South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
(1) In these
regulations, unless the contrary intention appears—
"the Act" means the Harbors and Navigation Act 1993 ;
"AS" means a standard published by or under the authority of Standards
Australia (alone or jointly with others);
"boat haven" means an area of water specified in Schedule 12;
"certificate of registration", in relation to a vessel, means the certificate
or other document issued in respect of the vessel by the marine authority of
the jurisdiction in which the vessel is registered;
"channel" means a waterway regularly used as a course for vessels moving
through a harbor;
"chief engineer" means the most senior engineer on a vessel, responsible for
the means of mechanical propulsion of the vessel;
"chief mate" means the deck officer on a vessel who is next in rank to the
master and on whom command of the vessel will fall in the event of the
incapacity of the master;
"classification society" means an association or body, approved by the CEO,
that issues rules for the construction or machinery of vessels;
"coast station" means a facility established by the Minister for the purpose
of radio communications with vessels from land and for maintaining a radio
watch (that is, continuously listening for radiotelephone communications from
vessels);
"the Code" means the Uniform Shipping Laws Code, published by the Australian
Government Publishing Service for the Commonwealth Department of Transport and
Communications and adopted by the Australian Transport Advisory Council, as in
force from time to time;
"container" means a crate, box, tank, flat or cylinder that is designed and
constructed—
(a) for
continuous use as an adjunct to cargo handling and transportation; and
(b) to
facilitate the transportation of goods from the place at which they are packed
to the place at which they are to be unpacked without the need for the goods
to be unloaded from or re-loaded into the crate, box, tank, flat or cylinder;
and
(c) to
facilitate transportation by means of more than one mode of transport; and
(d) with
devices so as to enable it to be readily handled between one mode of transport
and another; and
(e) to
carry a load the volume of which is at least one cubic metre;
"Dangerous Substances Guidelines" means the Guidelines for the Safe Transport,
Handling and Storage of Dangerous Substances and Oils in Port Areas ,
published by the Association of Australian Port and Marine Authorities Inc, as
in force from time to time;
"deck officer" means an officer of a vessel, other than the master, who has
authority pursuant to his or her certificate of competency to take charge of a
navigation watch on that vessel;
"endorsement", in relation to a certificate of competency of a particular
class, means—
(a) a
limitation on or extension of the duties appropriate to a certificate of that
class that the holder is qualified to undertake; or
(b) a
limitation of the area within which, or a vessel or equipment (or a class of
vessel or equipment) in relation to which, the holder is qualified to
undertake the duties appropriate to a certificate of that class; or
(c) a
condition related to medical standards subject to which the holder is
qualified to undertake the duties appropriate to a certificate of that class;
"engineer" means a marine engineer or marine engine driver;
"fishing apparatus" means an implement, apparatus, device or substance for
taking or facilitating the taking of an aquatic resource (within the meaning
of the Fisheries Management Act 2007 );
"full registration", in relation to a vessel that is registered under these
regulations, means registration granted under regulation 100 (as distinct
from temporary registration granted under regulation 101);
"gross tonnage" means—
(a) in
relation to a commercial vessel that is registered by a marine authority of
the Commonwealth or a State or a Territory of the Commonwealth—the
gross tonnage specified in the vessel's certificate of registration;
(b) in
relation to a commercial vessel that is not so registered—the amount of
measured tonnage calculated in accordance with the International Convention on
Tonnage Measurements of Ships 1969 as set out in the Commonwealth Act;
"houseboat"—see subregulation (5);
"identification mark", in relation to a vessel that is registered under these
regulations, means the numbers, letters and other characters specified in the
certificate of registration of the vessel as uniquely identifying the vessel;
"inland waters" means navigable waterways or bodies of water in the State
excluding any waters within the ebb and flow of the tide;
"ISO" means an International Standard, published by the International
Organization for Standardization, as in force from time to time;
"long blast" means a blast of a whistle of about five second's duration;
"marine authority" means a marine authority of the Commonwealth, a State or a
Territory of the Commonwealth or a foreign country recognised by the CEO as
having authority to issue certificates of competency, certificates of survey
or other similar documents;
"MF/HF radiotelephony equipment" means radiotelephony equipment that operates
at medium or high frequency;
"moor" means to make fast to the shore, a buoy, a jetty or a wharf or to
anchor;
"navigation pass", in relation to a bridge, means the marked channel under the
bridge through which vessels are intended to navigate when passing under the
bridge;
"observation vessel" means a structure that is designed to float in water and
is used to observe marine life (but is not used in navigation);
"owner" of cargo or goods includes the consignor and consignee of the cargo or
goods;
"to park" a vehicle includes to leave the vehicle standing;
"partially smooth water" means waters designated by Schedule 1 as partially
smooth;
"personal watercraft" means a device that—
(a) is
propelled by a motor; and
(b) has
a fully enclosed hull; and
(c) is
designed not to retain water if capsized; and
(d) is
designed to be operated by a person who sits astride, stands, or kneels on the
device,
and includes the device commonly referred to as a jet ski;
"Port River Expressway Bridges" means—
(a) the
road bridge (including any fendering that forms part of the navigation pass of
the bridge); and
(b) the
rail bridge (including any fendering that forms part of the navigation pass of
the bridge),
constructed as part of the authorised project (within the meaning of the
Highways Act 1926 ) known as the Port River Expressway Project (and a
reference to a "Port River Expressway Bridge" will be taken to be a reference
to the road bridge or the rail bridge (as the case requires));
"potential speed", in relation to a vessel, means the maximum speed of which
the vessel is capable—
(a) when
moving through the water under its own power without assistance or hindrance
from tide, current or wind; and
(b) when
carrying no load apart from an operator and the equipment usually carried on
the vessel;
"Prevention of Collisions at Sea Regulations" means the International
Regulations for Preventing Collisions at Sea 1972 constituted by the rules
and other annexes attached to the Convention on the International Regulations
for Preventing Collisions at Sea 1972 , as corrected by the
Procès-Verbal of Rectification dated 1 December 1973 (a copy of
the English text of the articles of which is set out in Schedule 4 of the
Commonwealth Act) and as affected by any amendment, other than an amendment
objected to by Australia, made under Article VI of that Convention;
"protected waters" means inland waters other than Lakes Alexandrina and
Albert;
"qualifying entry voyage", in relation to an application for a pilotage
exemption certificate, means a voyage into the harbor (or section of the
harbor) in respect of which the application is made to a wharf, mooring or
anchorage—
(a) that
has been undertaken with a licensed pilot (or a master with a current pilotage
exemption certificate for that harbor or section of harbor) on board the
vessel; and
(b) that
has, in the opinion of the CEO, been satisfactorily completed; and
(c) that
has been undertaken not more than one year before the date on which the
application is made;
"qualifying exit voyage", in relation to an application for a pilotage
exemption certificate, means a voyage out of the harbor (or section of the
harbor) in respect of which the application is made from a wharf, mooring or
anchorage—
(a) that
has been undertaken with a licensed pilot (or a master with a current pilotage
exemption certificate for that harbor or section of harbor) on board the
vessel; and
(b) that
has, in the opinion of the CEO, been satisfactorily completed; and
(c) that
has been undertaken not more than one year before the date on which the
application is made;
"registered owner" of a vessel means a person recorded in the register of
vessels as the owner of the vessel;
"restricted area" means an area of water specified in the table in Schedule 4
and defined in Schedule 5;
"restricted vessel" means a fishing vessel that operates only within one or
more of the areas specified in Schedule 2;
"second engineer" means the engineer next in rank to the chief engineer and on
whom responsibility for the means of mechanical propulsion of the vessel falls
in the event of the incapacity of the chief engineer;
"semi-protected waters" means waters inshore of a line two nautical miles
seaward of the low water mark of the coast or of the banks of Lakes
Alexandrina and Albert;
"short blast" means a blast of a whistle of about one second's duration;
"smooth water" means waters designated by Schedule 1 as smooth;
"speed" means speed with reference to a stationary horizontal plane (as
distinct from speed through water which may itself be in motion);
"temporary registration", in relation to a vessel registered under these
regulations, means registration granted under regulation 101 (as distinct
from full registration granted under regulation 100);
"trading vessel" means a commercial vessel other than a fishing vessel;
"underway", in relation to a vessel, means that the vessel is not moored or
aground;
"unprotected waters" means waters offshore of a line two nautical miles
seaward of the low water mark of the coast or of the banks of Lakes
Alexandrina and Albert;
"V distress sheet" means a sheet of material—
(a) that
is not less than 1.8 metres by 1.2 metres in size; and
(b) that
is florescent orange-red in colour; and
(d) on
which is displayed the letter V in black, the V being not less than
0.8 metres in height and the strokes forming the V being not less than
130 millimetres in breadth;
"VHF FM radiotelephony equipment" means radiotelephony equipment that operates
at very high frequency using frequency modulation;
"whistle" means any sound signalling device capable of producing the sound
signals required by these regulations.
(2) In the Code—
"approved" means approved by a licensed surveyor;
"the Authority" means the CEO.
(3) In these
regulations, a reference to a vessel of a particular class is a reference to a
vessel of that class as defined in Section 1, Part 3, Clause 6 of the Code.
(4) For the purposes
of these regulations, vessels will be regarded as in sight of one another only
when one can be observed visually from the other.
(5) For the purposes
of these regulations, a vessel will be taken to be a houseboat if—
(a) the
vessel has facilities for overnight accommodation; and
(b)
—
(i)
all the living facilities are on or above the deck of the
vessel; or
(ii)
although not all the living facilities are on or above
the deck of the vessel, the vessel is designed and constructed as a river boat
providing living facilities similar to that provided in a residential building
and the CEO and the owner of the vessel agree that the vessel is to be classed
as a houseboat.
(6) For the purposes
of these regulations, a reference to a particular Australian Standard will be
taken to be a reference to that standard as in force from time to time.