Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 2016 - REG 41

41 Application of part

(1) This part applies to a Queensland regulated ship unless this section provides otherwise.

(2) This part does not apply to any of the following—

(a) a second-hand ship;

(b) an amphibious vehicle;

(c) a canoe, kayak, surf ski or similar ship designed to be powered by paddle;

(d) a pedal-powered boat;

(e) a rowing shell used for racing or rowing training;

(f) a sailboard, sail kite or other similar ship;

(g) a surf row boat;

(h) a hydrofoil or hovercraft;

(i) a sailing ship;

(j) a submersible;

(k) an aquatic toy.

(3) This part does not apply to a Queensland regulated ship that, before 29 September 2006, had reached a stage of construction of having the keel laid or a stage of construction at which—

(a) the ship was identifiable as a ship of a particular type; and

(b) a part of the ship had been fabricated and assembled and that part had a mass of at least 50t or 1% of the mass of all structural material of the proposed completed ship, whichever is the lesser.

(4) This part does not apply to a Queensland regulated ship that is a personal watercraft if the following information is written on or attached to the ship in a clearly visible place—

(a) the total weight, expressed in kilograms, of persons and equipment that the ship may carry, as recommended by the builder of the ship;

(b) the maximum number of persons the ship may carry, as recommended by the builder of the ship.

(5) This part does not apply to a Queensland regulated ship that is an inflatable boat to which ISO 6185 (Inflatable boats) applies if the ship—

(a) has a plate attached to it stating the ship complies with the requirements of the relevant European Recreational Craft Directive; or

(b) has a plate attached to it stating that the ship complies with the requirements of the US National Marine Manufacturers Association set out in the association’s handbook called the NMMA Certification Handbook.

(6) In this section—

"aquatic toy" means an object designed primarily for play in or on water, including, for example—

(a) an object designed solely to be towed behind a recreational ship; and

(b) an inflatable boat to which ISO 6185 (Inflatable boats) does not apply.

"ISO" means a standard published by the International Organization for Standardization.

"owner builder" , of a ship, means an individual who builds the ship for the individual’s own use.

"relevant European Recreational Craft Directive" means a directive made by the European Parliament and the Council of the European Union relating to recreational craft that was in force at the time the ship was built.

Note—

At the commencement of this definition, relevant European Recreational Craft Directives are available at http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/recreational-craft/index_en.htm.

"sailing ship" means a ship designed to have sail as the primary way of propulsion, with or without an auxiliary way of mechanical propulsion.

"second-hand ship" means a ship that has been used previously, other than used only as follows—

(a) in the course of being built or tested;

(b) by the owner builder of the ship;

(c) by the builder of the ship;

(d) for transporting the ship for sale;

(e) for demonstrating the ship to a purchaser.