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TitleRepealed legislation
LanguageEnglish
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Total Pages280
Table of Contents
                            Queensland
Contents
Part 1 Preliminary
	1 Short title
	2 Commencement
	3 Role of this regulation compared to the standards
	4 Definitions
	5 References to latitude or longitude
	6 References to length of ship
	7 References to standards in sch 1
Part 2 Safety equipment
	8 Purpose of pt 2
	9 All ships in Queensland waters to be equipped with EPIRB
	10 Application of div 3
	11 Declaration applying Act, s 44 to equipment under this division
	12 Fire appliances-commercial ships to comply with USL code with changes
	13 Lifesaving appliances-commercial ships to comply with USL code with changes
	14 Lifesaving appliances for class 1F commercial ship
	15 Lifesaving appliances for class 2E commercial ship owned and operated by particular entity and operating in river etc.
	16 Commercial ship used as training ship
	17 Commercial ship that is a personal watercraft
	18 Safety equipment not otherwise stated
	19 Safety equipment to comply with particular provisions of USL code
	20 Application of div 4
	21 Declaration applying Act, s 44 to equipment under this division
	22 Fire appliances-fishing ships to comply with USL code with changes
	23 Lifesaving appliances-fishing ships to comply with USL code with changes
	24 Fishing ship less than 10m or tender boat under Fisheries Act 1994
	25 Safety equipment not otherwise stated
	26 Safety equipment to comply with particular provisions of USL code
	27 Application of div 5
	28 Declaration applying Act, s 44 to equipment under this division
	29 Lighting devices for signalling for recreational ship on water at night
	30 Safety equipment for recreational ship operating in smooth waters
	31 Safety equipment for recreational ship operating in partially smooth waters and beyond
	32 Exception for person on recreational ship wearing diver’s jacket
	33 Safety equipment for recreational ship that is a personal watercraft
	34 Application of div 6
	35 Declaration applying Act, s 44 to equipment under this division
	36 Lighting device for signalling for tender on water at night
	37 Safety equipment for tender operating in smooth waters
	38 Safety equipment for tender operating in partially smooth waters and beyond
	39 Exception for person on tender wearing diver’s jacket
	40 Life jackets and personal flotation devices
	41 Expiry date for particular safety equipment
Part 3 Accreditation, ship building and registration of ships
	42 Application of Act, pt 5, div 4
	43 Declaration of alterations or replacements that may affect marine safety-Act, s 4, definition building
	44 Accreditation as a ship designer, ship builder or marine surveyor
	45 Categories of accreditation for ship designer
	46 Categories of accreditation for ship builder
	47 Categories of accreditation for marine surveyor
	48 Hull and superstructure taken to be built of particular material
	49 Authority given by accreditation
	50 Accredited person to keep documents
	51 Accredited person not to issue certificate of compliance unless insured
	52 Accredited person to maintain policy
	53 Accredited person who can not obtain insurance for s 51
	54 Application of Act, pt 5, div 5
	55 Application of div 3
	56 Certificate for design and other documents to be given to general manager before building starts
	57 Responsibility for ensuring issue of certificate of compliance for survey
	58 Effect on certificates if further building
	59 Copy of certificate to general manager
	60 Application of Act, pt 5, div 2
	61 Owner to register ship
	62 Chief executive and general manager to register ships
	62A Ship may not be registered without builders plate
	63 Classes of registration of commercial ships and fishing ships
	64 Use of commercial or fishing ship for private recreational purposes
	65 Requirements for first registration of commercial ship
	66 Exception for particular ships
	67 Exception for sail training ships
	68 Requirements for first registration of fishing ship
	69 Declaration about ship’s seaworthiness in certificate of compliance
	70 General manager may issue certificate of survey for ship
	71 Definitions for div 6
	72 Register of registered recreational ships
	73 Register of registered commercial and fishing ships
	74 Registration number of commercial ship or recreational ship to be displayed
	75 Registration certificate of commercial ship or fishing ship to be displayed
	76 Registration label of recreational ship to be attached
	77 Capacity label of registrable recreational ship to be attached
	78 Ride smart sticker to be displayed on personal watercraft
	79 Markings for particular tenders
	79A Main purpose of div 7A
	79B Definitions for div 7A
	79C Application of division
	79D Variation of ABP Standard
	79E Ship for sale required to have builders plate
	79F Defence relating to commercial ships or fishing ships
	79G Defence that plate already fixed
	79H Defence if ship to be exported
	79I Defence if ship for racing purposes
	79J Persons who may approve information on builders plates
	79K Offence relating to fixing of builders plates on ships
	79L Offence relating to approval of information on builders plate
	79M Builders plate not to be changed unless authorised
	80 Consent to use restricted use flag
	81 Operation of ship under consent to use restricted use flag
	82 Misuse of restricted use flag
	83 Flag to be returned
Part 4 Licences to operate ships
	84 Application of Act, pt 5, div 3
	85 Definitions for div 2
	86 Owner or master to ensure master and crew members appropriately licensed
	87 Operation of ship by unlicensed person
	88 Required licences for commercial ships
	89 Licensing exceptions for particular commercial ships
	90 Hovercraft
	91 Wing in ground effect craft
	92 Required licences for fishing ships
	93 Licensing exceptions relating to operating fishing ship as master
	94 Licensing exceptions relating to operating fishing ship as chief engineer
	95 Required licences for recreational ships
	96 Required licence to have the conduct of a ship as its pilot
	97 Chief executive or general manager may issue licences
	98 Qualifications for licences for commercial ships and fishing ships
	99 Qualifications for recreational marine driver licence
	99A Qualifications for personal watercraft licence
	100 Chief executive or general manager may recognise other qualifications
	101 Qualifications for licence as ship’s pilot
	102 Examinations of applicants for licences
	103 Approval of entity to conduct examinations
	104 Approval of entity to provide training programs for the operation of ships
	105 Application of div 4
	106 General manager may issue temporary permit for master or crew member
	107 Permit holder taken to be appropriately licensed if complying with conditions
Part 5 Ship operations
	108 Operational area of commercial ship or fishing ship
	109 Commercial ship
	110 Crew to complete safety course
	111 Ship to be operated under USL code, s 15
	112 Definitions for div 5
	113 Application of div 5
	114 General manager may issue load line certificate for ship
	115 Ship not to be operated unless load line certificate issued
	116 Load line certificate to be displayed on ship
	117 Renewal of load line certificate
	118 USL code, s 7 applies to assignment of freeboard
	119 USL code, s 7 applies to loading of ship
	120 Stability documents to be carried on ship
	121 Signals of distress
	122 Authority to use or display prescribed signal for training or demonstration
	123 Prescribed signal and information-Act, s 129
	124 Fishing ship to have speaker on afterdeck
	125 Application of collision regulations
	126 Person operating ship to comply with collision regulations
	127 Speed limit for ship, other than personal watercraft, operating in particular places
	127A Speed limit for personal watercraft operating in particular places
	127B Other restrictions for personal watercraft operating in particular places
	128 Speed limit for ship if wash can cause marine incident or shoreline damage
	129 No offence if ship operated at speed necessary for safety
	130 Interfering with speed sign
	131 Application of particular provisions to enforcement officers
	132 Purpose of div 11
	133 Manuals and plans to be kept
	134 Records to be kept
	135 Currency and accuracy of documentation mentioned in ss 133 and 134
	136 Application of Act, pt 14, div 2
	137 Duties of person sending dangerous cargo by ship
	138 Application of dangerous cargo codes
	139 Duties of owner or master about dangerous cargo
	140 Reporting requirements for ship with dangerous cargo
	141 Reporting dangerous cargo event
	142 General manager may require declaration about ship’s cargo
	143 Restriction on loading combination carrier
	144 Exceptions to restrictions under s 143
	145 Obligations under s 139 not limited
	146 Start of particular business activities to be notified
Part 6 Authorities
	147 Definition for pt 6
	148 What is an authority
	149 Making the application
	150 Administering agency to decide application within 30 days
	151 Issuing of authority if application granted
	152 Term of authority
	153 Temporary authorities
	154 Refusal of application for authority
	155 Grant of authority on conditions
	156 Renewal of authority
	157 Div 2 applies to application for renewal
	158 Amendment of authority at holder’s request
	159 Div 2 applies to application for amendment
	160 Amendment of authority on administering agency’s initiative
	161 When amendment of authority takes effect
	162 Authority to be returned for alteration after amendment
	163 Grounds for suspension or cancellation of authorities
	164 Procedure for suspension or cancellation
	165 Action by general manager after marine incident
	166 Extension of term of suspension or amendment after marine incident
	167 Effect of suspension on renewal of authority
	168 Authority to be returned after suspension or cancellation
	168A Application for variation of restrictions-Act, s 202K
	168B Notice about application for removal of disqualification-Act, s 202L
	169 Holder to notify change of address
	170 Keeping of authority
	170A Defacing or changing authority
	171 Replacement of authority
	171A Copy of authority may be given to person with interest in ship
	172 Surrender of authority
	173 Transfer of ship’s registration
	174 Particular provisions about authorities apply to transfer of ship’s registration
Part 7 Pilotage areas, compulsory pilotage areas and pilots
	175 Declaration of pilotage areas and compulsory pilotage areas-Act, s 71(a)
	176 Application of Act, pt 8
	177 Transfer of pilot to ship
	178 Master to give pilotage charge to pilot
	179 Pilotage exemption
	180 Fatigue management
	181 Reporting movement of ship mentioned in s 176(1)
	181A Reporting movement of ship 35m or more but less than 50m
	182 Definitions for div 5
	183 Application of div 5
	184 Obligation under s 181 not limited
	185 Entering pilotage area
	186 Navigating ship from berth or anchorage
	187 Reaching destination
	188 Ship entering pilotage area using services of a pilot
	189 Ship navigating in pilotage area using services of a pilot
	190 Report requested by harbour master
	191 Radio frequencies
Part 8 Pilotage fees and conservancy dues
	192 Application of div 1
	193 Pilotage fees for pilotage service
	194 No pilotage fee for removal of a ship that is part of arrival or departure
	195 Fee if pilot can not leave ship
	195A Cancellation fee if pilotage amended or cancelled
	195B Delay fee if pilotage delayed
	196 Conservancy dues for ships
	197 Definition for div 3
	198 Who is liable to pay fees
	199 Time for paying fees
	200 Interest on unpaid fees
	201 Recovery of fees and interest
Part 9 Other matters about marine safety
	202 Definition for pt 9
	203 Chief executive may approve harbour master and general manager may give directions
	204 Limitation on exercise of power under this part
	204A Appointment of shipping inspectors
	205 Harbour master’s powers for marine incident outside pilotage area
	206 Direction to person about obstruction
	207 Buoy mooring category areas
	208 Establishment of unauthorised buoy mooring
	209 Approval of establishment of buoy mooring by general manager
	210 Limitations on buoy mooring approvals
	211 Conditions of buoy mooring approvals
	212 Notice of establishment of buoy mooring
	213 Buoy mooring to display identifying number
	214 Unlawful use of buoy mooring
	215 Removal of buoy mooring on expiry, cancellation or surrender of approval
	216 Harbour master or general manager may carry out direction
	217 Recovery by State of expenses of carrying out direction
	218 Aquatic events
	219 Prohibition on anchoring in particular places
	220 Prohibition on ship operations near particular structures
	221 Unlawful operations if endangering marine safety
	222 Water skiing
Part 9A Marine zones
	222A Marine zones
	222B Proposal for marine zone
	222C Consultation for marine zone
Part 10 Miscellaneous
	223 Fees and charges
	224 Refund of fees if application is refused
	225 Refund of fees if ship’s registration is surrendered
	226 Shipping inspector may allow authority or document to be produced elsewhere
	226A Interfering with sign
	226B Where register of division 3 undertakings must be kept
Part 11 Transitional provisions
	227 Safety equipment for ships under a standard practice instruction
	228 Design and construction of ships under a standard practice instruction
	229 Licensing exceptions-particular commercial ships less than 35m
	230 Insurance by accredited persons
	231 Capacity labels
	232 Application of Act, pt 5, div 3
	233 Crew to complete safety course
	234 Continuation of authorities under 1995 regulation
	235 Applications for authorities under 1995 regulation
	236 References to 1995 regulation
	236B Transitional provision for the Transport Operations (Marine Safety-Examining and Training Approvals (Recreational Ships and Personal Watercraft)) Standard 2005
	237 Transitional provision for the Transport Operations (Marine Safety-Accreditation as Ship Designer, Ship Builder or Marine Surveyor) Standard 2006
	238 Transitional provision for the Transport Operations (Marine Safety) Amendment Regulation (No. 4) 2007
Schedule 1 Standards
Schedule 2 Classes of ships
Schedule 3 Classes of licences
Schedule 4 Matters about which records to be kept
Schedule 5 Pilotage areas
Schedule 6 Compulsory pilotage areas
Schedule 7 Pilotage areas for which exemption certificate may be issued
Schedule 8 Pilotage area, or parts of pilotage area, for particular fishing ships for vessel traffic services
Schedule 9 Pilotage area, or parts of pilotage area, for particular small ships for vessel traffic services
Schedule 10 Fees, charges and related matters
	1 Accreditation of ship designer, ship builder and marine surveyor
	2 Registration of recreational ship
	3 Pensioner concession
	4 Registration of commercial ship other than a sail training ship
	5 Registration of commercial ship that is a sail training ship
	6 Exemption from payment of registration fees of particular commercial ship
	7 Registration of fishing ship
	8 Other registration fees
	9 Restricted use flag
	10 Design approval certificate
	11 Certificate of survey
	12 Licence to operate commercial ship or fishing ship
	13 Recreational marine driver licence
	14 Personal watercraft licence
	15 Pilot licence and pilotage exemption certificate
	16 Other licence fees or other authority fees
	17 Training approval
	18 Load line certificate
	19 Pilotage fees for arrival and departure of a ship
	20 Pilotage fees for removal of a ship
	21 Pilotage cancellation fees
	22 Pilotage delay fees
	23 Conservancy dues
	24 Gross tonnage for particular ships
	25 Interest rate for unpaid fees
	26 Buoy mooring
	27 Concession for particular unrestricted use buoy mooring
	28 Aquatic event
	29 Administration fee on registration refund
	30 Electronic search to verify person is holder of licence
Schedule 11 Fishing ship operational area
Schedule 12 Partially smooth waters
Schedule 13 Smooth waters
Schedule 14 Torres Strait zone
Schedule 14A Marine zones
Schedule 14B Coastal bars
Schedule 15 Dictionary
	1 Index to endnotes
	2 Date to which amendments incorporated
	3 Key
	4 Table of reprints
	5 List of legislation
	6 List of annotations
                        
Document Text Contents
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Queensland

Transport Operations (Marine Safety) Act 1994

Transport Operations (Marine
Safety) Regulation 2004

Reprinted as in force on 1 November 2007

Reprint No. 2A

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

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Information about this reprint

This regulation is reprinted as at 1 November 2007. The reprint shows the law as amended
by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

This page is specific to this reprint. See previous reprints for information about earlier
changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

Also see endnotes for information about—
• when provisions commenced
• editorial changes made in earlier reprints.

Dates shown on reprints

Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard
copy and electronic, are dated as at the last date of amendment. Previously reprints were
dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic
version published before 1 July 2002, it means the legislation was not further amended
and the reprint date is the commencement of the last amendment.

If the date of a hard copy reprint is the same as the date shown for an electronic version
previously published, it merely means that the electronic version was published before the
hard copy version. Also, any revised edition of the previously published electronic version
will have the same date as that version.

Replacement reprint date If the date of a hard copy reprint is the same as the date shown
on another hard copy reprint it means that one is the replacement of the other.

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s 169 138 s 171

Transport Operations (Marine Safety) Regulation
2004
Division 6 Other provisions about authorities

169 Holder to notify change of address

If the holder of an authority changes address, the holder must,
within 14 days after the change, give the administering agency
written notice of the holder’s new address, unless the holder
has a reasonable excuse.

Maximum penalty—10 penalty units.

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;

(c) a load line 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.

170A Defacing or changing authority

The holder of an issued authority must not deface or otherwise
change the authority.

Maximum penalty—20 penalty units.

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.

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s 171A 139 s 173

Transport Operations (Marine Safety) Regulation
2004
(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)122 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.

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.

122 Section 148 (What is an authority)

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277

Transport Operations (Marine Safety) Regulation
2004
Interest rate for unpaid fees
s 25 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18

Buoy mooring
s 26 sub 2005 SL No. 91 s 18; 2006 SL No. 90 s 21; 2007 SL No. 83 s 18

Concession for particular unrestricted use buoy mooring
s 27 ins 2006 SL No. 90 s 21

sub 2007 SL No. 83 s 18

Aquatic event
s 28 ins 2006 SL No. 90 s 21

sub 2007 SL No. 83 s 18

Administration fee on registration refund
s 29 ins 2006 SL No. 90 s 21

sub 2007 SL No. 83 s 18

Electronic search to verify person is holder of licence
s 30 ins 2007 SL No. 68 s 5

sub 2007 SL No. 83 s 18

SCHEDULE 14A—MARINE ZONES
ins 2005 SL No. 121 s 35

SCHEDULE 14B—COASTAL BARS
ins 2006 SL No. 37 s 6

SCHEDULE 15—DICTIONARY
def “ABP Standard” ins 2006 SL No. 238 s 6(2)
def “area VTS” amd 2005 SL No. 50 s 15(1)
def “builders plate” ins 2006 SL No. 238 s 6(2)
def “capacity label” sub 2006 SL No. 238 s 6(1)–(2)
def “category 1 area” amd 2005 SL No. 50 s 15(2)
def “category 2 area” amd 2005 SL No. 50 s 15(3)
def “category 3 area” amd 2005 SL No. 50 s 15(4)
def “coastal bar” ins 2006 SL No. 37 s 7
def “competent person” ins 2006 SL No. 238 s 6(2)
def “dangerous cargo” amd 2006 SL No. 289 s 44 sch
def “educational program” ins 2006 SL No. 90 s 22

sub 2006 SL No. 246 s 90(1) sch 1
def “fishing ship” amd 2006 SL No. 26 s 70
def “freestyle” ins 2005 SL No. 121 s 36
def “gas free” amd 2006 SL No. 289 s 44 sch
def “inflatable ship” amd 2006 SL No. 238 s 6(3)
def “personal watercraft” amd 2006 SL No. 238 s 6(4)
def “primary school” ins 2006 SL No. 90 s 22

sub 2006 SL No. 246 s 90(1) sch 1
def “proposed area” ins 2005 SL No. 121 s 36
def “proposing entity” ins 2005 SL No. 121 s 36
def “radio” amd 2005 SL No. 50 s 15(5)
def “school” ins 2006 SL No. 246 s 90(1) sch 1

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278

Transport Operations (Marine Safety) Regulation
2004
def “secondary school” ins 2006 SL No. 90 s 22
sub 2006 SL No. 246 s 90(1) sch 1

def “sell” ins 2006 SL No. 238 s 6(2)
def “small ship” amd 2005 SL No. 50 s 15(6)
def “special school” ins 2006 SL No. 246 s 90(1) sch 1
def “surf” ins 2005 SL No. 121 s 36
def “training provider” amd 2006 SL No. 246 s 90(1) sch 1
def “underway” ins 2006 SL No. 37 s 7
def “water ski” ins 2005 SL No. 121 s 36
def “wave jump” ins 2005 SL No. 121 s 36

© State of Queensland 2007

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