Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1991 No. 296 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 3

3. New Part 4A
  3.1   After regulation 26, insert:


"PART 4A-COMPULSORY PILOTAGE Exemption from requirement to navigate with a
pilot-prescribed information

"26A. (1) For the purposes of subsection 59F (2) of the Act, so much of the
following information as the Minister considers is needed to enable a decision
to be made in respect of an application, is prescribed information in relation
to the application:

   (a)  the name and address of the applicant;

   (b)  identification of the subject regulated ship by registered name,
        registered callsign and country of registration;

   (c)  description of the ship by type, maximum length, maximum width,
        maximum draft and maximum displacement;

   (d)  the proposed maximum draft of the ship during navigation in the
        compulsory pilotage area;

   (e)  details of:

        (i)    the design of the ship; and

        (ii)   the material of which the hull is constructed;

   (f)  details of:

        (i)    the geographic area of the compulsory pilotage area in which
               the ship will be navigated; and

        (ii)   the purpose of the navigation;

   (g)  details of the intended operations of the ship that are of relevance
        to the application and the schedule for those operations;

   (h)  details of operational navigational equipment with which the ship is
        fitted;

   (i)  in respect of the persons who will be the master, and the navigational
        watchkeepers, of the ship at any time when it is in the compulsory
        pilotage area, details of:

        (i)    their maritime qualifications; and

        (ii)   their recent navigational experience in the compulsory pilotage
               area;

   (j)  details of:

        (i)    the maximum quantity of oil the ship is capable of carrying;
               and

        (ii)   the types, quantities and location in the ship of oil intended
               to be carried in the compulsory pilotage area;

   (k)  details of cargo on the ship, including, if hazardous goods are
        carried, the types and quantities of the hazardous goods.

"(2) In this regulation: "hazardous goods" means:

   (a)  dangerous goods within the meaning of section 248 of the Navigation
        Act 1912; and

   (b)  noxious liquid substances within the meaning of Part III of the
        Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
        "oil" means an oil or an oily mixture within the meaning of Part II of
        the Protection of the Sea (Prevention of Pollution from Ships) Act
        1983. Minister may request further information

"26B. (1) If the Minister considers that the information contained in an
application under section 59F of the Act is insufficient to enable a decision
to be made in respect of the application, the Minister may, in writing,
request the applicant to give such further information as is specified in the
request.

"(2) An application is taken to have lapsed if the applicant does not give the
further information before:

   (a)  the end of 60 days after the Minister makes the request to the
        applicant; or

   (b)  the end of any longer period that the Minister allows. Exemption may
        be conditional

"26C. An exemption granted under section 59F of the Act may be expressed to be
conditional on compliance by the recipient with any requirements the Minister
specifies to be necessary to attain the objects of Part VIIA of the Act.
Applicant's duty to notify of changes in prescribed information

"26D. If, before a ship for which exemption is given under section 59F of the
Act leaves the compulsory pilotage area:

   (a)  information given to the Minister by the applicant for the exemption
        becomes inaccurate; and

   (b)  the matter so affecting that information is a matter that, if known by
        the Minister, could alter the Minister's opinion under subsection 59F
        (3) of the Act; the master or owner of the ship must inform the
        Minister, in writing and without delay, of that matter. Termination of
        exemption in certain circumstances

"26E. If:

   (a)  a condition specified in relation to the grant of an exemption is
        contravened by the recipient; or

   (b)  regulation 26D is contravened by the owner and master of an exempted
        ship; the relevant exemption is taken to be of no effect.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback