New South Wales Consolidated Acts

MARINE SAFETY ACT 1998

- As at 11 November 2009
- Act 121 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Meaning of “vessel”
   6.      Meaning of vessel “connected with this State”
   7.      Meaning of “owner” of vessel
   8.      Vessels and waters to which Act applies
   9.      Application of Act to Defence Force vessels

   PART 2 - SAFETY OF NAVIGATION

   10.     Regulations for prevention of collisions at sea or in other navigable waters
   11.     Speed limits, no wash zones and other restrictions on operation of vessels in navigable waters by display of notice
   12.     Restrictions on operation of vessels in navigable waters during special events by publication of notice
   13.     Reckless, dangerous or negligent navigation and other acts
   14.     Unreasonable interference by operation or use of vessel
   15.     Protection of navigation aids
   15A.    Power to give directions relating to safety on navigable waters
   16.     Removal of obstructions in navigable waters
   17.     Minister’s approval required for aquaculture leases over navigable waters
   18.     Regulation of organised aquatic activities in navigable waters
   19.     Regulations relating to safety of navigation

   PART 3 - BOATING SAFETY-ALCOHOL AND OTHER DRUG USE

           Division 1 - Interpretation

   20.     Definitions
   21.     Application of Part and Schedule 1
   22.     Prescribed concentrations of alcohol
   23.     Measurement of alcohol concentrations

           Division 2 - Offences involving prescribed concentrations of alcohol

   24.     Presence of prescribed concentration of alcohol in person’s breath or blood
   24A.    (Repealed)
   25.     Alternative verdicts for lesser offences
   26.     Presence of higher concentration of alcohol not defence
   27.     Defence for offence relating to youth range prescribed concentration of alcohol

           Division 3 - Offences involving operating a vessel under the influence of alcohol or other drug

   28.     Operating vessel under influence of alcohol or other drug

           Division 4 - Related matters

   28A.    Cancellation and suspension of marine safety licences
   28B.    Application of section 10 of Crimes (Sentencing Procedure) Act 1999
   28C.    Random breath testing and other matters related to alcohol and drug use

   PART 4 - MARINE SAFETY LICENCES

           Division 1 - General

   29.     Types of marine safety licences

           Division 2 - Grant of marine safety licences and related matters

   30.     Grant of licences
   31.     Conditions of licences
   32.     Offence to contravene conditions of licence
   33.     Duration of licence
   34.     (Repealed)
   35.     Offences relating to licences
   36.     Special provision relating to marine pilot’s licence or marine pilotage exemption certificate
   37.     Regulations relating to licences

           Division 3 - Suspension or cancellation of marine safety licences

   38.     Suspension or cancellation of licences or disqualification of persons from holding licences
   39.     Suspension or cancellation of licences by court in connection with offence
   40.     Return of suspended or cancelled licence

           Division 4 - Review by Administrative Decisions Tribunal

   41.     Definition of “Tribunal”
   42.     Rights of review
   43.     Failure to make decision

   PART 5 - REQUIREMENTS FOR VESSELS

           Division 1 - Unsafe vessels

   44.     Definition of “unsafe vessel”
   45.     Owner or master not to operate unsafe vessel
   46.     Detention of unsafe vessels
   47.     Operating detained vessel
   48.     Costs of detention

           Division 2 - Vessel registration

   49.     Vessels requiring registration
   50.     Vessels exempt from registration
   51.     Offence to operate unregistered vessel
   52.     Additional grounds for refusal, suspension or cancellation of registration

           Division 3 - Survey certificates for commercial vessels

   53.     Offence to operate commercial vessel without survey certificate
   54.     Grant of survey certificate and survey schedule for commercial vessels
   55.     (Repealed)
   56.     Regulations relating to commercial vessels-construction, survey and other matters

           Division 4 - Certificates of competency for master and specified crew of commercial vessels and safety manning

   57.     Vessels to which this Division applies
   58.     Persons required to hold certificates of competency
   59.     Offence for failure to hold appropriate certificate of competency
   60.     Minimum complement of vessels
   61.     Detention of vessels operated contrary to this Division

           Division 5 - Boat driving licences for power-driven recreational vessels

   62.     Vessels to which Division applies
   63.     Offence to operate recreational vessel without appropriate boat driving licence
   63A.    Offences committed by disqualified holders of boat driving licences
   64.     Exemption from requirement to hold boat driving licence

           Division 6 - Miscellaneous provisions relating to vessels

   65.     Recognised marine safety licences
   66.     Mutual recognition of marine safety licences
   67.     Regulation of marine safety equipment or facilities
   68.     Regulation of design and construction of recreational vessels
   68A.    Regulations relating to builders plates for vessels
   69.     Regulation of passengers
   70.     Vessel identification etc

   PART 6 - PILOTAGE

           Division 1 - Preliminary

   71.     Definitions

           Division 2 - Prohibition against unauthorised marine pilots

   72.     Marine pilots in any port to be licensed
   73.     Marine pilots in pilotage ports to be provided by pilotage service provider

           Division 3 - Pilotage

   74.     Pilotage compulsory in pilotage ports
   75.     Vessels exempted from compulsory pilotage
   76.     Deferment of pilotage generally
   77.     Deferment of pilotage for safety reasons
   78.     Duties of master in connection with pilotage
   79.     Liability of master and owner of vessel under pilotage
   80.     Immunity of State, marine pilots, pilotage service provider and others
   81.     Offence for marine pilot to endanger vessel
   82.     Provisions to apply when vessel under pilotage at request of owner
   83.     Regulations

   PART 7 - HARBOUR MASTERS

   84.     Definition of “port”
   85.     Appointment of harbour masters
   86.     Appointment of persons to exercise functions of harbour masters
   87.     General functions of harbour master
   88.     General powers of harbour master in relation to vessels
   89.     Powers of harbour master to direct dangerous vessels not to enter or move within, or to leave, port or part of port
   90.     Harbour master may carry out direction
   91.     Offence for failing to comply with direction, or obstructing, harbour master
   91A.    Directions of harbour master acting as marine pilot
   92.     Identity cards
   93.     Protection from liability

   PART 8 - MARINE INVESTIGATION AND ENFORCEMENT

           Division 1 - Preliminary

   94.     Definitions
   95.     Application
   96.     Appointment of authorised officers (other than harbour masters and police officers)
   97.     Identity cards for authorised officers
   97A.    Obstruction of authorised officers and others

           Division 2 - Duties of masters and owners in case of marine accidents

   98.     Requirements of masters in case of accident involving vessels
   99.     Duty to report marine accidents to Minister
   100.    Marine accident particulars
   101.    Preservation of evidence
   102.    Offence

           Division 3 - Investigation of marine accidents and other marine safety matters

   103.    Ordering of investigation
   104.    Principal purposes of investigation
   105.    Appointment of investigator
   106.    Powers of investigator
   107.    Conduct of investigations
   108.    Report to Minister of investigation
   109.    Representations by persons affected by report
   110.    Suspension of marine safety licence pending investigation
   111.    Action by Minister following report of investigation
   112.    Public release of report
   113.    Protection from liability

           Division 4 - Investigative powers of authorised officers

   114.    Application of Division
   115.    Power to stop and board vessels
   116.    Other powers of entry
   117.    General investigative powers
   118.    Detention of vessel for purposes of investigation
   119.    Production of marine safety licences
   120.    Identification of person suspected of committing offence
   121.    Identification of owner and master of vessel
   122.    Power to require persons to attend to answer questions or produce documents or other things
   123.    Limitation on self-incrimination
   124.    General provisions relating to functions under this Division
   125.    Offences

           Division 5 - Regulation of public ferry wharves

   125A.   Public ferry wharves
   125B.   Inspections of public ferry wharves
   125C.   Improvement notices
   125D.   Failure to comply with improvement notice
   125E.   Prohibition notices
   125F.   Notices may include directions
   125G.   Review of notices by Minister
   125H.   Application to Administrative Decisions Tribunal for stay of prohibition notice
   125I.   Appeal to Administrative Decisions Tribunal
   125J.   Withdrawal and revocation of notices
   125K.   Proceedings for offences not affected by notices
   125L.   Certificates relating to public ferry wharves
   125M.   Regulations relating to public ferry wharves

   PART 9 - LEGAL PROCEEDINGS

   126.    Penalty notices
   127.    Offences
   128.    Time within which proceedings may be commenced
   129.    Persons who may bring proceedings
   130.    Offences by corporations
   131.    Proof of lawful or reasonable excuse
   132.    Act presumed to apply to vessels
   133.    Proof of certain matters not required
   134.    Service of instruments (except in proceedings for offences)
   135.    Service of court attendance notice and other process in legal proceedings

   PART 10 - MISCELLANEOUS

   136.    Act binds Crown
   136A.   Minister or Maritime Authority may rely on advice
   137.    Regulations
   138.    Adoption of codes, standards, treaties and other documents
   139.    Exemptions
   140.    Children employed on vessels-ILO Convention No 58
   141.    Repeals
   142.    Amendment of other Acts
   143.    Savings, transitional and other provisions
   144.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4