South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
Schedule 9—Structural and equipment requirements for vessels
(Part 9
Division 4)
Part 1—Structural and equipment requirements for vessels not otherwise
specified in this Schedule
This Part applies in relation to all vessels other than hire and drive
houseboats and vessels to which Parts 2, 3 or 4 apply.
All hatches and doors on a vessel constructed after 1 January 1996 must be
able to be opened from both inside and outside.
A vessel must not be equipped with any device capable of producing an open
exhaust from the engine of the vessel.
4—Compliance plate re maximum load
A vessel constructed after 1 January 1996 must have affixed in a prominent
position a compliance plate stating the maximum number of persons that the
vessel may carry in accordance with AS 1799.1.
If fuel with a flash point below 60°C is carried on a houseboat (a vessel
that has facilities for overnight accommodation and all the living facilities
are on or above the deck of the vessel) otherwise than in fuel tanks
associated with the engine or a generator, the following requirements apply:
(a) the
fuel must be stored in a flammable liquids cabinet designed and constructed in
accordance with AS 1940; and
(b) the
cabinet must be located so that there is no ignition source within 3 metres;
and
(c) the
cabinet must be vented and gauze flash arresters fitted to the vents; and
(d) if
the cabinet is on an open deck—it must be shaded by a structure to
protect it from excessive temperature; and
(e) the
quantity of additional fuel must not exceed 120 litres; and
(f) the
fuel must be stored in containers of a type approved by the CEO.
6—Life saving appliances, fire appliances and miscellaneous equipment
(1) Subject to these
regulations, a vessel that is less than 8 metres in length must be equipped
with the following:
(a)
while the vessel is operated in protected waters—
(i)
one life-jacket or personal flotation device for each
person who may be carried on the vessel;
(ii)
one pair of paddles or oars or one suitable anchor with
cable;
(iii)
one bailing bucket with line attached or a manually
operated bilge pump;
(iv)
if the vessel has an engine or includes facilities for
cooking meals—one fire extinguisher;
(b)
while the vessel is operated in semi-protected waters—
(i)
one life-jacket or personal flotation device for each
person who may be carried on the vessel;
(ii)
one pair of paddles or oars or other means of auxiliary
propulsion;
(iii)
one bailing bucket with line attached or a manually
operated bilge pump;
(iv)
one waterproof torch or lantern;
(v)
one suitable anchor with cable;
(vi)
if the vessel has an engine or includes facilities for
cooking meals—one fire extinguisher;
(c)
while the vessel is operated in unprotected waters—
(i)
one personal flotation device that complies with AS 1512
for each person who may be carried on the vessel;
(ii)
one two-way marine radio;
(iii)
one bailing bucket with line attached or a manually
operated bilge pump;
(iv)
one waterproof torch or lantern;
(v)
one suitable anchor with cable;
(vi)
if the vessel has an engine or includes facilities for
cooking meals—one fire extinguisher;
(vii)
two flares;
(viii)
two smoke signals;
(ix)
one compass—
(A) from which it is possible to determine,
with reasonable accuracy, the vessel's position and bearings; and
(B) that is fitted in a suitable position
adjacent to the steering position and as far removed as practicable from
articles of steel or iron or electrical equipment;
(x)
four litres of fresh water;
(xi)
while the vessel is operated more than 5 nautical miles
seaward of low water mark in the waters of Spencer Gulf or Gulf St. Vincent
(as defined in subclause (4)), or more than 3 nautical miles seaward of
low water mark in the waters of any other area except Lakes Alexandrina and
Albert (in addition to any other equipment required under this
paragraph)—1 V distress sheet;
(xii)
while the vessel is operated more than 10 nautical miles
seaward of low water mark (in addition to the equipment referred to in
subparagraphs (i) to (xi))—
(A) two distress rockets with parachutes;
(B) one map or chart of the operational
area.
(2) Subject to these
regulations, a vessel that is 8 metres or more in length must be equipped with
the following:
(a)
while the vessel is operated in protected waters—
(i)
one life-jacket or personal flotation device for each
person who may be carried on the vessel;
(ii)
one bailing bucket with line attached;
(iii)
one manually operated bilge pump;
(iv)
one suitable anchor with cable;
(v)
if the vessel has an engine or includes facilities for
cooking meals—two fire extinguishers;
(vi)
one life-buoy with line;
(b)
while the vessel is operated in semi-protected waters—
(i)
one life-jacket or personal flotation device for each
person who may be carried on the vessel;
(ii)
two bailing buckets with lines attached;
(iii)
one manually operated bilge pump;
(iv)
one waterproof torch or lantern;
(v)
two suitable anchors (but if the vessel is less than 12
metres in length, one anchor may be carried as a spare);
(vi)
if the vessel has an engine or includes facilities for
cooking meals—two fire extinguishers;
(vii)
one life-buoy with line;
(c)
while the vessel is operated in unprotected waters—
(i)
one personal flotation device that complies with AS 1512
for each person who may be carried on the vessel;
(ii)
one two-way marine radio capable of communication with
onshore stations;
(iii)
two bailing buckets with lines attached;
(iv)
one manually operated bilge pump (unless the vessel is
constructed of permanently enclosed pontoon hulls);
(v)
one waterproof torch or lantern;
(vi)
two suitable anchors with cable;
(vii)
if the vessel has an engine or includes facilities for
cooking meals—two fire extinguishers;
(viii)
two flares;
(ix)
two smoke signals;
(x)
one compass—
(A) from which it is possible to determine,
with reasonable accuracy, the vessel's position and bearings; and
(B) that is fitted in a suitable position
adjacent to the steering position and as far removed as practicable from
articles of steel or iron or electrical equipment;
(xi)
four litres of fresh water;
(xii)
while the vessel is operated more than 5 nautical miles
seaward of low water mark in the waters of Spencer Gulf or Gulf St. Vincent
(as defined in subclause (4)), or more than 3 nautical miles seaward of
low water mark in the waters of any other area except Lakes Alexandrina and
Albert (in addition to any other equipment required under this
paragraph)—1 V distress sheet;
(xiii)
while the vessel is operated more than 10 nautical miles
seaward of low water mark (in addition to the equipment referred to in
subparagraphs (i) to (xii))—
(A) two distress rockets with parachutes;
(B) one map or chart of the operational
area;
(xiv)
one life buoy with line.
(3) Subject to these
regulations, a vessel that is more than 15 metres in length must also be
equipped with the following:
(a) an
additional life buoy with line;
(b) a
life-raft.
(4) In this
clause—
the waters of Spencer Gulf or Gulf St. Vincent means—
(a) for
Spencer Gulf—the waters in that gulf north of a line drawn from Cape
Catastrophe on Eyre Peninsula to Waterhouse Point on Thistle Island and then
to Corny Point on Yorke Peninsula (see following map);
(b) for
Gulf St. Vincent—the waters in that gulf north of a line drawn from
Troubridge Point on Yorke Peninsula to Rapid Head on Fleurieu Peninsula (see
following map).
Note—
The following map is provided for convenience of reference only.
Waters of Spencer Gulf and Gulf St. Vincent
7—Exemptions from requirement for appliances and equipment
(1) A surfboard, surf
ski or racing shell is exempt from the requirement to be equipped as set out
in the previous clause.
(2) A vessel that can
only carry the operator and no other person may instead of being equipped as
required by the previous clause be equipped with a life-jacket or personal
flotation device.
(3) A canoe, kayak,
rowboat or other similar small human powered recreational vessel may, instead
of being equipped as required by the previous clause, be equipped with the
following:
(a) a
life-jacket or personal flotation device for each person who may be carried on
the vessel;
(b)
unless the vessel is constructed of permanently enclosed pontoon hulls, a
bailer or other suitable device for removing water;
(c) if
the vessel is operated at night—a waterproof torch or lantern.
(3a) A mono-hulled
sailing dinghy or a similar small multi-hulled sailing vessel may, whilst in
protected or semi-protected waters, instead of being equipped as required by
the previous clause, be equipped with the following:
(a) a
life-jacket or personal flotation device for each person who may be carried on
the vessel;
(b)
unless the vessel is constructed of permanently enclosed pontoon hulls, a
bailer or other suitable device for removing water;
(c) if
the vessel is operated at night, a waterproof torch or lantern.
(4) A
personal watercraft may, instead of being equipped as required by the previous
clause, be equipped with a life-jacket or personal flotation device for each
person who may be carried on the vessel.
(5) A tender vessel,
while it is being used in conjunction with another vessel, may, instead of
being equipped as required by the previous clause, be equipped with the
following:
(a) one
pair of paddles or oars or other means of auxiliary propulsion;
(b) one
bailing bucket with line attached or a manually operated bilge pump;
(c) if
the vessel is 1 500 metres or more from the shoreline—a life-jacket
or personal flotation device for each person who may be carried on the vessel.
(6) A surf rescue boat
propelled by paddles or oars may, instead of being equipped as required by the
previous clause, be equipped with a suitable bailer.
(7) An inflatable surf
rescue boat involved in rescue work within 1 500 metres of the shoreline
or patrol work within 1 000 metres of the shoreline may, instead of being
equipped as required by the previous clause, be equipped with a pair of
paddles or oars or other means of auxiliary propulsion.
(1) A personal
flotation device required to be carried on a vessel must comply with
AS 1499, AS 1512 or AS 2260 .
(2) A distress signal
comprised of a pyrotechnic required to be carried on a vessel must comply with
AS 2092 and be stamped indelibly by the manufacturer with its date of expiry
and that date must not have passed.
(3) A fire
extinguisher required to be carried on a vessel must comply with the
applicable part of AS 1841.
The equipment required to be carried on a vessel must be suitably located and
secured on the vessel having regard to the need for access to the equipment
and the need to protect the equipment from accidental damage or loss.
9A—Buoyancy requirements for certain vessels
(1) A vessel—
(a) that
is constructed after the commencement of this clause; and
(b) that
is less than 6 metres in length; and
(c) that
is required, in accordance with Part 9 Division 4 of the Act, to
have an Australian Builders Plate affixed,
must satisfy the buoyancy performance requirement set out in the relevant
standard for vessels of a class to which the vessel belongs.
(2) For the purposes
of this clause, a vessel will be taken to be constructed after the
commencement of this clause if—
(a) the
keel of the vessel (if any) was laid on a day after the day on which the
clause commences; or
(b) less
than 1 per cent of the estimated total mass of the completed vessel had been
constructed immediately before the commencement of this clause.
(3) For the purposes
of this clause, the question of whether a vessel satisfies a buoyancy
performance requirement of a particular standard is to be determined in
accordance with that standard.
(4) In this
regulation—
ABYC means the American Boat and Yacht Council incorporated in New York State
in the United States of America;
relevant standard , in relation to a vessel, means a standard from among the
following which applies to vessels of a class to which the vessel belongs (and
if more than 1 standard is applicable, the relevant standard will be
taken to be the standard that requires the highest buoyancy performance):
(a) AS
1799 ;
(b) ISO
6185 ;
(c) ISO
8665 and ISO 11592 ;
(d) ISO
13590 ;
(e) ABYC
Standards and Technical Information Reports for Small Craft ;
(f) any
other standard approved by the CEO for the purposes of this clause.
Part 2—Structural and equipment requirements for restricted vessels
A restricted vessel must be equipped with the following:
(a) if
the vessel is over 7.5 metres in length and is not required by these
regulations to carry more than two crew—two lifebuoys, one with light
and one with line;
(b) if
the vessel is over 7.5 metres in length and is required by these regulations
to carry more than two crew—
(i)
internal buoyancy as required by Section 10 Appendix N of
the Code and one lifebuoy with light; or
(ii)
one coastal life-raft capable of carrying the maximum
number of persons that the vessel is certified to carry and one lifebuoy with
light;
(c) if
the vessel is 7.5 metres or less in length—
(i)
one lifebuoy for each member of the crew; or
(ii)
internal buoyancy as required by Section 10 Appendix N of
the Code or other such internal buoyancy as is approved by the CEO;
(d) a
coastal life-jacket with whistle for each person that the vessel carries;
(e) the
following distress signals:
(i)
two red hand flares;
(ii)
two hand held orange smoke signals;
(f)
waterproof torches or lamps as approved by the CEO.
A restricted vessel must be equipped with fire fighting equipment as required
by Section 11, Part 2 of the Code for a Class 3C vessel.
A restricted vessel must be equipped with VHF FM radiotelephony equipment, UHF
radiotelephony equipment or radiotelephony equipment capable of receiving and
transmitting on 27 MHz.
A restricted vessel must be equipped with the following miscellaneous
equipment:
(a) a
signalling light;
(b) a
V distress sheet;
(c) a
safe means of access approved by the CEO;
(d)
anchor and cables—sufficient in number, weight and strength for the
vessel and approved by the CEO;
(e)
navigation shapes and sound signals to comply with Section 17 of the Code;
(ea) if
the vessel is operated at night or is over 7.5 metres in
length—navigation lights to comply with section 17 of the Code;
(f)
medicines and medical stores in accordance with Section 13, Scale G of
the Code;
(g)
while the vessel is operated more than three nautical miles seaward of low
water mark—a magnetic compass.
Part 3—Structural and equipment requirements for observation vessels
14—Structural and equipment requirements for observation vessels
(1) An
observation vessel must comply with Sections 5, 8, 10, 11, 12 and 13 of
the Code.
(2) For the purposes
of the application of the Code to an observation vessel—
(a) an
observation vessel that is anchored or moored in smooth water will be taken to
be a Class 1E vessel;
(b) an
observation vessel that is anchored or moored in partially smooth water will
be taken to be a Class 1D vessel;
(c) an
observation vessel that is anchored or moored elsewhere will be taken to be a
Class 1C vessel.
Part 4—Structural and equipment requirements for other surveyed vessels
15—Application of Schedule 9 Part 4
This Part applies in relation to a commercial vessel (other than an
observation vessel) in respect of which a certificate of survey is required.
(1) A commercial
vessel must comply with—
(a)
Section 5 of the Code; or
(b) the
rules of a classification society approved by the CEO in relation to vessels
of the relevant class.
(2) The application of
subsection A of Section 5 of the Code is modified by striking out clause A.2.
A commercial vessel must comply with—
(a)
Section 9 of the Code; or
(b) the
rules of a classification society for the machinery of a vessel that are
approved by the CEO in relation to vessels of the relevant class.
A commercial vessel that is 25 metres or more in length must comply with
Section 6 of the Code.
(1) A commercial
vessel must comply with Section 8 of the Code.
(2) An open vessel may
be required by the surveyor surveying the vessel to satisfactorily undertake a
swamp test.
(1) A commercial
vessel must comply with Section 10 of the Code.
(2) The application of
Section 10, Part 3 of the Code is subject to the following modifications:
(a)
Classes 1B and 1C—strike out "Less than 10 metres 1 lifebuoy with
light", twice occurring;
(b)
Classes 1D and 2D—under the heading "Lifebuoys", strike out "Additional
to any lifebuoys";
(c)
Classes 1C, 2C and 3C—under the heading "Distress Signals"—
(i)
strike out "15 metres and over but";
(ii)
strike out "less than 15 metres 3 parachute distress
rockets";
(d)
Class 3C—under the heading "Lifeboats, Life-rafts and Internal Buoyancy"
strike out "(2) Dinghy for 100 per cent complement, or" and substitute "(2)
Vessels less than 15 metres in length operating within 15 nautical miles from
the coast with 2 crew or less may carry 2 lifebuoys or buoyant appliances in
lieu of either (1) or (3)";
(e)
Class 2D and 3D—under the heading "Distress Signals" strike out—
3 parachute distress rockets
2 red hand flares
1 hand held orange smoke signal
NOTE—
Consistent with the area of operations allocated to the vessel, a reduction in
distress signals may be permitted by the Authority.
and substitute—
2 red hand flares
2 hand held orange smoke signals;
(f)
Class 1E—under the heading "Buoyant Appliances" insert "NOTE: 25% of the
Buoyant appliances must consist of Coastal life-jackets" after "the above
appliances".
(1) A commercial
vessel must comply with Section 11 of the Code.
(2) The application of
Section 11 of the Code is subject to the following modifications:
(a) Part
1, Clauses 5 and 7—strike out "15 metres" twice occurring and
substitute, in each case, "12.5 metres";
(b) Part
2, Class 2C—under the heading "Portable Fire Extinguishers" strike
out—
|
Less than 25 metres |
Two, suitable for extinguishing oil fires, for use in each space containing
propelling machinery |
and substitute—
|
10 metres and over but less than 25 metres |
Two, suitable for extinguishing oil fires, for use in each space containing
propelling machinery |
|
less than 10 metres |
One, suitable for extinguishing oil fires, for use in— |
| |
(a) each
space containing propelling machinery; or |
| |
(b)
vessels propelled by an outboard engine or engines; |
(c) Part
2, Classes 2D, 2E, 3C, 3D and 3E—under the heading "Portable Fire
Extinguishers" strike out—
|
less than 10 metres |
One, suitable for extinguishing oil fires, for use in each space containing
propelling machinery |
and substitute—
|
less than 10 metres |
One, suitable for extinguishing oil fires, for use in— |
| |
(a) each
space containing propelling machinery; or |
| |
(b)
vessels propelled by an outboard engine or engines; |
(d) Part
2, Class 3D—under the heading "Emergency Fire Pumps" insert "pump" after
"manually operated emergency fire";
(e)
Appendix K, Clause 1—insert "a capacity of not less than 9 litres"
before "metal painted".
(3) The requirement of
Section 11, Part 2 of the Code that all Class 3 vessels over 12.5 metres
in length be fitted with fixed fire extinguishing installations does not apply
in relation to a vessel with a current certificate of survey issued in this
State.
(1) The following
commercial vessels must comply with the requirements of Marine Orders Part 27
(Radio Equipment) under the Commonwealth Act:
(a)
Class 1A commercial vessels;
(b)
Class 2A commercial vessels;
(c)
Class 3A commercial vessels.
(2) A commercial
vessel of any other class must be equipped with radiotelephony equipment
and—
(a)
subject to paragraph (ab), the equipment must comply with
AS/NZS 4582 MF and HF radiocommunications equipment in the international
maritime mobile radiotelephone service ; and
(ab)
—
(i)
if the vessel is operated only within range of a
coast station that maintains a continuous radio watch for transmissions from
vessels on VHF FM radiotelephony equipment, the equipment may instead comply
with AS/NZS 4415 Radiotelephone transmitters and receivers for the maritime
mobile service operating in the VHF bands—Technical characteristics and
methods of measurement—Shipborne equipment and limited coast stations ;
or
(ii)
in any case the equipment may instead comply with the
standard that applied to the equipment under these regulations at the time
that the equipment was installed; and
(b) the
equipment's transmitter must be capable of effectively transmitting and
receiving as follows:
(i)
in the case of MF/HF radiotelephony equipment—on
the following frequencies using the following emissions:
(B) on 4125 kHz using J3E emissions (single
sideband, amplitude modulated, suppressed carrier radiotelephony having a
carrier restricted to a power level of 40 decibels or more below the peak
envelope power); and
(C) on 6215 kHz using J3E emissions; and
(D) on 8291 kHz using J3E emissions; and
(ii)
in the case of VHF FM radiotelephony equipment—on
the following VHF FM maritime mobile band frequencies:
(A) the international distress and calling
frequency—Channel 16 (156.8 MHz); and
(B) the supplementary safety
frequency—Channel 67 (156.375 MHz); and
(iii)
in any case—on any other frequency that is
appropriate to the service in which the vessel is engaged; and
(c) the
main source of electrical energy for the vessel must be capable of effectively
operating the equipment; and
(d) the
vessel must be equipped with a reserve source of electrical energy that is
readily available to be used to operate the equipment and that has the
capacity to supply continuously for a period of six hours a current equal to
the sum of—
(i)
50% of the current required to operate the equipment's
transmitter for the transmission of speech; and
(ii)
the current required to operate the equipment's receiver;
and
(iii)
the current required to operate the required emergency
light (see paragraph (n)); and
(iv)
any other load to which the source is connected or in
relation to which it is contemplated that the source may be used; and
(e) if a
battery provides a source of electrical energy for the operation of the
equipment under ordinary or emergency conditions—
(i)
the battery—
(A) must be rechargeable; and
(B) must be solely dedicated to the
operation of the equipment and the required emergency light (see
paragraph (n)) or able to be readily isolated for sole use in connection
with the equipment and light; and
(C) must be located close to the equipment
in as high a position as is practicable; and
(D) must be satisfactorily housed; and
(ii)
the following further equipment must be carried on the
vessel:
(A) a device capable of fully charging the
battery from a discharged condition within 16 hours; and
(B) a device capable of testing the charge
condition of the battery; and
(f) a
device must be provided for the purpose of protecting the equipment against
voltage fluctuations in the electrical energy supply; and
(g) the
antenna of the equipment's radiating system must be designed, constructed and
installed—
(i)
so as to secure efficient radiation;
(ii)
so as to be protected from mechanical damage and the
adverse effects of water; and
(iii)
so as not to pose a danger to any person through risk of
accidental contact; and
(iv)
so as not to interfere with the safe navigation or safe
working of the vessel; and
(h) in
the case of VHF FM radiotelephony equipment—
(i)
the antenna of the equipment's radiating system must be
vertically polarised; and
(ii)
the product of any antenna gain, with reference to an
isotropic radiator, and the power of the equipment's transmitter (measured at
the point of connection to the antenna terminal) must not exceed 41 watts
of Effective Isotropic Radiated Power; and
(i)
in the case of MH/HF radiotelephony equipment—the
equipment must be fitted with an efficient radio frequency earth and a
suitable connection between the equipment and the earth; and
(j) the
equipment must be designed, constructed and installed so that effective
reception of radio signals is not hindered by interference while the vessel is
at sea (taking into account that equipment that causes interference may be
fitted with a device to prevent interference); and
(k) the
equipment must be installed—
(i)
subject to paragraph (l), in the place from which
the vessel is usually navigated; and
(ii)
in as high a position as is practicable; and
(iii)
so that it does not affect the operation of any compass
or other navigational equipment on the vessel; and
(iv)
so that it is protected against the effects of moisture
and extremes of temperature; and
(l) the
equipment need not be installed in the place from which the vessel is usually
navigated if the equipment is fitted with a loud speaker enabling signals
received on the equipment to be heard and understood from the place from which
the vessel is usually navigated (and so enabling the required radio watch to
be maintained); and
(m) the
following spare components for the equipment must be carried on the vessel:
(i)
four of each type of fuse used in the equipment; and
(ii)
one globe for the required emergency light (see
paragraph (n)); and
(iii)
if a lamp is the only indicator of power output on the
equipment—one spare lamp; and
(n) the
following further equipment must be carried on the vessel—
(i)
a reliable time piece that is positioned so as to be
visible to a person operating the radiotelephony equipment; and
(ii)
a notice explaining the use of the radiotelephony
equipment in an emergency by an unskilled person positioned so as to be easily
visible to a person operating that equipment; and
(iii)
an emergency light which is capable of illuminating the
controls of the radiotelephony equipment and the time piece and notice
referred to above and which can be operated both from the equipment and from
the entry to that part of the vessel in which the equipment is located; and
(o) a
copy of the latest edition of the Marine Radio Operators Handbook published by
the Australian Maritime College must be kept readily available for use by a
person operating the equipment; and
(p) a
log-book for entries relating to distress signals must be kept readily
available for use by a person operating the equipment.
(1) Subject to these
regulations, a commercial vessel must comply with Section 13 of the Code.
(2) The application of
Section 13, Part 3 of the Code is subject to the following modifications:
(a)
Classes 1B and 2B—strike out—
All lengths Mechanical depth sounding device
All lengths Hand lead line
All
lengths daylight signalling lamp
All lengths One set of international code
flags
All lengths One copy of 'International Code of Signals'
and substitute—
|
All lengths Mechanical depth sounding device and Hand lead line | |
|
35 metres and over |
Daylight signalling lamp |
| |
One set of International Code Flags |
| |
One copy of 'International Code of Signals' |
|
Less than 35 metres |
Signalling light |
| |
International Code Flags NC; |
(b)
Classes 1D and 2D—insert "or Mechanical depth sounding device" after
"All lengths ............ Hand lead line";
(c)
Classes 2B and 2C—strike out "Less than 10 metres ............ Sea
anchor";
(d)
Class 3D—strike out—
|
10 metres and over |
Clock |
|
10 metres and over |
Barometer |
|
All lengths |
Magnetic Compass; |
(e)
Class 3B—insert "vessels less than 15 metres may carry one V distress
sheet in lieu of these flags" after "Less than 35 metres ............ Flags
NC";
(f)
Class 3C—insert "vessels less than 15 metres may carry one V distress
sheet in lieu of these flags" after "All lengths ............ Flags NC".