New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982 - SECT 136A

136A Definitions

(1) In this Division:

"authorized person" means:

(a) a member of the police force, or

(b) a person, or a person included in a class of persons, authorized to perform duties under this Division in accordance with subsection (2).

"exempt vessel" , in relation to a safety zone, means a vessel:

(a) that is excluded from the operation of section 120 in relation to that safety zone by virtue of the instrument establishing the safety zone, or

(b) in respect of which there is in force a consent in writing of the Minister under section 120 (1) in relation to that safety zone.

"Government vessel" means a vessel that is beneficially owned by, or a vessel the whole possession and control of which is for the time being vested in, the State, another State, the Commonwealth or a Territory or an authority of the State, another State, the Commonwealth or a Territory.

"master" , in relation to a vessel, means the person having command or charge of the vessel.

"relevant vessel" means a vessel:

(a) that is registered under the Shipping Registration Act 1981 of the Commonwealth and the gross tonnage of which specified in the certificate of registration of the vessel exceeds 200,

(b) that is not registered under the Shipping Registration Act 1981 of the Commonwealth but is permitted to be registered under that Act (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag), being a vessel the tonnage length of which is equal to or exceeds 24 metres, or

(c) not being a vessel to which paragraph (a) or (b) applies, that is in the adjacent area for the purpose of exploring the sea-bed or subsoil of the adjacent area for petroleum or minerals or for the purpose of exploiting the natural resources, being petroleum or minerals, of that sea-bed or subsoil,

but does not include a Government vessel.

"safety zone" means an area that is a safety zone for the purposes of section 120.

(2) The Minister may, by notice published in the Gazette, authorize a person, or a person included in a specified class of persons, to perform duties under this Division.

(3) The reference in the definition of
"Government vessel" in subsection (1) to an authority of the State, another State, the Commonwealth or a Territory shall be read as a reference to a body corporate established for a public purpose by or under a law of the State, another State, the Commonwealth or Territory, as the case may be, other than:

(a) the Australian Shipping Commission,

(b) the Western Australian Coastal Shipping Commission,

(c) the Transport Commission established under the Transport Act 1938 of Tasmania, or

(d) a body corporate that is declared by regulations made under the Shipping Registration Act 1981 of the Commonwealth not to be a Government authority for the purposes of that Act.

(4) For the purposes of this Division, the tonnage length of a ship shall be determined in the same manner as it is determined for the purposes of the Shipping Registration Act 1981 of the Commonwealth.