Marine and Safety (Safety Manning) Amendment Regulations 2002

Marine and Safety (Safety Manning) Amendment Regulations 2002

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 December 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Marine and Safety (Safety Manning) Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Marine and Safety (Safety Manning) 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 inserting the following definition before the definition of approved person :

adequate crew means the crew specified under clause 2.6 of Part D of the NSCV;

(b) by inserting the following definitions after the definition of certificate :

certificate of competency means a certificate issued by the Authority, or an equivalent authority, permitting the holder to serve in a vessel as a crew member in accordance with the conditions stated in that certificate;

certificate of medical fitness means a certificate issued in accordance with Annex C of Part D of the NSCV;

(c) by inserting the following definitions after the definition of Committee :

crew means the persons carried on board a vessel for the purposes of –

(a) navigating, operating and maintaining the vessel; or

(b) providing services to other persons on board the vessel;

declaration of medical fitness means a declaration made in accordance with Annex C of Part D of the NSCV;

(d) by omitting the definition of continuous rated power ;

(e) by inserting "or Division 2 " after " Division 1 " in the definition of determination ;

(f) by inserting the following definitions after the definition of determination :

equivalent authority means an agency, department or authority of the Commonwealth, or of a Territory or another State of the Commonwealth, that is responsible for maritime operations and safety;

fishing operation means –

(a) farming or taking fish for commercial purposes; or

(b) an operation that supports an activity referred to in paragraph (a) ;

fishing vessel means a vessel that is –

(a) used for fishing operations; or

(b) under construction for use in fishing operations;

interstate fishing vessel means a fishing vessel subject to the jurisdiction of an equivalent authority;

interstate trading vessel means a trading vessel subject to the jurisdiction of an equivalent authority;

(g) by omitting the definition of measured length and substituting the following definitions:

measured length has the same meaning as in the NSCV;

minimum crew means the minimum number of crew specified under clause 2.5 of Part D of the NSCV;

(h) by inserting the following definitions after the definition of nm :

notify means notify in writing;

NSCV means the National Standard for Commercial Vessels published by the National Marine Safety Committee as amended from time to time;

(i) by omitting the definitions of prescribed complement and propulsion power and substituting the following definitions:

prescribed complement means –

(a) a minimum crew in the case of a vessel which is being navigated but not –

(i) carrying cargo, passengers or special personnel; or

(ii) conducting fishing operations or special operations; or

(iii) undertaking trials; or

(b) an adequate crew in any other case;

special operation means an operation for which Part D of the NSCV requires the master or a member of the crew to have undertaken additional training and possess experience relevant to the operation;

special personnel means the persons on board a vessel (other than crew members, passengers or children who have not attained the age of one year) who are capable of assisting the crew in the operation of the vessel if required and –

(a) are carried in connection with the special purpose of the vessel or because of special work being performed on board the vessel; or

(b) have knowledge of safety procedures and handling of safety equipment on board the vessel;

Tasmanian fishing vessel means a fishing vessel subject to the jurisdiction of the Authority.

5.    Regulation 5 substituted

Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:

5.   Manning Committee

(1)  There is a Manning Committee.

(2)  The Committee consists of –

(a) the chief executive officer; and

(b) 2 persons nominated by the Authority; and

(c) any other persons as the Authority considers appropriate.

(3)  The chief executive officer is the chairperson of the Committee.

(4)  Schedule 1 has effect with respect to membership of the Committee.

(5)  Schedule 2 has effect with respect to meetings of the Committee.

6.    Regulation 9 substituted

Regulation 9 of the Principal Regulations is rescinded and the following regulation is substituted:

9.   Offence to operate trading vessel without prescribed complement

The owner of a trading vessel must not operate that vessel or permit that vessel to operate in Tasmanian waters unless it is provided with the prescribed complement for the –

(a) type of operation the vessel is performing; and

(b) operational area in which the vessel is operating.

Penalty:  Fine not exceeding 20 penalty units.

7.    Regulation 10 amended (Application for determination)

Regulation 10(1) of the Principal Regulations is amended by omitting "number of persons required to be provided on that vessel." and substituting "prescribed complement for that vessel.".

8.    Regulations 11 and 12 substituted

Regulations 11 and 12 of the Principal Regulations are rescinded and the following regulations are substituted:

11.   Consideration of application for determination

(1)  The Committee, as soon as practicable, is to –

(a) consider an application for a determination; and

(b) make a recommendation to the Authority as to the prescribed complement required on the trading vessel for the operational area specified in the application.

(2)  In considering the application, the Committee is to take into account the specifications of Chapter 2 of Part D of the NSCV in respect of minimum crew and adequate crew.

(3)  The Committee is to notify the Authority of its recommendation as soon as practicable.

11A.   Provisional determination

(1)  If the Committee cannot meet to consider the application for a determination before the vessel commences operations, the chairperson of the Committee together with one other member of the Committee may meet and make a provisional determination.

(2)  The chairperson of the Committee is to notify the applicant of the provisional determination as soon as practicable.

(3)  The provisional determination under subregulation (1) is taken to be a determination of the Authority.

(4)  The Authority may –

(a) adopt the provisional determination; or

(b) reject the provisional determination and make a new determination.

(5)  The Authority is to notify the applicant as soon as practicable of its determination.

12.   Determination by Authority

(1)  In relation to an application for a determination, the Authority may –

(a) adopt the Committee's recommendation as its own determination; and

(b) reject the Committee's recommendation and make its own determination of the prescribed complement to be provided on the trading vessel specified in the application in particular operational areas.

(2)  The Authority is to notify the applicant of its determination as soon as practicable.

12A.   Determination of prescribed complement prior to commencement of these regulations

(1)  A determination of a prescribed complement for a trading vessel, made before the commencement of the Marine and Safety (Safety Manning) Amendment Regulations 2002 by the Authority or the former Authority, is taken to be a determination of adequate crew for that vessel for the purposes of these regulations.

(2)  The owner of a trading vessel with a determination referred to in subregulation (1) who requires a determination of a minimum crew is to apply for a determination under regulation 10 .

(3)  On receipt of an application referred to in subregulation (2) , the Authority is to determine the application in accordance with Chapter 2 of Part D of the NSCV.

12B.   Prescribed complement for interstate trading vessel

The prescribed complement for an interstate trading vessel which has the recognition of the Authority to operate in Tasmanian waters is –

(a) an adequate crew in accordance with Chapter 2 of Part D of the NSCV, determined by the Authority on an application by the owner in accordance with regulation 10 ; or

(b) a minimum crew, being the number determined by the equivalent authority which issued the vessel's certificate of survey.

9.    Regulation 14 amended (Consideration of request for review)

Regulation 14 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (2) and substituting the following subregulation:

(2)  In considering a request for a review of a determination, the Committee is to take into account the requirements of Chapter 2 of Part D of the NSCV in respect of minimum crew and adequate crew.

(b) by omitting subregulation (4) and substituting the following subregulation:

(4)  The Committee is to notify the Authority of its recommendation.

10.    Regulation 15 amended (Review by Authority)

Regulation 15 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:

(3)  The Authority is to notify the following persons of the action taken by it under subregulation (2) and the terms of any new determination:

(a) the owner of the trading vessel;

(b) the master of the trading vessel;

(c) the person who requested the review if that person is not the owner or master of the trading vessel.

11.    Regulations 16 and 17 substituted

Regulations 16 and 17 of the Principal Regulations are rescinded and the following regulations are substituted:

16.   Offence to operate fishing vessel without prescribed complement

The owner of a fishing vessel must not operate that vessel or permit that vessel to operate in Tasmanian waters unless it is provided with the prescribed complement for the –

(a) type of operation the vessel is performing; and

(b) operational area in which the vessel is operating.

Penalty:  Fine not exceeding 20 penalty units.

17.   Prescribed complement for Tasmanian fishing vessel

(1)  The minimum crew for a Tasmanian fishing vessel is the minimum crew specified in Table 4 of Chapter 2 and Annex A of Part D of the NSCV.

(2)  Despite subregulation (1) , if a voyage of a Tasmanian fishing vessel is expected to exceed 12 hours, the minimum crew is one more than that specified in subregulation (1) .

(3)  The adequate crew for a Tasmanian fishing vessel is determined by the owner in accordance with Chapter 2 of Part D of the NSCV but is in any event not to be less than the minimum crew specified under subregulation (1) .

(4)  Despite this regulation, a determination of the prescribed complement for a Tasmanian fishing vessel, made before the commencement of the Marine and Safety (Safety Manning) Amendment Regulations 2002 by the Authority or the former Authority, is taken to be a determination of minimum crew for that vessel for the purposes of these regulations.

17A.   Prescribed complement for interstate fishing vessel

(1)  The adequate crew for an interstate fishing vessel which has the recognition of the Authority to operate in Tasmanian waters is to be determined by the owner in accordance with Chapter 2 of the NSCV but is in any event not to be less than the minimum crew required under that Chapter.

(2)  The minimum crew for an interstate fishing vessel which has the recognition of the Authority to operate in Tasmanian waters is the number determined by the equivalent authority that issued the vessel's certificate of survey.

12.    Regulation 18 amended (Appeals)

Regulation 18(1) of the Principal Regulations is amended by omitting " Schedule 3 " and substituting "Table 4 of Chapter 2 and Annex A of Part D of the NSCV".

13.    Regulation 19 substituted

Regulation 19 of the Principal Regulations is rescinded and the following regulation is substituted:

19.   Decision by Committee

(1)  In determining an appeal under regulation 18 , the Committee may decide that the provisions of Table 4 of Chapter 2 and Annex A of Part D of the NSCV apply or do not apply to the fishing vessel.

(2)  If the Committee decides that the provisions of Part D of the NSCV do not apply to the fishing vessel, the Committee is to determine the number of persons to be provided on the vessel in specified operational areas.

(3)  The Committee is to notify the Authority of its decision on an appeal and any determination made under subregulation (2) .

14.    Regulation 20 amended (Advice of decision)

Regulation 20 of the Principal Regulations is amended by omitting "advise the following persons, by notice in writing," and substituting "notify the following persons".

15.    Part 3, Division 3 substituted

Division 3 of Part 3 of the Principal Regulations is rescinded and the following Division is substituted:

Division 3 - Multiple duties

21.   Multiple duties

A person who is part of the prescribed complement of a vessel may undertake multiple duties with the approval of the Authority.

16.    Regulation 22 substituted

Regulation 22 of the Principal Regulations is rescinded and the following regulation is substituted:

22.   Regulations do not preclude additional crew

These regulations do not preclude the provision of additional crew for a vessel in excess of the prescribed complement where those additional crew do not compromise the safety of the vessel.

17.    Regulation 25 amended (Refusal to accept requests and appeals)

Regulation 25 of the Principal Regulations is amended by omitting " Schedule 3 " and substituting "the NSCV".

18.    Regulation 26 rescinded

Regulation 26 of the Principal Regulations is rescinded.

19.    Regulation 30 rescinded

Regulation 30 of the Principal Regulations is rescinded.

20.    Schedules 3 and 4 rescinded

Schedules 3 and 4 to the Principal Regulations are rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 December 2002

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 (Safety Manning) Regulations 1997 so as to apply new national standards for determining crew levels and make consequential amendments.