Marine and Safety (Pilotage and Navigation) Amendment Regulations (No. 2) 1998
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 .
23 November 1998G. S. M. GREEN
Governor
By His Excellency's Command,
P. A. LENNON
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Marine and Safety (Pilotage and Navigation) Amendment Regulations (No. 2) 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Marine and Safety (Pilotage and Navigation) Regulations 1997 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by omitting "5" from the definition of Port of Burnie and substituting "3";(b) by inserting "having a radius of 3 nautical miles" after "Lighthouse" in the definition of Port of Devonport ;(c) by omitting "5" from the definition of Port of Grassy and substituting "3";(d) by omitting "5" from the definition of Port of Lady Barron and substituting "3";(e) by inserting "all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred on Low Head and including" after "means" in the definition of Port of Launceston ;(f) by omitting "5" from the definition of Port of Naracoopa and substituting "3";(g) by omitting "to the sea" from the definition of Zone E and substituting "to the seaward limit of the Port of Launceston";(h) by omitting "to the sea" from the definition of Zone F and substituting "to the seaward limit of the Port of Launceston".
5. Regulation 4 substituted
Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted:(1) Part 2 only applies to the following ports:(a) the Port of Burnie;(b) the Port of Devonport;(c) the Port of Grassy;(d) the Port of Hobart;(e) the Port of Lady Barron;(f) the Port of Launceston;(g) the Port of Naracoopa;(h) the Port of Port Arthur;(i) the Port of Port Davey;(j) the Port of Port Latta;(k) the Port of Spring Bay;(l) the Port of Stanley;(m) the Port of Strahan.(2) Divisions 1 and 2 of Part 3 only apply to the Port of Hobart.
6. Regulation 6 amended (Eligibility requirements)
Regulation 6(1)(b)(ii) of the Principal Regulations is amended by omitting "vessels in ports for which the licence is sought".
7. Regulation 9 amended (Medical and mental fitness of pilots)
Regulation 9(2) of the Principal Regulations is amended by omitting "each year".
8. Regulation 10 amended (Granting licence)
Regulation 10(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (c) "apply; and" and substituting "apply.";(b) by omitting paragraph (d) .
9. Regulation 13 amended (Suspension and cancellation of licence)
Regulation 13 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(c) "of pilots";(b) by omitting from subregulation (3) "not" second occurring.
10. Regulation 16 amended (Vessels not requiring pilots)
Regulation 16(1)(b) of the Principal Regulations is amended by inserting "or zone" after "port".
11. Regulation 18 amended (Eligibility requirements)
Regulation 18(2) of the Principal Regulations is amended by omitting "and application" and substituting "an application".
12. Regulation 24 amended (Renewal of pilotage exemption certificate)
Regulation 24(3)(a) of the Principal Regulations is amended by omitting "with a licensed pilot on board".
13. Regulation 66A inserted
After regulation 66 of the Principal Regulations , the following regulation is inserted in Division 3:A person must not unmoor a vessel that is moored to a wharf or an anchor or tied to another vessel without the permission of the owner or the master of the vessel.Penalty: Fine not exceeding 10 penalty units.
14. Regulation 88 rescinded
Regulation 88 of the Principal Regulations is rescinded.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 December 1998
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Marine and Safety (Pilotage and Navigation) Regulations 1997 by –(a) redefining certain port areas; and(b) applying certain parts of the regulations to certain port areas; and(c) clarifying provisions relating to the licensing of pilots and the issuing of pilotage exemption certificates; and(d) prohibiting the unmooring of a vessel without the permission of the owner or master; and(e) omitting the expiry provision.