Commonwealth Numbered Acts

GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1991 No. 121 of 1991 - SECT 3

3. Section 3 of the Principal Act is amended:
(a) by omitting from the definition of "Great Barrier Reef Region" in
subsection (1) "the Schedule" and substituting "Schedule 1";

   (b)  by inserting in subsection (1) the following definitions: "
        `compulsory pilotage area' means:

   (a)  that part of the inner route of the Great Barrier Reef Region that is
        described in Part 1 of Schedule 2; and

   (b)  Hydrographer's Passage as described in Part 2 of Schedule 2; `inner
        route', in relation to the Great Barrier Reef Region, means the waters
        between the Australian mainland and the outer edge of the Great
        Barrier Reef; `master' means a person having command or charge of a
        vessel; `navigate without a pilot' has the meaning given by
        subsections (5) and (6); `overall length' has the meaning given by
        subsection (7) or (8); `owner' has the meaning given by subsection (9)
        or (10); `pilot' means a person:

   (a)  who does not belong to, but has the conduct of, a vessel; and

   (b)  who is licensed or registered under a prescribed law of the
        Commonwealth, a State or a Territory; `pilot's certificate' means a
        certificate issued by a pilot under section 59E; `port' has the same
        meaning as in the Navigation Act 1912; `regulated ship' means any kind
        of vessel:

   (a)  that is 70 metres or longer in overall length; or

   (b)  that is a loaded:
    (i)   oil tanker; or


        (ii)   chemical carrier; or

        (iii)  liquefied gas carrier; other than:

   (c)  a vessel belonging to an arm of the Defence Force of Australia or to
        the naval, military or air forces of a country other than Australia;
        or

   (d)  a vessel in respect of which an exemption under section 59F is in
        force;";

   (c)  by adding at the end the following subsections:

"(5) Subject to subsection (6), a vessel navigates without a pilot if it does
not have a pilot on board navigating it.

"(6) If:

   (a)  apart from this subsection, a vessel navigates without a pilot; and

   (b)  the vessel is being towed by another vessel that is navigating with a
        pilot; the vessel under tow is to be treated as if it were navigating
        with a pilot.

"(7) Subject to subsection (8), the overall length of a ship is the distance
between:

   (a)  a vertical line passing through a point that is the foremost part of
        the stem; and

   (b)  a vertical line passing through a point that is the aftermost part of
        the stern.

"(8) If the overall length of the ship cannot be ascertained under subsection
(7), the length is taken to be 110% of the length as shown on the vessel's
load-line certification.

"(9) Subject to subsection (10), owner, in relation to a vessel, means the
person or each of the persons who are registered as owner of the vessel on the
registration certificate granted either:

   (a)  by the Registrar of Ships under section 19 of the
        Shipping Registration  Act 1981 ; or

   (b)  by a foreign registrar of ships.

"(10) In the case of a vessel that is operated by a person who is not an owner
of the vessel, a reference in this Act to the owner includes a reference to
the operator.".