Marine Safety Act 1998 (NSW)

Marine Safety Act 1998 No 121

An Act relating to marine safety and other matters; to repeal the Maritime Services Act 1935, the Navigation Act 1901, the Commercial Vessels Act 1979 and certain other marine legislation.

Part 1 Preliminary

1 Name of Act This Act is the Marine Safety Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to ensure the safe operation of vessels in ports and other waterways, (b) to promote the responsible operation of vessels in those waters so as to protect the safety and amenity of other users of those waters and the amenity of occupiers of adjoining land, (b1) to provide an effective framework for the enforcement of marine legislation, (c) to provide for the investigation of marine accidents and for appropriate action following any such investigation, (d) to consolidate marine safety legislation.

4 Definitions (1) In this Act— authorised officer means— (a) a harbour master, or (b) a police officer, or (c) a person (or a person of a class) appointed as an authorised officer under section 96. commercial purpose means a purpose for which a vessel is used that results in the vessel being a commercial vessel. commercial vessel has the same meaning as domestic commercial vessel in the National law. crew of a vessel means the persons (including the master of the vessel) whose duty it is to navigate or work the vessel or to carry out other operations on the vessel. defence vessel has the same meaning as in the National law. exercise a function includes perform a duty. foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth. function includes a power, authority or duty. harbour master means a person appointed as harbour master under Part 7 and, in relation to a function of a harbour master under the marine legislation, includes a person appointed under Part 7 to exercise that function. length means length overall. marine legislation means any of the following Acts (and the regulations and other instruments made under any of those Acts)— this Act, Ports and Maritime Administration Act 1995, Marine Pollution Act 2012. marine pilot of a vessel means the person who has the conduct of the vessel but who does not belong to the vessel. marine safety licence means a marine safety licence referred to in section 29. master of a vessel means the person having the command or charge of the vessel, but does not include a marine pilot. National law means— (a) the Commonwealth domestic commercial vessel national law within the meaning of section 9B, and (b) the applied provisions within the meaning of section 9B. National licence means a certificate or unique identifier issued under the National law. navigable waters means all waters (whether or not in the State) that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise. navigation aid means any device used for the safety of navigation (such as a beacon, buoy or marine mark), but does not include a device on board a vessel. operate a vessel includes— (a) to determine or exercise control over the course or direction of the vessel or over the means of propulsion of the vessel (whether or not the vessel is underway), and (b) to pilot the vessel, and (c) in the case of the owner of the vessel, to cause or allow the vessel to be operated by someone else. overseas voyage has the same meaning as in the Navigation Act 2012 of the Commonwealth. owner of a vessel is defined in section 7. pilotage and pilotage port have the same meanings as in Part 6. port includes any of the following waters (or any part of those waters)— (a) any harbour or haven, whether natural or artificial, (b) any estuary, channel, river, creek or roadstead, (c) any navigable water in which vessels may lie for shelter or for the transfer of cargo or passengers. Port Authority of New South Wales means the Newcastle Port Corporation established under the Ports and Maritime Administration Act 1995. prescribed illicit drug has the same meaning as in the Road Transport Act 2013. recreational vessel means a vessel other than a commercial vessel. regulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth. responsible licensing official, in relation to a marine safety licence, means— (a) Transport for NSW, in the case of any of the following kinds of licences— (i) a boat driving licence—being a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5, (ii) a vessel registration certificate—being a marine safety licence for a vessel that is required by Division 2 of Part 5, and (b) the Minister, in any other case. State registrable vessel is defined in section 49. State waters means any navigable waters within the limits of the State or the coastal waters of the State (within the meaning of Part 10 of the Interpretation Act 1987).