TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016

Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016

- Made under the Transport Operations (Marine Safety) Act 1994
- As at 9 September 2024
- Reg 154 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. Vessels that are not ships—Act, s 10
5. Measurement of position
6. References to length of ship

CHAPTER 2 - SAFETY EQUIPMENT FOR QUEENSLAND REGULATED SHIPS

PART 1 - GENERAL

7. Purpose of chapter
8. Equipment to which s 44 of the Act applies

PART 2 - EPIRB FOR PARTICULAR QUEENSLAND REGULATED SHIPS

9. Application of part
10. Ship to be equipped with EPIRB

PART 3 - OTHER SAFETY EQUIPMENT FOR PARTICULAR QUEENSLAND REGULATED SHIPS

11. Application of part
12. Lighting devices for signalling for ship on water at night
13. Safety equipment for ship, other than a personal watercraft or tender, operating in smooth waters
14. Safety equipment for ship, other than a personal watercraft or tender, operating in or beyond partially smooth waters
15. Safety equipment for a personal watercraft
16. Stowage and accessibility of safety equipment

PART 4 - OTHER SAFETY EQUIPMENT FOR PARTICULAR TENDERS

17. Application of part
18. Lighting device for signalling for tender on water at night
19. Safety equipment for tender operating in smooth waters
20. Safety equipment for tender operating in or beyond partially smooth waters

PART 5 - PROVISIONS ABOUT LIFEJACKETS FOR QUEENSLAND REGULATED SHIPS

21. Application of part
22. What is the required lifejacket for a ship
23. Using custom-made lifejacket instead of required lifejacket
24. When ship is taken to be equipped with required lifejacket

PART 6 - EXPIRY DATE AND SERVICE REQUIREMENT FOR SAFETY EQUIPMENT

25. Expiry date and service requirement for particular safety equipment

CHAPTER 3 - REGISTRATION OF QUEENSLAND REGULATED SHIPS AND RELATED MATTERS

PART 1 - REGISTRATION OF QUEENSLAND REGULATED SHIPS

26. Application of registration requirements—Act, s 54
27. Requirement to register
28. General power to register
29. New registration of prescribed other Queensland regulated ship
30. Statutory conditions of registration of other Queensland regulated ship
31. Imposition of conditions on registration of prescribed other Queensland regulated ship
32. Ship may not be registered without builders plate
33. Use of registered other Queensland regulated ship for private recreation

PART 2 - REGISTER OF REGISTERED QUEENSLAND REGULATED SHIPS

34. Keeping register
35. Inspection of register
36. Release of ship-related information for particular purposes

PART 3 - DISPLAY OF REGISTRATION MATERIAL ON QUEENSLAND REGULATED SHIPS

37. Registration number
38. (Repealed)
39. Markings for particular tenders

PART 4 - BUILDERS PLATES

Division 1 - Preliminary

40. Main purpose of part
41. Application of part
42. Variation of ABP Standard

Division 2 - Selling Queensland regulated ships without builders plate

43. Ship for sale must have builders plate
44. Defence relating to prescribed other Queensland regulated ships
45. Defence that plate already fixed
46. Defence if ship to be exported
47. Defence if ship for racing purposes

Division 3 - Requirements about builders plates

48. Application of division
49. Who may approve information on builders plate
50. Offence about approval of information on builders plate
51. Offence about fixing builders plates to ships
52. Builders plate not to be changed

PART 5 - RESTRICTED USE AUTHORITIES FOR QUEENSLAND REGULATED SHIPS

53. Granting a restricted use authority
54. Offences relating to restricted use authority

CHAPTER 4 - LICENCES TO OPERATE PARTICULAR QUEENSLAND REGULATED SHIPS

PART 1 - LICENSING OF MASTERS AND CREW MEMBERS

Division 1 - Application of licensing requirement

55. Ships to which pt 5, div 2 of the Act applies—Act, s 59A

Division 2 - Licensing requirement

56. Purpose of division
57. Required licence if s 58 does not apply
58. Required licence for particular ships

Division 3 - Licensing responsibilities of owners and masters

59. Ensuring master and crew members hold required licence
60. Operation of Queensland regulated ship by unlicensed person

Division 4 - Grant of licences

61. Chief executive or general manager may grant licence
62. Qualifying for recreational marine driver licence
63. Qualifying for personal watercraft licence
64. Examination of applicant for licence

Division 5 - Examining approvals and training program approvals

65. Grant of examining approval
66. Qualifying for examining approval
67. Grant of training program approval
68. Qualifying for training program approval

PART 2 - LICENSING OF PILOTS

69. Ships to which pt 5, div 3 of the Act applies—Act, s 61A
70. Required licence to have the conduct of a ship as its pilot
71. General manager may grant pilot licence
72. Qualifying for pilot licence
73. Examination of applicant for pilot licence

PART 3 - TEMPORARY PERMITS FOR PRESCRIBED OTHER QUEENSLAND REGULATED SHIPS

74. Application of part
75. General manager may grant temporary permit for master or crew member

CHAPTER 5 - SHIP OPERATIONS

PART 1 - SIGNALS

76. Signals of distress—Act, s 206
77. Consent to use or display prescribed signal for training or demonstration
78. Prescribed signal and information—Act, s 129

PART 2 - PREVENTION OF COLLISIONS

79. Application of collision regulations
80. Particular ships must use light while underway

PART 3 - SPEED LIMITS AND OTHER RESTRICTIONS

81. Speed limit for ship, other than personal watercraft, operating in particular places
82. Speed limit for personal watercraft operating in particular places
83. Speed limit for ship if wash can cause marine incident or shoreline damage
84. Exception for ship operated at speed necessary for safety
85. Interfering with speed sign
86. Other restrictions for personal watercraft operating in particular places

PART 4 - DANGEROUS CARGO

Division 1 - General duties

87. Duties of person sending dangerous cargo by ship
88. Duties of owner or master about dangerous cargo

Division 2 - Dangerous cargo codes

89. Application of dangerous cargo codes

Division 3 - General reporting requirements for ship with dangerous cargo

90. Reporting requirement for ship other than ship operated on local marine service
91. Reporting requirement for ship operated on local marine service
92. Time for giving report

Division 4 - Other reporting requirements

93. Reporting dangerous cargo event
94. General manager may require declaration about ship’s cargo

Division 5 - Loading restriction

95. Restriction on loading combination carrier

PART 5 - OTHER PROVISIONS

96. Operation of ship by enforcement officer
97. Application of pt 14, div 2 of the Act—Act, s 187
98. Start and end of particular business activities to be notified

CHAPTER 6 - AUTHORITIES, MARINE LICENCES AND MARINE LICENCE INDICATORS

PART 1 - INTERPRETATION

99. Who is an administering agency
100. What is an authority

PART 2 - AUTHORITIES

Division 1 - How authority is obtained

101. Making application
102. Administering agency may request further information
103. Administering agency to decide application within 30 days
104. Temporary authority for registration of particular ships or pilot licence
105. Grant of authority on conditions
106. Term of authority
107. Issuing of document evidencing authority if application granted
108. Refusal of application

Division 2 - Renewal of authority

109. Application for renewal
110. Div 1 applies to application for renewal

Division 3 - Amendment of authority

111. Amendment at holder’s request
112. Amendment on administering agency’s initiative
113. When amendment takes effect
114. Document evidencing authority to be updated after amendment

Division 4 - Suspension or cancellation of authority and action after marine incident

115. Grounds for suspension or cancellation
116. Procedure for suspension or cancellation
117. Action by general manager after marine incident
118. Extension or ending of suspension or amendment after marine incident
119. Effect of suspension on renewal of authority
120. Document evidencing authority to be returned after suspension or cancellation

Division 5 - Other provisions about authorities

121. Holder to notify change of address
122. Keeping document evidencing authority
123. Defacing or changing document evidencing authority
124. Replacement of document evidencing authority
125. Surrender of authority

PART 3 - MARINE LICENCES AND MARINE LICENCE INDICATORS

Division 1 - How marine licence or marine licence indicator is obtained

126. Making application
127. Administering agency to decide application within 30 days
128. Grant of marine licence on conditions
129. Term of marine licence and smartcard marine licence indicator
130. Giving of marine licence indicator if application granted
131. Codes on marine licence indicators
132. Refusal of application for marine licence or marine licence indicator

Division 2 - Renewal of smartcard marine licence indicator

133. Application for renewal
134. Application for renewal by electronic communication
135. Div 1 applies to application for renewal

Division 3 - Amendment of marine licence

136. Amendment at holder’s request
137. Amendment on administering agency’s initiative
138. When amendment takes effect
139. Marine licence indicator to be updated or replaced after amendment or correction

Division 4 - Suspension or cancellation of marine licence and action after marine incident

140. Grounds for suspension or cancellation
141. Procedure for suspension or cancellation
142. Action by general manager after marine incident
143. Extension or ending of suspension or amendment after marine incident
144. Smartcard marine licence indicator to be returned after cancellation of marine licence

Division 5 - Other provisions

145. Holder to notify change of name or address
146. Replacement label
147. Keeping marine licence indicator
148. Damaging or changing marine licence indicator
149. Administering agency may direct destruction of superseded marine licence indicator
150. Replacement of marine licence indicator
151. Surrender of marine licence
152. Only 1 marine licence of the same type to be held at the same time
153. Notifiable events under other Acts
154. Possessing another person’s smartcard marine licence indicator
155. Document purporting to be smartcard marine licence indicator

PART 3A - (Expired)

PART 4 - OTHER PROVISIONS

Division 1 - Particular provisions about restricted licences and licence disqualifications

156. Application for variation of restrictions—Act, s 202K
157. Notice about application for removal of disqualification—Act, s 202L

Division 2 - Transfer of Queensland regulated ship’s registration

158. Transfer of Queensland regulated ship’s registration
159. Particular provisions of part 2 apply to transfer of Queensland regulated ship’s registration

Division 3 - Issuing particular documents evidencing registration electronically

159A. Document evidencing registration of Queensland regulated ship

CHAPTER 7 - PILOTAGE AREAS, COMPULSORY PILOTAGE AREAS AND PILOTS

PART 1 - PILOTAGE AREAS AND COMPULSORY PILOTAGE AREAS

160. Declaration of pilotage areas and compulsory pilotage areas—Act, s 71(a)
161. Responsible pilotage entities for compulsory pilotage areas—Act, s 71A
162. Harbour masters for pilotage area

PART 2 - PILOTS

163. Application of pt 8 of the Act—Act, s 98
164. Transfer of pilot to ship
165. Master to give pilotage charge to pilot
166. Pilotage exemption certificate
167. Pilots and fatigue management

PART 3 - REPORTING OBLIGATIONS

Division 1 - General reporting obligations

168. Reporting movement of ship mentioned in s 163(1)
169. Reporting movement of ship 35m or more but less than 50m

Division 2 - Reporting ship movements to vessel traffic services

170. Application of division
171. Entering pilotage area
172. Navigating ship from berth or anchorage
173. Reaching destination
174. Ship entering pilotage area using services of a pilot
175. Ship navigating in pilotage area using services of a pilot

Division 3 - Other reporting obligation

176. Report requested by harbour master

CHAPTER 8 - MARINE ZONES

177. Marine zones
178. Operating ship in marine zone in contravention of requirement
179. Proposal for marine zone
180. Consultation for marine zone

CHAPTER 9 - OTHER MATTERS ABOUT MARINE SAFETY

PART 1 - EXERCISE OF PARTICULAR POWERS BY HARBOUR MASTERS

181. Approval of harbour master to exercise powers under this chapter

PART 2 - BUOY MOORINGS

Division 1 - Establishing buoy mooring in Queensland waters other than Gold Coast waters

182. Buoy mooring category areas
183. Establishment of unauthorised buoy mooring

Division 2 - Establishing buoy mooring in Gold Coast waters

184. Buoy mooring category areas
185. Establishment of unauthorised buoy mooring

Division 3 - Approval of establishment of buoy mooring

186. Approval of establishment of buoy mooring
187. Limitations on buoy mooring approvals
188. Conditions of buoy mooring approvals

Division 4 - Other obligations about established buoy moorings

189. Notice of establishment of buoy mooring
190. Buoy mooring to display identifying number
191. Unlawful use of buoy mooring
192. Removal of buoy mooring on expiry, cancellation or surrender of approval

PART 3 - CARRYING OUT DIRECTIONS GIVEN UNDER THIS CHAPTER

193. Issuing entity may carry out direction
194. Recovery by State of expenses of carrying out direction

PART 4 - RESTRICTIONS ON ANCHORING OR OPERATING SHIPS

195. Anchoring in particular places
196. Ship operations near particular structures
197. Ship operations or activities endangering marine safety

PART 5 - OTHER SAFETY MATTERS

198. Aquatic events
199. Waterskiing

CHAPTER 10 - MISCELLANEOUS

PART 1 - FEES AND CHARGES, OTHER THAN PILOTAGE FEES AND CONSERVANCY DUES

200. Fees and charges
201. Exemption or concession from registration fees
202. Refund of fees if application refused
203. Refund of fees if registration surrendered
204. Refund of criminal history fees for training program approval
205. Waiver of criminal history fee for training program approval

PART 2 - PILOTAGE FEES AND CONSERVANCY DUES

Division 1 - Pilotage fees

206. Application of division
206A. Fees for navigating ship in pilotage area using pilot
206B. Fees for cancelling pilotage services
206C. Fees for delaying pilotage services
207. Exemption from pilotage fee for removal of a ship that is part of arrival or departure

Division 2 - Conservancy dues

208. Conservancy dues
208A. When conservancy dues are payable
209. Exemption for conservancy dues for ships arriving at a pilotage area for particular purposes
209A. Exemption for conservancy dues for ships in Amrun pilotage area

Division 3 - General

210. Liability for pilotage fees and conservancy dues
210A. Rounding of amounts expressed as numbers of fee units

PART 3 - OTHER PROVISIONS

211. Interfering with sign
212. Appointment of shipping inspectors
213. Where register of division 3 undertakings must be kept

CHAPTER 11 - REPEALS AND TRANSITIONAL PROVISIONS

PART 1 - REPEALS

214. Repeals

PART 2 - TRANSITIONAL PROVISIONS FOR SL NO. 154 OF 2016

Division 1 - Preliminary

215. Definitions for part

Division 2 - Provisions about authorities, marine licences and marine licence indicators

216. 2004 authorities and marine licence indicators continued
217. Application relating to 2004 authority or marine licence indicator taken to be application under equivalent provision
218. Restricted use flag consent taken to be restricted use authority
219. Application for restricted use flag consent taken to be application for restricted use authority
220. Temporary pilot licence continues
221. Registration condition about maximum number of persons continues
222. Requirement to display registration certificate for particular ships continues
223. Particular requirements about changes relating to 2004 authority or marine licence indicator continue

Division 3 - Provisions about safety equipment

224. Registered EPIRB under 2004 regulation taken to have up-to-date registration
225. Personal flotation devices under 2004 regulation taken to be lifejackets
226. Statements about positive flotation taken to be statements about level flotation
227. Safety equipment requirement about life rafts continues

Division 4 - Other provisions

228. Requirement to keep particular documents about accreditation continues
229. Application of particular reporting requirements to matters arising before commencement
230. Gazette notices and written agreements about buoy moorings continue
231. Other gazette notices continue
232. Directions given under former ss 205, 208 or 215 continue
233. Entitlement to recover costs for action taken under former s 216 continues
234. Copy of former authorities may be given to person with interest in ship
235. References to 2004 regulation

PART 3 - TRANSITIONAL PROVISION FOR TRANSPORT AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 1) 2019

236. Application of s 222

PART 4 - TRANSITIONAL PROVISIONS FOR TRANSPORT LEGISLATION AMENDMENT REGULATION (NO. 3) 2021

237. Definitions for part
238. Application of s 30 during transitional period
239. Application of s 32 during transitional period
240. Provision for particular offences during transitional period
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5A
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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