainland

• to a point situated 0.5n mile 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 latitude 18°14.91' south on the mainland.
Cairns The waters bounded by an imaginary line drawn—
• from Buchan Point on the mainland

• to a point situated 0.5n mile north of the northern tip of Double Island

• to a point situated 0.5n mile north of Upolu Reef Cay

• then following the northern and eastern edges of Upolu Reef at a distance of 0.5n mile from the reef

• to a point situated 0.5n mile from the eastern tip of Upolu Reef

• to the eastern tip of Green Island

• to the eastern tip of Little Fitzroy Island

• along the south-eastern shore to the southern tip of Little Fitzroy Island

• to the north-eastern tip of Fitzroy Island

• along the western shore of Fitzroy Island to its south-western tip

• to the southern headland of Little Turtle Bay on the mainland.
Port Douglas The waters bounded by an imaginary line drawn—
• from Island Point on the mainland

• to a point situated 0.5n mile east of the Low Islets

• to Cape Tribulation on the mainland.
Thursday Island The waters bounded by an imaginary line drawn—
• from Van Speult Point on the mainland

• to a point situated 0.5n mile south-west of Barn (Parau) Island

• to latitude 10°43.51' south, longitude 142°15.87' east on Prince of Wales Island (Rattlesnake Point)

• along the eastern and northern shores of Prince of Wales Island to Hochepied Head

• to the western tip of Friday Island

• to Harrison Rock

• to Hammond Rock

• to a point situated 0.5n mile 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.
Weipa The waters bounded by an imaginary line drawn—
• from Duyfken Point on the mainland

• to Thud Point on the mainland

• along the shore to Duyfken Point.
Karumba The waters within a 7.5n mile radius of the north head of the Norman River entrance. sch 12 amd 2009 SL No. 299 s 22 Schedule 13 Smooth waters schedule 15, definition smooth waters 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 153°26.56' 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 27°05.90' south on the mainland

• to South Point, Bribie Island

• along the western shore of Bribie Island to its northern tip

• to the high-water mark at longitude 153°07.81' east on the mainland.
Maryborough The waters bounded by an imaginary line drawn—
• from latitude 25°24.90' south on the mainland

• due east to longitude 152°58.06' east

• in a north-easterly direction to the intersection of latitude 25°22.90' south and Fraser Island

• along the western shore of Fraser Island to longitude 153°04.06' east

• to Inskip Point on the mainland.
Seventeen Seventy The waters bounded by an imaginary line drawn—
• from the north-east point of Eurimbula National Park at latitude 24°10.332' south, longitude 151°52.192' east

• to Monument Point at latitude 24°9.60' south, longitude 151°52.96' east.
Gladstone The waters bounded by an imaginary line drawn—
• from latitude 23°51.91' 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 23°33.91' south

• due west to Division Point on the mainland.
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 23°33.91' south

• due west to Division Point on the mainland.
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.
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 18°14.91' south on the mainland.
Mourilyan The waters bounded by an imaginary line drawn—
• from Goodman Point on the mainland

• to Camp Point on the mainland

• along the high-water mark to Goodman Point.
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.
Port Douglas The waters bounded by an imaginary line drawn—
• from Island Point on the mainland

• due north to latitude 16°28.41' south

• due west to the mainland.
Cooktown The waters bounded by an imaginary line drawn—
• from the vicinity of Queens Chair at longitude 145°15.39' east on the mainland

• to latitude 15°27.01' south, longitude 145°15.67' east

• due west to the mainland.
Thursday Island The waters bounded by an imaginary line drawn—
• from longitude 142°15.37' east on Horn Island

• due north to latitude 10°33.01' south (near Channel Rock)

• due west to Hammond Island at latitude 10°33.01' south

• along the southern shore of Hammond Island to Kate Point

• to Heath (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 142°15.37' east on Horn Island.
Weipa The waters bounded by an imaginary line drawn—
• from Wooldrum Point on the mainland

• to latitude 12°35.01' south, longitude 141°47.67' east on the mainland

• along the shore to Wooldrum Point.
Karumba The waters within a 4n mile radius of the north head of the Norman River entrance. sch 13 amd 2009 SL No. 299 s 23 Schedule 14 Torres Strait zone schedule 15, definition Torres Strait zone The Torres Strait zone is the area of waters enclosed by an imaginary line drawn—
• starting at latitude 10°40.91' south, longitude 145°00.06' 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 tip of the island

• then to the high-water mark on the northern tip 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 tip of Vrilya Point at approximate latitude 11°13.41' south, longitude 142°07.07' east

• then in a north-westerly direction to the south-western tip of the protected zone at latitude 10°27.91' south, longitude 141°20.07' east

• then due north to latitude 10°10.31' south, longitude 141°20.07' east (where the boundary of the protected zone intersects the boundary of the fisheries jurisdiction line)

• then in an easterly direction along the boundary of the fisheries jurisdiction line to latitude 10°13.31' south, longitude 145°00.06' east

• then due south to the starting point.
Schedule 14A Marine zones section 222A 1 Tallebudgera Creek (1) The area of Tallebudgera Creek is a marine zone. (2) The requirement for the marine zone is that a personal watercraft must not be operated in the marine zone. s 1 ins 2009 SL No. 46 s 7 2 Noosa River (1) The area of the Noosa River and the area of adjoining waters including Lake Cootharaba, Lake Cooroibah, Doonella Lake and Lake Weyba are a marine zone. (2) However, the area of each creek, other than Cooloothian Creek, Cooroibah Creek or Weyba Creek, adjoining the waters of the Noosa River is not part of the marine zone. (3) The requirements for the marine zone are as follows—
(a) a ship must not be operated in the marine zone to freestyle, surf or wave jump;

(b) a personal watercraft must not be operated in the marine zone;

(c) a ship must not be operated in the marine zone to water ski, other than between 8a.m. and 5p.m. in an area of the Noosa River described in schedule 14C;

(d) a hovercraft or airboat must not be operated in the marine zone;

(e) an aircraft must not be operated in the marine zone to take off or land on water.
(4) However subsection (3) (a) or (b) does not apply if the ship is—
(a) a personal watercraft registered as a commercial ship; and

(b) operating in the waters of the Noosa River where, under section 221 (2), the general manager has, by gazette notice, stated that the anchoring, berthing, mooring or operating of a ship, other than a personal watercraft registered as a commercial ship, endangers marine safety (the commercial PWC area). Editor’s note— A copy of the current gazette notice describing those waters, and the associated map, are available on Maritime Safety Queensland’s website.
(5) Also, subsection (3) (b) does not apply if—
(a) the owner or master of the personal watercraft is operating it in any of the waters mentioned in subsection (7); and

(b) the owner or master uses the personal watercraft to move through the waters—
(i) to travel to or from the commercial PWC area in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; or

(ii) on a transit voyage, in a straight line, or in the most appropriate or direct route, taking into account the circumstances of the waters; and

(c) the owner or master—
(i) is operating the personal watercraft along or near the centre of the waters, or within a marked channel; or

(ii) uses the personal watercraft to travel from the shore to the centre or near the centre of the waters, or within a marked channel; or

(iii) uses the personal watercraft to travel from the centre or near the centre of the waters, or within a marked channel to the shore.
Examples of activities for this subsection—
1 A personal watercraft is launched at the Thomas Street, Noosaville, boat ramp and travels using a marked channel to Laguna Bay.

2 A personal watercraft travels from Laguna Bay using a marked channel to a pontoon adjacent to Gympie Terrace, Noosaville.
(6) The collision regulations apply to the personal watercraft despite subsection (5) (b) or (c). (7) For subsection (5) (a), the waters are as follows—
(a) the waters of the Noosa River downstream of a direct line between latitude 26°23.836' south, longitude 153°03.273' east and latitude 26°23.585' south, longitude 153°03.273' east ending at a direct line between latitude 26°22.847' south, longitude 153°04.856' east and latitude 26°22.787' south, longitude 153°04.601' east;

(b) the waters of Weyba Creek downstream of a direct line between latitude 26°23.842' south, longitude 153°04.509' east and latitude 26°23.916' south, longitude 153°04.393' east;

(c) the waters of a canal or system of canals joining waters mentioned in paragraph (a) or (b).
(8) For subsection (7) (b), the shore of Weyba Creek between the following points is taken to be a direct line between the points—
(a) latitude 26°23.964' south, longitude 153°04.651' east;

(b) latitude 26°23.955' south, longitude 153°04.599' east.
(9) In this section— transit voyage means—
(a) a voyage between a point seaward of the marine zone and a point in the waters mentioned in subsection (7); or

(b) a voyage between a point in the waters mentioned in subsection (7) and a point seaward of the marine zone.
s 2 ins 2009 SL No. 46 s 7 sch 14A ins 2005 SL No. 121 s 35 sub 2009 SL No. 46 s 7 Schedule 14B Coastal bars schedule 15, definition coastal bar Column 1 Coastal Bar Column 2 Location Currumbin Bar located near the town of Currumbin in the vicinity of where the Currumbin Creek and the Coral Sea meet Tallebudgera Bar located near the town of Burleigh Heads in the vicinity of where the Tallebudgera Creek and the Coral Sea meet Gold Coast Seaway Bar the passage of water between Porpoise Point on South Stradbroke Island and Nerang Head (commonly known as the Gold Coast Seaway) Jumpinpin Bar the passage of water between North Stradbroke Island and South Stradbroke Island South Passage Bar the passage of water between North Stradbroke Island and Moreton Island Caloundra Bar located near the town of Caloundra in the vicinity of where the northern end of Pumicestone Channel (commonly known as Pumicestone Passage) and the Coral Sea meet Mooloolah Bar located near Point Cartwright in the vicinity of where the Mooloolah River and the Coral Sea meet Maroochy Bar located near the town of Maroochydore in the vicinity of where the Maroochy River and the Coral Sea meet Noosa Bar located near the town of Noosa Heads in the vicinity of where the Noosa River and the Coral Sea meet Wide Bay Bar located between the southern end of Fraser Island and Inskip Point in the vicinity of where the southern end of Great Sandy Strait and the Coral Sea meet Round Hill Creek Bar located near the town of Seventeen Seventy in the vicinity of where Round Hill Creek and the Coral Sea meet

sch 14B ins 2006 SL No. 37 s 6 amd 2011 SL No. 274 s 18; 2015 SL No. 160 s 18 Schedule 14C Areas of Noosa River where water skiing is allowed between 8a.m. and 5p.m. schedule 14A, section 2 (3) (c)
1 The area of the Noosa River at Tewantin within the following boundary—
• starting at latitude 26°23.265' south, longitude 153°02.664' east along the eastern shore of the Noosa River

• to latitude 26°22.755' south, longitude 153°02.836' east

• a direct line to latitude 26°22.710' south, longitude 153°02.763' east

• along the eastern shore of Makepeace Island to latitude 26°22.952' south, longitude 153°02.785' east

• a direct line to latitude 26°22.994' south, longitude 153°02.738' east

• along the eastern shore of the Sheep Island to latitude 26°23.194' south, longitude 153°02.564' east

• a direct line to the starting point.

2 The area of the Noosa River at Tewantin within the following boundary—
• starting at latitude 26°22.266' south, longitude 153°02.350' east along the eastern shore of the Noosa River

• to latitude 26°21.596' south, longitude 153°02.404' east

• a direct line to latitude 26°21.605' south, longitude 153°02.324' east

• along the western shore of the Noosa River to latitude 26°22.326' south, longitude 153°02.267' east

• a direct line to the starting point.
sch 14C ins 2009 SL No. 46 s 8 Schedule 15 Dictionary section 4 1987 regulation means the Queensland Marine (Registration, Survey, Equipment and Load Line) Regulation 1987 . 1995 regulation means the Transport Operations (Marine Safety) Regulation 1995 . ABP Standard see section 79B. def ABP Standard ins 2006 SL No. 238 s 6(2) accredited person means a person accredited as a ship designer, ship builder or marine surveyor under section 44. def accredited person sub 2009 SL No. 299 s 24(1) administering agency for part 6, see section 147. airboat means a watercraft, other than an aircraft, designed to be propelled by an aircraft-type propeller. def airboat ins 2009 SL No. 46 s 9(1) all-round light see the collision regulations, rule 21(e). AMSA means the Australian Maritime Safety Authority. def AMSA ins 2008 SL No. 108 s 6 aquatic event means an event or activity described in section 217 (1) (a) to (e) of the Act. def aquatic event amd 2007 SL No. 307 s 6 aquatic event authority means an authority mentioned in section 148 (1) (k). def aquatic event authority ins 2011 SL No. 274 s 19(2) area VTS, for part 7, division 5, see section 182. def area VTS amd 2005 SL No. 50 s 15(1) 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 148. BC code ... def BC code om 2012 SL No. 204 s 12(1) beyond, in relation to smooth waters or partially smooth waters, means seawards from the smooth waters or the partially smooth waters. BS means a standard published by the British Standards Institution. def BS amd 2009 SL No. 299 s 24(2) builders plate see section 79B. def builders plate ins 2006 SL No. 238 s 6(2) cable-operated ship means a ship that is transferred from 1 side of a river to the other side by means of a cable that—
(a) is secured on opposite sides of the river; and

(b) is the ship’s only means of propulsion.
capacity label means a label issued by the general manager, or a plate attached to the ship by the builder of the ship or that contains information approved by a person mentioned in section 79J, showing any of the following as the maximum number of persons the ship may carry in smooth waters—
(a) a number representing the maximum persons capacity for the ship worked out under AS 1799.1—1992;

(b) a number representing the maximum persons capacity for the ship worked out under any of the standards mentioned in the ABP Standard, clause 9.3;

(c) the manufacturer’s maximum persons capacity rating for the ship;

(d) if the ship is more than 15m, a number worked out in a way approved by the general manager.
def capacity label sub 2006 SL No. 238 s 6(1)–(2) category 1 area, for a buoy mooring, see section 207 (1). def category 1 area amd 2005 SL No. 50 s 15(2); 2009 SL No. 299 s 24(3) category 2 area, for a buoy mooring, see section 207 (1). def category 2 area amd 2005 SL No. 50 s 15(3); 2009 SL No. 299 s 24(3) category 3 area, for a buoy mooring, see section 207 (2). def category 3 area amd 2005 SL No. 50 s 15(4); 2009 SL No. 299 s 24(4) class, of a ship, means the class of the ship under the USL code. classification society means an entity approved by the Australian Maritime Safety Authority as a classification society. coast means the high-water mark on the mainland shoreline of Queensland. coastal bar means a bar—
(a) named in column 1 of schedule 14B; and

(b) described in column 2 of the schedule opposite the name of the bar mentioned in column 1.
def coastal bar ins 2006 SL No. 37 s 7 collision regulations means the International Regulations for Preventing Collisions at Sea published by the IMO. def collision regulations amd 2008 SL No. 230 s 12(1) combination carrier means a ship designed to carry either oil or solid cargoes in bulk. commercial ship means—
(a) a ship other than a fishing or recreational ship; or

(b) a tender to a ship other than a fishing or recreational ship.
competent person, for part 3, division 7A, see section 79B. def competent person ins 2006 SL No. 238 s 6(2) convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. crew, of a commercial or fishing ship, means the ship’s crew members and any other persons employed or engaged in any capacity on board, but does not include the master or pilot of the ship. crew member—
(a) of a commercial ship, means a person who is the chief mate, deck watchkeeper, chief engineer, second engineer or engine room watchkeeper under the USL code, section 2, part 4, clause 34; or

(b) of a fishing ship, means a person who is the chief mate, deck watchkeeper, chief engineer or engine room watchkeeper under the USL code, section 3, part 4, clause 21.
current postal address, for a person, means a postal address—
(a) given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b) for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.
def current postal address ins 2014 SL No. 219 s 34(1) damaged—
1 Damaged, in relation to a marine licence indicator that is not a smartcard marine licence indicator, includes destroyed, defaced, mutilated or made illegible.

2 Damaged, in relation to a smartcard marine licence indicator—
(a) means—
(i) the smartcard marine licence indicator is damaged to an extent that—
(A) a digital photo or a digitised signature on the smartcard marine licence indicator is impossible or difficult to recognise without the use of technology; or

(B) any information on the smartcard marine licence indicator is impossible or difficult to read without the use of technology; or

(ii) any information stored electronically on the smartcard marine licence indicator is no longer accessible by using the holder’s PIN; and

(b) includes destroyed.

3 However, damaged, in relation to a marine licence indicator, does not include the marine licence indicator being destroyed as required under section 170B as applied in schedule 4A.
def damaged ins 2010 SL No. 189 s 27 dangerous cargo see AS 3846—2005. def dangerous cargo amd 2006 SL No. 289 s 44 sch dangerous cargo code means any of the following—
(a) the IMSBC code as it applies to Group B materials mentioned in the IMSBC code, appendix 4;

(b) the IMDG code;

(c) ISGOTT;

(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.
def dangerous cargo code amd 2012 SL No. 204 s 12(2) dangerous goods means the goods mentioned in the IMDG code. 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. educational program includes a program under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183. def educational program ins 2006 SL No. 90 s 22 sub 2006 SL No. 246 s 90(1) sch 1 emergency services department means the department within which the Fire and Emergency Services Act 1990 is administered. def emergency services department amd 2014 Act No. 17 s 184 sch 1 pt 3 employee, of an entity, includes an agent of the entity, if the agent is an individual. engineer—
(a) for a commercial ship, means a chief engineer, second engineer or engine room watchkeeper under the USL code, section 2, part 4, clause 34; or

(b) for a fishing ship, means a chief engineer or engine room watchkeeper under the USL code, section 3, part 4, clause 21.
EPIRB means an emergency position indicating radio beacon. Far North Queensland Ports Corporation means Far North Queensland Ports Corporation Limited ACN 131 836 014. def Far North Queensland Ports Corporation ins 2013 SL No. 207 s 10 fisheries jurisdiction line means the line stated in annex 8 to the Torres Strait Treaty. fishing ship means—
(a) a ship authorised for fishing purposes, under an authority under the Fisheries Act 1994 ; or

(b) a ship authorised for aquaculture purposes, under a development permit under the Sustainable Planning Act 2009 ; 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).
def fishing ship amd 2006 SL No. 26 s 70; 2009 SL No. 280 s 137 fishing ship operational area means the area described in schedule 11. foreign licence means a licence to operate a recreational ship as its master—
(a) issued or recognised under the law of another country; and

(b) recognised for this definition by the general manager.
def foreign licence ins 2011 SL No. 274 s 19(2) former Act means the repealed Queensland Marine Act 1958 . former board means the Marine Board established under the former Act. freestyle, in relation to a ship, means drive the ship in a way that its course or speed is insufficiently predictable to allow masters of other ships to readily decide what course and speed to take to avoid a collision with the ship. def freestyle ins 2005 SL No. 121 s 36 amd 2009 SL No. 46 s 9(2) further building, in relation to a ship, means an alteration of the ship or a replacement of part of the ship if, under section 43 (2), the alteration or replacement may affect marine safety. gas free see AS 3846—2005. def gas free amd 2006 SL No. 289 s 44 sch Gladstone Ports Corporation means Gladstone Ports Corporation Limited ACN 131 965 896. def Gladstone Ports Corporation ins 2013 SL No. 207 s 10 Great Barrier Reef Region see the Great Barrier Reef Marine Park Act 1975 (Cwlth). gross tonnage 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. gt means gross tonnage. high speed ship means a ship that—
(a) is more than 20m; and

(b) is capable of a speed of more than 20kn.
holder, of an authority, means—
(a) if the authority is the registration of a ship—the person in whose name the ship is registered; or

(b) otherwise—the person to whom the authority is granted.
IMDG code means the International Maritime Dangerous Goods Code published by IMO. IMO means the International Maritime Organization. def IMO sub 2008 SL No. 230 s 12(2) IMSBC code means the International Maritime Solid Bulk Cargoes Code issued by IMO. def IMSBC code ins 2012 SL No. 204 s 12(3) inert condition means an inert condition under ISGOTT. inflatable ship means a ship to which ISO 6185, parts 1 to 3 apply. def inflatable ship amd 2006 SL No. 238 s 6(3) insolvent under administration, for part 3, division 6, see section 71. interested person, for part 3, division 6, see section 71. ISGOTT means the International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbours. ISO means a standard published by the International Organization for Standardization. issued authority, for part 6, see section 151 (1). def issued authority ins 2015 SL No. 25 s 22 land means a part of the earth’s surface (other than a reef) above ordinary high-water mark at spring tides. load line certificate means a certificate certifying that the general manager has approved the load line for a ship. def load line certificate amd 2009 SL No. 299 s 24(5) marine licence see section 147. def marine licence ins 2010 SL No. 189 s 27 marine licence indicator receipt, for schedule 4A, means a receipt given to a person that has effect as a marine licence indicator until the person receives—
(a) a smartcard marine licence indicator given under the Act; or

(b) a smartcard driver licence with a marine licence indicator code on it.
def marine licence indicator receipt ins 2010 SL No. 189 s 27 Marine Orders means the Marine Orders made under the Commonwealth Navigation Act, section 425 (1AA). marine safety legislation means any of the following—
(a) the Act;

(b) the former Act;

(c) a law of the Commonwealth, a State or a foreign country about marine safety.
Maritime Safety Queensland means the entity of that name established under the Maritime Safety Queensland Act 2002 , section 7. def Maritime Safety Queensland ins 2013 SL No. 207 s 10 MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973 as the convention applies under the Transport Operations (Marine Pollution) Act 1995 . mooring manager, of buoy moorings, means—
(a) for buoy moorings in Queensland waters other than Gold Coast waters—see section 207 (3); or

(b) for buoy moorings in Gold Coast waters—see section 207A (3).
def mooring manager amd 2009 SL No. 299 s 24(6) sub 2012 SL No. 232 s 33 North Queensland Bulk Ports Corporation means North Queensland Bulk Ports Corporation Limited ACN 136 880 218. def North Queensland Bulk Ports Corporation ins 2013 SL No. 207 s 10 NSCV means the National Standard for Commercial Vessels endorsed by the Australian Transport Council and published by the National Marine Safety Committee. Editor’s note— A copy of the NSCV is available from the National Marine Safety Committee, PO Box 2181, Canberra ACT 2601, or from its website. def NSCV ins 2009 SL No. 57 s 15 NSCV C7A means NSCV, part C, section 7, subsection 7A. def NSCV C7A ins 2009 SL No. 57 s 15 partially smooth waters means the waters described in schedule 12, other than waters within 0.5n mile from land. passenger, in relation to a ship, means any person on the ship other than—
(a) the master of the ship; or

(b) any of the crew; or

(c) the pilot of the ship; or

(d) a child under 1 year.
personal flotation device means a buoyancy aid worn by a person to keep the person afloat in water. personal watercraft means a powered ship that—
(a) has a fully enclosed hull that does not take on water if capsized; and

(b) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it, rather than within the confines of it.
def personal watercraft amd 2006 SL No. 238 s 6(4) PFD type 1 means any of the following—
(a) a personal flotation device complying with AS 1512—1996;

(b) a life jacket conforming with SOLAS, chapter III, regulation 32;

(c) a coastal life jacket approved under the USL code, section 10, appendix R;

(d) for a personal flotation device classified as level 100, 150 or 275 under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.
def PFD type 1 amd 2011 SL No. 274 s 19(3) PFD type 2 means a personal flotation device complying with either—
(a) AS 1499—1996; or

(b) for a personal flotation device classified as level 50 under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.
def PFD type 2 sub 2011 SL No. 274 s 19(1)–(2) PFD type 3 means a personal flotation device complying with either—
(a) AS 2260—1996; or

(b) for a personal flotation device classified as a special purpose PFD under AS 4758—2008—the standard as in force at the date of manufacture for the personal flotation device.
def PFD type 3 sub 2011 SL No. 274 s 19(1)–(2) pilotage exemption certificate means a certificate exempting the master of a ship from pilotage in a pilotage area. Port of Townsville Limited means Port of Townsville Limited ACN 130 077 673. def Port of Townsville Limited ins 2013 SL No. 207 s 10 positive flotation, as an attribute of a ship, means that the ship, because of the way it is built or the materials from which it is constructed or both, is able, when filled with water, to remain afloat in an upright position while carrying its normal operational equipment and the total number of persons stated in its registration certificate. prescribed review information, for a decision, means information that a person to whom a notice about the decision is given under section 154 (1) or 164 (3) may—
(a) under section 203B of the Act—ask for the decision to be reviewed by the general manager; and

(b) under the Transport and Planning Coordination Act 1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and

(c) under section 203C of the Act—ask for the general manager’s decision on the review (the reviewed decision) to be reviewed by QCAT; and

(d) under the QCAT Act—apply to QCAT for the reviewed decision to be stayed.
def prescribed review information ins 2009 Act No. 24 s 1767 primary school means a school, other than a special school, providing primary education as defined under the Education (General Provisions) Act 2006 . def primary school ins 2006 SL No. 90 s 22 sub 2006 SL No. 246 s 90(1) sch 1 proposed area, for part 9A, see section 222B. def proposed area ins 2005 SL No. 121 s 36 proposing entity, for part 9A, see section 222B. def proposing entity ins 2005 SL No. 121 s 36 propulsion power, of a ship, means the maximum continuous rated power in kilowatts of the largest engine on the ship for the propulsion of the ship. protected zone means the area described in the Torres Strait Treaty, annex 9. qualifications includes experience. Queensland driver licence, for schedule 4A, see the Transport Operations (Road Use Management) Act 1995 , schedule 4. def Queensland driver licence ins 2010 SL No. 189 s 27 radio, for part 7, division 5, see section 182. def radio amd 2005 SL No. 50 s 15(5) recreational ship means—
(a) a ship being used only for private recreation; or

(b) a tender to a ship being used only for private recreation.
register means—
(a) the register of registered recreational ships kept by the chief executive under section 72; or

(b) the register of registered commercial and fishing ships kept by the general manager under section 73.
registered means registered under this regulation. registered owner, of a ship, means the owner in whose name the ship is registered. registrable, for a ship, means a ship that, under this regulation, is required to be registered, whether or not the ship is registered. restricted use buoy mooring means a buoy mooring to which only a particular ship, owned by the holder of the approval for the buoy mooring and stated in the approval, may be moored. restricted use flag means a flag authorising the operation of a ship for 1 or more of the purposes mentioned in section 80 (3). sail training ship means a sailing ship used by a sailing school for teaching persons sailing, if the ship—
(a) is 6m or more but less than 16m; and

(b) does not carry anyone on board other than its master and crew and the persons learning to sail.
school means a State school or non-State school, as defined under the Education (General Provisions) Act 2006 . def school ins 2006 SL No. 246 s 90(1) sch 1 secondary school means a school, other than a special school, providing secondary education as defined under the Education (General Provisions) Act 2006 . def secondary school ins 2006 SL No. 90 s 22 sub 2006 SL No. 246 s 90(1) sch 1 sell, for part 3, division 7A, see section 79B. def sell ins 2006 SL No. 238 s 6(2) ship, for section 222A and schedule 14A, includes an aircraft when it is on water, or is taking off or landing on water. def ship ins 2009 SL No. 46 s 9(1) small ship, for part 7, division 5, see section 182. def small ship amd 2005 SL No. 50 s 15(6) smartcard driver licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , schedule 9. def smartcard driver licence ins 2010 SL No. 189 s 27 amd 2014 SL No. 219 s 34(2) smooth waters means the waters—
(a) of rivers, creeks, streams and lakes; or

(b) within breakwaters or revetments; or

(c) described in schedule 12 that are within 0.5n mile from land; or

(d) described in schedule 13.
def smooth waters amd 2008 SL No. 230 s 12(3) SOLAS means the International Convention for the Safety of Life at Sea, 1974, and its Protocols of 1978. special school means a school providing only special education as defined under the Education (General Provisions) Act 2006 . def special school ins 2006 SL No. 246 s 90(1) sch 1 speed means speed over the ground. surf, in relation to a ship, means drive the ship down a breaking wave, wake or swell. def surf ins 2005 SL No. 121 s 36 amd 2009 SL No. 46 s 9(2) tender means an auxiliary ship, other than a lifeboat, that—
(a) is not more than 6m; and

(b) is employed to attend another ship; and

(c) is smaller than the other ship; and

(d) is operated only in the proximity of the other ship.
Torres Strait Treaty see the Torres Strait Fisheries Act 1984 . Torres Strait zone means the area of waters described in schedule 14. training provider means—
(a) a secondary school that provides training in the operation of ships; or

(b) an entity carrying on the business of providing training in the operation of ships.
def training provider amd 2006 SL No. 246 s 90(1) sch 1 underway means not at anchor, made fast to the shore or aground. def underway ins 2006 SL No. 37 s 7 unrestricted use buoy mooring means a buoy mooring to which any ship, with the consent of the holder of the approval for the buoy mooring, may be moored. USL code means the Uniform Shipping Laws Code adopted by Commonwealth, State and Territory Ministers. Editor’s note— A copy of the code is available from the National Marine Safety Committee, PO Box 2181, Canberra ACT 2601, or from its website. def USL code amd 2009 SL No. 299 s 24(7) 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 at least 1.8m x 1.2m.
water ski means tow a person by a line attached to a ship including, for example, a person riding on a toboggan or tube. def water ski ins 2005 SL No. 121 s 36 wave jump, in relation to a ship, means drive the ship over a breaking wave, wake or swell for the purpose of making the ship airborne, other than in the ordinary course of navigation. def wave jump ins 2005 SL No. 121 s 36 amd 2009 SL No. 46 s 9(2) whole ship means, in relation to a ship or part of a ship, all the aspects of stability, design, building or survey of the ship or part of the ship that, when combined, ensure the ship is seaworthy and appropriately equipped to meet the ordinary perils of voyages in 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.