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MARINE REGULATIONS 2009 (SR NO 180 OF 2009) - NOTES

S.R. No. 180/2009





















__________________

STATUTORY RULES 2009

S.R. No. 180/2009

Marine Act 1988

Marine Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 15 December 2009

Responsible Minister:
TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN
Clerk of the Executive Council

ENDNOTES

Endnotes


[1] Reg. 104: No. 52/1988. Reprint No. 7 as at 12 December 2007 and amending Act No. 17/2009.

[2] Reg. 1100: S.R. No 145/1999 and subsequently amended by S.R. No. 154/2005, 155/2005, 113/2008 and 126/2009. Reprinted to S.R. No. 82/2005.

——

Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

In this table—

"Uniform Shipping Laws Code" means the Uniform Shipping Laws Code adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette;

"International Code of Signals" means the International Code of Signals 4th edition published 2005 by the International Maritime Organization.

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 104—Definition of "dive flag"

International Code of Signals

Chapter 11 and Appendix 2 Code Flag A

Regulation 104—Definition of "enclosed waters"

Chart AUS 144 "Approaches to Port Phillip" as published by the Hydrographic Service, Royal Australian Navy on 14 September 2007

Chart AUS 150 "Western Port" as published by the Hydrographic Service, Royal Australian Navy on 22 March 1995

Whole



Whole

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 104—Definitions of hand-held orange smoke signal and hand-held red distress flare

Uniform Shipping Laws Code

Australian Standard AS 2092–2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004

Section 10 Appendix V

Whole

Regulation 104—Definition of Lakes Entrance Bar

Chart AUS 182 "Lakes Entrance" as published by the Hydrographic Service, Royal Australian Navy on 30 January 1998

Whole

Regulation 104—Definition of "length"

International Standard ISO 8666:2002(E) "Small craft—Principal data" as published by the International Standards Organization on 1 November 2002

Clause 5

Regulation 104—Definition of "lifebuoy"

Uniform Shipping Laws Code

Australian Standard AS 2261–1990 "Rescue buoys" as published by Standards Australia on 12 March 1990

Section 10 Appendix P

Whole

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 104—Definition of "marine radio"

Australian/New Zealand Standard AS/NZS 4415.2:2003 "Radiotelephone transmitters and receivers for the maritime mobile service operating in the VHF bands—Technical characteristics and methods of measurement—major coast stations, limited coast stations, ship stations and handheld stations (non DSC) (ETS 300 162:1998, MOD)" as published jointly by Standards Australia and Standards New Zealand on 28 January 2003

Part 2

Regulation 104—Definition of portable fire extinguisher

Australian/New Zealand Standard AS/NZS 1841.1:2007 "Portable fire extinguishers—Part 1: General requirements" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007

Australian/New Zealand Standard AS/NZ 1841.5:2007 "Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007

Whole






Whole

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document


Australian/New Zealand Standard AS/NZS 1850:2009 "Portable fire extinguishers—Classification, rating and performance testing" as published by Standards Australia on 20 March 2009

Whole

Regulation 104—Definition of Port Phillip Heads

Chart AUS 143 "Port Phillip" as published by the Hydrographic Service, Royal Australian Navy on 27 April 2007

Whole

Regulation 104—Definition of red star parachute distress rocket

Uniform Shipping Laws Code

Australian Standard AS 2092–2004 "Pyrotechnic marine distress flares and signals for pleasure craft" as published by Standards Australia on 10 May 2004

Section 10 Appendix V

Part 7

Regulation 206

Australian/New Zealand Standard AS/NZS 4280.1:2003 "406 MHz satellite distress beacons—Part 1: Marine emergency position-indicating radio beacons (EPIRB) (IEC 61097-2:2002, MOD)" as published jointly by Standards Australia and Standards New Zealand on 7 November 2003

Whole

Regulation 208

International Code of Signals

Code Flag R

Regulation 210

International Code of Signals

Code Flag R

Regulation 211

Uniform Shipping Laws Code

Section 14

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 212

National Standard for Commercial Vessels Part E "Operational Practices" published October 2008 by the National Marine Safety Committee

Uniform Shipping Laws Code

Part E




Sections 5A, 5B, 5C (except clause 5C.15), 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5K, 5L and 5M, 6, 7 (except clauses 74.4 and 74.5), 8A, 8B, 8C, 9, 10, 11, 12 and 13

Regulation 213

Uniform Shipping Laws Code

Section 18 (except clauses 2.4.1, 2.5.1, 2.5.3 and Part 3 and Part 4)

Regulation 229

Australian/New Zealand Standard AS/NZS 3504:2006 "Fire blankets" as published jointly by Standards Australia and Standards New Zealand on 5 January 1995

International Standard ISO 9094-1 2003 "Small craft—Fire protection—Part 1: Craft with a hull length of up to and including 15 m" as published by the International Standards Organization on 1 February 2003

Whole




Whole

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document


International Standard ISO 9094-2 2002 "Small craft—Fire protection—Part 2: Craft with a hull length of over 15 m" as published by the International Standards Organization on 15 November 2002

Whole

Regulation 300

National Standard for Commercial Vessels Part D "Crew Competencies" published August 2006 by the National Marine Safety Committee

Part D

Regulation 301

National Standard for Commercial Vessels Part D "Crew Competencies" published August 2006 by the National Marine Safety Committee

Part D

Regulation 302

National Standard for Commercial Vessels Part D "Crew Competencies" published August 2006 by the National Marine Safety Committee

Part D

Regulation 303

National Standard for Commercial Vessels Part D "Crew Competencies" published August 2006 by the National Marine Safety Committee

Annex D of Part D

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Schedule 2—Definition of "recognised appraiser"

European Union directive 96/98/EC "Maritime Equipment Directive, Module B (MED-B)/ (31996L0098)" published by European Union 20 December 1996

Whole

Schedule 2—Part 2—PFD Type 1

Australian Standard AS 1512–1996 "Personal flotation devices—Type 1" as published by Standards Australia on 5 January 1996

Australian Standard AS 4758.1–2008 "Personal flotation devices Part 1: General requirements" as published by Standards Australia on 2 December 2008

Whole



Whole


Australian Maritime Safety Authority Marine Orders Part 25—SOLAS (Safety of Life at Sea) Lifejackets as published by the Australian Maritime Safety Authority on 15 February 2002

Uniform Shipping Laws Code

International Standard ISO 12402-2:2006 "Personal flotation devices—Part 2: Lifejackets, performance level 275—Safety requirements" as published by the International Standards Organization on 1 September 2006

Appendix 1 Section 4.1




Section 10 Appendix R

Whole

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document


International Standard ISO 12402-3:2006 "Personal flotation devices—Part 3: Lifejackets, performance level 150—Safety requirements" as published by the International Standards Organization on 1 September 2006

International Standard ISO 12402-4:2006 "Personal flotation devices—Part 4: Lifejackets, performance level 100—Safety requirements" as published by the International Standards Organization on 1 September 2006

Whole







Whole








European Standard EN 399:1994 "Lifejackets and personal buoyancy aids—Lifejackets―275N" as published by the European Union on 16 December 1994 and amended by EN 399/A1–1998 on 6 November 1998

European Standard EN 396:1994 "Lifejackets and personal buoyancy aids—Lifejackets―150N" as published by the European Union on 16 December 1994 and amended by EN 399/A1–1998 on 6 November 1998

Whole






Whole






Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document


European Standard EN 395:1995 "Lifejackets and personal buoyancy aids—Lifejackets—100N" as published by the European Union on 16 December 1994 and amended by EN 399/A1–1998 on 6 November 1998

Canadian General Standard CAN/CGSB-65.11-M88 "Personal Flotation Devices" as published by the Canadian General Standards Board on 1 February 1988 and amended on 1 January 1997

Whole






Whole






Canadian General Standard CAN/CGSB-65.15-M88 "Personal Flotation Devices for Children" as published by the Canadian General Standards Board on 1 April 1988 and amended on 1 January 1997

Underwriters Laboratories Standard UL 1180 "Fully Inflatable Recreational Personal Flotation Devices" as published by Underwriters Laboratories on 15 May 1995

New Zealand Standard NZS 5823:2001 "Specification for Buoyancy Aids and Marine Safety Harnesses and Lines" as published by Standards New Zealand on 30 March 2001

Whole






Whole




Section 401



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Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Schedule 2—Part 3—PFD Type 2

Australian Standard AS 1499–1996 "Personal flotation devices—Type 2" as published by Standards Australia on 5 January 1996

Australian Standard AS 4758.1–2008 "Personal flotation devices Part 1: General requirements" as published by Standards Australia on 2 December 2008

European Standard EN 393:1994 "Lifejackets and personal buoyancy aidsBuoyancy aids—50N" as published by the European Union on 16 December 1994

Whole



Whole



Whole


International Standard ISO 12402-5:2006 "Personal flotation devices—Part 5: Buoyancy aids (level 50)—Safety requirements" as published by the International Standards Organization on 1 September 2006

Whole

Schedule 2—Part 4—PFD Type 3

Australian Standard AS 2260–1996 "Personal flotation devices—Type 3" as published by Standards Australia on 5 January 1996

Australian Standard AS 4758.1–2008 "Personal flotation devices—Part 1: General requirements" as published by Standards Australia on 2 December 2008

Whole



Whole