Western Australian Current Regulations

W.A. MARINE (CERTIFICATES OF COMPETENCY AND SAFETY MANNING) REGULATIONS 1983 - REG 3

3 .         Terms used

                In these regulations unless the contrary intention appears —

        Annex C means Annex C to NSCV Part D;

        applicant means a person who applies to be examined for a certificate of competency;

        Australian marine authority means the statutory marine authority of the Commonwealth or of a State or Territory;

        certificate of competency means a document granted or recognised by the chief executive officer which certifies that the holder is duly qualified to fulfil the duties of a position on a vessel appropriate to the class of certificate and includes a certificate of satisfactory service and a temporary permit to serve in a designated capacity on a designated vessel in a particular operating area;

        chief engineer means the senior engineer officer who is permanently responsible for the mechanical propulsion of the vessel;

        chief mate means an officer next in rank to the master and upon whom the command of the vessel will fall in the event of death or disability of the master;

        Code means the Uniform Shipping Laws Code, referred to in section 115 of the Act, as in existence on 1 October 2009;

        endorsement means any annotation made by the chief executive officer on a certificate of competency indicating the chief executive officer’s approval or acceptance under regulation 9 of any extension of the authority conferred by the certificate;

        marine authority means —

            (a)         an Australian marine authority; or

            (b)         the marine authority of another country if there is an agreement between the Commonwealth and that other country under which the Commonwealth recognises that other country’s certificates of competency;

        measured length or length means the distance from the fore part of the hull to the after part of the hull taken at the upperside of the uppermost weathertight deck or, in the case of open vessels, at the height of the gunwale and measured in accordance with Appendix A to Section 1 of the Code;

        NSCV Part D means the provisions of Part D of the NSCV declared under the Navigation Act 1912 (Commonwealth) section 427(3)(a) as in existence by order published in the Commonwealth of Australia Gazette on 27 September 2006;

        propulsion power  —

            (a)         in the case of a multi screw vessel of less than 35 metres in length for use in sheltered waters, inshore, restricted offshore or offshore operations where the propulsion engines of which are similar and designed for a continuous rotational speed of more than 1 200 revolutions per minute, means the maximum continuous rated power in kilowatts of the machinery provided for the propulsion of the vessel by one screw; and

            (b)         in the case of any other vessel, means the total maximum continuous rated power in kilowatts of all the machinery provided for propulsion of the vessel;

        qualifying numeral for the purpose of engineer qualification and safety manning means —

            (a)         measured length in metres; or

            (b)         propulsion power divided by 15,

        whichever is the greater;

        qualifying service in relation to engineering certificates of competency, means service afloat assisting to operate and maintain the propulsion machinery;

        restriction means any annotation made by the chief executive officer on a certificate of competency indicating the chief executive officer’s approval or acceptance under regulation 9 of any limitation on the authority conferred by the certificate;

        revalidate , in relation to a certificate of competency, means to record on the certificate that the holder continues to meet the standard of competency required for the functions to which the certificate relates;

        seagoing vessel means a vessel other than a vessel that plies exclusively in inland waters or in waters within or closely adjacent to sheltered waters or areas where port regulations apply; and terms such as seaward , sea service and at sea shall be construed accordingly;

        second engineer means the engineer officer next in rank to the chief engineer;

        watchkeeping service means sea service in a watchkeeping capacity.

        [Regulation 3 amended: Gazette 2 Aug 1985 p. 2697; 11 Aug 1992 p. 3977; 8 Dec 2006 p. 5387; 11 Dec 2009 p. 5090; 30 Jun 2010 p. 3159-60; 11 Feb 2011 p. 484.]