Maritime Safety Queensland Act 2002 (Qld)

Maritime Safety Queensland Act 2002

An Act to provide for the establishment of Maritime Safety Queensland, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Maritime Safety Queensland Act 2002.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in schedule 2 defines particular words used in this Act.

4 Purposes of Act (1) The main purpose of this Act is to create an entity, Maritime Safety Queensland, to provide professional, specialist advice to, and undertake particular functions of, the chief executive in relation to marine safety, ship-sourced pollution and related matters. (2) This Act also facilitates the transfer from Maritime Safety Queensland to port authorities of the function of providing, or arranging for the provision of, pilotage services in particular compulsory pilotage areas.

5 Application of Act This Act does not limit the application of the following Acts— (a) Transport Infrastructure Act 1994; (b) Transport Operations (Marine Pollution) Act 1995; (c) TOMSA; (d) Transport Planning and Coordination Act 1994.

6 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Part 2 Maritime Safety Queensland

Division 1 Establishment, functions and powers of MSQ

7 Establishment of MSQ (1) Maritime Safety Queensland (MSQ) is established. (2) MSQ consists of— (a) the general manager; and (b) employees employed under section 12; and (c) other employees employed under the Public Sector Act 2022.

8 Functions and powers of MSQ (1) MSQ has the following functions— (a) for TOMSA— (i) to make standards under that Act for approval by the Governor in Council, and to monitor and audit the implementation of the standards; and (ii) to approve an entity to conduct training programs for the operation of Queensland regulated ships or to conduct examinations for issuing licences under that Act; and (iii) to licence masters, crew members and pilots; and (iv) to set up and maintain aids to navigation; and (v) to handle the investigation process into marine incidents; and (vi) to monitor and manage the movement of ships in Queensland waters; and (vii) to monitor and manage the operation and activities of ships in Queensland waters; and (viii) to monitor and manage unseaworthy ships or abandoned, stranded, sunk or wrecked ships; (b) for the Transport Operations (Marine Pollution) Act 1995—to deal with the discharge of ship-sourced pollutants into coastal waters; (c) for the Transport Infrastructure Act 1994—to manage public marine facilities and the use of waterways; (d) for the domestic commercial vessel national law—to exercise powers and perform functions delegated or subdelegated to MSQ under that law and collect fees mentioned in the DCV application Act, section 15; (e) to develop strategies— (i) for marine safety; and Example— education campaign for the safe use of recreational ships (ii) to prevent the deliberate, negligent or accidental discharge of ship-sourced pollutants into coastal waters; (f) to provide, or arrange for the provision of, maritime services including pilotage services; (g) to monitor and manage— (i) the provision by the responsible pilotage entity for a compulsory pilotage area of pilotage services; and (ii) arrangements made by the responsible pilotage entity for a compulsory pilotage area for providing pilotage services; (h) any other function conferred on MSQ under this or another Act. (2) MSQ has power to do anything necessary or convenient to be done for the performance of MSQ's functions. (3) In this section— DCV application Act means the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016. domestic commercial vessel national law see the DCV application Act, section 20. Queensland regulated ship see TOMSA, section 10A. responsible pilotage entity, for a compulsory pilotage area, does not include MSQ.