Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Regulation 20161Short titleThis regulation may be cited as the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Regulation 2016.2CommencementThis regulation commences on 1 September 2016.3DefinitionIn this regulation—State delegate means a delegate or subdelegate of the National Regulator who is an officer or employee of this State or an agency of this State.4Fees payable to State delegates—Act, s 15(1)Schedule 1 states the fees payable under section 15 of the Act.(2)A reference in this section and schedule 1 to the length of a domestic commercial vessel is a reference to the measured length of the vessel within the meaning of the National Standard for Commercial Vessels, Part B.(3)In schedule 1—exempt vessel means a domestic commercial vessel to which section 5 or 6 applies.sail training vessel means a domestic commercial vessel that—

(a)is 6m or more but less than 16m in length; and

(b)is used by a sailing school to teach sailing; and

(c)is not to carry anyone on board other than its master and crew and the persons learning to sail.

the Law means the domestic commercial vessel national law.5Fee exemption for previously exempt vessels(1)This section applies to a domestic commercial vessel that—

(a)is a previously exempt vessel; and

(b)was operating in Queensland waters at any time within 1 year prior to the commencement.

(2)No fee is payable under schedule 1, part 2 for a certificate of operation or a renewal of a certificate of operation for the vessel.(3)In this section—previously exempt vessel means—

(a)a vessel that was a domestic commercial vessel before the commencement if, before the commencement, no fee was payable for a certificate of operation for the vessel under the Commonwealth domestic commercial vessel national law on the basis that the vessel was of a kind mentioned in a repealed provision; or

(b)a vessel that was not a domestic commercial vessel before the commencement if, before the commencement, the vessel was exempt from the requirement to be registered under the Transport Operations (Marine Safety) Act 1994 because it was of a kind mentioned in a repealed provision.

repealed provision means section 60(2)(b), (c), (d), (e), (h) or (j) of the repealed Transport Operations (Marine Safety) Regulation 2004, as in force before the commencement.6Fee exemption for particular vessels used for rescue purposes(1)This section applies to a domestic commercial vessel that is—

(a)either of the following—

(i)owned by the department in which the Fire and Emergency Services Act 1990 is administered;

(ii)owned or operated by a volunteer marine rescue association, or surf life saving club, accredited by the department in which the Fire and Emergency Services Act 1990 is administered; and

(b)used for rescue purposes.

(2)No fee is payable under schedule 1, part 2 for a certificate of operation or a renewal of a certificate of operation for the vessel.7Refund of fees if application is refused(1)This section applies if a State delegate refuses an application for any of the following—

(a)a certificate of survey;

(b)a certificate of operation or a renewal of a certificate of operation;

(c)a certificate of competency;

(d)a load line certificate under Marine Order 507 (Load line certificates — national law) 2013 of the Commonwealth;

(e)an approval under section 6 or 7 of the Marine Safety (Temporary operations) Exemption 2016;

(f)a temporary crewing permit under the Marine Safety (Temporary crewing) Exemption 2013;

(g)a temporary service permit under the Marine Safety (Temporary service) Exemption 2013.

(2)The State delegate must refund the fees paid by the applicant in relation to the application, other than the State delegate’s reasonable costs of assessing the application.8Refund of fees on revocation of certificate of operation on application(1)This section applies if a certificate of operation issued by a State delegate is later revoked by a State delegate under section 52(1) of the domestic commercial vessel national law.(2)The State delegate must refund to the holder of the certificate the unexpired part (the refund) of the fee paid for the certificate. (3)The refund must be worked out on a proportional basis according to the number of whole days from the end of the day when the certificate of operation was revoked to the end of the day when the certificate of operation would have otherwise expired.(4)The State delegate may deduct from the refund the administration fee for this section in schedule 1, part 2.Schedule 1Feessection 4Part 1Fees related to certificates of survey$1Certificate of survey (s 37(2) of the Law)—(a)standard fee403.20(b)additional fee if an inspection of the domestic commercial vessel to which the certificate is to relate is necessary—(i)for time spent inspecting the vessel—for each 15 minutes, rounded down to the nearest 15 minutes33.05(ii)for travel time for the inspectionthe amount of the reasonable travel expenses incurred2Approval by a State delegate of plans for a domestic commercial vessel under section 11(1)(c) of Marine Order 503 (Certificates of survey — national law) 2013 (Cwlth)—(a)standard fee148.00(b)additional fee for the assessment of the plans—(i)if the State delegate quoted a fee for the assessment in writing that was accepted by the applicantthe lesser of the quoted fee and the fee mentioned in subparagraph (ii)(ii)otherwise, for each 15 minutes of assessment time, rounded down to the nearest 15 minutes44.103Replacement of a certificate of survey on the holder’s application59.10Part 2Fees related to certificates of operation$4Certificate of operation or a renewal of a certificate of operation (s 47(2) of the Law)—the total of the following for each domestic commercial vessel, other than an exempt vessel, to which the certificate is to relate—(a)for a class 1 vessel or class 2 vessel of the following length, other than a sail training vessel—•1m or less262.35•more than 1m but not more than 2m274.85•more than 2m but not more than 3m287.30•more than 3m but not more than 4m299.80•more than 4m but not more than 4.5m312.25•more than 4.5m but not more than 5m363.25•more than 5m but not more than 6m375.70•more than 6m but not more than 7m388.20•more than 7m but not more than 8m660.30•more than 8m but not more than 9m672.75•more than 9m but not more than 10m685.20•more than 10m but not more than 11m814.00•more than 11m but not more than 12m834.55•more than 12m but not more than 13m855.15•more than 13m but not more than 14m875.75•more than 14m but not more than 15m896.35•more than 15m but not more than 16m1,042.35•more than 16m but not more than 17m1,062.95•more than 17m but not more than 18m1,083.55•more than 18m but not more than 19m1,104.15•more than 19m but not more than 20m1,124.75•more than 20m but not more than 21m1,243.75•more than 21m but not more than 22m1,264.35•more than 22m but not more than 23m1,284.95•more than 23m but not more than 24m1,305.55•more than 24m but not more than 25m1,326.15•more than 25m but not more than 26m1,445.25•more than 26m but not more than 27m1,465.85•more than 27m but not more than 28m1,486.45•more than 28m but not more than 29m1,507.05•more than 29m but not more than 30m1,527.65•more than 30m but not more than 31m1,548.25•more than 31m but not more than 32m1,568.85•more than 32m but not more than 33m1,589.45•more than 33m but not more than 34m1,610.05•more than 34m but not more than 35m1,630.65•more than 35m but not more than 50m1,796.25•more than 50m but not more than 75m1,876.70•more than 75m but not more than 100m2,038.15•more than 100m2,351.50(b)for a class 3 vessel of the following length—•15m or less197.00•more than 15m but not more than 20m537.25•more than 20m but not more than 25m662.70•more than 25m but not more than 35m832.75•more than 35m but not more than 50m1,029.80•more than 50m but not more than 75m1,110.30•more than 75m but not more than 100m1,271.75•more than 100m1,585.10(c)for a class 4 vessel of the following length—•1m or less152.15•more than 1m but not more than 2m164.60•more than 2m but not more than 3m177.10•more than 3m but not more than 4m189.55•more than 4m but not more than 4.5m202.05•more than 4.5m but not more than 5m253.00•more than 5m but not more than 6m265.50•more than 6m but not more than 7m277.95•more than 7m but not more than 8m337.80•more than 8m but not more than 9m350.30•more than 9m but not more than 10m362.75•more than 10m but not more than 11m439.55•more than 11m but not more than 12m460.15•more than 12m but not more than 13m480.75•more than 13m but not more than 14m501.35•more than 14m but not more than 15m521.95•more than 15m but not more than 16m603.40•more than 16m but not more than 17m624.00•more than 17m but not more than 18m644.60•more than 18m but not more than 19m665.20•more than 19m but not more than 20m685.80•more than 20m but not more than 21m813.70•more than 21m but not more than 22m834.30•more than 22m but not more than 23m854.90•more than 23m but not more than 24m875.50•more than 24m but not more than 25m896.10•more than 25m but not more than 26m979.60•more than 26m but not more than 27m1,000.15•more than 27m but not more than 28m1,020.75•more than 28m but not more than 29m1,041.35•more than 29m but not more than 30m1,061.95•more than 30m but not more than 31m1,082.55•more than 31m but not more than 32m1,103.15•more than 32m but not more than 33m1,123.75•more than 33m but not more than 34m1,144.35•more than 34m but not more than 35m1,164.95•more than 35m1,223.10(d)for a hovercraft of the following length—•1m or less255.15•more than 1m but not more than 2m267.60•more than 2m but not more than 3m280.05•more than 3m but not more than 4m292.55•more than 4m but not more than 4.5m305.00•more than 4.5m but not more than 5m356.00•more than 5m but not more than 6m429.30•more than 6m but not more than 7m441.80•more than 7m but not more than 7.5m454.25•more than 7.5m but not more than 8m579.70•more than 8m but not more than 9m592.20•more than 9m but not more than 10m604.65•more than 10m but not more than 11m733.30•more than 11m but not more than 12m753.90•more than 12m but not more than 13m774.50•more than 13m but not more than 14m795.10•more than 14m but not more than 15m815.70•more than 15m but not more than 16m1,078.10•more than 16m but not more than 17m1,098.70•more than 17m but not more than 18m1,119.30•more than 18m but not more than 19m1,139.90•more than 19m but not more than 20m1,160.50•more than 20m but not more than 21m1,413.80•more than 21m but not more than 22m1,434.40•more than 22m but not more than 23m1,455.00•more than 23m but not more than 24m1,475.60•more than 24m but not more than 25m1,496.20•more than 25m but not more than 26m1,516.80•more than 26m but not more than 27m1,537.40•more than 27m but not more than 28m1,558.00•more than 28m but not more than 29m1,578.60•more than 29m but not more than 30m1,599.20•more than 30m but not more than 31m1,852.80•more than 31m but not more than 32m1,873.40•more than 32m but not more than 33m1,894.00•more than 33m but not more than 34m1,914.60•more than 34m but not more than 35m1,935.20•more than 35m1,939.65(e)for a sail training vessel of the following length—•6m or more but not more than 7m209.35•more than 7m but not more than 8m221.85•more than 8m but not more than 9m234.40•more than 9m but not more than 10m246.70•more than 10m but not more than 11m267.75•more than 11m but not more than 12m288.40•more than 12m but not more than 13m309.15•more than 13m but not more than 14m329.65•more than 14m but not more than 15m350.30•more than 15m but not more than 16m371.005Replacement of a certificate of operation on the holder’s application59.106Administration fee, for section 8, for a refund on revocation of a certificate of operation16.75Part 3Fees related to certificates of competency$7Certificate of competency (s 59(2) of the Law)—(a)standard fee, for a certificate of the following kind—•General Purpose Hand89.65•Coxswain Grade 3 NC89.65•Coxswain Grade 2 NC89.65•Coxswain Grade 1 NC89.65•Master <24m NC197.00•Master (Inland waters)197.00•Master <35m NC277.60•Mate <80m NC277.60•Master <80m NC277.60•Marine Engine Driver Grade 3 NC164.80•Marine Engine Driver Grade 2 NC164.80•Marine Engine Driver Grade 1 NC223.80•Engineer Class 3 NC349.20(b)additional fee if an assessment of the qualifying sea service of the applicant is necessary51.958Renewal of a certificate of competency under Marine Order 505 (Certificates of competency — national law) 2013 (Cwlth)—(a)standard fee51.10(b)additional fee if an assessment of the qualifying sea service of the applicant, or an equivalent requirement under the marine order, is necessary 51.959Variation of a certificate of competency (s 61(2) of the Law)51.1010Replacement of a certificate of competency on the holder’s application38.40Part 4 Other fees$11Load line certificate under Marine Order 507 (Load line certificates — national law) 2013 (Cwlth)161.2012Approval of extension under the Marine Safety (Operation beyond required survey time) Exemption 201359.1013Approval under section 6 or 7 of the Marine Safety (Temporary operations) Exemption 2016for a domestic commercial vessel of the following length, for each month, or part of a month, for which the approval applies—(a)50m or less93.20(b)more than 50m but not more than 80m198.95(c)more than 80m but not more than 150m421.95(d)more than 150m but not more than 200m663.05(e)more than 200m904.2514Temporary crewing permit under the Marine Safety (Temporary crewing) Exemption 2013145.0015Temporary service permit under the Marine Safety (Temporary service) Exemption 2013145.00sch 1 sub 2017 SL No. 70 s 34