Northern Territory Repealed Regulations Northern Territory Repealed RegulationsThis legislation has been repealed.
[This Regulation commenced on 01 February 2009 and was repealed by the MARINE SAFETY (DOMESTIC COMMERCIAL VESSEL) (NATIONAL UNIFORM LEGISLATION) ACT 2013, NO. 11 which commenced on the 01 July 2013.]
NORTHERN TERRITORY OF AUSTRALIA
MARINE (SAFETY) REGULATIONS
As in force at 1 February 2009
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Regulations as in force at 1 February 2009. Any amendments that commence after that date are not included.
____________________
MARINE (SAFETY) REGULATIONS
Regulations under the Marine Act
These Regulations may be cited as the Marine (Safety) Regulations.
These Regulations shall come into operation on a date to be fixed by the Minister by notice in the Gazette.
In these Regulations, unless the contrary intention appears:
Code means the Uniform Code and includes appendices thereto.
section, clause and subclause mean section, clause and subclause of the Code.
vessel means a vessel other than a vessel that is:
(a) an air-cushioned vehicle;
(b) a pleasure craft;
(c) a commercial vessel that is proceeding on an interstate or overseas voyage;
(d) a fishing vessel that is proceeding on an overseas voyage;
(da) a fishing vessel that is less than 6.2 metres in length that is operating in conjunction with a mother vessel and is within 5 nautical miles of the mother vessel;
(db) a fishing vessel that is less than 6.2 metres in length that is operating within 5 nautical miles of the coast;
(e) an off-shore industry mobile unit;
(f) an off-shore industry vessel in respect of which a declaration under section 8A(5) of the Navigation Act is in force; or
(g) a hire and drive vessel that is less than 7 metres in length.
These Regulations apply to a vessel within the meaning of the definition in regulation 3 notwithstanding that the vessel may be a vessel to which Part IV of the Act does not apply.
In construing sections 10, 11, 12, 13 and 15:
(a) the definitions contained in section 1 and those sections shall be read subject to the Act and these Regulations; and
(b) references to "an Authority", "the Authority" or "that Authority" shall, in relation to the Territory, be read in the manner set out in Schedule 1.
(1) Subject to this regulation, for the purposes of section 99 of the Act:
(a) the scales of live-saving appliances set out in Part 3 of section 10;
(b) the scales of fire-fighting equipment set out in Part 2 of section 11;
(c) the radio equipment required by subclauses 7.1, 9.1 and 11.1 of section 12; and
(d) the miscellaneous equipment required by subclause 5.7 and Parts 3 and 4 of section 13,
in so far as those scales and requirements apply to a vessel, constitute the prescribed equipment for that vessel.
(2) Class 1E, 2E, 3E, 2D and 3D vessels are not required to carry radio equipment.
(3) Class 1B, 1C, 2B, 2C, 3B and 3C vessels must carry, in addition to the equipment specified in subregulation (1), an approved Emergency Position Indicating Radio Beacon having an operation frequency of 406 MHz, and, for the purposes of section 99 of the Act, the beacon constitutes prescribed equipment for those vessels.
(5) For the purposes of this regulation, approved means approved by:
(a) the Director; or
(b) the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 of the Commonwealth.
For the purposes of section 100 of the Act, the prescribed medicines and medical stores to be carried by a vessel are those contained in the applicable scales in Parts 3 and 4 of section 13.
Where a vessel is required to carry an Official Log Book or Vessel Record Book, that Book shall be kept and maintained in accordance with Appendices M and N to Part 4 of section 13.
Section 15 extends and applies:
(a) in respect of clauses 2 to 12.1 inclusive – to all vessels;
(b) in respect of subclause 12.2 – to all vessels other than Class 1D, 1E, 1F or Class 2D, 2E or Class 3 vessels; and
(c) in respect of subclause 12.3 – to Class 3A, 3B and 3C vessels only.
For the purposes of section 101 of the Act, the prescribed qualifications of a radio station operator and the prescribed number of operators are those set out in subclauses 7.1, 9.1 and 21.1 of section 12.
Part III of section 15 extends and applies to all vessels subject to the Act, whilst in Northern Territory waters.
For the purposes of section 115(2) of the Act, the prescribed person is the officer-in-charge of the Australian Coast Radio Station at Darwin, known as Darwin Radio and operated by the Overseas Telecommunications Commission.
The Minister may, by notice in the Gazette, make determinations in relation to:
(a) the methods of packing and stowing;
(b) the marking; and
(c) the carriage,
of dangerous goods in a vessel, and such a determination may include additional requirements where the vessel is a vessel in which passengers are or are to be carried.
(1) A person who intends to ship dangerous goods in a vessel shall, not less than 36 hours before those goods are loaded on the vessel, give notice in the form in Schedule 2 to a shipping officer at the port nearest the port or place at which he intends to load those goods on the vessel.
(2) A notice under subregulation (1) shall not refer to dangerous goods by a trade name.
(3) A person shall not:
(a) fail to give a notice as required by this regulation; or
(b) give a notice that is false or misleading in any particular.
Penalty: 50 penalty units.
(1) Where:
(a) dangerous goods are being packed for carriage in a vessel; or
(b) a notice of intention to ship dangerous goods has been given in relation to a vessel,
a surveyor or shipping inspector may inspect the place at which the goods are being packed and may make such visits to the vessel as he considers necessary in relation to the packing, stowage, marking and carriage of the goods.
(2) There shall be payable by the owner, master or agent of the vessel such fees as the Minister determines for an inspection.
The owner or master of a vessel carrying dangerous goods shall ensure that there is prepared and kept on board that vessel a special list or stowage plans setting out:
(a) the classes and descriptions of dangerous goods carried on the vessel;
(b) the correct technical name of the dangerous goods comprised in each class of dangerous goods so carried; and
(c) the location in the vessel of each class of dangerous goods carried on the vessel.
Penalty: 50 penalty units.
(1) Where a package or object of more than 1,000 kg in gross weight is carried on a vessel, the package or object shall, before being loaded onto the vessel, be clearly and durably marked with marks denoting the gross weight of the package or object.
(2) Where the exact gross weight of the package or object cannot be determined without exceptional difficulty, the package or object shall be clearly and durably marked with marks denoting the approximate gross weight of the package.
(3) Where a package or object is carried on a vessel and there has been a failure to comply with this regulation, the owner and master of the vessel and the person shipping the object or package are each guilty of an offence.
Penalty: 50 penalty units.
(1) The Minister may by notice determine the requirements for the carriage of deck cargo, livestock and hazardous cargoes on a vessel.
(2) Before making a determination the Minister shall have regard to:
(a) the stability of the vessel;
(b) the stowage of the cargo in relation to safety, equipment, sounding pipes and freeing ports;
(c) through access for the working of the vessel;
(d) stowage in relation to the safe navigation of the vessel;
(e) the securing of the cargo;
(f) stowage on hatches in the vessel;
(g) loading in relation to the structural strength of the vessel;
(h) the carriage of unberthed passengers;
(j) condition of the cargo; and
(k) any other matter appearing to him to be likely to affect the safety of the vessel or the condition of any livestock carried in the vessel.
(3) The owner or the master of a vessel who allows to be carried or carries in or on a vessel deck cargo, livestock and hazardous cargoes in contravention of, or otherwise than in compliance with, a determination made by the Minister is guilty of an offence.
Penalty: 100 penalty units.
An offence of contravening or failing to comply with regulation 15 or 16 is a regulatory offence.
Schedule 1 Construction of "Authority" in sections 10, 11, 12, 13 and 15
regulation 4(b)
|
Section
|
Words
|
Construction
|
|
section 10.5.1
|
"the Authority concerned"
|
"the Director"
|
|
section 10.6, 8.2, and 10.1
|
"the Authority"
|
"the Director"
|
|
Tables and Appendices to section 10
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
section 11 Part 2 (Scales of equipment)
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
section 11 Part 3 Appendices A and G
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
section 12.3
|
"each Authority"
|
"the Territory"
|
|
|
"the Authority"
|
"the Minister"
|
|
section 12.10.1
|
"the Authority"
|
"the Minister"
|
|
section 12.12.3
|
"the Authority"
|
"the Director"
|
|
section 12.1.3.1, 13.2, 16.2, 17.1,
17.2
|
"the Authority"
|
"the Director"
|
|
Appendices A, B and Z to section 12
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
section 13.5.6
|
"the Authority"
|
"the Director"
|
|
Appendices B, C, D and F to section 13
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
Appendix H to section 13
|
"an Authority"
|
"the Director"
|
|
– paragraph 1.4.1
|
"the Authority"
|
"the Director"
|
|
– paragraph 1.4.2
|
"an Authority"
|
"the Director"
|
|
Section
|
Words
|
Construction
|
|
– paragraph 2.3
|
"Authorities"
|
"the Director"
|
|
– paragraphs 4.2 and 4.4
|
"an Authority"
|
"the Director"
|
|
Notes to Table 1
|
"the Authority" (twice occurring)
|
"the Director"
|
|
Appendices J, K and L to section 13
|
"the Authority" (wherever occurring)
|
"the Director"
|
|
Appendix M to section 13 – paragraph
1
|
"the Authority"
|
"the Director"
|
|
– paragraph 3
|
"the Authority"
|
"a shipping officer"
|
|
– paragraphs 5 and 6
|
"a Superintendent/ Authority"
|
"a shipping officer"
|
|
Appendix N to section 13 – paragraphs 1 and
4
|
"the Authority"
|
"the Director"
|
|
– paragraph 6
|
"the Superintendent/ Authority"
|
"the shipping officer"
|
|
section 15.1.3
|
"The Authority"
|
"The Director"
|
|
section 15.2.3
|
"An Authority"
|
"The Director"
|
|
section 15.3.6, 6.2, 6.7, 7.2, 6.2, 6.7, 7.2, 8.1,
12.2.1, 12.2.2, 12.2.4, and Schedule IV in Appendix B
|
"the Authority"
|
"the Director"
|
|
section 15.16.6
|
"The Authority"
|
"The Director"
|
|
section 15.16.7
|
"The Authority"
|
"the Director"
|
|
section 15.17.2
|
"The Authority"
|
"The Director"
|
FORM S. 8
regulation 13
NORTHERN TERRITORY OF AUSTRALIA
MARINE (SAFETY) REGULATIONS
NOTICE OF INTENTION TO SHIP DANGEROUS GOODS
To: (Shipping Officer)
NOTICE is hereby given that it is proposed to
ship in .............................. at ................ on
................, 19.........(name of vessel) the following dangerous
goods:
Number of packages ...................
Correct technical name
........................
Size of packages
.....................................................................................
Gross weight .............................. How packed ....................................
Name and address of
shipper
Name........................................................................................................
Address.............................................................................................................
.......................................................................................................
CERTIFICATE
I hereby certify that the dangerous goods to which this notice relates have been packed and marked in accordance with the determination made under regulation 12 applicable to them.
.............................
Shipper
........../........../..........
Date
1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
|
Marine (Safety) Regulations (SL No. 12,
1982)
|
|
|
Notified
|
12 March 1982
|
|
Commenced
|
31 March 1982 (Gaz G12, 26 March 1982, p
4)
|
|
Criminal Law (Regulatory Offences) Act
1983 (Act No. 68, 1983)
|
|
|
Assent date
|
28 November 1983
|
|
Commenced
|
1 January 1984 (s 2, s 2 Criminal Code Act
1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and
Gaz G8, 26 February 1986, p 5)
|
|
Amendments of Marine (Safety) Regulations
(SL No. 11, 1993)
|
|
|
Notified
|
9 June 1993
|
|
Commenced
|
1 September 1993 (r 1)
|
|
Amendments of Marine (Safety) Regulations
(SL No. 14, 2001)
|
|
|
Notified
|
2 April 2001
|
|
Commenced
|
2 April 2001
|
|
Marine Amendment Regulations 2007 (SL No.
38, 2007)
|
|
|
Notified
|
19 December 2007
|
|
Commenced
|
1 February 2009 (r 2)
|
3 LIST OF AMENDMENTS
r 3A ins No. 11, 1993, r 2
r 5 amd No. 11, 1993, r 3; No. 14, 2001, r 2; No. 38, 2007, r 8
r 13 amd No. 14, 2001, r 3
r 15 amd No. 14, 2001, r 4
r 16 amd No. 14, 2001, r 5
r 17 amd No. 14, 2001, r 6
r 18 ins Act No. 68, 1983, s 81