Marine and Safety (Safe Operation) Amendment Regulations 2009
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 .
11 May 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
G. L. STURGES
Minister for Infrastructure
These regulations may be cited as the Marine and Safety (Safe Operation) Amendment Regulations 2009 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Marine and Safety (Safe Operation) Regulations 2003 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 after the definition of approved :AS means a standard published by Standards Australia as amended or substituted from time to time;(b) by inserting the following definition after the definition of authorised person :auxiliary vessel means a dinghy or similar vessel that –(a) is part of the equipment of another vessel; and(b) is transported with that other vessel; and(c) operates only from that other vessel;(c) by inserting the following definition after the definition of operate :partially smooth water means partially smooth water as specified in Schedule 2 to the Marine and Safety (Definition of Operational Areas) By-Laws 2003;(d) by inserting the following definition after the definition of short-route ferry :smooth water means smooth water as specified in Schedule 2 to the Marine and Safety (Definition of Operational Areas) By-Laws 2003;
5. Regulation 29A inserted
After regulation 29 of the Principal Regulations , the following regulation is inserted in Part 4:(1) A person must wear an approved life jacket if the person is on a vessel that –(a) is proceeding under power; and(b) is less than 6 metres in length or is a motor-propelled auxiliary vessel.Penalty: Fine not exceeding 5 penalty units.(2) For the purposes of subregulation (1) , an approved life jacket is –(a) for a vessel that is operating in waters other than sheltered waters, a life jacket that meets the requirements of Annex G of Part C, Subsection 7A of the NSCV; or(b) for a vessel that is operating in sheltered waters, being partially smooth water –(i) a life jacket that meets the requirements of Annex G of Part C, Subsection 7A of the NSCV; or(ii) a life jacket that meets the requirements of AS 1512 – 1996; or(c) for a vessel that is operating in sheltered waters, being smooth water –(i) a life jacket that meets the requirements of Annex G of Part C, Subsection 7A of the NSCV; or(ii) a life jacket that meets the requirements of AS 1512 – 1996; or(iii) a life jacket that meets the requirements of AS 1499 – 1996.(3) The master of a vessel of a kind referred to in subregulation (1) must ensure that each person on the vessel who is under the age of 16 years complies with that subregulation.Penalty: Fine not exceeding 5 penalty units.(4) Subregulation (1) does not apply to a person on a vessel of a kind referred to in that subregulation if the person is wearing a wetsuit and –(a) is preparing to dive from the vessel for a commercial purpose; or(b) has completed a dive from the vessel for a commercial purpose and is changing, or preparing to change, out of the wetsuit.(5) The owner of a vessel must ensure that each life jacket on the vessel is maintained in accordance with the instructions of the manufacturer of the life jacket.Penalty: Fine not exceeding 5 penalty units.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 May 2009
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 (Safe Operation) Regulations 2003 by –(a) requiring persons on certain commercial vessels, other than commercial divers, to wear approved life jackets; and(b) providing for the maintenance of life jackets on commercial vessels.