South Australian Numbered Regulations South Australian Numbered Regulations (1) In these
regulations, unless the contrary intention appears—
"the Act" means the Harbors and Navigation Act 1993 ;
"AS" or "Australian Standard" or "AS/NZS" or "Australian/New Zealand Standard"
means a standard published by or under the authority of Standards Australia
(alone or jointly with others);
"boat operator's licence" means a certificate of competency of the class for
recreational vessels;
"certificate of competency" means a certificate of competency issued under
Part 7 of the Act (and a reference to a certificate of competency will be
taken to include, if the context permits, a reference to a replacement
certificate of competency issued under these regulations);
"certificate of registration", in relation to a vessel, means—
(a) a
certificate of registration issued in respect of the vessel under
regulation 117; or
Note—
This includes a certificate of registration issued in respect of a vessel
referred to in regulation 147.
(b) in
the case of a vessel registered in another jurisdiction—a corresponding
certificate or other document issued in respect of the vessel by the
marine authority of that jurisdiction,
(and a reference to a certificate of registration will be taken to include, if
the context permits, a reference to a replacement certificate of registration
issued under these regulations);
"certificate of survey", in relation to a vessel, means a
certificate of survey issued in respect of the vessel under Part 9 of the
Act (and a reference to a certificate of survey will be taken to include, if
the context permits, a reference to a replacement certificate of survey issued
under these regulations);
"channel", in relation to a harbor, means an area within the harbor regularly
used as a course for vessels entering, leaving or moving within the 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 shore-based facility—
(a)
established by the Minister for the purposes of communications by radio with
vessels and maintaining a radio watch; or
(b)
approved by the Minister by notice in the Gazette for the purposes of this
definition;
"the Code" means the Uniform Shipping Laws Code, endorsed by the Australian
Transport Council and published by the National Marine Safety Committee, 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 1 mode of transport; and
(d) with
devices so as to enable it to be readily handled between 1 mode of
transport and another; and
(e) to
carry a load the volume of which is at least 1 cubic metre;
"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;
"EPIRB" means an emergency position indicating radio beacon;
"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 );
"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;
"hire and drive houseboat" means a houseboat that is, or is to be, hired out
and operated while hired out by a person other than the owner of the houseboat
or an employee or agent of the owner;
"hire and drive small vessel" means—
(a) a
personal watercraft; or
(b) a
motorised dinghy having a length not exceeding 5 m,
that is, or is to be, hired out and operated while hired out by a person other
than the owner of the vessel or an employee or agent of the owner;
"hire and drive vessel" means a hire and drive houseboat or a
hire and drive small vessel;
"houseboat"—see subregulation (7);
"identification mark", in relation to a vessel that is registered under these
regulations, means the identification mark assigned to the vessel under
regulation 118;
Note—
A HIN on a HIN plate affixed to a vessel in accordance with Part 11 Division 2
Subdivision 6 is not an identification mark within the meaning of this
definition.
"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;
"kiteboard" means a vessel (being a surfboard or similar item) propelled by a
kite tethered to the vessel or the operator of the vessel;
"long blast" means a blast of a whistle approximately 5 seconds in
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;
"National Standard for Commercial Vessels" or
"NSCV" means the National Standard for Commercial Vessels endorsed by the
Australian Transport Council and published by the National Marine Safety
Committee, as in force from time to time (and includes any standard as in
force from time to time referred to in the NSCV);
"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"—the waters specified in Schedule 1 Part 2 are
partially smooth waters;
"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;
"PFD Type 1" means—
(a) a
personal flotation device that complies with 1 or more of the following:
(i)
AS 4758.1: Personal flotation devices—General
requirements in relation to a PFD classified as providing level 100 or
level 150 buoyancy (or more);
(ii)
Personal flotation devices—Type 1
AS 1512—1996, as in force on 1 January 2008;
(iii)
appendix R of section 10 of the Code;
(iv)
European Standard EN399-1993 Lifejackets-275N, as in
force from time to time;
(v)
European Standard EN396-1993 Lifejackets-150N, as in
force from time to time;
(vi)
European Standard EN395-1993 Lifejackets-100N, as in
force from time to time;
(vii)
ISO 12402-2 , as in force from time to time;
(viii)
ISO 12402-3 , as in force from time to time;
(ix)
ISO 12402-4 , as in force from time to time;
(x)
in the case of a device intended for use by adults—
Canadian General Standards Board CAN/CGSB-65.11-M88, as in force from time to
time;
(xi)
in the case of a device intended for use by
children— Canadian General Standards Board CAN/CGSB-65.15-M88, as in
force from time to time;
(xii)
Underwriters Laboratories Standards UL1180 Fully
inflatable recreational personal flotation devices, as in force from time to
time;
(xiii)
New Zealand Standard NZ5823:2001 Type 401 , as in force
from time to time;
(xiv)
any other standard or specification approved by the CEO
by notice in the Gazette for the purposes of this paragraph; or
(b) a
personal flotation device that complies with the requirements of Australian
Maritime Safety Authority Marine Orders Part 25 related to the type of
life-jackets required to be carried on Australian registered ships;
"PFD Type 2" means a personal flotation device that complies with 1 or
more of the following:
(a) AS
4758.1: Personal flotation devices—General requirements, as that
standard relates to a PFD classified as providing level 50 buoyancy;
(b)
Personal Flotation Devices Type—2 AS1499—1996, as in force on
1 January 2008;
(c)
European Standard EN393-1993 Lifejackets-50N, as in force from time to time;
(d) ISO
12402-5 , as in force from time to time;
(e) any
other standard or specification approved by the CEO by notice in the Gazette
for the purposes of this paragraph;
"PFD Type 3" means a personal flotation device that complies with 1 or
more of the following:
(a) AS
4758.1: Personal flotation devices—General requirements in relation to a
PFD classified as providing level 50 special purpose (50S) buoyancy;
(b)
Personal Flotation Devices Type—3 AS2260—1996, as in force on
1 January 2008;
(c) any
other standard or specification approved by the CEO by notice in the Gazette
for the purposes of this paragraph;
"planing attitude", in relation to a vessel, means the attitude of the vessel
when buoyancy has ceased to be its sole support and a proportion of its weight
is supported by the dynamic lift resulting from the speed of the vessel
through the water;
"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" or
"COLREGS" 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 (formed after consultation with the
relevant port operator), been satisfactorily completed; and
(c) that
has been undertaken not more than 1 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 (formed after consultation with the
relevant port operator), been satisfactorily completed; and
(c) that
has been undertaken not more than 1 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;
Note—
The fact that a person is recorded as the registered owner of a vessel does
not, in itself, confer proprietary rights on the person in respect of the
vessel.
"relevant port operator", in relation to a harbor, means the port operator (if
any) operating a port comprising or including the whole or some of the land
and waters constituting the harbor;
"restricted area" means an area of water identified in Schedule 5 Part 1;
"restricted vessel" means a fishing vessel that operates only within 1 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 2 nautical miles
seaward of the low water mark of a coast or of the banks of Lakes Alexandrina
and Albert;
"short blast" means a blast of a whistle approximately 1 second in
duration;
"smooth water"—the waters specified in Schedule 1 Part 1 are
smooth waters;
"surveyor" means—
(a) a
person licensed under the Act as a surveyor; or
(b) a
person authorised by the CEO to carry out inspections or surveys for the
purposes of these regulations.
"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 2 nautical miles
seaward of the low water mark of a 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 m by 1.2 m in size; and
(b) that
is florescent orange-red in colour; and
(c) on
which is displayed the letter V in black, the V being not less than
0.8 m in height and the strokes forming the V being not less than
130 mm 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) For the purposes
of these regulations, a reference in the Code or the
NSCV to "the Authority" will be taken to be a reference to the CEO.
(3) For the purposes
of these regulations, a reference in the Code or the
NSCV to "approved" will be taken to be a reference to approved by a surveyor.
(4) For the purposes
of these regulations, a reference to a vessel of a particular class is a
reference to a vessel of that class as defined in Part B of the NSCV.
(5) For the purposes
of these regulations, unless the contrary intention
appears, a reference to a "harbor" includes a reference to a port.
(6) For the purposes
of these regulations, vessels will be regarded as in sight of one another only
when 1 can be observed visually from the other.
(7) 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.
(8) For the purposes
of these regulations, a reference to a particular Australian Standard will,
unless the contrary intention appears, be taken to be a reference to that
standard as in force from time to time.
(9) For the purposes
of these regulations, a requirement to wear a PFD 1, PFD 2 or
PFD 3 or any other life-jacket or personal flotation device will be taken
to include a requirement that the device be of an appropriate size for the
wearer and properly adjusted.
(10) For the purposes
of these regulations, a reference to a PFD 1, PFD 2 or PFD 3
will, in relation to a personal flotation device worn or required to be worn
by a child—
(a) less
than 12 years of age; or
(b)
weighing less than 40 kg,
be taken not to include a reference to a PFD 1, PFD 2 or PFD 3
that is designed to inflate automatically on immersion.
(11) For the purposes
of these regulations, a requirement that a person wear, or that a vessel be
equipped with, a PFD 1, PFD 2 or PFD 3 or any other life-jacket
or personal flotation device will, in the case of a device that is designed to
inflate automatically on immersion and that has been so inflated, be taken to
include a requirement that—
(a) the
device has been recharged in accordance with the manufacturer's instructions;
and
(b) has
not been inflated since being so recharged.
(12) For the purposes
of the definitions of "semi-protected
waters" and " unprotected waters", a reference to a
"coast" will be taken to be a reference to—
(a) the
coast of the mainland; and
(b) the
coast of Kangaroo Island.