Transport Operations (Marine Safety) Act 1994Reprint noteThis is the last reprint before expiry. Expired on 31 August 2017. See SIA s 56A(2) and SIR s 3 sch 2 pt 2.Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2006Part 1Preliminary1Short titleThis standard may be cited as the Transport Operations (Marine Safety—Queensland Regulated Ships Miscellaneous Equipment) Standard 2006.s 1 amd 2016 SL No. 154 s 2392CommencementThis standard commences on 1 March 2006.3DictionaryThe dictionary in schedule 1 defines words used in this standard.s 3 amd 2016 SL No. 154 s 2404Purpose of standardThis standard will help people to understand the general safety obligation under section 41 of the Act for Queensland regulated ships.s 4 amd 2016 SL No. 154 s 251Part 2Miscellaneous equipment for all Queensland regulated shipspt hdg amd 2016 SL No. 154 s 251Division 1Application of pt 2div hdg ins 2011 SL No. 275s 45Application of pt 2This part applies to a person who is the owner or master of a Queensland regulated ship, whether or not the ship is required to be registered under chapter 3, part 1 of the regulation.s 5 amd 2011 SL No. 275s 5; 2016 SL No. 154 s 241Division 2Queensland regulated ships other than personal watercraftdiv hdg ins 2011 SL No. 275s 6amd 2016 SL No. 154 s 2515AApplication of div 2This division applies to a person who is the owner or master of a Queensland regulated ship other than a personal watercraft.s 5A ins 2011 SL No. 275s 6amd 2016 SL No. 154 s 2516NavigationA Queensland regulated ship operating in or beyond partially smooth waters should be equipped with a liquid damped compass and a navigation chart appropriate to the operational area.s 6 amd 2016 SL No. 154 s 2517Anchoring(1)A Queensland regulated ship should be equipped with—

(a)for a ship less than 5m operating in smooth waters—an anchor with at least 18m of cable; or

(b)for a ship less than 5m operating in or beyond partially smooth waters—an anchor with at least 27m of cable; or

(c)for a ship 5m or more but less than 8m operating in any operational area—an anchor with at least 27m of cable; or

(d)for a ship 8m or more operating in any operational area—2 anchors each with at least 37m of cable.

(2)Despite subsection (1), the type and weight of anchor and the length and thickness of the cable should be appropriate for—

(a)the type and weight of ship; and

(b)the weather and sea conditions; and

(c)the nature of the seabed.

(3)In this section—cable means—

(a)for a ship less than 5m—a chain or rope; or

(b)for a ship 5m or more—

(i)a chain; or

(ii)a chain of at least 2m attached to the anchor and a rope.

s 7 amd 2016 SL No. 154 s 2518BalingA Queensland regulated ship should be equipped with—

(a)for a ship less than 5m—baling equipment appropriate for the type of ship; or

(b)for a ship 5m or more but less than 8m—a pump or other baling equipment with a minimum capacity of 45L per minute; or

(c)for a ship 8m or more—a pump or other baling equipment with a minimum capacity of 70L per minute.

s 8 amd 2016 SL No. 154 s 2519Manual propulsionA Queensland regulated ship less than 6m should be equipped with a way of manually propelling the ship.Examples—oars, paddless 9 amd 2016 SL No. 154 s 25110Drinking waterA Queensland regulated ship should be equipped with enough drinking water for everyone on board for the duration of the intended voyage.s 10 amd 2016 SL No. 154 s 25111Equipment to be in working orderThe equipment mentioned in this division should be in good working order.s 11 amd 2011 SL No. 275s 7Division 3Queensland regulated ships that are personal watercraftdiv hdg ins 2011 SL No. 275s 8amd 2016 SL No. 154 s 25111AApplication of div 3This division applies to a person who is the owner or master of a Queensland regulated ship that is a personal watercraft when operating in or beyond partially smooth waters, other than a personal watercraft operating—

(a)under an aquatic event authority; or

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

s 11A ins 2011 SL No. 275s 8amd 2016 SL No. 154 s 25111BNavigationA Queensland regulated ship that is a personal watercraft should be equipped with either of the following—

(a)a liquid damped compass and a navigation chart appropriate to the operational area;

(b)an electronic navigation device appropriate to the operational area.

s 11B ins 2011 SL No. 275s 8amd 2016 SL No. 154 s 25111CAnchoring(1)A Queensland regulated ship that is a personal watercraft should be equipped with an anchor with a cable.(2)The type and weight of anchor and the length and thickness of the cable should be appropriate for—

(a)the type and weight of the ship; and

(b)the weather and sea conditions; and

(c)the nature of the seabed.

(3)In this section—cable means a chain or rope.s 11C ins 2011 SL No. 275s 8amd 2016 SL No. 154 s 25111DDrinking waterA Queensland regulated ship that is a personal watercraft should be equipped with enough drinking water for everyone on board for the duration of the intended voyage.s 11D ins 2011 SL No. 275s 8amd 2016 SL No. 154 s 25111EEquipment to be in working orderThe equipment mentioned in this division should be in good working order.s 11E ins 2011 SL No. 275s 8Part 3Miscellaneous equipment for particular Queensland regulated ships that do not require registrationpt 3 hdg amd 2016 SL No. 154 s 251Division 1Preliminary12Definitions for pt 3In this part—compliant, for a handheld red flare or orange smoke signal, see schedule 9 of the regulation.def compliant ins 2016 SL No. 154 s 242(2)lifejacket level 50 see schedule 9 of the regulation.def lifejacket level 50 ins 2016 SL No. 154 s 242(2)lifejacket level 50S see schedule 9 of the regulation.def lifejacket level 50S ins 2016 SL No. 154 s 242(2)lifejacket level 100 see schedule 9 of the regulation.def lifejacket level 100 ins 2016 SL No. 154 s 242(2)NSCV see schedule 9 of the regulation.def NSCV ins 2016 SL No. 154 s 242(2)PFD type 1 ...def PFD type 1 om 2016 SL No. 154 s 242(1)PFD type 2 ...def PFD type 2 om 2016 SL No. 154 s 242(1)PFD type 3 ...def PFD type 3 om 2016 SL No. 154 s 242(1)SOLAS see schedule 9 of the regulation.def SOLAS ins 2016 SL No. 154 s 242(2)V sheet see schedule 9 of the regulation.def V sheet ins 2016 SL No. 154 s 242(2)Division 2Miscellaneous equipment for particular Queensland regulated ships other than particular personal watercraftdiv hdg amd 2016 SL No. 154 s 25113Definitions for div 2In this division—level flotation see schedule 9 of the regulation.def level flotation ins 2016 SL No. 154 s 243(2)person, for sections 15, 16 and 17, means an individual who is 1 year or more.personal flotation device ...def personal flotation device om 2016 SL No. 154 s 243(1)positive flotation ...def positive flotation om 2016 SL No. 154 s 243(1)14Application of div 2(1)This division applies to a person who is the owner or master of a Queensland regulated ship mentioned in section 26(2)(a) or (c) of the regulation.(2)However, this division does not apply to a person who is the owner or master of a Queensland regulated ship mentioned in section 26(2)(c) of the regulation, if the ship is a personal watercraft.s 14 amd 2016 SL No. 154 s 24415Safety equipment in smooth waters(1)A Queensland regulated ship operating in smooth waters should be equipped with—

(a)a lifejacket level 50, lifejacket level 50S or lifejacket level 100 for each person on board; and

(b)if the ship is more than 5m, fire fighting 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

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

(3)Despite subsection (1)(a), a tender operating in smooth waters is not required to be equipped with a lifejacket level 50, lifejacket level 50S or lifejacket level 100 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 level flotation.

(4)The ship is taken not to be equipped with the safety equipment mentioned in subsection (1)(a) unless there is an appropriate size lifejacket for each person on board.s 15 amd 2016 SL No. 154 s 24516Safety equipment in or beyond partially smooth waters(1)A Queensland regulated ship operating in or beyond partially smooth waters should be equipped with—

(a)if the ship is operating in partially smooth waters—a lifejacket level 100 or lifejacket level 50 for each person on board; and

(b)if the ship is operating beyond partially smooth waters—a lifejacket level 100 for each person on board; and

(c)a V sheet; and

(d)2 compliant handheld red flares; and

(e)2 compliant handheld orange smoke signals; and

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

(2)The ship is taken not to be equipped with the safety equipment mentioned in subsection (1)(a) or (b) unless there is an appropriate size lifejacket for each person on board.s 16 amd 2016 SL No. 154 s 24617Exception for person wearing diver’s jacketDespite sections 15 and 16, a Queensland regulated ship need not be equipped with a lifejacket for a person on board if the person is wearing an inflatable diver’s jacket complying with BS EN 12628:1999 (Diving accessories. Combined buoyancy and rescue devices. Functional and safety requirements, test methods).s 17 amd 2016 SL No. 154 s 247Division 3Miscellaneous equipment for particular personal watercraft18Safety equipment for particular personal watercraft(1)A Queensland regulated ship mentioned in section 26(2)(c) of the regulation that is a personal watercraft should be equipped with—

(a)a lifejacket for the operator of, and each passenger on, the watercraft; and

(b)if the personal watercraft is operating in or beyond partially smooth waters—

(i)a V sheet; and

(ii)2 compliant handheld red flares; and

(iii)2 compliant handheld orange smoke signals.

(2)For subsection (1)(a), if the operator of, or a passenger on, the personal watercraft is not wearing a lifejacket with which the personal watercraft is equipped, the personal watercraft is taken not to be equipped with the lifejacket.(3)Subsection (1)(b) does not apply to a Queensland regulated ship that is a personal watercraft operating—

(a)under an aquatic event authority; or

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

(4)In this section—lifejacket means—

(a)if the watercraft is operating in smooth waters—a lifejacket level 50 or lifejacket level 50S; or

(b)if the watercraft is operating in partially smooth waters or beyond—a lifejacket level 50.

s 18 amd 2011 SL No. 275 s 9; 2016 SL No. 154 s 248Division 4Servicing or replacing safety equipment19Safety equipment to be serviced or replaced(1)This section applies if a Queensland regulated ship’s safety equipment under section 15, 16 or 18 has an expiry date by which it should be serviced or replaced.(2)The ship is taken not to be equipped with safety equipment under section 15, 16 or 18 unless the equipment has been serviced or replaced before the expiry date.s 19 amd 2016 SL No. 154 s 251Part 4Repeal and references to former standards20RepealThe Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Interim Standard (No. 2) 2005 SL No. 183 is repealed.21References to former standards(1)In a document or instrument a reference to the following standards may, if the context permits, be taken to be a reference to this standard—

•Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Standard 1998

•Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Interim Standard 2005.

•Transport Operations (Marine Safety—Recreational Ships Miscellaneous Equipment) Interim Standard (No. 2) 2005.

(2)Subsection (1) does not limit the application of the Acts Interpretation Act 1954, section 14H.s 21 amd 2016 SL No. 154 s 249Part 5Transitional provision for Transport Operations (Marine Safety) Regulation 2016pt hdg ins 2016 SL No. 154 s 25022Personal flotation devices under 2004 regulation taken to be lifejackets(1)This section applies if—

(a)immediately before the commencement, a ship was equipped with a PFD type 1, 2 or 3 as provided under a provision of the unamended standard; and

(b)a provision of this standard provides for a ship of that kind to be equipped with a lifejacket.

(2)From the commencement until the end of the personal flotation device’s serviceable life, the ship is taken to be equipped with—

(a)for a ship equipped with a PFD type 1—a lifejacket 100; or

(b)for a ship equipped with a PFD type 2—a lifejacket 50; or

(c)for a ship equipped with a PFD type 3—a lifejacket 50S.

(3)In this section—2004 regulation means the Transport Operations (Marine Safety) Regulation 2004 as in force before the commencement.personal flotation device means a buoyancy aid worn by a person to keep the person afloat in water.PFD type 1 means a PFD type 1 under the 2004 regulation. PFD type 2 means a PFD type 2 under the 2004 regulation.PFD type 3 means a PFD type 3 under the 2004 regulation.serviceable life, for a personal flotation device, means the period ending when the personal flotation device needs to be replaced because the device—

(a)is irreparable; or

(b)is unserviceable; or

(c)is incapable of being restored to its original working condition; or

(d)has reached the end of its service life as stated by its manufacturer.

unamended standard means this standard as in force before the commencement.s 22 ins 2016 SL No. 154 s 250Schedule 1Dictionarysection 3aquatic event authority see schedule 9 of the regulation.def aquatic event authority ins 2011 SL No. 275 s 10amd 2016 SL No. 154 s 252(3)lifejacket see schedule 9 of the regulation.def lifejacket ins 2016 SL No. 154 s 252(2)partially smooth waters see schedule 9 of the regulation.def partially smooth waters amd 2016 SL No. 154 s 252(3)personal watercraft ...def personal watercraft om 2016 SL No. 154 s 252(1)Queensland regulated ship see section 10A of the Act.def Queensland regulated ship ins 2016 SL No. 154 s 252(2)recreational ship ...def recreational ship om 2016 SL No. 154 s 252(1)regulation means the Transport Operations (Marine Safety) Regulation 2016.def regulation amd 2016 SL No. 154 s 252(4)smooth waters see schedule 9 of the regulation.def smooth waters amd 2016 SL No. 154 s 252(3)sch 1 (prev sch) num 2016 SL No. 154 s 252(5)