Marine and Safety (Appliances and Equipment) Regulations 1997
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine and Safety Authority Act 1997 .
21 July 1997G. S. M. GREEN
Governor
By His Excellency's Command,
T. JOHN CLEARY
Minister for Transport
PART 1 - Preliminary
These regulations may be cited as the Marine and Safety (Appliances and Equipment) Regulations 1997 .
These regulations commence on 30 July 1997.
(1) In these regulations –AS means the Australian Standard Published by the Standards Association of Australia;BS means the British Standard published by the British Standards Institution;cargo space means the space used for cargo including cargo oil tanks and trunks to that space;certificate means a certificate of survey;compartment means –(a) any space between 2 adjacent permanent bulkheads; and(b) the lower hold and any cargo space above it;crew means the master and any other person employed in the navigation of a vessel;EPIRB means an Emergency Position Indicating Radio Beacon;International Maritime Dangerous Goods Code means the International Maritime Dangerous Goods Code issued by the International Maritime Organization;length, in respect of a vessel, means measured length;liferaft means an inflatable liferaft, an open reversible inflatable liferaft or a rigid liferaft;measured length, in respect of a vessel, means whichever of the following is the greater:(a) the distance from the fore part of the hull to the after part of the hull measured at the upperside of the uppermost weathertight deck or, in the case of an open vessel, at the height of the gunwale;(b) 96% of the distance between a vertical line passing through a point being the foremost part of the hull and a vertical line passing through a point being the aftermost part of the hull, excluding appendages;Ministerial Standard means the Ministerial Standard under section 99 of the Radio Communications Act 1983 of the Commonwealth;navigation lights means steaming lights, anchor lights and not-under-command lights;new vessel means a vessel –after the date that these regulations take effect;(a) the keel of which was laid or is under construction; or(b) that has been substantially altered or reconstructed –open vessel means a vessel which does not have a weathertight deck for any part of the length of the vessel;operational area, in respect of a vessel, means the appropriate area of operation of the vessel as prescribed in the Marine and Safety (Limits of Operational Areas) By-laws 1997 ;responsible person means the owner, master or coxswain of a vessel;required, in relation to any thing, means required to be carried on a vessel;sheltered waters means partially smooth or smooth waters as defined in the Marine and Safety (Limits of Operational Areas) By-laws 1997 ;special purpose light means –(a) any light required to be shown according to the type of operations of a vessel; and(b) any light required to be shown by a vessel constrained by draughts;steaming lights means –(a) any light required to be shown by a vessel when under way; and(b) any optional manoeuvring light and special purpose lights;surveyor means a surveyor authorised by the Authority for the purpose of these regulations;tons means the gross tonnage of a vessel;USL Code means the Uniform Shipping Laws Code as amended from time to time and adopted by the Australian Transport Council.(2) A reference to a class of vessel is a reference to the vessel as so classified under the Marine and Safety (Construction) By-laws 1997 .
(1) These regulations apply in respect of any vessel other than –(a) any hire and drive vessel; and(b) any vessel used for the purpose of recreation only; and(c) any rowing boat.(2) The master of a vessel that is not a new vessel is to comply with these regulations to the extent the Authority considers reasonable and practicable.Penalty: Fine not exceeding 5 penalty units.
PART 2 - Fire appliances
5. Maintenance of fire appliances
A responsible person must ensure that –(a) fire appliances are maintained in good order, kept fully charged and available for immediate use at all times; and(b) all required moveable fire appliances, other than firemen's outfits, are stowed where they are readily accessible in a space in which they are intended to be used; and(c) portable fire extinguishers intended for use in a space are suitable for dealing with a possible fire hazard in that space and are stowed near the entrance to the space.Penalty: Fine not exceeding 50 penalty units.
(1) A responsible person for a vessel intended to be used to carry dangerous goods must ensure that the compartment containing the dangerous goods and any adjoining compartments have a fire detection system that complies with –(a) any requirements the Authority determines; and(b) any requirements specified for the carriage of the dangerous goods in the International Maritime Dangerous Goods Code.Penalty: Fine not exceeding 50 penalty units.(2) Subregulation (1) does not apply to a vessel carrying limited quantities of dangerous goods in small receptacles that comply with the size limitations or activity limits specified for that class of dangerous goods in the International Maritime Dangerous Goods Code.
(1) A responsible person for a vessel that is not a Class 3 vessel of less than 15 metres in length must ensure that the vessel is provided with means –(a) to stop any ventilating fan serving machinery, accommodation, service or cargo space; and(b) to close any skylight, doorway, ventilator, annular space around a funnel and any other opening to the space in respect of machinery and cargo space.Penalty: Fine not exceeding 20 penalty units.(2) The means provided under subregulation (1) must be capable of being operated from any position outside the space.
A responsible person must ensure that any machinery driving a forced and induced draught fan, oil fuel or lubricating oil and a hydraulic oil pump or separator is fitted with remote controls outside the space in which it is situated.Penalty: Fine not exceeding 10 penalty units.
(1) A responsible person must ensure that a pipe connected to any fuel storage settling or daily service tank, other than a double bottom tank, which if damaged would permit discharge of the contents that may cause a fire hazard is fitted with a valve or cock secured to the tank to which it is connected.Penalty: Fine not exceeding 5 penalty units.(2) A responsible person must ensure that the valve or cock is capable of being closed from a readily accessible position outside the space in which the tank is situated.Penalty: Fine not exceeding 5 penalty units.(3) A non-return valve may be substituted for an inlet pipe.(4) A responsible person is to ensure that for an inlet pipe a valve is fitted on an oil fuel deep tank traversed by any shaft or pipe tunnel with any additional valve fitted on any pipeline outside the tunnel to enable control to be exercised in the event of fire.Penalty: Fine not exceeding 5 penalty units.
A responsible person must ensure that a fire control plan that complies with AS 1266 is exhibited in every –(a) Class 1A vessel of 35 metres in length or more; and(b) Class 2A vessel of 500 tons or more.Penalty: Fine not exceeding 5 penalty units.
11. Scales and standards of fire fighting equipment
A responsible person must ensure that the required scale of fire fighting equipment complies with the appropriate requirements of the USL Code.Penalty: Fine not exceeding 20 penalty units.
PART 3 - Lifesaving appliances (and equipment)
A responsible person must ensure that the required scale of lifesaving appliances complies with the appropriate requirements of the USL Code.Penalty: Fine not exceeding 20 penalty units.
A responsible person must ensure that the required scale of miscellaneous equipment complies with the appropriate requirements of the USL Code.Penalty: Fine not exceeding 20 penalty units.
A responsible person for a vessel that is intended to be used for towing or for any similar purpose or that carries or uses sails must ensure that it carries any additional equipment the Authority determines.Penalty: Fine not exceeding 10 penalty units.
A responsible person, where practicable, must ensure that the required equipment is permanently marked to the satisfaction of a surveyor with the name or registered number of the vessel.Penalty: Fine not exceeding 5 penalty units.
16. Equipment to be kept in good order
A responsible person must ensure that the required equipment is –(a) maintained in good order; and(b) ready and fit for the intended service on the vessel.Penalty: Fine not exceeding 10 penalty units.
17. Marking of lifesaving appliances
A responsible person must ensure that the required lifesaving appliances conform with section 10 of the USL Code.Penalty: Fine not exceeding 5 penalty units.
18. Stowage of appliances and equipment
A responsible person must ensure that any required lifeboats, liferafts, buoyant apparatus and appliances and other required equipment are stowed in accordance with section 7.1 of the USL Code so that, with a full complement of crew and equipment, they can be put in the water safely in not more than 30 minutes, even when the trim of the vessel is 10° and the vessel is listing 15° either way (except in the case of lifeboats launched by single davits, where a launching crew only is required).Penalty: Fine not exceeding 5 penalty units.
A responsible person must ensure that any required lifeboat, liferaft, inflatable liferaft, buoyant apparatus or appliance or dinghy is not stowed or carried so as –(a) to impede the rapid handling of any other lifesaving appliance or device on the vessel; or(b) to impede the marshalling of passengers to their muster stations and their embarkation into lifesaving appliances.Penalty: Fine not exceeding 5 penalty units.
A responsible person must ensure that, unless the Authority determines otherwise, means are provided to illuminate –(a) the stowage position and launching gear of lifeboats, liferafts, buoyant apparatus and appliances and dinghies; and(b) the water into which the lifeboat or liferaft is launched.Penalty: Fine not exceeding 5 penalty units.
21. Survey of inflatable liferaft
A responsible person must ensure that the survey of an inflatable liferaft is surveyed in accordance with section 10 of the USL Code at the place it was manufactured or at another place approved by the Authority.Penalty: Fine not exceeding 10 penalty units.
22. Pyrotechnics and smoke signals
A responsible person must ensure that all pyrotechnics and smoke signals are properly packed and stowed in accordance with section 10 of the USL Code.Penalty: Fine not exceeding 5 penalty units.
A responsible person must ensure that any ladders for embarkation into lifeboats are provided in accordance with section 10 of the USL Code.Penalty: Fine not exceeding 5 penalty units.
A responsible person must ensure that the vessel is provided with spare navigation lights to the satisfaction of the Authority.Penalty: Fine not exceeding 5 penalty units.
25. Warning lights for certain vessels
A responsible person must ensure that a seagoing vessel of Class 1 and a vessel of Class 2 or 3A is equipped with –(a) a set of –(i) steaming lights capable of operation from main and emergency electrical installations; or(ii) navigation lights capable of operation from a main electrical installation and a stand-by set of navigation lights operated from a separate and independent power source; and(b) anchor and not-under-command lights capable of operation from a main and emergency electrical installation or stand-by battery powered or oil burning anchor and not-under-command lanterns.Penalty: Fine not exceeding 5 penalty units.
26. Warning lights of certain vessels operating within sheltered waters
A responsible person must ensure that a seagoing vessel of Class 3 and a vessel of Class 1, 2 or 3 operating only within sheltered waters is –(a) equipped with a set of steaming lights capable of operating from an electrical installation; and(b) equipped with anchor and not-under-command lights; and(c) provided with any emergency arrangements for the display of navigation lights the Authority determines.Penalty: Fine not exceeding 5 penalty units.
(1) A dinghy that is carried on a Class 3C or Class 3D fishing vessel of less than 25 metres in length as part of the vessel's lifesaving equipment may operate from the fishing vessel within a radius not exceeding 2 nautical miles when engaged in fishing operations, unless the Authority otherwise requires.(2) A person must comply with a requirement of the Authority under subregulation (1) .Penalty: Fine not exceeding 5 penalty units.
(1) A responsible person must not operate a Class 1B, 2B, 3B, 1C, 2C or 3C vessel within its area of operations, or cause or permit that vessel to be so operated within that area, unless that vessel is equipped with –(a) an EPIRB that complies with Ministerial Standard ECR 241; or(b) a float free Satellite Distress Beacon that complies with Ministerial Standard ECR 309.Penalty: Fine not exceeding 5 penalty units.(2) A responsible person must ensure that an EPIRB fitted on the vessel is stowed in a manner approved by the Authority.Penalty: Fine not exceeding 5 penalty units.(3) A responsible person must not operate a Class 1A, 2A or 3A vessel within its area of operations, or cause or permit that vessel to be so operated within that area, unless that vessel is equipped with a float free Satellite Distress Beacon that complies with Ministerial Standard ECR 309.Penalty: Fine not exceeding 5 penalty units.
PART 4 - Miscellaneous
(1) The master of a vessel must not navigate the vessel unless it is provided with the fire and lifesaving appliances and safety equipment in accordance with these regulations unless exempted under subregulation (2) .Penalty: Fine not exceeding 5 penalty units.(2) The Authority may exempt a vessel from complying with any requirement of these regulations if satisfied that compliance is unreasonable or impracticable in relation to that vessel.
(1) The owner or builder of a vessel may apply to the Authority for approval to fit or carry on the vessel an alternative fitting, material, appliance or apparatus.(2) The Authority may allow an alternative fitting, material, appliance or apparatus to be fitted or carried on a vessel if satisfied that the alternative is at least as effective as the item it replaces.
31. Materials used to be of good quality
(1) The owner of a vessel must ensure that any material used in a vessel is –(a) of good quality and conform to good marine practices; and(b) free from defects and, if required by the Authority, covered by a certificate issued by a testing authority approved for that purpose by the Authority.Penalty: Fine not exceeding 5 penalty units.(2) The cost of any test required under subregulation (1) is to be borne by the owner.
The Authority may require any item not provided in accordance with the plans and specifications, or any material, workmanship or arrangements found to be deficient, to be properly installed or rectified as considered appropriate by the Authority.
33. Alteration of equipment or machinery
A person must not knowingly permit, carry out or cause to be carried out any work that materially alters any item of equipment or machinery in a vessel that has been installed and surveyed unless the work has been approved by the Authority.Penalty: Fine not exceeding 5 penalty units.
The following regulations are rescinded:(a) Marine (Fire Appliances) Regulations 1985 (Statutory Rules 1985, No. 129);(b) Marine (Lifesaving Appliances and Miscellaneous Equipment) Regulations 1985 (Statutory Rules 1985, No. 128);(c) Marine (Lifesaving Appliances and Miscellaneous Equipment) Amendment Regulations 1992 (Statutory Rules 1992, No. 132).
These regulations cease to take effect on 31 December 1999.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 July 1997
These regulations are administered in the Department of Transport.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe the fire appliances and lifesaving appliances and equipment required to be carried on vessels; and(b) provide for other miscellaneous matters in relation to materials and alterations of equipment and machinery.