South Australian Current Regulations South Australian Current Regulations (1) In these
regulations—
"Act" means the Harbors and Navigation Act 1993 ;
"certificate of registration", in relation to a vessel, means—
(a) a
certificate of registration issued in respect of the vessel under
regulation 82; or
(b) in
the case of a vessel registered in another jurisdiction—a corresponding
certificate or other document issued in respect of the vessel by the
marine authority of that jurisdiction,
(and a reference to a certificate of registration will be taken to include, if
the context permits, a reference to a replacement certificate of registration
issued under these regulations);
"channel", in relation to a harbor, means an area within the harbor regularly
used as a course for vessels entering, leaving or moving within the harbor;
"coast station" means a shore-based facility—
(a)
approved by the Minister for the purposes of communications by radio with
vessels and maintaining a radio watch; or
(b)
approved by the Minister by notice in the Gazette for the purposes of this
definition;
"Code" means the Uniform Shipping Laws Code endorsed by the Australian
Transport Council, as in force from time to time;
"container" means a crate, box, tank, flat or cylinder that is designed and
constructed—
(a) for
continuous use as an adjunct to cargo handling and transportation; and
(b) to
facilitate the transportation of goods from the place at which they are packed
to the place at which they are to be unpacked without the need for the goods
to be unloaded from or reloaded into the crate, box, tank, flat or cylinder;
and
(c) to
facilitate transportation by means of more than 1 mode of transport; and
(d) with
devices so as to enable it to be readily handled between 1 mode of
transport and another; and
(e) to
carry a load the volume of which is at least 1 cubic metre;
"EPIRB" means an emergency position indicating radio beacon;
"fishing apparatus" means an implement, apparatus, device or substance for
taking or facilitating the taking of an aquatic resource (within the meaning
of the Fisheries Management Act 2007 );
"gross tonnage" means—
(a) in
relation to a commercial vessel that is registered by a marine authority of
the Commonwealth or a State or a Territory of the Commonwealth—the
gross tonnage specified in the vessel's certificate of registration; or
(b) in
relation to a commercial vessel that is not so registered—the amount of
measured tonnage calculated in accordance with the International Convention on
Tonnage Measurements of Ships 1969 as set out in the Navigation Act 2012 of
the Commonwealth;
"identification mark", in relation to a vessel that is registered under these
regulations, means the identification mark assigned to the vessel under
regulation 83;
Note—
A HIN on a HIN plate affixed to a vessel in accordance with Part 9
Division 2 Subdivision 6 is not an identification mark within the
meaning of this definition.
"inland waters" means navigable waterways or bodies of water in the State
excluding any waters within the ebb and flow of the tide;
"ISO" means an International Standard, published by the International
Organization for Standardization, as in force from time to time;
"kiteboard" means a vessel (being a surfboard or similar item) propelled by a
kite tethered to the vessel or the operator of the vessel;
"lifejacket level 50" means a lifejacket that complies with any of the
following requirements:
(a) AS
4758.1:2022: Lifejackets—General requirements in relation to a
lifejacket classified as providing level 50 buoyancy;
(b) AS
4758.1:2015: Lifejackets—General requirements in relation to a
lifejacket classified as providing level 50 buoyancy;
(c) AS
4758.1—2008: Personal flotation devices—General requirements in
relation to a lifejacket classified as providing level 50 buoyancy;
(d)
until 31 December 2024— Lifejacket Type—2
AS 1499—1996, as in force on 1 January 2008;
(e)
European Standard EN393-1993 Lifejackets-50N , as in force from time to time;
(f) ISO
12402-5, as in force from time to time;
(g) any
other standard or specification approved by the CE by notice in the Gazette
for the purposes of this paragraph;
"lifejacket level 50S" means a lifejacket that complies with any of the
following requirements:
(a) AS
4758.1:2022: Lifejackets—General requirements in relation to a
lifejacket classified as providing level 50 special purpose (50S) buoyancy;
(b) AS
4758.1:2015: Lifejackets—General requirements in relation to a
lifejacket classified as providing level 50 special purpose (50S)
buoyancy;
(c) AS
4758.1—2008: Personal flotation devices—General requirements in
relation to a lifejacket classified as providing level 50 special purpose
(50S) buoyancy;
(d)
until 31 December 2024— Lifejacket Type—3
AS 2260—1996, as in force on 1 January 2008;
(e) any
other standard or specification approved by the CE by notice in the Gazette
for the purposes of this paragraph;
"lifejacket level 100 or above" means—
(a) a
lifejacket that complies with any of the following requirements:
(i)
AS 4758.1:2022 : Lifejackets—General requirements
in relation to a lifejacket classified as providing level 100 or level 150
buoyancy (or more);
(ii)
AS 4758.1:2015 : Lifejackets—General requirements
in relation to a lifejacket classified as providing level 100 or
level 150 buoyancy (or more);
(iii)
AS 4758.1—2008: Personal flotation
devices—General requirements in relation to a lifejacket classified as
providing level 100 or level 150 buoyancy (or more);
(iv)
until 31 December 2024—
Lifejackets—Type 1 AS 1512—1996, as in force on
1 January 2008;
(v)
appendix R of section 10 of the Code;
(vi)
European Standard EN399-1993 Lifejackets-275N , as in
force from time to time;
(vii)
European Standard EN396-1993 Lifejackets-150N , as in
force from time to time;
(viii)
European Standard EN395-1993 Lifejackets-100N , as in
force from time to time;
(ix)
ISO 12402-2, as in force from time to time;
(x)
ISO 12402-3, as in force from time to time;
(xi)
ISO 12402-4, as in force from time to time;
(xii)
in the case of a lifejacket intended for use—
(A) by adults—Canadian General
Standards Board CAN/CGSB-65.11-M88, as in force from time to time;
(B) by children—Canadian General
Standards Board CAN/CGSB-65.15-M88, as in force from time to time;
(xiii)
Underwriters Laboratories Standards UL1180 Fully
inflatable lifejackets , as in force from time to time;
(xiv)
New Zealand Standard NZ5823:2001 Type 401, as in force
from time to time;
(xv)
any other standard or specification approved by the CE by
notice in the Gazette for the purposes of this paragraph; or
(b) a
lifejacket that complies with the requirements of Australian Maritime Safety
Authority Marine Orders Part 25 related to the type of lifejackets required to
be carried on Australian registered ships;
"long blast" means a blast of a whistle approximately 5 seconds in
duration;
"marine authority" means a marine authority of the Commonwealth, a State or a
Territory of the Commonwealth or a foreign country recognised by the CE as
having authority to issue certificates of competency, certificates of survey
or other similar documents;
"MF/HF radiotelephony equipment" means radiotelephony equipment that operates
at medium or high frequency;
"moor" means to make fast to the shore, a buoy, a jetty or a wharf or to
anchor;
"motorised canoe or kayak" means a canoe or kayak fitted with an electric
motor—
(i)
manufactured with a capacity of no more than 150 newtons;
and
(ii)
fitted and maintained to the manufacturer's
specifications; and
(iii)
containing a power source with a marine grade closed cell
12 volt battery;
"National Standard for Commercial Vessels" or
"NSCV" means the National Standard for Commercial Vessels endorsed by the
Australian Transport Council, as in force from time to time (and includes any
standard as in force from time to time referred to in the NSCV);
"navigation pass", in relation to a bridge, means the marked channel under the
bridge through which vessels are intended to navigate when passing under the
bridge;
"owner" of cargo or goods includes the consignor and consignee of the cargo or
goods;
"paddle board" includes a stand up paddle board;
"to park" a vehicle includes to leave the vehicle standing;
"partially smooth water"—the waters specified in Schedule 1
Part 2 are partially smooth waters;
"personal watercraft" means a device that—
(a) is
propelled by a motor; and
(b) has
a fully enclosed hull; and
(c) is
designed not to retain water if capsized; and
(d) is
designed to be operated by a person who sits astride, stands, or kneels on the
device,
and includes the device commonly referred to as a jet ski;
"planing attitude", in relation to a vessel, means the attitude of the vessel
when buoyancy has ceased to be its sole support and a proportion of its weight
is supported by the dynamic lift resulting from the speed of the vessel
through the water;
"Port River Expressway Bridges" means—
(a) the
road bridge (including any fendering that forms part of the navigation pass of
the bridge); and
(b) the
rail bridge (including any fendering that forms part of the navigation pass of
the bridge),
constructed as part of the authorised project (within the meaning of the
Highways Act 1926 ) known as the Port River Expressway Project (and a
reference to a "Port River Expressway Bridge" will be taken to be a reference
to the road bridge or the rail bridge (as the case requires));
"potential speed", in relation to a vessel, means the maximum speed of which
the vessel is capable—
(a) when
moving through the water under its own power without assistance or hindrance
from tide, current or wind; and
(b) when
carrying no load apart from an operator and the equipment usually carried on
the vessel;
"Prevention of Collisions Convention" has the same meaning as in the
Navigation Act 2012 of the Commonwealth;
"protected waters" means inland waters other than Lakes Alexandrina and
Albert;
"qualifying entry voyage", in relation to an application for a pilotage
exemption certificate, means a voyage into the harbor (or section of the
harbor) in respect of which the application is made to a wharf, mooring or
anchorage—
(a) that
has been undertaken with a licensed pilot (or a master with a current pilotage
exemption certificate for that harbor or section of harbor) on board the
vessel; and
(b) that
has, in the opinion of the CE (formed after consultation with the
relevant port operator), been satisfactorily completed; and
(c) that
has been undertaken not more than 1 year before the date on which the
application is made;
"qualifying exit voyage", in relation to an application for a pilotage
exemption certificate, means a voyage out of the harbor (or section of the
harbor) in respect of which the application is made from a wharf, mooring or
anchorage—
(a) that
has been undertaken with a licensed pilot (or a master with a current pilotage
exemption certificate for that harbor or section of harbor) on board the
vessel; and
(b) that
has, in the opinion of the CE (formed after consultation with the
relevant port operator), been satisfactorily completed; and
(c) that
has been undertaken not more than 1 year before the date on which the
application is made;
"registered owner" of a vessel means a person recorded in the register of
vessels as the owner of the vessel;
Editorial Note—
The fact that a person is recorded as the registered owner of a vessel does
not, in itself, confer proprietary rights on the person in respect of the
vessel.
"relevant port operator", in relation to a harbor, means the port operator (if
any) operating a port comprising or including the whole or some of the land
and waters constituting the harbor;
"restricted area" means an area of water identified in Schedule 5
Part 1;
"repealed regulations" means the Harbors and Navigation Regulations 2009
;
"semi-protected waters" means waters inshore of a line 2 nautical miles
seaward of the Low Water Mark of a coast or of the banks of Lakes Alexandrina
and Albert;
"short blast" means a blast of a whistle approximately 1 second in
duration;
"smooth water"—the waters specified in Schedule 1 Part 1 are
smooth waters;
"surveyor" means a surveyor accredited or otherwise recognised under the
Marine Safety (Domestic Commercial Vessel) National Law ;
"underway", in relation to a vessel, means that the vessel is not moored or
aground;
"unprotected waters" means waters offshore of a line 2 nautical miles
seaward of the Low Water Mark of a coast or of the banks of Lakes Alexandrina
and Albert;
"V distress sheet" means a sheet of material—
(a) that
is not less than 1.8 m by 1.2 m in size; and
(b) that
is fluorescent orange-red in colour; and
(c) on
which is displayed the letter V in black, the V being not less than
0.8 m in height and the strokes forming the V being not less than
130 mm in breadth;
"VHF FM radiotelephony equipment" means radiotelephony equipment that operates
at very high frequency using frequency modulation;
"whistle" means any sound signalling device capable of producing the sound
signals required by these regulations.
(2) For the purposes
of these regulations, a reference in the Code or the
NSCV to the "Authority" will be taken to be a reference to the CE.
(3) For the purposes
of these regulations, a reference to a vessel of a particular class is a
reference to a vessel of that class as defined in Part B of the NSCV.
(4) For the purposes
of these regulations, unless the contrary intention
appears, a reference to a "harbor" includes a reference to a port.
(5) For the purposes
of these regulations, vessels will be regarded as in sight of one another only
when 1 can be observed visually from the other.
(6) For the purposes
of these regulations, a reference to a particular Australian Standard will,
unless the contrary intention appears, be taken to be a reference to that
standard as in force from time to time.
(7) For the purposes
of these regulations, a requirement to wear a lifejacket will be taken to
include a requirement that the device be of an appropriate size and properly
adjusted for the person who is wearing, or will be wearing the lifejacket.
(8) For the purposes
of these regulations, a reference to a lifejacket will, in relation to a
lifejacket worn or required to be worn by a child—
(a) less
than 12 years of age; or
(b)
weighing less than 40 kg,
be taken not to include a reference to a lifejacket that is designed to be
inflated manually.
(9) For the purposes
of these regulations, a requirement that a person wear, or that a vessel be
equipped with, a lifejacket will, in the case of a lifejacket that is designed
to inflate automatically on immersion, or to be inflated by the use of a gas
cylinder that forms part of the lifejacket, and that has been so inflated, be
taken to include a requirement that—
(a) the
lifejacket has been serviced in accordance with the manufacturer's
instructions; and
(b) has
not been inflated since being so serviced.
(10) For the purposes
of these regulations, a requirement that a vessel be equipped, for each person
on the vessel, with a lifejacket will be taken to include a requirement that
the device be of an appropriate size for the wearer and properly adjusted.
(11) For the purposes
of the definitions of "semi-protected
waters" and " unprotected waters", a reference to a
"coast" will be taken to be a reference to—
(a) the
coast of the mainland; and
(b) the
coast of Kangaroo Island.
(12) For the purposes
of paragraph (b) of the definition of
"crew" in section 4(1) of the Act, an observer (as contemplated by
regulation 122(5)) in a vessel towing a person is declared to be a member
of the vessel's crew.