Marine and Safety (Pilotage and Navigation) Regulations 2007

Marine and Safety (Pilotage and Navigation) Regulations 2007

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 .

W. J. E. COX

Governor

By His Excellency's Command,

J. G. COX

Minister for Infrastructure

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Marine and Safety (Pilotage and Navigation) Regulations 2007 .

2.   Commencement

These regulations take effect on 30 July 2007.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Marine and Safety Authority Act 1997 ;

aquatic event means –

(a) a boat race, regatta or other aquatic sporting event held in waters under MAST's jurisdiction; or

(b) a sail past, boating display or recreational event held in such waters; or

(c) a cultural or religious festival involving aquatic activities held in such waters;

AMSA means the Australian Maritime Safety Authority;

approved means approved by MAST;

authorised person means a person who –

(a) is appointed under section 44 of the Act for the purposes of these regulations; or

(b) is a member of a class of persons appointed under section 44 of the Act for the purposes of these regulations;

exempt master means the master of a vessel who holds a valid pilotage exemption certificate;

fairway means a navigable channel of water, which may or may not be marked with channel markers;

length means the overall length of a vessel measured from the fore part of the bow to the aft end of the stern including protuberances;

MAST means the Authority;

Medical Health and Fitness Order means Marine Orders - Part 9 (Health – Medical Fitness) issued by AMSA, as in force from time to time;

notice means notice in writing;

pilot means a person who holds a pilot's licence;

pilotage area means any port referred to in regulation 5 ;

pilotage exemption certificate means a certificate granted under Division 4 of Part 2 ;

pilot's licence means a licence in force under Part 2 ;

recreational vessel means a vessel that is being used for a recreational purpose;

relevant pilotage area, for a pilot's licence or pilotage exemption certificate, means the pilotage area for which the licence or certificate is sought or granted;

relevant port operator means a port operator that has marine facilities in or near the relevant pilotage area;

tow means to tow or push another vessel or vessels lashed to the towing vessel;

under pilotage means that a vessel is in the charge of the holder of a pilot's licence or pilotage exemption certificate for the relevant pilotage area;

VHF means very high frequency;

voyage means one trip into a pilotage area and one trip out of the pilotage area.

PART 2 - Pilots and Pilotage

Division 1 - Application

4.   Ports to which Part applies

This Part applies only to the following ports:

(a) the Port of Burnie;

(b) the Port of Coles Bay;

(c) the Port of Devonport;

(d) the Port of Grassy;

(e) the Port of Hobart;

(f) the Port of Lady Barron;

(g) the Port of Launceston;

(h) the Port of Naracoopa;

(i) the Port of Port Arthur;

(j) the Port of Port Davey;

(k) the Port of Port Latta;

(l) the Port of Spring Bay;

(m) the Port of Stanley;

(n) the Port of Strahan.

5.   Port definitions

In this Part –

port means a port defined in this regulation;

Port of Burnie means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred at the eastern end of the Island Breakwater in Emu Bay;

Port of Coles Bay means all the waters –

(a) to the east of an imaginary straight line drawn between Hepburn Point and the westernmost point of Schouten Island, including Schouten Passage; and

(b) to the west of an imaginary straight line drawn between Cape Tourville and Cape Forestier; and

(c) to the west of an imaginary straight line drawn between Cape Forestier and Cape Sonnerat, including Schouten Passage;

Port of Devonport means all the waters bounded by an imaginary circle centred at Mersey Bluff Lighthouse having a radius of 3 nautical miles, including the waters of the River Mersey up to, but not including, the Victoria Bridge;

Port of Grassy means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred at the outer extremity of the reclamation at Grassy Harbour;

Port of Hobart means the area comprising Zones A, B and C as defined in regulation 6 ;

Port of Lady Barron means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred at the outer extremity of the wharf situated in Adelaide Bay;

Port of Launceston means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred on Low Head and including the area comprising Zones D and E as defined in regulation 6 ;

Port of Naracoopa means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred at the outer extremity of the port operator jetty situated at Naracoopa;

Port of Port Arthur means all the waters lying northwards of an imaginary straight line drawn from the south-eastern extremity of West Arthur Head direct to the southernmost point of Budget Head;

Port of Port Davey means –

(a) all the waters lying eastward of an imaginary straight line drawn from a point at North Head where the parallel of latitude 43⁰19'18.65" South intersects the coastline to a point at Hilliard Head where the parallel of latitude 43⁰23'15.41" South intersects the coastline, including all the waters of Payne Bay and Hannant Inlet; and

(b) all bays and estuaries opening into Bathurst Harbour;

Port of Port Latta means all the waters bounded by an imaginary circle having a radius of 3 nautical miles and centred at the outer extremity of the ore-loading jetty;

Port of Spring Bay means all the waters of Spring Bay westward of an imaginary straight line drawn across the approaches to Spring Bay extending from Point Home Lookout to Stapleton Point;

Port of Stanley means all the waters bounded by an imaginary circle having a radius of 2.5 nautical miles and centred on Circular Head;

Port of Strahan means all the waters of Macquarie Harbour and all bays and estuaries opening into that harbour, but not beyond an imaginary line bearing 000 degrees for a distance of 1.20 kilometres from Watts Hill and thence bearing 090 degrees to the shoreline.

6.   Zone definitions

In this Part –

zone means a zone defined in this regulation;

Zone A means the waters of the River Derwent that are enclosed within the following limits:

(a) to the south, by an imaginary straight line drawn from east to west along the parallel of latitude 42⁰55.5' South across the width of the River Derwent;

(b) to the north, by an imaginary straight line drawn from the orange diamond-shaped beacons located approximately 450 metres south of the Tasman Bridge on the western shore of the River Derwent to another pair of orange diamond-shaped beacons similarly located on the eastern shore of the River Derwent;

Zone B means the waters of the River Derwent that are enclosed within the following limits:

(a) to the south, by an imaginary straight line drawn from the orange diamond-shaped beacons located approximately 450 metres south of the Tasman Bridge on the western shore of the River Derwent to another pair of orange diamond-shaped beacons similarly located on the eastern shore of the River Derwent;

(b) to the north, by the south-eastern side of the Bowen Bridge;

Zone C means the waters of the D'Entrecasteaux Channel and all the bays and estuaries opening into the Channel that are enclosed within the following limits:

(a) to the south, by an imaginary straight line bearing 223 degrees from the southern end of Partridge Island to Southport Island;

(b) to the north, by an imaginary straight line bearing 138 degrees from Pierson Point to Kelly Point;

Zone D means the waters of the Tamar River from Picnic Rock on the South Esk River and Hobblers Bridge on the North Esk River to the Batman Bridge;

Zone E means the waters of the Tamar River from the Batman Bridge, the wharves in Long Reach, Bell Bay, Beauty Point and Inspection Head to the seaward limit of the Port of Launceston.

Division 2 - Licensing of pilots

7.   Application for pilot's licence

(1)  A person who satisfies the requirements specified in regulation 8 may apply to MAST for a pilot's licence.

(2)  The application is to be in an approved form.

8.   Eligibility requirements

(1)  An applicant for a pilot's licence –

(a) must –

(i) hold a valid certificate of competency as an Australian Master Class I issued by AMSA; or

(ii) hold a valid certificate, equivalent to the one specified in subparagraph (i) , issued by an approved competent authority that is party to the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers 1995; or

(iii) have other approved experience and qualifications; and

(b) must –

(i) for at least 12 months immediately before lodging the application, have served in a capacity of not less than first mate on a vessel required to carry at least 2 mates; or

(ii) hold a pilot's licence issued by an approved competent authority that is party to the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers 1995 and, for at least 12 months immediately before lodging the application, have been actively engaged in piloting; and

(c) must demonstrate an ability to speak English to a standard that would allow the applicant to safely discharge the duties and responsibilities of a pilot; and

(d) must produce a medical certificate that meets the standards specified in the Medical Health and Fitness Order.

(2)  Before MAST grants an application for a pilot's licence, the applicant must undertake any voyages and training and pass any examinations MAST, in consultation with the relevant port operator, requires.

9.   Pilot training

(1)  MAST is to establish training requirements for persons seeking to apply for a pilot's licence.

(2)  MAST, in consultation with the relevant port operator, may take the following matters into consideration in establishing training requirements:

(a) training in statutory requirements relating to –

(i) local shipping operations; and

(ii) risks within the relevant pilotage area; and

(iii) emergency response;

(b) training in the use of current technology and bridge equipment;

(c) theoretical training in ship handling, tug usage and simulator training;

(d) practical training in ship handling, pilotage movements in the hours of darkness and accompanying pilots who hold unrestricted pilots' licences for the pilotage area;

(e) attendance as an observer on a tug during operations;

(f) training in communicating under difficult physical and language conditions;

(g) previous experience in shiphandling and pilotage duties.

(3)  A person undertaking training is to maintain a record in an approved form of each element of training so undertaken.

(4)  Any record of training is to be endorsed by an authorised person.

10.   Pilot examinations

(1)  MAST is to conduct, or arrange for the conduct of, examinations for persons seeking to apply for a pilot's licence.

(2)  An examination –

(a) is to consist of a practical assessment; and

(b) may include oral and written parts; and

(c) is to be conducted in English.

(3)  The elements of each part of an examination are to be determined by MAST in consultation with the relevant port operator.

(4)  MAST is to ensure that each person intending to take an examination is notified of the form the examination is to take.

11.   Pilot fitness

(1)  MAST is to ensure that –

(a) a pilot meets the medical and mental fitness standards specified in the Medical Health and Fitness Order; and

(b) a pilot holds a certificate that states that the pilot meets those standards.

(2)  A medical examination for the purpose of subregulation (1) is to be conducted by a registered medical practitioner or a similarly qualified person approved by AMSA.

(3)  In assessing the medical fitness of a pilot, the registered medical practitioner is to take into account the following:

(a) as regards the pilot's sense of balance, aerobic capacity and agility, the need for pilots to mount and climb rope ladders;

(b) as regards the pilot's clarity of speech and acuteness of hearing, the need for pilots to have safe and effective communications;

(c) as regards the pilot's eyesight, the need for pilots to identify navigation marks, navigation hazards and other features.

(4)  Unless MAST determines otherwise, the holder of a pilot's licence must, every 2 years, pass –

(a) a medical examination conducted by a medical practitioner or similarly qualified person approved by AMSA; and

(b) an eye examination conducted by an optometrist or similarly qualified person approved by AMSA.

12.   Granting of licences

(1)  MAST, in consultation with the relevant port operator, may –

(a) grant an application for a licence subject to any conditions MAST determines; or

(b) refuse to grant the application.

(2)  A pilot's licence is to specify –

(a) any conditions to which it is subject; and

(b) the relevant pilotage area; and

(c) any exclusions that apply.

13.   Ongoing training requirements

(1)  The holder of a pilot's licence must undertake such training at such intervals as MAST from time to time, by notice, requires.

(2)  MAST, by notice, may suspend a pilot's licence if the pilot fails to undertake any training that he or she has been required to undertake under subregulation (1) .

14.   Pilot reassessment

(1)  The holder of a pilot's licence, before the second anniversary of the granting of the licence and at 2-yearly intervals thereafter, must arrange with MAST to undertake a supervised pilotage passage to assess the holder for all aspects of the pilotage operation.

(2)  In this regulation –

supervised means supervised by a pilot holding an unrestricted pilot's licence for the relevant pilotage area.

15.   Suspension and cancellation of licences

(1)  MAST may suspend a pilot's licence if the pilot –

(a) does not undertake a pilotage act in the relevant pilotage area for a continuous period exceeding 6 months; or

(b) fails to meet the standards of medical and mental fitness specified in regulation 11 ; or

(c) does not undertake a reassessment as required by regulation 14 .

(2)  A suspension is revoked when the holder of the licence has satisfied any requirements specified by MAST in relation to the suspension.

(3)  MAST, by notice, may cancel a pilot's licence if the pilot does not undertake a pilotage act within the relevant pilotage area for a period exceeding 12 months.

(4)  In this regulation –

pilotage act means the passage by a vessel under the direction of a pilot.

Division 3 - Employment of pilots

16.   Application to overseas registered vessels

Except with the written permission of MAST, a vessel registered at a port outside Australia is not exempt from the requirements of this Division.

17.   Vessels required to employ pilot

(1)  The master of a vessel must ensure the services of a pilot are employed when the vessel is in a pilotage area.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, the master of an exempt vessel does not have to comply with subregulation (1) when the exempt vessel is in a pilotage area unless MAST or an authorised person has given the master an oral or written direction that the services of a pilot are to be so employed.

(3)  If the master of a vessel commits an offence against subregulation (1) , the owner of the vessel is also guilty of an offence and liable to the same penalty as is provided for the first-mentioned offence unless it is established that the owner of the vessel could not, by the exercise of reasonable diligence, have prevented the commission of the first-mentioned offence.

(4)  An owner of a vessel may be convicted of an offence against subregulation (1) whether or not proceedings have been brought against the master of the vessel.

(5)  In this regulation –

exempt vessel means a vessel that, under regulation 18 , is exempt from the requirement to employ a pilot.

18.   Vessels not required to employ pilot

(1)  Subject to subregulations (2) and (3) , the following vessels are exempt from the requirement to employ a pilot:

(a) a vessel not exceeding 35 metres in length;

(b) a vessel in the charge of an exempt master holding a pilotage exemption certificate for the port or zone in which the vessel is navigated;

(c) any naval, military or air force vessel, except in relation to Zone B;

(d) any other specified vessel or class of vessels determined by MAST, by instrument in writing, to be so exempt.

(2)  MAST, by instrument in writing, may determine that an exemption under this section is subject to conditions specified in that instrument.

(3)  If an exemption under this section is made subject to conditions, it is only valid if those conditions are met.

19.   Signals for requiring pilot

(1)  The master of any inward bound vessel who requires a pilot when approaching a pilotage area must –

(a) call or cause to be called on VHF Radio Channel 16 (156.8 mHz) –

(i) the position of the vessel; and

(ii) any other information that may assist a pilot to identify and board the vessel; or

(b) by day, exhibit the International Code Flag "G" signifying "require a pilot"; or

(c) by night, flash the letter "G" by lamp in morse code.

Penalty:  Fine not exceeding 20 penalty units.

(2)  On approaching a pilotage area, an exempt master must –

(a) display any approved distinguishing flag; and

(b) unless the vessel employs a pilot, produce the exempt master's pilotage exemption certificate to any pilot or an authorised person on demand.

Penalty:  Fine not exceeding 50 penalty units.

(3)  On arriving at a pilotage area, the master of a vessel must –

(a) receive the pilot on board; and

(b) on production by the pilot of the pilot's licence –

(i) accept the pilot's advice on the navigation of the vessel; and

(ii) ensure that any order given with the master's authority by the pilot is carried out; and

(iii) give the pilot any information the pilot may require for the safe navigation of the vessel.

Penalty:  Fine not exceeding 50 penalty units.

20.   Signals to be displayed by vessels under pilotage

A vessel under pilotage is to display, between sunrise and sunset, –

(a) Flag "H" of the International Code of Signals (a square flag divided vertically white and red); or

(b) the pilotage exemption flag (a white flag at least 2 metres square).

21.   Vessels under pilotage to have right of way

A person in charge of a vessel that is not under pilotage must give way to a vessel that is under pilotage.

Penalty:  Fine not exceeding 50 penalty units.

Division 4 - Pilotage exemption certificates

22.   Application for pilotage exemption certificate

(1)  A person who satisfies the requirements specified in regulation 23 may apply to MAST for a pilotage exemption certificate.

(2)  The application is to be in an approved form.

23.   Eligibility requirements

(1)  An applicant for a pilotage exemption certificate –

(a) must–

(i) hold a valid certificate of competency as an Australian Master Class I issued by AMSA; or

(ii) hold a valid certificate, equivalent to the one specified in subparagraph (i) , issued by an approved competent authority that is party to the International Convention on Standards of Training, Certification and Watchkeeping of Seafarers 1995; or

(iii) have other approved experience and qualifications; and

(b) must, within the period of one year immediately before lodging the application, have served in a capacity of not less than first mate on a vessel navigating the relevant pilotage area; and

(c) must produce a medical certificate issued by a medical practitioner, optometrist or other qualified person approved by AMSA that meets the standards specified in the Medical and Health Fitness Order.

(2)  Before MAST grants an application for a pilotage exemption certificate, the applicant must undertake any voyages and pass any examination MAST, in consultation with the relevant port operator, requires.

(3)  A person who fails to pass an examination may take another examination if the person has, on at least 2 occasions after that failure, been employed as a master navigating the relevant pilotage area.

(4)  An applicant for a pilotage exemption certificate must –

(a) maintain a record in an approved form of each voyage completed under pilotage; and

(b) ensure that the record is endorsed by –

(i) the pilot; or

(ii) the exempt master in charge of the vessel.

Penalty:  Fine not exceeding 20 penalty units.

24.   Exempt master - fitness

(1)  MAST is to ensure that an exempt master meets the medical and mental fitness standards specified in the Medical Health and Fitness Order.

(2)  A medical examination for the purpose of subregulation (1) is to be conducted by a registered medical practitioner approved by AMSA.

(3)  The registered medical practitioner is to issue a certificate if the exempt master meets the medical and mental fitness standards specified in the Medical Health and Fitness Order.

(4)  In assessing medical fitness, the registered medical practitioner is to take into account the following:

(a) as regards the exempt master's clarity of speech and acuteness of hearing, the need for exempt masters to have safe and effective communications;

(b) as regards the exempt master's eyesight, the need for exempt masters to identify navigation marks, navigation hazards and other features.

(5)  Unless MAST determines otherwise, the holder of a pilotage exemption certificate must, every 2 years, pass –

(a) a medical examination conducted by a medical practitioner or similarly qualified person approved by AMSA; and

(b) an eye examination conducted by an optometrist or similarly qualified person approved by AMSA.

25.   Granting of certificates

(1)  MAST, in consultation with the relevant port operator, may –

(a) grant an application for a pilotage exemption certificate with or without conditions; or

(b) refuse to grant the application.

(2)  A pilotage exemption certificate is to specify –

(a) any conditions to which it is subject; and

(b) the relevant pilotage area; and

(c) any restrictions that apply; and

(d) the period for which it remains in force.

26.   Endorsement of certificates

(1)  A master may apply to MAST for the endorsement of a pilotage exemption certificate in respect of any of the following classes of vessels:

(a) vessels not exceeding 75 metres in length;

(b) vessels not exceeding 165 metres in length;

(c) vessels not exceeding 215 metres in length.

(2)  An application is to be in an approved form.

(3)  However, an endorsement for the vessels referred to in subregulation (1)(b) or (c) may only be made if the master has, with a pilot, made at least 2 appropriate voyages on such a vessel in the 12 months immediately before lodging the application.

(4)  A master may request that an endorsement not be restricted for use in daylight hours if one of the voyages required under subregulation (3) was undertaken during the hours of darkness.

(5)  A voyage comprises one complete inward and one complete outward trip in a relevant pilotage area.

(6)  MAST may endorse a pilotage exemption certificate relating to a pilotage area for any other pilotage area, except Zone B of the Port of Hobart, if the holder has –

(a) completed the appropriate number of voyages required for that pilotage area; and

(b) passed any examinations required by MAST.

27.   Validity of certificates

Unless MAST determines otherwise, a pilotage exemption certificate is not valid for –

(a) any vessel exceeding 215 metres in length or 9 metres in draught; or

(b) any vessel in Zone B of the Port of Hobart.

28.   Term of certificates

Except as provided by these regulations, a pilotage exemption certificate remains in force for a period of 12 months commencing on the date of its grant but is from time to time renewable for an equivalent period.

29.   Renewal of certificates

(1)  The holder of a pilotage exemption certificate may apply to MAST for the renewal of the certificate.

(2)  The application is to be in an approved form.

(3)  MAST may renew a pilotage exemption certificate for a further period of 12 months if satisfied that the holder has –

(a) navigated the waters of the relevant pilotage area for one voyage; and

(b) passed any examinations required by MAST.

30.   Lapsing of certificates

If the holder of a pilotage exemption certificate has not been employed on a vessel as master navigating the relevant pilotage area for 6 months, the certificate lapses until the holder has –

(a) within 6 months of lapsing, navigated the waters of the relevant pilotage area for one voyage with a pilot on board; and

(b) passed any examinations required by MAST.

31.   Exempt master - reassessment

An exempt master must undertake any training MAST, in consultation with the relevant port operator, requires.

32.   Day signal to be displayed by vessels under exempt masters

(1)  An exempt master who is navigating a vessel by day in a pilotage area must ensure that a white flag at least 2 metres square in size is prominently displayed on the vessel at all times.

Penalty:  Fine not exceeding 20 penalty units.

(2)  In this regulation –

by day means between sunrise and sunset.

33.   Advice by incoming vessels

Before entering, leaving or manoeuvring within a pilotage area, an exempt master who does not require the services of a pilot must report to MAST or an authorised person by VHF radio.

Penalty:  Fine not exceeding 20 penalty units.

Division 5 - Miscellaneous

34.   Tugs

(1)  Any vessel towing, mooring or assisting another vessel is to be under the orders of the pilot or exempt master of the assisted vessel in all matters connected with the navigation of both vessels.

(2)  MAST or an authorised person may direct the master of a vessel to engage the services of a tug of any capacity or power MAST considers necessary.

(3)  The master of a vessel must comply with a direction under subregulation (2) .

Penalty:  Fine not exceeding 50 penalty units.

35.   Reporting of casualties

A person who is the master or pilot of a vessel must report orally to MAST as soon as practicable and, within 24 hours, report in writing to MAST any occasion –

(a) on which the vessel has been involved in an accident resulting in –

(i) damage to a vessel or facility; or

(ii) death or injury of any person; or

(iii) pollution; or

(iv) obstruction or impedance to navigation; or

(b) where there was a serious risk of an event described in paragraph (a) in a pilotage area.

Penalty:  Fine not exceeding 20 penalty units.

36.   Complaints against pilots

The master of a vessel may make a complaint in writing to MAST about the conduct of a pilot.

37.   Production of licences and certificates

(1)  A pilot who is piloting in a pilotage area must –

(a) carry his or her pilot's licence at all times; and

(b) produce that licence on demand by the master of any vessel, MAST or an authorised person.

Penalty:  Fine not exceeding 20 penalty units.

(2)  An exempt master who is navigating a vessel in a pilotage area must –

(a) carry his or her pilotage exemption certificate at all times; and

(b) produce that certificate on demand by MAST or an authorised person.

Penalty:  Fine not exceeding 20 penalty units.

PART 3 - Navigation – Specific waters

Division 1 - Tasman Bridge

38.   Definitions

In this Division –

aperture means navigable waters between any 2 supporting piers of the Bridge;

Bridge means the Tasman Bridge, being the bridge of that name across the River Derwent;

downstream, of the Bridge, means in a southerly direction;

harbour master means a person authorised by MAST to be responsible for the movement of shipping in the Port of Hobart;

main navigation channel means the waters of the River Derwent that lie in the area shown and marked as such on Plan No. G01128 held by Tasports;

main navigation span means the span of the Bridge distinguishable by green illuminated inverted triangles fixed on the northern and southern side of the span on the transverse centre line;

restricted area means the waters of the River Derwent that lie in the area shown and marked as such on Plan No. G01128 held by Tasports;

secondary navigation span means either of the spans immediately westward or immediately eastward of the main navigation span;

span means a section of the Bridge supported by 2 adjacent piers of the Bridge;

Tasports means the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938);

upstream, of the Bridge, means in a northerly direction.

39.   Vessels to be under full control, &c.

(1)  The master of a vessel approaching the Bridge to navigate it through a span must –

(a) have the vessel fully under control; and

(b) navigate the vessel with all possible care at the minimum speed required to pass safely under the bridge.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A master of a vessel proceeding under power must not attempt to pass under any part of the Bridge unless the vessel is in a fit and proper condition to do so safely.

Penalty:  Fine not exceeding 50 penalty units.

40.   Vessels exceeding 25 metres in length

(1)  The master of a vessel exceeding 25 metres in length must not cause or allow it to pass under the Bridge under its own power unless –

(a) the master of the vessel has –

(i) given MAST or the harbour master at least 2 hours' warning of the passage; or

(ii) caused and confirmed that another responsible person has given such a warning; and

(b) the passage is made only by way of the main navigation channel and through the aperture under the main navigation span.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a tug that is towing a vessel exceeding 25 metres in length must not cause or allow the vessels to pass under the Bridge unless –

(a) the master of the tug has –

(i) given MAST or the harbour master at least 2 hours' warning of the passage; or

(ii) caused and confirmed that another responsible person has given such a warning; and

(b) the passage, of both vessels, is made only by way of the main navigation channel and through the aperture under the main navigation span.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who has given MAST or the harbour master a warning under subregulation (1) or (2) must, if MAST or the harbour master so directs, confirm the warning in writing.

Penalty:  Fine not exceeding 50 penalty units.

(4)  To avoid doubt –

(a) a vessel is taken to be proceeding under its own power for the purpose of this regulation even if it is under sail or drifting; and

(b) the master of a tug is not required to comply with subregulation (1)(a)(i) for a passage under the Bridge if he or she complies with subregulation (2)(a)(i) for the passage.

41.   Vessels exceeding 15 but not exceeding 25 metres in length

(1)  The master of a vessel exceeding 15 metres but not exceeding 25 metres in length must not cause or allow it to pass under the Bridge under its own power other than through the designated aperture.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel that is towing a vessel exceeding 15 metres but not exceeding 25 metres in length must not cause or allow either vessel to pass under the Bridge other than through the designated aperture.

Penalty:  Fine not exceeding 50 penalty units.

(3)  In this rule –

designated aperture means  –

(a) if proceeding upstream, the aperture under the secondary navigation span immediately eastward of the aperture of the main navigation span that is distinguishable –

(i) on the left side at night by a fixed green light set on the pier base between 2 white lights, disposed horizontally; and

(ii) on the right side at night by one fixed white light set on the south-western corner of the pier base of the right pier; or

(b) if proceeding downstream, the aperture under the secondary navigation span immediately westward of the aperture of the main navigation span that is distinguishable –

(i) on the left side at night by a fixed green light set on the pier base between 2 white lights, disposed horizontally; and

(ii) on the right side at night by one fixed white light set on the north-eastern corner of the pier base of the right pier.

(4)  To avoid doubt, a vessel is taken to be proceeding under its own power for the purpose of this regulation even if it is under sail or drifting.

42.   Vessels not exceeding 15 metres in length and recreational vessels

Unless otherwise authorised by MAST or the harbour master, a person who is the master of a vessel not exceeding 15 metres in length or a recreational vessel must not cause or allow the vessel to pass under the Bridge through any of the apertures referred to in regulation 40 or 41 .

Penalty:  Fine not exceeding 50 penalty units.

43.   Tugs

(1)  The master of a tug may cause the tug, while towing another vessel, to pass through the aperture of the Bridge prescribed in this Division for use by the vessel being towed.

(2)  A tug, when towing another vessel, may pass through the aperture under the main navigation span instead of the prescribed aperture if –

(a) in the opinion of the master of the tug, it is unsafe to pass or attempt to pass through the prescribed aperture; and

(b) the master allows priority of passage to any vessel required to pass through the aperture under the main navigation span.

44.   Sounding signal to use main navigation channel

(1)  The master of a vessel intending to pass through the aperture under the main navigation span must signal that intention, or cause that intention to be signalled, by means of sounding one long blast as soon as any part of the vessel enters the main navigation channel.

Penalty:  Fine not exceeding 20 penalty units.

(2)  In this regulation –

long blast means a blast of approximately 10 seconds given on a vessel's siren.

45.   Navigation of several vessels in main navigation channel

(1)  The master of a vessel must not cause or allow it to be in, or to be navigated in, any part of the main navigation channel while another vessel is in, or is being navigated in, the main navigation channel unless one vessel is towing the other.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For subregulation (1) , a vessel is taken to be in, or being navigated in, the main navigation channel until it has wholly cleared the main navigation channel.

46.   Rights of way for vessels approaching main navigation span from opposite directions

(1)  If 2 or more vessels approach the Bridge to pass under the main navigation span from opposite directions, the master of each vessel must cause the sound signal referred to in regulation 44 to be given.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The vessel proceeding downstream has the right of way over any vessel proceeding upstream once it has crossed an imaginary straight line bearing east and west from the front Beltana Point lead light.

47.   Right of passage for vessels approaching main navigation span in same direction

(1)  If vessels approaching the Bridge from the same direction intend to pass under the main navigation span, the leading vessel has the passage if –

(a) in the case of a vessel proceeding upstream, it has crossed an imaginary straight line extending from Rosny Point light to Macquarie Point light; or

(b) in the case of a vessel proceeding downstream, it has crossed an imaginary straight line bearing east and west from the front Beltana Point lead light.

(2)  If 2 or more vessels subject to pilotage, other than vessels determined by MAST or the harbour master, approach the Bridge from a position south of the Bridge and intend passing under the main navigation span, the master of the second and any subsequent vessel must not proceed north of an imaginary straight line extending from Rosny Point light to Macquarie Point light until the pilot or master of the preceding vessel has advised the pilot or master on the following vessel that the vessel being navigated under the Bridge has safely passed under the main navigation span and is clear of the main navigation channel.

Penalty:  Fine not exceeding 20 penalty units.

(3)  If 2 or more vessels subject to pilotage, other than vessels determined by MAST or the harbour master, approach the Bridge from a position north of the Bridge and intend passing under the main navigation span, the master of the second and any subsequent vessel must not proceed south of an imaginary straight line joining Limekiln Point and Pavilion Point until the pilot or master on the immediately preceding vessel has advised the pilot or master of the following vessel that the vessel being navigated under the Bridge has safely passed under the main navigation span and is clear of the main navigation channel.

Penalty:  Fine not exceeding 20 penalty units.

48.   Giving way by recreational vessels

The master of a recreational vessel or of a vessel being used in or in connection with an aquatic event must not navigate the vessel in the restricted area or main navigation channel in a manner likely to interfere with, or obstruct in any way –

(a) a vessel exceeding 15 metres in length; or

(b) a tug engaged in towing.

Penalty:  Fine not exceeding 50 penalty units.

49.   Restrictions

The master of a vessel must not cause or allow it to –

(a) pass under the Bridge except through an aperture prescribed in this Division for use by such a vessel; or

(b) be in, or be navigated in, any part of the main navigation channel or of the restricted area except while the vessel is proceeding in a direction at right angles, or nearly right angles, to the longitudinal centre line of the Bridge unless it is proceeding under sail only and in conformity with these regulations; or

(c) be navigated within the main navigation channel or in the restricted area in a manner likely to cause interference with the navigation of any other vessel; or

(d) be at anchor within the restricted area or in the main navigation channel; or

(e) enter or cross the main navigation channel while a vessel is being, or is about to be, navigated in that channel; or

(f) obstruct the passage of any vessel being navigated, or intended to be navigated, through any aperture of the Bridge; or

(g) be made fast to any part of the structure of the Bridge unless authorised by MAST; or

(h) remain in any aperture unless authorised by MAST; or

(i) touch or strike any part of the Bridge.

Penalty:  Fine not exceeding 50 penalty units.

50.   Restrictions on approaching Bridge in poor visibility

(1)  The master of a vessel not exceeding 50 metres in length must not approach within 150 metres of the Bridge if visibility is such that the master is unable to see for a distance of at least 1 000 metres beyond the bow of the vessel without optical assistance.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel exceeding 50 metres in length must not approach within 450 metres of the Bridge if visibility is such that the master is unable to see, in every direction, for a distance of at least 2 780 metres without optical assistance.

Penalty:  Fine not exceeding 50 penalty units.

51.   Offences

A person must not –

(a) place across any aperture, channel or fairway of the Bridge any cable, chain, hawser, rope or other obstruction through or above the water unless authorised by MAST; or

(b) make fast a vessel or any floating timber or thing to the Bridge unless authorised by MAST; or

(c) alight onto the Bridge unless authorised by MAST; or

(d) bathe within the restricted area.

Penalty:  Fine not exceeding 50 penalty units.

52.   Signal for navigation prohibited

The master of a vessel must not cause or attempt to cause the vessel to pass under the main navigation span of the Bridge if, instead of the illuminated inverted green triangle, a red flashing light is exhibited on the transverse centre lines of the bridge on the northern and southern side of the span.

Penalty:  Fine not exceeding 50 penalty units.

53.   Prohibition of navigation

(1)  MAST, by notice, may prohibit during any specified period the navigation of any or every vessel, or a specified class of vessel, within the restricted area, through any aperture of the Bridge or under any of its spans.

(2)  A person must comply with a notice under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

(3)  The Secretary of the Department may direct MAST to issue a notice –

(a) for the purpose of maintaining or repairing any part of the Bridge; or

(b) for any other valid reason directly relating to the safety of the Bridge.

(4)  MAST must comply with a direction under subregulation (3) .

(5)  A notice under this regulation is to be published in a newspaper circulating in the relevant locality.

Division 2 - Bowen Bridge

54.   Definitions

In this Division –

aperture means navigable waters between any 2 supporting piers of the Bridge;

Bridge means the Bowen Bridge, being the bridge of that name across the River Derwent;

downstream, of the Bridge, means in an easterly direction;

harbour master means a person authorised by MAST to be responsible for the movement of shipping in the Port of Hobart;

navigation span, of the Bridge, means the span between piers 4 and 5 distinguishable by illuminated green inverted triangles on the northern and southern side of the span on the transverse centre line;

span means a section of the Bridge supported by 2 adjacent piers of the Bridge;

upstream, of the Bridge, means in a westerly direction.

55.   Vessels to be under full control, &c.

(1)  The master of a vessel approaching the Bridge to navigate it through an aperture must –

(a) have the vessel fully under control; and

(b) navigate the vessel with all possible care at the minimum speed required to pass safely through the aperture.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel proceeding under power must not cause or allow it to pass through an aperture of the Bridge unless the vessel is in a fit and proper condition to do so safely.

Penalty:  Fine not exceeding 50 penalty units.

56.   Responsibility of masters with regard to general safety and clearance

(1)  The master of a vessel must not pass through an aperture of the Bridge unless he or she has determined that it is safe and practicable for the vessel to pass through the particular aperture taking into account –

(a) the maximum height of the superstructure above the waterline of the vessel; and

(b) the clear vertical clearance available at each aperture.

Penalty:  Fine not exceeding 50 penalty units.

(2)  In this regulation –

superstructure, of a vessel, means –

(a) a mast, aerial, radar scanner or similar apparatus on the vessel; or

(b) any crane or derrick on the vessel; or

(c) any other part of the vessel extending above the main deck.

57.   Use of spans

(1)  The master of a vessel, when passing under the Bridge, must use the navigation span wherever practicable.

Penalty:  Fine not exceeding 30 penalty units.

(2)  The master of a recreational vessel, when passing under the Bridge except during the hours of darkness, must use a span other than the navigation span wherever practicable.

Penalty:  Fine not exceeding 30 penalty units.

58.   Rights of way for vessels approaching navigation span from opposite directions

(1)  If 2 or more vessels approach the Bridge to pass under the navigation span from opposite directions, the master of each vessel must cause a sound signal to be given.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The vessel proceeding downstream has the right of way over any vessel proceeding upstream.

59.   Giving way by recreational vessels

The master of a recreational vessel or of a vessel being used in or in connection with an aquatic event must not navigate the vessel in any part of the navigation span of the Bridge in a manner likely to interfere with, or obstruct in any way, any other vessel.

Penalty:  Fine not exceeding 30 penalty units.

60.   Restrictions

The master of a vessel must not cause or allow the vessel to –

(a) be navigated within the navigation span of the Bridge in a manner likely to cause interference with the navigation of any other vessel; or

(b) be at anchor within the navigation span of the Bridge; or

(c) enter or cross the navigation span of the Bridge while a vessel is being, or is about to be, navigated in the span; or

(d) obstruct the passage of any vessel being navigated, or intended to be navigated, under the navigation span of the Bridge; or

(e) be made fast to any part of the structure of the Bridge unless authorised by MAST or the Secretary of the Department; or

(f) remain in any aperture of the Bridge unless authorised by MAST or the Secretary of the Department; or

(g) touch or strike any part of the Bridge.

Penalty:  Fine not exceeding 20 penalty units.

61.   Offences

A person must not –

(a) place across any aperture or the navigation span of the Bridge any cable, chain, hawser, rope or other obstruction through or above the water unless authorised by MAST; or

(b) make fast a vessel or any floating timber or thing to the Bridge unless authorised by MAST; or

(c) alight onto the Bridge unless authorised by MAST; or

(d) bathe from the Bridge without the written permission of MAST; or

(e) fish from the Bridge.

Penalty:  Fine not exceeding 20 penalty units.

62.   Signal for navigation prohibited

The master of a vessel must not cause or attempt to cause the vessel to pass under the navigation span of the Bridge if, instead of the illuminated inverted green triangle, a circular flashing red light is illuminated.

Penalty:  Fine not exceeding 50 penalty units.

Division 3 - Incidents involving Tasman or Bowen Bridge

63.   Collisions and incidents to be reported

(1)  The master of a vessel that has collided with the Tasman Bridge or Bowen Bridge or has been involved in an incident in Zone B must –

(a) report the collision or incident to MAST as soon as the emergency permits; and

(b) provide a written report to MAST within 24 hours of the collision or incident.

Penalty:  Fine not exceeding 20 penalty units.

(2)  An incident may include –

(a) the loss of an anchor or cable; or

(b) becoming stranded; or

(c) becoming involved in any incident which endangers the vessel or any person aboard or ashore; or

(d) an incident that threatens the environment.

Division 4 - Denison Canal

64.   Denison Canal

(1)  The master of a vessel using or about to use the Denison Canal must comply with any directions he or she is given by MAST regarding that use.

Penalty:  Fine not exceeding 20 penalty units.

(2)  The master of a vessel must not, without the express written permission of MAST, permit the vessel to remain in the Denison Canal except for the purpose of passing through it.

Penalty:  Fine not exceeding 20 penalty units.

(3)  The master of a vessel must navigate the vessel through the Denison Canal with all possible care so as not to damage its banks.

Penalty:  Fine not exceeding 50 penalty units.

(4)  The bridge across the Denison Canal is to be opened for the passage of vessels only between 8 a.m. and 5 p.m. each day unless MAST otherwise determines.

(5)  In this regulation –

Denison Canal means the canal of that name situated between Norfolk Bay and Blackman Bay.

PART 4 - Navigation – General

Division 1 - Pilotage Areas

65.   Directions of MAST to be obeyed

The master of a vessel or any person resorting or intending to resort to the waters within a pilotage area must promptly obey any directions that he or she is given by MAST.

Penalty:  Fine not exceeding 50 penalty units.

66.   Conduct of vessels within pilotage areas

(1)  MAST or an authorised person may give directions relating to the following:

(a) the time and manner in which the vessel may enter or leave a pilotage area;

(b) the movements of any vessel within a pilotage area;

(c) the position where, and the manner in which, any vessel may anchor or be moored within a pilotage area;

(d) the time and manner of the taking in or discharging by any vessel within a pilotage area, of cargo, stores, fuel, water or ballast;

(e) the embarking or disembarking of passengers within a pilotage area;

(f) the right to berth at any wharf in a pilotage area;

(g) removal of a vessel from a berth or pilotage area if circumstances so require;

(h) the stability of a vessel in a pilotage area;

(i) the manner in which a vessel's machinery is dismantled in a pilotage area.

(2)  Directions under subregulation (1) may be given –

(a) in writing to a specific person; or

(b) by notice published in a newspaper circulating in the locality of the pilotage area.

(3)  A person must comply with any direction under subregulation (1) that applies to that person.

Penalty:  Fine not exceeding 20 penalty units.

67.   Vessels in dangerous condition not to enter pilotage areas

(1)  The master of a vessel must not enter a pilotage area without the permission of MAST if –

(a) the vessel or any part of it is on fire; or

(b) there has been a fire on the vessel within 24 hours before its arrival in the pilotage area; or

(c) any cargo on the vessel is on fire; or

(d) the vessel is in such a leaky or unseaworthy or unusual condition that it is likely to endanger the safety or navigation of the pilotage area.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of the vessel must notify MAST of any matter referred to in subregulation (1) before entering a pilotage area.

Penalty:  Fine not exceeding 20 penalty units.

68.   Passenger ferries in pilotage areas

(1)  MAST, if it considers it necessary to do so, may prohibit the navigation of any vessel to ply for the purpose of conveying passengers or passengers and vehicles from within a pilotage area.

(2)  A prohibition under subregulation (1)  –

(a) may be imposed orally, by visual signal, by radio, by telephone or in writing; and

(b) has effect for such period as MAST determines.

(3)  The master of a vessel must not contravene a prohibition under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

69.   Listening watch to be kept when approaching or in pilotage areas

The master of a vessel, when approaching a pilotage area and whilst navigating in a pilotage area, must cause a constant listening watch to be maintained on VHF Channel 12.

Penalty:  Fine not exceeding 30 penalty units.

Division 2 - Facilitation of navigation, &c.

70.   Course directions

(1)  MAST or an authorised person may, by notice, direct the master of a vessel to navigate it on a route specified in the notice.

(2)  The master of a vessel who is given a notice under subregulation (1) must comply with that notice.

Penalty:  Fine not exceeding 50 penalty units.

71.   Navigation during regattas

(1)  The following provisions apply on any day on which an aquatic event is held:

(a) the master of a vessel must not navigate it in a manner likely to –

(i) obstruct, impede or interfere with the aquatic event; or

(ii) endanger the safety of any persons competing or assembled at the aquatic event;

(b) the master of a vessel that is being navigated near the course fixed for a race in the aquatic event must reduce speed so that the wash from the vessel does not cause interference to any person taking part in that race;

(c) the master of a vessel must not cross or attempt to cross the course fixed for a race in the aquatic event –

(i) within 400 metres of the starting point for the race; or

(ii) while the race is in progress;

(d) the master of a vessel that is on the course fixed for a race in the aquatic event before the commencement of the race must move the vessel from the course immediately the race has started;

(e) the master of a vessel, other than a launch carrying officials conducting the aquatic event, must not follow or accompany a race in that aquatic event so that the vessel comes within 200 metres of a boat engaged in the race;

(f) the master of a vessel intending to follow a race in the aquatic event must take up position behind the starting point of the race before the commencement of the race;

(g) the master of a vessel being navigated in, or in the vicinity of, a race in the aquatic event must obey promptly any directions given by race officials.

Penalty:  Fine not exceeding 20 penalty units.

(2)  MAST is to cause a notice to be published once in a daily newspaper circulating in the locality of an aquatic event specifying –

(a) the day on which the aquatic event is to take place; and

(b) the hours within which the aquatic event is to take place; and

(c) the waters within which the aquatic event is to take place.

(3)  If an unusual concourse of vessels is expected during an aquatic event, MAST may give directions with regard to –

(a) the mooring or unmooring of any vessel; and

(b) the order in which vessels are to have the use of any wharf, and in which they must depart from any wharf; and

(c) the distance which vessels are to keep from each other in narrow channels or within any defined limits or from any specified vessel; and

(d) the areas from which vessels are excluded during specified periods except with written permission from MAST.

(4)  Any directions are to be advertised at least once in a daily newspaper published and circulating in the locality of the event.

(5)  A person must comply with a direction.

Penalty:  Fine not exceeding 20 penalty units.

72.   Notification of dangerous navigation conditions

The master of a vessel, if visibility or other conditions are such that navigation of the vessel at the time is likely to constitute a danger, must inform MAST or an authorised person immediately by radio or otherwise as soon as practicable of such circumstance.

Penalty:  Fine not exceeding 20 penalty units.

73.   Obstruction of fairways and channels

The master of a vessel must not –

(a) anchor, moor or lie in any fairway or channel; or

(b) cause any cable, chain, hawser, rope or other obstruction to be placed across any fairway or channel through or above water.

Penalty:  Fine not exceeding 20 penalty units.

74.   Interference with navigation

(1)  MAST, an authorised person or a police officer, by notice, may prohibit all, or any class or description of, navigation in a specified locality at a specified time or any act interfering with navigation.

(2)  A person must not contravene a notice under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

(3)  MAST, by notice, may declare a specified area surrounding any vessel navigating, moored or at anchor to be a prohibited area for other vessels or persons.

(4)  A person must not enter or remain in a prohibited area.

Penalty:  Fine not exceeding 50 penalty units.

(5)  MAST, an authorised person or a police officer may –

(a) order the master of a vessel or a person to leave a prohibited area; and

(b) intercept and remove to a place of safety any vessel in a prohibited area, or apprehend and remove any person in a prohibited area to a place of safety.

(6)  A person must comply with an order under subregulation (5) .

Penalty:  Fine not exceeding 50 penalty units.

(7)  A notice under this regulation is to be published in a newspaper circulating in the relevant locality.

(8)  In this regulation –

prohibited area means an area referred to in subregulation (3) .

75.   Unmooring of vessels

A person must not unmoor a vessel that is moored to a wharf, anchor or buoy or tied to another vessel without the permission of the owner or the master of the first-mentioned vessel.

Penalty:  Fine not exceeding 50 penalty units.

76.   Fishing nets and lines

A person must not lay a fishing net or line –

(a) in a channel or fairway; or

(b) made fast to any wharf or navigation aid; or

(c) within a prohibited area within the meaning of regulation 74(3) .

Penalty:  Fine not exceeding 20 penalty units.

77.   Anchoring and dredging near submarine cables or pipelines

(1)  The master of a vessel must not anchor it within 90 metres of a submarine cable or pipeline except in an emergency.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The master of a vessel must not dredge an anchor or other equipment of the vessel within 90 metres of a submarine cable or pipeline.

Penalty:  Fine not exceeding 50 penalty units.

Division 3 - Speed

78.   Speed limits

(1)  The master of a vessel must not navigate it at a speed likely to –

(a) damage any wharf, shore, bank or any other vessel; or

(b) interfere with any other vessel in its proper navigation.

Penalty:  Fine not exceeding 20 penalty units.

(2)  MAST, if it considers necessary, by notice, may direct the master of any vessel or class of vessel not to navigate the vessel at a speed exceeding the speed specified in the notice.

(3)  A person who is given a notice under subregulation (2) must comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

79.   Maximum speed limit in certain areas

(1)  The master of a vessel must not navigate the vessel at a speed exceeding 5 knots –

(a) when passing within 60 metres of –

(i) a shoreline, river bank, diving platform or marine facility; or

(ii) a boat that is underway, at anchor, moored or engaged in fishing or rowing; or

(iii) a buoy laid by or with the approval of MAST; or

(iv) a person on water skis, an aquaplane or similar object being towed by another boat; or

(b) when passing within 120 metres of –

(i) a person bathing; or

(ii) a vessel or buoy displaying the signal letter "A" of the International Code of Signals which signifies "I have a diver down; keep well clear at slow speed".

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that, at the relevant time –

(a) there was no reasonable likelihood of injury, nuisance or annoyance to persons or damage to property; or

(b) if the offence involves passing another vessel, the vessels passed on parallel courses where no nuisance, annoyance or danger was caused to the occupants of either vessel; or

(c) the reason the speed limit was exceeded falls within circumstances, determined by MAST, relating to the vessel's need to maintain speed so as not to lose steerage.

80.   Speed trials

(1)  If a vessel is engaged in any trial of speed or operating in competition in a manner that is likely to cause a special risk of collision, MAST may give the master of the vessel oral or written directions as to –

(a) the time when the vessel is to leave any wharf; and

(b) the course to be taken by the vessel at any point of such trial of speed or of operation.

(2)  A person who is given directions under subregulation (1) must comply with those directions.

Penalty:  Fine not exceeding 50 penalty units.

Division 4 - Distracting lights and fires

81.   Lights

(1)  A person must not light any of the following that is visible from any waters under the jurisdiction of MAST without the written permission of MAST:

(a) a neon or similar sign;

(b) an outdoor floodlight;

(c) a flashing light;

(d) a red light;

(e) a green light;

(f) an illuminated advertisement or trader's sign.

Penalty:  Fine not exceeding 20 penalty units.

(2)  MAST may only give permission if satisfied that any action under subregulation (1) is not likely to substantially interfere with navigation.

(3)  MAST, by notice, may direct a person to extinguish or screen any light that –

(a) may reasonably be mistaken for a navigation light; or

(b) throws a glare in a manner likely to affect navigation.

(4)  The notice may specify –

(a) the period within which the person is to comply with the directions in the notice; and

(b) the period, definite or indefinite, during which the person is to comply with the directions in the notice.

(5)  A person who is given a notice under subregulation (3) must comply with that notice.

Penalty:  Fine not exceeding 50 penalty units.

82.   Fires

(1)  MAST, by notice, may direct a person to extinguish or screen any fire that –

(a) may reasonably be mistaken for a navigation light; or

(b) throws a glare in a manner likely to affect navigation.

(2)  The notice may specify –

(a) the period within which the person is to comply with the directions in the notice; and

(b) the period, definite or indefinite, during which the person is to comply with the directions in the notice.

(3)  A person who is given a notice under subregulation (1) must comply with that notice.

Penalty:  Fine not exceeding 50 penalty units.

PART 5 - Unseaworthy vessels

83.   Service of notices to make vessels seaworthy

(1)  A notice under section 38B of the Act may be served by publishing the notice in a newspaper circulating in the relevant locality.

(2)  The notice remains in force until –

(a) in the case of a commercial vessel, the relevant certificate of survey is obtained; or

(b) in the case of a recreational vessel, a qualified marine surveyor has surveyed the vessel and found it to be in a seaworthy condition.

84.   Orders for seizure of abandoned vessels

(1)  Where the Supreme Court makes an order under section 38D of the Act for the seizure and disposal of a vessel, MAST is to publish a notice in a newspaper circulating in the relevant locality advising of –

(a) the date for the disposal of the vessel; and

(b) the means of disposal of the vessel.

(2)  MAST is to keep a record of all costs incurred in the seizure and disposal of the vessel.

85.   Unseaworthy vessels not to be navigated

(1)  A person must not –

(a) navigate an unseaworthy vessel; or

(b) cause another person to navigate an unseaworthy vessel.

Penalty:  Fine not exceeding 50 penalty units.

(2)  However, it is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that –

(a) the person used all reasonable means to ensure the seaworthiness of the relevant vessel; or

(b) at the relevant time, the person was owner or master of the relevant vessel and its navigation was reasonable in the circumstances.

86.   Detention of unseaworthy vessels

(1)  MAST or an authorised person, by notice to the owner of the vessel, may detain an unseaworthy vessel.

(2)  A notice remains in force until –

(a) the relevant certificate of survey is obtained; or

(b) a survey of the vessel is made; or

(c) the reason for the detention ceases to exist.

(3)  MAST, or an authorised person, is to arrange for the survey of a vessel to be carried out as soon as practicable after the vessel is detained.

(4)  The owner of a detained vessel, if required to do so by an authorised person, must –

(a) allow the authorised person to inspect the vessel; and

(b) cause the vessel to be taken to any place determined by the authorised person; and

(c) cause the vessel to be docked or slipped and the cargo discharged or re-stowed to enable inspection of the vessel.

Penalty:  Fine not exceeding 50 penalty units.

(5)  The person carrying out the survey is to forward a report of the survey to MAST as soon as practicable.

87.   Further detention

(1)  On receipt of a report of the survey of a vessel under regulation 86 , MAST may –

(a) release the vessel; or

(b) order the further detention of the vessel until compliance with any specified conditions.

(2)  MAST is to give to the owner of the vessel –

(a) a copy of an order made under subregulation (1) in respect of the vessel; and

(b) a copy of the report of the survey of the vessel.

88.   Applications for administrative review of determinations

(1)  A person who is the owner or master of a vessel may, in writing, request MAST to review a determination made in respect of the vessel that is the subject of –

(a) a notice under section 38B or an order under section 38D of the Act; or

(b) a notice under regulation 86 ; or

(c) an order under regulation 87(1)(b) .

(2)  MAST may refuse to accept a request for a review of a determination made in respect of a vessel if MAST is satisfied that –

(a) the request is frivolous, vexatious or made in bad faith; or

(b) a review has already been conducted resulting in no change to the determination to either make the vessel seaworthy or relocate the vessel and there has been no material alteration to the vessel or its circumstances since that review or appeal was conducted.

89.   Application for judicial review of administrative detention

(1)  If a person is aggrieved by –

(a) a notice under regulation 86 ; or

(b) an order under regulation 87(1)(b) ; or

(c) any requirement made by an authorised person under regulation 86(4)  –

the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of that notice, order or requirement.

(2)  An application is to be made within 14 days from the date on which the person was notified of the notice, order or requirement.

90.   Offences in relation to unseaworthy vessels

(1)  A person must not –

(a) resist the detention of a vessel under regulation 86 or 87 ; or

(b) obstruct the inspection or survey of a vessel.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not navigate, or permit the navigation of, a vessel in respect of which a notice under regulation 86 or an order under regulation 87 has been made.

Penalty:  Fine not exceeding 20 penalty units.

91.   Costs payable by owners and masters

If MAST requires a vessel detained under regulation 86 or 87 to be taken to sea, the owner and master of the vessel are liable to pay all costs incurred as a consequence.

92.   Complaints about unseaworthy vessels

(1)  A person may make a complaint to MAST that a vessel is unseaworthy.

(2)  MAST or an authorised person is to investigate a complaint as soon as practicable.

(3)  MAST may require a person making a complaint to deposit security equivalent to the estimated amount of costs and compensation payable in respect of investigating the complaint.

(4)  A person must not navigate a vessel in respect of which an investigation is being carried out under this regulation.

Penalty:  Fine not exceeding 20 penalty units.

PART 6 - Miscellaneous

93.   False or misleading statements

A person must not, in giving any information under these regulations –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without the matter the statement is false or misleading.

Penalty:  Fine not exceeding 20 penalty units.

94.   Exemptions

(1)  A person may apply to MAST to be exempted from a provision of these regulations.

(2)  The application is to be in an approved form.

(3)  MAST, in its discretion, may approve or refuse the application.

(4)  If MAST approves the application, it may grant the exemption subject to such conditions, whether relating to time, geographic area, maritime activity or otherwise, as MAST considers necessary.

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

Notified in the Gazette on 27 July 2007

These regulations are administered in the Department of Infrastructure, Energy and Resources.