Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 163

163 Application of pt 8 of the Act—Act, s 98

(1) The following ships are ships to which part 8 of the Act applies—

(a) a ship that is 50m or more;

(b) a small ship (the
"relevant ship" ) if—

(i) it is combined with another small ship for propelling 1 of the ships; and

(ii) the combined length of the ships is 50m or more; and

(iii) the master of the relevant ship has command of the combined ships;

(c) a ship whose owner or master asks for the services of a pilot;

(d) a ship whose master is directed by a harbour master to use the services of a pilot.

(2) However, part 8 of the Act does not apply to a ship mentioned in subsection (1)(a) or (b) if—

(a) the ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or

(b) the ship—

(i) is a dredge operating only in a pilotage area; and

(ii) is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and

(iii) is being operated by a person—

(A) who holds a relevant authority; and

(B) who the general manager considers is competent to operate the ship in the area.

(3) In this section—

"relevant authority" means—

(a) a certificate of competency under the national law to operate a domestic commercial vessel as its master; or

(b) a licence issued under the law of another country that is—

(i) issued by the same country in which the ship is registered; and

(ii) the equivalent of the certificate mentioned in paragraph (a).

"small ship" means a ship that is less than 50m.