AMSA EX03
Marine Safety (Certificates of operation) Exemption 2018
I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety
Authority (the National Marine Safety Regulator under section 9 of the Marine
Safety (Domestic Commercial Vessel) National Law), make this instrument
under subsection 143(1) of the Marine Safety (Domestic Commercial Vessel)
National Law.
15 June 2018
Michael Kinley
Chief Executive Officer
1 Name of instrument
This instrument is Marine Safety (Certificates of operation) Exemption
2018.
2 Duration
This instrument commences on 1 July 2018 and ceases to have effect at
the end of 30 June 2020.
3 Repeal
Marine Safety (Certificates of operation) Exemption 2017 is repealed.
4 Definitions — dictionary
The dictionary defines certain words and expressions for this exemption.
Note The dictionary is located at the end of the instrument.
5 Exemption from the requirement for certificate of operation
(1) Each vessel that is of a kind mentioned in Schedule 1 is exempt from the
requirement to have a certificate of operation.
(2) The exemption is subject to the conditions mentioned in Schedule 1 for
the kind of vessel.
(3) However, if under another exemption granted under subsection 143(1) of
the national law the vessel does not have to comply with a condition
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mentioned in Schedule 1 for a vessel of its kind, the exemption for the
vessel is not subject to the condition.
Example
An unpowered barge to which this exemption applies that is exempt from the minimum
crewing requirement in Schedule 1 of Marine Order 504 under Marine Safety
(Unpowered barges) Exemption 2018.
(4) Also, the exemption for the vessel is not subject to a condition mentioned
in Schedule 1 for the vessel for a period if:
(a) the owner of a vessel applies to the National Regulator for approval
to operate in a way that does not comply with the condition; and
(b) the National Regulator approves in writing the operation of the
vessel in the way sought in the application.
(5) For an approval under subsection (4):
(a) the period must be not more than 90 days; and
(b) the National Regulator may make the approval subject to further
conditions.
(6) For subsection (1), if more than 1 Division of Schedule 1 applies to the
vessel, the owner of the vessel may choose which Division is to apply.
6 Exemption from conditions attached to certificate of operation
(1) Each vessel mentioned in an item in Schedule 2 is exempt from the
condition or conditions attached to a certificate of operation that are
mentioned for the item.
(2) The exemption is subject to the conditions mentioned in the item.
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Schedule 1 Exemption from the requirement for certificate of
operation
(section 5)
Division 1 Tenders
Item Kind of vessel Conditions
1.1 Tender Vessel must:
(a) have a parent vessel and be listed in its
parent vessel’s:
(i) certificate of operation; or
(ii) safety management system; and
(b) have its operational risks addressed either
in the parent vessel’s safety management
system or in the tender’s safety
management system; and
(c) comply with:
(i) the operation requirements mentioned in
subclauses 6(2) to 6(3), 6(6) to 6(7) and
6(12) to 6(15) of Schedule 1 of Marine
Order 504; and
(ii) the crewing requirements determined by
the National Regulator for the kind of
operations to be conducted by the vessel
or by vessels of its kind
Division 2 General
Item Kind of vessel Conditions
2.1 A Class 2 or 3 vessel: Vessel must:
(a) that is <7.5 m long; and (a) have and comply with a
(b) that operates only in sheltered (D safety management
or E) waters; and system that addresses
the operation
(c) that does not carry:
requirements in
(i) passengers; or Schedules 1 and 2 of
(ii) dangerous goods, other than Marine Order 504 that
petroleum or gas products apply for the vessel; or
intended for use on the vessel or (b) comply with Part A of
fireworks carried on the vessel the ISM Code
only for use on the vessel for a Note For complying with Part A
fireworks display; and of the ISM Code, the relevant
(d) if a net reel, crane, lifting device or national requirement for crewing
deck load is installed on the vessel: is clause 6 of Schedule 1 to
Marine Order 504.
(i) on which the use of the net reel,
crane, lifting device or deck load is
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Item Kind of vessel Conditions
not likely to adversely affect the
stability or watertight integrity of
the vessel; and
(ii) for which a marine surveyor
accredited in stability approval has
made a written recommendation to
the National Regulator stating that
the surveyor is satisfied that the
net reel, crane, lifting device or
deck load is unlikely to:
(A) generate a heeling moment
that may endanger or capsize
the vessel; or
(B) create a loading condition that
exceeds the maximum loading
for the vessel; and
(e) that is not operated primarily for
towage; and
(f) that does not have an inboard
petrol engine, other than a personal
watercraft; and
(g) that is not:
(i) a support vessel in the offshore
oil or gas industry; or
(ii) a fast craft; or
(iii) a powered landing barge that is
of a design or for a use that the
National Regulator has
determined is likely to adversely
affect its stability; or
(iv) a vessel determined by the
National Regulator to be high risk
Note for paragraph (d) A recommendation by
a marine surveyor accredited in stability
approval may have already been provided to
the National Regulator to show that the vessel
is exempt from the requirement to have a
certificate of survey (see Marine Safety
(Certificates of survey) Exemption 2017).
2.2 A vessel, other than a Class 1 vessel,
that:
(a) is <7.5 m long; and
(b) is engaged only in inshore
operations; and
(c) is used by a sailing school or
training organisation to train
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Item Kind of vessel Conditions
members of the public for
recreational boating qualifications
2.3 A human powered vessel, other than a
Class 1 vessel or a dragon boat
2.4 A sailing vessel, other than a Class 1
vessel, that:
(a) is <7.5 m long; and
(b) has no auxiliary engine, or an
auxiliary engine of ≤3.5 kW
propulsion power
2.5 A Class 2 or 3 vessel that
(a) is a personal watercraft; and
(b) does not carry passengers; and
(c) is not involved in an aerial freestyle
device operation; and
(d) is not engaged in towing.
2.6 A Class 2 vessel that:
(a) is involved in sporting and
recreational activities; and
(b) is affiliated with a body determined
by the National Regulator as having
systems in place to manage risk;
and
(c) is engaged only in inshore
operations
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Division 3 Dragon boats
Item Kind of vessel Conditions
3.1 Dragon boat Vessel must:
(a) have and comply with a safety
management system that addresses
the operation requirements in
Schedules 1 and 2 of Marine
Order 504 that apply for the vessel; or
(b) comply with Part A of the ISM Code
Note For complying with Part A of the ISM Code,
the relevant national requirement for crewing is
clause 6 of Schedule 1 to Marine Order 504.
Vessel must:
(a) continue to meet any conditions to
which the vessel is subject under:
(i) a condition of survey; or
(ii) an exemption from the requirement
to hold a certificate of survey; and
(b) comply with any NSCV Part B
limitations on each operational area of
the vessel including environmental
parameters
Note Paragraphs (a) and (b) are equivalent to the
conditions mentioned in paragraphs 7(1)(c) and (d)
of Marine Order 504.
However, a dragon boat is exempt from
any requirement to comply with the
operation requirements in Schedule 1 or 2
of Marine Order 504 that would apply to
the vessel if:
(a) the owner of the vessel is a registered
member of the Australian Dragon Boat
Federation (the ADBF); and
(b) the vessel is operated in accordance
with the ADBF safety manual; and
(c) the person in charge of the vessel is
accredited as at least a Level 3 sweep
under the ADBF sweep accreditation
scheme; and
(d) the sweep for the vessel is accredited
as at least a Level 2 sweep under the
ADBF sweep accreditation scheme.
Note for paragraph (b) The ADBF safety manual is
available online at the ADBF website at
http://www.ausdbf.com.au and includes information
about the ADBS sweep accreditation scheme.
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Note for paragraph (d) A Level 3 sweep may also
be the person in charge.
Division 4 Bait gathering vessels
Item Kind of vessel Conditions
4.1 Vessel that is less than Vessel must:
7.5 m long that is used (a) have and comply with a safety
for bait gathering management system that addresses the
operation requirements in Schedules 1 and
2 of Marine Order 504 that apply for the
vessel; or
(b) comply with Part A of the ISM Code
Note For complying with Part A of the ISM Code, the
relevant national requirement for crewing is clause 6 of
Schedule 1 to Marine Order 504.
Vessel must:
(a) continue to meet any conditions to which
the vessel is subject under:
(i) a condition of survey; or
(ii) an exemption from the requirement to
hold a certificate of survey; and
(b) comply with any NSCV Part B limitations
on each operational area of the vessel
including environmental parameters
Note Paragraphs (a) to (b) are equivalent to the
conditions mentioned in paragraphs 7(1)(c) and (d) of
Marine Order 504.
The vessel must be used only in the Moreton
Bay Marine Park or other smooth or partially
smooth waters approved by the National
Regulator for bait gathering
The master of the vessel must hold any licence
that would be required to operate the vessel
recreationally in the waters in which the bait
gathering is carried out
The vessel must not be used for recreational
purposes while being used for bait gathering
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Schedule 2 Exemption from conditions attached to certificate
of operation
(section 6)
Item Kind of Certificate of Conditions attached to the exemption
vessel operation
condition from
which vessel is
exempt
1 Heritage Paragraph 7(1)(b) Vessel must be maintained and operated
vessel for of in accordance with the vessel
which Marine Order 504 management plan
National Owner of vessel must receive approval
if the National
Regulator from the National Regulator for any change
Regulator gives
has been to matters in the vessel management plan
approval in writing
given a Any further conditions imposed by National
vessel Regulator to take account of local
management conditions of waters in which vessel is to
plan operate
2 Personal Paragraph 7(1)(b) The safety management system for the
watercraft in of Marine Order PWC and its operation must:
service 504 (a) meet the operation requirements
category mentioned in the following provisions of
Class 2C, Schedule 1 of Marine Order 504:
2D or 2E (i) clauses 1 to 5;
used in an
aerial (ii) subclauses 6(16), 7(2) and 7(4);
freestyle (iii) subclause 8(2) (other than
device paragraph (c)), and subclause 8(3);
operation (iv) subclauses 10(3), (4) and (5); and
(b) include the means of communicating
with shore based assistance and other
vessels in the operating area; and
(c) include a pollution mitigation strategy,
including for fuel spilled during
refuelling; and
(d) include requirements for appropriate
communications during any aerial
freestyle device operation, including
hand signals to be used; and
(e) include an assessment procedure to
ensure a person who operates the
PWC or the aerial freestyle device is
not impaired by drugs or alcohol; and
(f) include requirements for safety
equipment, including head and ear
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coverings and personal flotation
devices;
The aerial freestyle device must be
operated within 2 nm of the shore or the
parent vessel of the PWC
The aerial freestyle device must not be
operated if:
(a) the swell is more than 1 metre; or
(b) wind speed exceeds 60 km per hour;
or
(c) the water depth is less than 4 metres;
or
(d) the seafloor is not clear of
obstructions; or
(e) the PWC intake is at risk of aeration;
or
(f) any other vessel might jeopardise the
safety of the operation
The aerial freestyle device operation must
be consistent with recommendations of the
manufacturer of the personal water craft
and the aerial freestyle device
The instructor and any other staff involved
in the operation must receive training on
safe operations and familiarisation with
matters mentioned in the safety
management system
The instructor must maintain visual contact
with the person on the aerial freestyle
device at all times
A third person supporting the aerial
freestyle device operation must maintain
visual contact with the PWC at all times
The instructor must hold a qualification of
at least:
(a) Coxswain Grade 2 NC; or
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(b) a recreational PWC licence, however
described, issued by a State or
Territory
Dictionary
(section 4)
(1) In this instrument:
aerial freestyle device means a device that:
(a) is connected to a PWC that directs the water output of the PWC
under pressure through nozzles to lift a person on the device above
the surface of the water or to allow a person on the device to dive
underwater; and
(b) is fitted with footholds or straps to secure the person to the device.
aerial freestyle device operation means an operation in which:
(a) a PWC is controlled by an instructor and creates thrust to propel an
aerial freestyle device through and out of the water; and
(b) the person on the aerial freestyle device can control flight direction,
including the direction of the PWC.
bait gathering means the taking, under licence, of a crab, eugary, worm
or yabby by hand or by a hand-held implement.
dangerous goods has the same meaning as in the Navigation Act 2012.
dragon boat has the meaning given by NSCV Part G.
heritage vessel means a vessel that is:
(a) owned and operated by a not-for-profit organisation; and
(b) listed on the Australian Register of Historic Vessels.
instructor means a person who controls a PWC used for an aerial freestyle
device operation.
landing barge means a vessel designed for beaching to enable the
loading and discharge of cargo or persons by foot or vehicle directly from
or onto the shoreline without the use of wharfs or other shore side
facilities.
Marine Order 504 means Marine Order 504 (Certificates of operation
and operation requirements — national law) 2018.
marine surveyor accredited in stability approval means a person who
is accredited under section 24 of the Marine Safety (Domestic
Commercial Vessel) National Law Regulation 2013 in the category of
initial survey — stability approval mentioned in paragraph 21(b) of the
Regulation.
Moreton Bay Marine Park means the Moreton Bay Marine Park
described in the Marine Parks (Declaration) Regulation 2006 (Qld), other
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than the following zones mentioned in the Marine Parks (Moreton Bay)
Zoning Plan 2008 (Qld):
(a) the marine national park zone;
(b) for the taking of anything other than beachworms — the
conservation park zone.
national law means the Marine Safety (Domestic Commercial Vessel)
National Law set out in Schedule 1 to the Marine Safety (Domestic
Commercial Vessel) National Law Act 2012.
NSCV — see section 6 of the national law, meaning of National
Standard for Commercial Vessels.
NSCV Part B means Part B — General requirements of the NSCV.
NSCV Part G means Part G — Non-survey vessels of the NSCV.
personal watercraft (or PWC) has the meaning given to personal
watercraft in NSCV Part G.
recreational boating qualification means a qualification that permits
the holder to operate or be a member of the crew of a recreational
vessel.
Examples
a recreational boating licence issued by a State or Territory.
a Royal Yachting Association qualification.
vessel management plan, for a heritage vessel, means a management
plan, certified by an accredited marine surveyor with heritage vessel
experience, knowledge and skills, that includes the following:
(a) the history of the vessel and its significance;
(b) the standards to which the vessel was built (if any);
(c) the proposed use and operating profile of the vessel;
(d) a detailed evaluation, based on a report by an accredited marine
surveyor, of the vessel’s current condition and fitness for purpose for
its proposed use and proposed operating profile as set out in the
safety management system;
(e) the repair and maintenance schedule for the vessel;
(f) how any non-compliance of the vessel with the National Standard for
Commercial Vessels is to be managed;
(g) survey and inspection arrangements that will apply to the vessel.
(2) In this instrument, the following terms have the meaning given by the
Dictionary in NSCV Part B:
Class 1 vessel Class 2 vessel Class 3 vessel
fast craft inshore operations partially smooth
waters
passenger sailing vessel tender
Note For definitions of certificate of operation, certificate of survey, crew,
improvement notice, infringement notice, master, operate, owner, prohibition
notice and National Regulator — see section 6 of the national law.
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