version no. 012 marine (vessels) regulations 1988 · 2014-05-02 · 402. crewing of vessels less...

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Version No. 012 Marine (Vessels) Regulations 1988

S.R. No. 490/1988

Version incorporating amendments as at 13 October 1998

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

100. Title 1 101. Authorising provision 1 102. Objective 1 103. Definitions 1

PART 2—REGISTRATION 9

200. Requirements for registration 9 200A. General exemptions from registration 9 200B. Exemptions from registration—manufacturers and dealers 10 201. Period of registration 12 202. Cancellation of registration 12 203. Suspension of registration 13 204. Registration label and identification mark 13 205. Sale of registered vessel 14

PART 3—SURVEY OF VESSELS 16

300. Adoption of the Code 16

PART 4—CREWING OF VESSELS 17

Division 1—Trading 17

400. Crewing determined by Board 17 401. Certificates to be held to be determined by Board 17

Division 2—Fishing Vessels 17

402. Crewing of vessels less than 35 metres 17 403. Crewing of vessels of 35 metres or more 17

PART 5—PILOTS, PILOT EXEMPTION AND LOCAL KNOWLEDGE 18

Regulation Page

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Division 1—Pilots 18

500. Board to license pilots 18 Division 2—Pilot Exemption 18

501. Board to certify pilot exempt masters 18 Division 3—Local Knowledge 18

502. Board to issue local knowledge certificates 18

PART 6—CONSTRUCTION OF AND EQUIPMENT FOR VESSELS 19

Division 1—Trading and Fishing Vessels 19

600. Adoption of the Code 19 Division 2—Hire and Drive Vessels 20

601. Application of the Code 20 601A. Maintenance and production of register of hire contracts 20 601B. Sale or purchase of hire and drive vessel 21 601C. Duty of owner to report accident 21 601D. Use of hire and drive vessel 22 601E. Instructions to hirers 22 601F. Reckless operation 23 601G. Person under age of 10 years to wear lifejacket etc. 23 601H. Fuelling 24 601I. Naked flame 25 601J. Stowage of equipment 25 601K. Overloading 25

Division 3—Recreational Vessels 26

602. Construction of recreational vessels 26 603. Equipment to be carried on recreational vessels 26 604. Person under age of 10 years to wear life-jackets etc. 28 605. Fuelling 29 606. Naked flame 29 607. Stowage of equipment 29 608. Overloaded vessel not to be operated 30 609. Vessels not to be operated unless fitted with EPIRBS 32

PART 7—PREVENTION OF OPERATION OF PARTICULAR VESSELS 33

700. Power to prohibit operation of particular vessel 33 701. Written direction with reasons to be given 34 702. Revocation of direction 34 703. Review of direction 35

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Regulation Page

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SCHEDULES 36

SCHEDULE 1 36

SCHEDULE 2 38 ═══════════════

NOTES 42

1. General Information 42

2. Table of Amendments 43

3. Explanatory Details 44

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Version No. 012

Marine (Vessels) Regulations 1988 S.R. No. 490/1988

Version incorporating amendments as at 13 October 1998

PART 1—PRELIMINARY

100. Title

These Regulations may be cited as the Marine (Vessels) Regulations 1988.

101. Authorising provision

These Regulations are made under section 105 of the Marine Act 1988.

102. Objective

The objective of these Regulations is to provide for—

(a) the registration of specified vessels; and

(b) the survey of specified vessels; and

(c) the crewing of specified vessels; and

(d) pilots, pilot exemption and local knowledge; and

(e) the construction of and equipment to be carried on specified vessels.

103. Definitions

(1) In these Regulations—

"Act" means the Marine Act 1988;

"approved buoyancy garment" means a buoyancy garment that—

(a) has been approved by the Board; or

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(b) complies with the Australian Standards specification for buoyancy garments as published by the Standards Association of Australia on 7 December 1984 as AS 2260—1984;

"approved buoyancy vest" means a buoyancy vest that—


(b) complies with the Australian Standards specification for buoyancy vests—

(i) as approved by the Council of the Standards Association of Australia on 1 December 1965, and published as "Australian Standard Z27—1966"; or

(ii) as published by the Standards Association of Australia in 1973 as AS 1499—1977; or

(iii) as published by the Standards Association of Australia on 1 July 1979 as AS 1499—1979; or

(iv) as published by the Standards Association of Australia on 1 March 1983 as AS 1499—1983;

"approved emergency position indicating radio beacon" means an emergency position indicating radio beacon that—


(b) has been approved by the Department of Transport and Communications of the Commonwealth;

"approved hand held orange smoke flare" means a hand held orange smoke flare of a type that—

r. 103

Reg. 103(1) def. of "approved emergency position indicating radio beacon" inserted by S.R. No. 153/1994 reg. 5(a).

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(b) complies with the Australian Standards specification for marine distress flares as published by Standards Australia on 3 October 1988 as AS 2092—1988;

"approved hand held red flare" means a hand held red flare of a type that—


(b) complies with the Australian Standards specification for marine distress flares as published by Standards Australia on 3 October 1988 as AS 2092—1988;

"approved lifebuoy" means a lifebuoy of a type that—


(b) complies with the Australian Standards specification for rescue buoys as published by Standards Australia on 1 July 1979 as AS 2261—1979; or

(c) complies with the Australian Standards specification for rescue buoys as published by Standards Australia on 12 March 1990 as AS 2261—1990;

"approved lifejacket" means a lifejacket of a type that—

(a) complies with the requirements specified under the Navigation Act 1912 of the Commonwealth; or

(b) has been approved by the Board; or

(c) complies with the Australian Standards specification for lifejackets—

(i) as approved by the Council of the Standards Association of Australia

r. 103

Reg. 103(1) def. of "approved lifebuoy" amended by S.R. No. 153/1994 reg. 5(b).

Reg. 103(1) def. of "approved lifejacket" amended by S.R. No. 153/1994 reg. 5(c).

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on 1 December 1965 and published as "Australian Standard Z27—1966"; or

(ii) as published by the Standards Association of Australia in 1973 as AS 1512—1973; or

(iii) as published by the Standards Association of Australia on 1 June 1981 as AS 1512—1981; or

(iv) as published by the Standards Association of Australia on 1 March 1983 as AS 1512—1983;

"approved personal flotation device type 1" means a personal flotation device—

(a) of a type that complies with the Australian Standards specification for personal flotation devices as published by the Standards Association of Australia on 4 January 1988 as AS 1512—1988; and

(b) that is fitted with retro-reflective tape that—

(i) has been approved by the Board; or

(ii) complies with Australian Standard 2259—1988 sub-clause 3.5 as published by the Standards Association of Australia on 4 January 1988; and

(c) on which retro-reflective tape is positioned in accordance with sub-regulation (2);

"approved personal flotation device type 2" means a personal flotation device that

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complies with the Australian Standards specification for personal flotation devices as published by the Standards Association of Australia on 4 January 1988 as AS 1499—1988;

"approved personal flotation device type 3" means a personal flotation device that complies with the Australian Standards specification for personal flotation devices as published by the Standards Association of Australia on 4 January 1988 as AS 2260—1988;

"approved portable fire extinguisher" means a portable fire extinguisher of a type that—


(b) where the extinguishing medium is dry chemical powder, the fire extinguisher complies with the Australian Standards specification for dry chemical type portable fire extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1846—1985; or

(c) where the extinguishing medium is carbon dioxide, the fire extinguisher complies with the Australian Standards specification for carbon dioxide type portable fire extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1847—1985; or

(d) where the extinguishing medium is bromochlorodifluoromethane, the fire extinguisher complies with the Australian Standards specification for halogenated hydrocarbon type portable

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fire extinguishers as published by the Standards Association of Australia on 4 November 1985 as AS 1848—1985; or

(e) where the extinguishing medium is foam, the fire extinguisher complies with any of the following Australian Standards specifications for foam type portable fire extinguishers—

(i) for a foam (chemical) type portable extinguisher the type as published by the Standards Association of Australia on 4 November 1985 as AS 1843—1985; or

(ii) for a foam (gas container) type portable fire extinguisher the type as published by the Standards Association of Australia on 4 November 1985 as AS 1844—1988; or

(iii) for a foam (stored pressure) type portable fire extinguisher the type as published by the Standards Association of Australia on 4 November 1985 as AS 1845—1988;

"hirer" means a person who—

(a) hires a hire and drive vessel; or

(b) operates a hire and drive vessel while that vessel is under hire;

"inland waters" means waters within the limits of the State which are not within a port or an associated port under the Port of Melbourne Authority Act 1958, the Port of Geelong

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Reg. 103(1) def. of "hirer" inserted by S.R. No. 153/1994 reg. 5(d).

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Authority Act 1958 or the Port of Portland Authority Act 1958;

"tender" means a vessel—

(a) not more than 5 metres in length which is used or intended to be used as a means of transport on inland waters or on the waters of a port or an associated port under the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958 or the Port of Portland Authority Act 1958; and

(b) which conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T" and which operates or is intended to operate—

(i) between the shore and another vessel not more than 300 metres from the shore; or

(ii) between vessels not more than 300 metres apart and not more than 300 metres from the shore.

(2) If an approved personal flotation device type 1—

(a) is purchased after 1 December 1989 so as to be provided on a recreational vessel, it must be fitted with retro-reflective tape placed as high up on the flotation device as is practicable; and

(b) is used by a person with a body mass greater than 25 kilograms, the retro-reflective tape must be positioned—

(i) in 6 places on the outside of the device and if the device is reversible, on 6 places on the inside of the device

Reg. 103(1) def. of "tender" inserted by S.R. No. 153/1994 reg. 5(e).

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with each tape not being less than 100 millimetres long and not being less than 50 millimetres wide; or

(ii) in an arrangement approved by the Board while providing a total area of tape of not less than 0·03 square metres; or

(c) is used by a person with a body mass of 25 kilograms or less, the retro-reflective tape must be positioned—

(i) in not less than 4 places on the outside of the device and if the device is reversible on not less than 4 places on the inside of the device with each tape not being less than 100 millimetres long and not less than 50 millimetres wide; or

(ii) in an arrangement approved by the Board while providing a total area of tape of not less than 0·02 square metres.

* * * * *

(4) A reference in these Regulations to the Uniform Shipping Laws Code is a reference to the Code as published from time to time.

_______________

r. 103

Reg. 103(3) revoked by S.R. No. 153/1994 reg. 5(f).

Reg. 103(4) amended by S.R. No. 153/1994 reg. 5(g).

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PART 2—REGISTRATION

200. Requirements for registration

(1) The owner of a vessel must register his or her vessel—

(a) except as provided in sub-regulation (2), by paying to the Board the appropriate fee imposed under section 109 of the Act for the vessel; and

(b) by providing sufficient particulars to the Board—

(i) to identify the vessel; and

(ii) to identify the owner of the vessel.

(2) The fee referred to in sub-regulation (1)(a) is not required to be paid to the Board if the vessel to be registered is—

(a) used or intended to be used primarily for search and rescue purposes; and

(b) is approved by the Road Traffic Authority for those purposes.

* * * * *

Penalty: For a first offence, 2 penalty units. For a subsequent offence, 3 penalty units.

200A. General exemptions from registration

(1) The owner of a vessel of a class specified in sub-regulation (2) is not required to register the vessel.

(2) The specified classes of vessels are—

(a) a tender; and

r. 200

Reg. 200 (3)–(5) revoked by S.R. No. 153/1994 reg. 6.

Reg. 200A inserted by S.R. No. 153/1994 reg. 7.

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(b) a vessel which does not have an engine that is used or is capable of being used for propulsion; and

(c) a Government vessel; and

(d) a vessel owned by a statutory corporation; and

(e) a vessel which—

(i) is temporarily being operated in State waters; and

(ii) is exempt from registration as a vessel in the State or Territory of the Commonwealth in which the owner of the vessel ordinarily resides; and

(f) a fishing vessel; and

(g) a trading vessel; and

(h) a vessel which—

(i) is temporarily being operated on State waters; and

(ii) is registered in a State or Territory of the Commonwealth; and

(iii) displays in accordance with any Act or regulation of that State or Territory an identifying plate, mark or number issued or allocated by the relevant authority for the vessel; and

(i) a hire and drive vessel.

200B. Exemptions from registration—manufacturers and dealers

(1) A manufacturer or dealer in recreational vessels with engines used or capable of being used for propulsion who pays the appropriate fees prescribed in the Marine (Fees) Regulations 1988

Reg. 200B inserted by S.R. No. 153/1994 reg. 7.

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and receives from the Board a special identification mark and a special identification plate in respect of a particular recreational vessel is not required to register that vessel when the special identification plate is displayed on the vessel and the vessel is used—

(a) for the following trade purposes—

(i) operating the vessel from place to place while the vessel is in the process of manufacture; or

(ii) operating the vessel from the place of manufacture to the place where it will be offered for sale; or

(iii) testing the vessel; or

(iv) demonstrating the vessel to a purchaser or prospective purchaser; or

(v) delivering the vessel for or after sale; or

(b) for the purposes of repair; or

(c) for the purposes of returning the vessel to the owner after repair.

(2) An exemption from the requirement to register a recreational vessel as prescribed in sub-regulation (1) applies only if the following conditions are observed—

(a) the vessel is operated by the manufacturer or dealer or a person employed by the manufacturer or dealer; and

(b) the special identification plate is fixed to the vessel where it can be easily seen with every letter, figure and symbol on the plate upright and clearly distinguishable from a distance of at least 20 metres from the vessel; and

r. 200B

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(c) the manufacturer or dealer keeps at his, her or its registered office or place of business a record of the name and address of each person who operates the vessel on which the special identification plate is displayed.

(3) A manufacturer of or dealer in recreational vessels must not enter any particulars which he or she knows or should reasonably know to be false in any records kept under sub-regulation (2)(c).

Penalty for a breach of this sub-regulation: 4 penalty units.

201. Period of registration

(1) A vessel may be registered for a period of one year.

(2) Renewal of the registration of a vessel may be obtained for a period of one year.

(3) Registration or renewal of registration of a vessel commences on the day on which the Board receives—

(a) the application for registration or renewal of registration; and

(b) the appropriate fee for the vessel imposed by the Board under section 109 of the Act, except if a fee is not required to be paid in respect of the registration of the vessel as provided in Regulation 200(2).

202. Cancellation of registration

If—

(a) the certificate of registration issued for a vessel is returned to the Board before the expiration of the period of registration; or

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(b) the Board is satisfied that a vessel has been stolen and not recovered or has been destroyed—

the Board must cancel the registration of the vessel.

203. Suspension of registration

(1) If, after considering a report from a person authorised under section 13 of the Act to inspect a vessel, the Board is satisfied that a registered vessel does not comply with the Act or the Regulations, the Board may by notice in writing served personally or by post on the registered owner of the vessel—

(a) suspend the registration of the vessel; and

(b) specify the reasons why the vessel does not comply with the Act or the Regulations.

(2) If the Board suspends the registration of a vessel under sub-regulation (1), it may at any time within the current period of registration, if satisfied that the deficiencies and defects in the vessel have been remedied and the vessel complies with the Act and the Regulations, by like notice withdraw the suspension notice.

204. Registration label and identification mark

(1) The registered owner of a vessel must ensure that the registration label for the vessel issued by the Board upon registration is fixed and kept fixed in a conspicuous position on the outside or upper position of the vessel.

Penalty: 2 penalty units.

(2) The registered owner of a vessel must ensure that the identification mark for the vessel issued by the Board upon registration is painted or displayed on the hull of the vessel on each side of the bow as

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high as practicable above the waterline in characters of not less than 150 millimetres in height and in proportionate breadth and in a colour in contrast to that of the surface on which it is displayed.


(3) A person must not—

(a) fix to a vessel a registration label; or

(b) paint upon or apply or otherwise fix to or display upon a vessel an identification mark—

assigned to another vessel.


(4) A person must not operate a registered vessel on State waters if the vessel's identification mark—

(a) is not displayed in the manner specified in sub-regulation (2); or

(b) is not easily distinguishable.


205. Sale of registered vessel

(1) The registered owner of a vessel who sells or otherwise disposes of the vessel must within 14 days of the sale or disposal notify the Board in writing of the sale or disposal and of the name and address of the purchaser or person acquiring the vessel.


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(2) A person who purchases or otherwise acquires a registered vessel must within 14 days of the purchase or acquisition notify the Board in writing of the purchase or acquisition and his or her full name and address.


(3) The purchaser of a registered vessel is required to pay the appropriate fee imposed for the transfer of the vessel under section 108 of the Act.

_______________

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PART 3—SURVEY OF VESSELS

300. Adoption of the Code

Section 14 of the Uniform Shipping Laws Code extends and applies to trading, fishing and hire and drive vessels.

_______________

Reg. 300 amended by S.R. No. 153/1994 reg. 8.

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PART 4—CREWING OF VESSELS

Division 1—Trading

400. Crewing determined by Board

A trading vessel must be crewed in accordance with a determination by the Board.

401. Certificates to be held to be determined by Board

The appropriate certificates (if any) to be held by a crew member on a trading vessel must be issued in accordance with a determination by the Board.

Division 2—Fishing Vessels

402. Crewing of vessels less than 35 metres

A fishing vessel of less than 35 metres in length must be crewed and crew members must hold the appropriate certificates (if any) in accordance with Schedules I–IV of Section 3 of the Uniform Shipping Laws Code.

403. Crewing of vessels of 35 metres or more

(a) A fishing vessel of 35 metres or more in length must be crewed in accordance with a determination by the Board; and

(b) The appropriate certificates (if any) to be held by a crew member on such a vessel must be issued in accordance with a determination by the Board.

_______________

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PART 5—PILOTS, PILOT EXEMPTION AND LOCAL KNOWLEDGE

Division 1—Pilots

500. Board to license pilots

A pilot's licence is not valid unless the licence is in accordance with a determination of the Board.

Division 2—Pilot Exemption

501. Board to certify pilot exempt masters

A certificate for pilot exemption is not valid unless the certificate is in accordance with a determination of the Board.

Division 3—Local Knowledge

502. Board to issue local knowledge certificates

(1) The Board must not issue a local knowledge certificate unless the certificate is issued in accordance with a determination of the Board.

(2) The Board may certify that a master who holds a local knowledge certificate for a particular port or ports is not required to use the services of a pilot for that port or those ports.

_______________

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PART 6—CONSTRUCTION OF AND EQUIPMENT FOR VESSELS

Division 1—Trading and Fishing Vessels

600. Adoption of the Code

The following provisions of the Uniform Shipping Laws Code extend and apply to trading vessels and fishing vessels:

Section 5, Construction—

Sub-section A—Preliminary

Sub-section B—Structural Strength

Sub-section C—Watertight Subdivision of Passenger Vessels (except clause C 15)

Sub-section D—Watertight Subdivision of Class 2 and Class 3 Vessels

Sub-section E—Passengers, Passenger Accommodation, Guard Rails and Bulwarks

Sub-section F—Structural Fire Protection

Sub-section G—Design Loading

Sub-section H—Aluminium

Sub-section I—Copper Nickel

Sub-section J—Ferro-Cement

Sub-section K—Glass Reinforced Plastic (G.R.P.)

Sub-section L—Steel

Sub-section M—Timber

Section 6, Crew Accommodation

Section 7, Load Lines (except clauses 74.4 and 74.5)


r. 600

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Section 8, Stability—

Sub-section A—Preliminary

Sub-section B—Simplified Presentation of Stability

Sub-section C—Stability Criteria

Section 9, Engineering

Section 10, Life-saving Appliances

Section 11, Fire Appliances

Section 12, Radio Equipment

Section 13, Miscellaneous Equipment

Division 2—Hire and Drive Vessels

601. Application of the Code

Section 18 of the Uniform Shipping Laws Code (except clauses 2.4.1, 2.5.1, 2.5.3, Part 3 and Part 4) extends and applies to a hire and drive vessel.

601A. Maintenance and production of register of hire contracts

(1) The owner of a hire and drive vessel must maintain in respect of that vessel a register in a form approved by the Board in which must be entered details of any hire and drive contracts entered into including—

(a) the full name, address and signature of the hirer;

(b) the date and time when the vessel was hired to the hirer;

(c) the date and time when the vessel was returned by the hirer;


r. 601

Reg. 601A inserted by S.R. No. 153/1994 reg. 11.

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(d) the number of people to be carried in the vessel.


(2) The person hiring a hire and drive vessel must provide the details specified in sub-regulations (1)(a) and (d).


(3) The owner of a hire and drive vessel must, if requested by a member of the police force or by an officer of the Board, produce for inspection the register kept under sub-regulation (1).


601B. Sale or purchase of hire and drive vessel

(1) The owner of a hire and drive vessel who sells or otherwise disposes of the vessel must within 14 days of the sale or disposal notify the Board in writing of the sale or disposal and of the name and address of the purchaser or person acquiring the vessel.


(2) A person who purchases or otherwise acquires a hire and drive vessel must within 14 days of the purchase or acquisition notify the Board in writing of the purchase or acquisition and his or her full name and address.


601C. Duty of owner to report accident

The owner of a hire and drive vessel which is involved in an accident must report, in writing and without delay, to the Board full particulars of the accident.


Reg. 601B inserted by S.R. No. 153/1994 reg. 11.

r. 601B

Reg. 601C inserted by S.R. No. 153/1994 reg. 11.

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601D. Use of hire and drive vessel

The hirer of a hire and drive vessel must not—

(a) permit any prescribed equipment to be improperly used or handled; or

(b) permit the vessel to proceed beyond or outside the geographical limits specified by the Board or given in instructions by, or on behalf of, the owner.


601E. Instructions to hirers

(1) The owner of a hire and drive vessel must take reasonable steps to ensure that the vessel is not hired out to a hirer who is not competent to take charge of that vessel within the geographical limits specified by the Board.


(2) The owner of a hire and drive vessel must ensure that a hirer is given clear and concise instructions on—

(a) the correct and safe handling and navigation of the vessel; and

(b) the correct and safe operation of machinery, fuel, gas and pumping systems and valves or openings in the hull; and

(c) the storage and use of life saving appliances, fire appliances and other safety equipment; and

(d) the geographical limits of operation of the vessel.


(3) The owner of a hire and drive vessel must ensure that a hirer is given a plan showing the

Reg. 601D inserted by S.R. No. 153/1994 reg. 11.

r. 601D

Reg. 601E inserted by S.R. No. 153/1994 reg. 11.

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geographical limits within which the hirer may operate the vessel.


(4) The owner of a hire and drive vessel must obtain from the person hiring the vessel a signed statement indicating that the person fully understands the geographical limits and restrictions and any conditions that the Board has certified on the use of the vessel.


601F. Reckless operation

A person must not, otherwise than is required to comply with section 26 of the Act—

(a) operate a hire and drive vessel in State waters; or

(b) when being towed or propelled by a hire and drive vessel on State waters (whether or not the person is riding on water skis or a surfboard or any other device), act—

recklessly, negligently or in a way that is dangerous to the public or that is likely in any way to cause injury or damage to any person or property.


601G. Person under age of 10 years to wear lifejacket etc.

(1) The owner of a hire and drive vessel must ensure that when the vessel departs on a voyage on State waters that every person under the age of 10 years on that vessel is wearing an approved lifejacket, an approved buoyancy vest, an approved buoyancy garment or an approved personal flotation device type 1, 2 or 3.


Reg. 601F inserted by S.R. No. 153/1994 reg. 11.

r. 601F

Reg. 601G inserted by S.R. No. 153/1994 reg. 11.

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(2) The hirer of a hire and drive vessel must ensure that when that vessel is underway on State waters that every person under the age of 10 years on the vessel is wearing an approved lifejacket, an approved buoyancy vest, an approved buoyancy garment or an approved personal flotation device type 1, 2 or 3.


(3) Sub-regulations (1) and (2) do not apply to people under the age of 10 years who are within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel.

601H. Fuelling

(1) The owner of a hire and drive vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel and the vessel is under the owner's immediate control.


(2) The hirer of a hire and drive vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel.


(3) The owner of a hire and drive vessel must not permit a person on board the vessel to smoke if the vessel is being fuelled and the vessel is under the owner's immediate control.


(4) The hirer of a hire and drive vessel must not permit a person on board the vessel to smoke if the vessel is being fuelled.


Reg. 601H inserted by S.R. No. 153/1994 reg. 11.

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601I. Naked flame

(1) The owner of a hire and drive vessel must not permit any appliances which produce a naked flame to be installed in any compartment of the vessel containing motors or a fuel tank.


(2) The owner of a hire and drive vessel must not permit any appliances which produce a naked flame to be used in any compartment of the vessel containing motors or a fuel tank if the vessel is under the owner's immediate control.


(3) The hirer of a hire and drive vessel must not permit any appliances which produce a naked flame to be used in any compartment of the vessel containing motors or a fuel tank.


601J. Stowage of equipment

The owner of a hire and drive vessel must ensure that all lifesaving equipment and fire extinguishers carried on the vessel—

(a) are so placed as to be readily accessible at all times; and

(b) are maintained in good order and working condition.


601K. Overloading

(1) The owner of a hire and drive vessel must not permit that vessel to be overloaded if the vessel is under the owner's immediate control.


Reg. 601I inserted by S.R. No. 153/1994 reg. 11.

r. 601I

Reg. 601J inserted by S.R. No. 153/1994 reg. 11.

Reg. 601K inserted by S.R. No. 153/1994 reg. 11.

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(2) The hirer of a hire and drive vessel must not operate a hire and drive vessel which is overloaded.


Division 3—Recreational Vessels

602. Construction of recreational vessels

A person must not operate a recreational vessel on State waters unless it is constructed in accordance with Schedule 1.


603. Equipment to be carried on recreational vessels

(1) In this Regulation, "smooth or enclosed waters" means the following waters—

(a) all inland waters including rivers (inside the seaward entrance), creeks, canals, lakes, reservoirs and any similar waters either naturally formed or man made and which are either publicly or privately owned; and

(b) the Port of Portland (inside the entrance); and

(c) the Port of Port Fairy (inside the entrance); and

(d) the Port of Melbourne (upstream of the West Gate Bridge); and

(e) the Port of Gippsland Lakes (inside the entrance); and

(f) the Port of Mallacoota (inside the entrance); and

(g) the Port of Barwon Heads upstream of the Barwon Heads Ocean Grove Road road bridge; and

r. 602

Reg. 603(1)(g) amended by S.R. No. 153/1994 reg. 12(a).

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27 AB-13/10/98

(h) the Port of Anderson Inlet (inside the entrance); and

(i) Shallow Inlet; and

(j) the Port of Snowy River (inside the entrance); and

(k) the waters inside the seaward entrance of any rivers, creeks or streams which flow into the Port of Melbourne, the Port of Geelong or the Port of Portland or any associated port declared under the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958 or the Port of Portland Authority Act 1958; and

(l) the Port of Corner Inlet and Port Albert east of a line between the Port Welshpool shipping pier and Bentley Point (inside the entrances).

(2) A person must not operate, on smooth or enclosed waters, a recreational vessel of a type specified in the heading of Columns 2, 3, 4, 5 and 6 of the relevant Table of Schedule 2 unless the vessel is equipped with each of the items of equipment specified in Column 1 of the Table in the numbers (if any) specified in Column 2, 3, 4, 5 or 6 (as the case requires) opposite the specification of that item of equipment.


(3) A person must not operate, on waters other than smooth or enclosed waters, a recreational vessel of a type specified in the heading of Columns 2, 3, 4, 5 and 6 of the relevant Table of Schedule 2 unless the vessel is equipped with each of the items of equipment specified in Column 1 of the Table in the numbers (if any) specified in Column

Reg. 603(1)(l) inserted by S.R. No. 153/1994 reg. 12(b).

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2, 3, 4, 5 or 6 (as the case requires) opposite the specification of that item of equipment.


(4) The Board may, by notice published in the Government Gazette, exempt with or without condition any person or any class of person in respect of any vessel or any class of vessel from the requirements of sub-regulation (2) or sub-regulation (3).

(5) If an exemption given by the Board under sub-regulation (4) is to be subject to any condition, the conditions that can be applied are—

(a) that the vessel is of a particular type;

(b) that the vessel is engaged in a particular activity;

(c) that the occupants of the vessel wear particular equipment or devices;

(d) that the vessel is used for particular purposes;

(e) that the vessel is of a particular length.

(6) A person must comply with any conditions to which exemption given under this regulation is subject.


604. Person under age of 10 years to wear life-jackets etc.

(1) A person must not operate a recreational vessel which is under way on State waters and carrying a person or persons under the age of 10 years unless the person or persons being carried is or are wearing an approved life-jacket, an approved buoyancy vest, an approved buoyancy garment or an approved personal flotation device type 1, 2 or 3.

Reg. 604(1) amended by S.R. No. 153/1994 reg. 13.

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(2) Sub-regulation (1) does not apply if the person or persons being carried are within a deck house, a cabin, a half-cabin or a securely enclosed under-deck space on the vessel.

605. Fuelling

(1) The operator of a recreational vessel must not permit the vessel to be fuelled at a wharf, jetty or pier if there are passengers on board the vessel.


(2) The operator of a recreational vessel must not permit a person on board the vessel to smoke if the vessel is being fuelled.


606. Naked flame

(1) The owner of a recreational vessel must not permit any appliances which produce a naked flame to be installed in any compartment of the vessel containing motors or a fuel tank.


(2) The operator of a recreational vessel must not permit any appliances which produce a naked flame to be used in any compartment of the vessel containing motors or a fuel tank.


607. Stowage of equipment

A person must not operate a recreational vessel unless all lifesaving equipment and fire extinguishers carried on the vessel—

(a) are so placed as to be readily accessible at all times; and

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(b) are maintained in good order and working condition.


608. Overloaded vessel not to be operated

(1) A person must not operate a recreational vessel which is overloaded.


(2) Unless the Board otherwise certifies in writing, a person must not operate a recreational vessel on State waters if the recreational vessel is of a length specified in Column 1 of the following Table and the number of persons being carried on board the vessel as specified in Column 2 of the Table is exceeded.

TABLE Column 1 Length of recreational vessel

Column 2 Maximum No. of

persons

Less than 3 metres 2

3 metres or more but less than 3·5 metres 3

3·5 metres or more but less than 4·5 metres

4

4·5 metres or more but less than 5 metres 5

5 metres or more but less than 5·5 metres 6

5·5 metres or more but less than 6 metres 7


(2A) A person must not operate a recreational vessel on State waters—

(a) if the vessel is a single deck vessel and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the

r. 608

Reg. 608(2A) inserted by S.R. No. 153/1994 reg. 14.

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nearest whole number), whichever is the greater—

P = 0·75 x L x √B

where—

P = number of people

L = length of the vessel in metres

B = breadth of the vessel in metres;

(b) if the vessel is fitted with a flying bridge and is 6 metres or more in length and the number of people being carried on board exceeds 7 or the number of people derived by applying the following formula (rounded up to the nearest whole number), whichever is the greater—

P = 0·6 x L x √B

where P, L and B have the same meaning as they have in paragraph (a);

(c) if the vessel is fitted with a flying bridge and the number of people carried on that flying bridge exceeds one quarter of the number of people (rounded up to the nearest whole number) permitted to be carried on the vessel under paragraph (b).


(2B) A person may operate a vessel contrary to sub-regulation (2A) if—

(a) the Board or the manufacturer of the vessel has certified in writing that the vessel may be safely operated with a specified number of people on board; and

(b) the number of people on board the vessel does not exceed that specified number.

r. 608

Reg. 608(2B) inserted by S.R. No. 153/1994 reg. 14.

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32 AB-13/10/98

(3) For the purposes of this Regulation—

(a) a child up to and including 1 year of age shall be deemed not to be a person carried; and

(b) where children over 1 year and under 12 years of age are carried, any two such children shall be deemed to be equivalent to one person carried.

(4) Despite sub-regulations (2) and (3) the operator of a recreational vessel with individual cockpits such as a decked canoe or kayak must not allow the number of persons to be carried on the vessel to exceed the number of individual cockpits in the vessel irrespective of the age of the person.


609. Vessels not to be operated unless fitted with EPIRBS

A person must not operate a vessel in coastal waters more than 2 miles from the shore unless the vessel is provided with an approved emergency position indicating radio beacon which has an operational frequency of 121·5 MHz and 243 MHz or an operational frequency of 406 MHz.


_______________

Reg. 609 inserted by S.R. No. 153/1994 reg. 15.

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PART 7—PREVENTION OF OPERATION OF PARTICULAR VESSELS

700. Power to prohibit operation of particular vessel

(1) For the purposes of section 14 of the Act, the Board or a member of the police force may direct that a particular vessel (whether registered or not) must not be operated on State waters if the Board or the member of the police force considers that—

(a) the vessel is loaded with persons, equipment or other items which will or which do cause the vessel to be unstable; or

(b) the vessel is constructed in such a manner which would place any occupant of the vessel at risk of injury or death; or

(c) the vessel is of a design which is unsuitable for the intended voyage or use; or

(d) the machinery on board the vessel which is to be used for propulsion or for another purpose is unsafe or could create a fire on the vessel; or

(e) the machinery proposed to propel the vessel is unsuitable or can develop power in excess of the maximum power recommended by the manufacturer of the vessel; or

(f) the cargo or goods carried on the vessel could be a risk to that vessel or to other vessels or to people on the vessel or to people on other vessels; or

(g) the vessel is generally unseaworthy.

r. 700

Reg. 700(1)(f) substituted by S.R. No. 153/1994 reg. 16.

Reg. 700(1)(g) inserted by S.R. No. 153/1994 reg. 16.

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(2) A direction given under sub-regulation (1) must refer to the following matters—

(a) (i) whether the direction applies for an indefinite period; or

(ii) whether the direction applies for a specified period which must be identified in the direction;

(b) (i) whether the direction applies to operation of the vessel on all State waters; or

(ii) whether the direction applies to operation of the vessel on particular parts of State waters which must be identified in the direction;

(c) (i) whether the direction applies to any voyage proposed to be undertaken in the vessel; or

(ii) whether the direction applies to particular voyages proposed to be undertaken which must be identified in the direction.

701. Written direction with reasons to be given

If the Board or a member of the police force gives a direction under Regulation 700, a copy of the direction including the reasons for making the direction, must be given to the owner and operator of the vessel as soon as practicable.

702. Revocation of direction

Where the Board or a member of the police force after giving a direction under this Part considers that the direction should no longer apply, the direction must be revoked in writing and the owner and operator of the vessel must be provided

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35 AB-13/10/98

with a copy of the written revocation as soon as practicable.

703. Review of direction

Where the Board or a member of the police force gives a direction under this Part, the owner or operator of the vessel may apply within 14 days of the giving of the direction to the Board for the direction to be reviewed.

__________________

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SCHEDULES

SCHEDULE 1

Regulation 602

CONSTRUCTION OF RECREATIONAL VESSELS

THERMAL PROTECTION

1. Hot pipes or other sources of heat in close proximity to woodwork or other flammable material must be effectively shielded.

2. Engine exhaust piping and silencers must be water cooled or efficiently lagged and be installed so as to prevent the transfer of heat to readily combustible materials.

3. Engine exhaust systems must be led well clear of fuel tanks and fuel tank overflows and arranged such that exhaust fumes emerge outside the hull.

LIQUEFIED PETROLEUM GAS AND COMPRESSED NATURAL GAS

4. Unless the Board has given approval in writing to the contrary, if liquefied petroleum gas or compressed natural gas is carried on the vessel—

(a) the gas cylinders must not be installed inside a deckhouse or below decks;

(b) the gas cylinders must be stored in the open air and secured in strongly constructed racks except in partially decked or open vessels in which the gas cylinders may be stored in approved lockers.

5. The gas cylinders, piping and fittings used in a liquefied petroleum gas system or a compressed natural gas system must be of a type approved by the Board.

6. All gas piping must be securely fastened within the vessel.

7. A gas-burning appliance must be securely fastened in position and the space containing the appliance must be adequately ventilated.

FLAME ARRESTOR

8. The carburettor or carburettors of any engine, except an outboard motor, in the vessel must be fitted with—

Sch. 1 amended by S.R. No. 153/1994 reg. 17.

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37 AB-13/10/98

(a) a flame arrestor or backfire trap which is effective if the engine backfires, to prevent the flame caused by the backfire from making contact with the atmosphere; or

(b) a screen or cap of not less than 30 gauge, 30 mesh brass or stainless steel wire gauge which is securely sealed in or over the air intake.

SEAWORTHINESS AND BUOYANCY

9. A recreational vessel must be seaworthy and any internal ballast in the vessel must be securely fastened in position.

10. A recreational vessel that is an open boat which has no enclosed superstructure must have reserve buoyancy sufficient to support the hull and the weight of the motor, fuel tanks and all non-buoyant material plus 10 per centum of such weight.

11. Reserve buoyancy must be in the form of—

(a) fabricated air-tight tanks; or

(b) inflatable devices which can be conveniently stowed; or

(c) canvas-covered kapok; or

(d) buoyant foam which—

(i) is impervious to chemical action by petrol, oil and salt water and which is of a closed cell structure and is suitably protected against fire; or

(ii) is approved by the Board; or

(e) any combination of the above systems; or

(f) such other systems which may be approved by the Board.

12. A recreational vessel that is an open boat which has no enclosed superstructure constructed and first registered after 1 July 1963 must have reserve buoyancy built into the hull of the vessel.

VENTILATION

13. A recreational vessel that is not an open boat and is using as fuel for propelling or other purposes any liquid of a volatile nature or any gas must be provided with effective means for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.

__________________

Sch. 1

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38 AB-13/10/98

SCHEDULE 2

Regulation 603

TABLE 1—EQUIPMENT—SMOOTH OR ENCLOSED WATERS

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Equipment to be carried on board

Rowing boats

Vessels less than 5

metres in length

Vessels 5 metres or more in

length but less than

8 metres in length



12 metres in length

Vessels 12 metres or more in length

Approved lifejacket or an approved personal flotation device type 1 for each person on board

1

1

1

1

1

Paddles or oars and rowlocks

2

2

Bailer or manual pump

1

Bailer or manual pump or efficient bilge pumping arrangement

1

1

Manual pump or efficient bilge pumping arrangement

1

1

Efficient waterproof torch or efficient waterproof lantern

1

1

1

1

1

Approved portable fire extinguisher where any fuel is carried

1

1

2

3

Bucket with lanyard

1

2

Approved lifebuoy

2

Sch. 2 Table 1 amended by S.R. No. 153/1994 reg. 18.

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39 AB-13/10/98

Regulation 603

TABLE 2—EQUIPMENT—WATERS OTHER THAN SMOOTH OR ENCLOSED WATERS



Rowing boats

Vessels less than 5

metres in length



8 metres in length



12 metres in length


Approved lifejacket or an approved personal flotation device type 1 for each person on board

1

1

1

1

1

Paddles or oars and rowlocks

2

2

Bailer or manual pump

1

Bailer or manual pump or efficient bilge pumping arrangement

1

1

Manual pump or efficient bilge pumping arrangement

1

1

Efficient waterproof torch or efficient waterproof lantern

1

1

1

1

1

Approved portable fire extinguisher where any fuel is carried

1

1

2

3

Bucket with lanyard

1

2

Efficient compass 1 1

Approved lifebuoy

2

One dinghy or liferaft

1

Approved hand held red flare

2

2

2

2

2

Sch. 2

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40 AB-13/10/98

Approved hand held orange smoke flare

2

2

2

2

2

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41 AB-13/10/98



Rowing boats

Vessels less than 5

metres in length



8 metres in length



12 metres in length


Efficient anchor 1 1 1 1 2

Anchor cable—length in metres

35

45

50

55

70

Anchor cable—type

(i) Polypropylene anchor cable, minimum diameter in millimetres (This cable to be stabilised against actinic degeneration); or

10

10

12

20

28

(ii) Nylon anchor cable, minimum diameter in millimetres; or

8

8

10

16

20

(iii) Vegetable fibre anchor cable; or

Cable to have a diameter such as to provide equivalent strength to required nylon anchor cable standard.

(iv) Metal chain or metal rope anchor cable

Cable to be such as to provide equivalent strength to required nylon anchor cable standard.

═══════════════

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42 AB-13/10/98

NOTES

1. General Information The Marine (Vessels) Regulations 1988, S.R. No. 490/1988, were made on 20 December 1988 by the Governor in Council under section 105 of the Marine Act 1988, No. 52/1988 and came into operation on 20 December 1988.

The Marine (Vessels) Regulations 1988 will sunset on 20 December 1999: see Subordinate Legislation (Marine (Vessels) Regulations 1988—Extension of Operation) Regulations 1998, S.R. No. 126/1998.

Notes

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43 AB-13/10/98

2. Table of Amendments This Version incorporates amendments made to the Marine (Vessels) Regulations 1988 by statutory rules, subordinate instruments and Acts.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Marine (Vessels) (Amendment) Regulations 1994, No. 153/1994

Date of Making: 4.10.94 Date of Commencement: 10.10.94 (except regulation 15): reg. 3(1); regulation

15 on 1.10.95: reg. 3(2)

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Notes

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3. Explanatory Details Table/s of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 153/1994 in accordance with the requirements of regulation 10 of the Subordinate Legislation Regulations 1992.

Table of Applied, Adopted or Incorporated Matter

Document Incorporated

Provision Incorporating Document

Extent of Incorporation

Australian Standards document specification for rescue buoys as published by Standards Australia on 12 March 1990 as AS 2261—1990

Regulation 5 (by amending regulation 103 of the Principal Regulations)

Whole

Notes

version no. 012 marine (vessels) regulations 1988 · 2014-05-02 · 402. crewing of vessels less...

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