Marine and Safety (Pilotage and Navigation) Regulations 2017 (Tas)

Marine and Safety (Pilotage and Navigation) Regulations 2017

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Marine and Safety Authority Act 1997 .

18 July 2017

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

M. T. (RENE) HIDDING

Minister for Infrastructure

PART 1 - Preliminary

1. Short title These regulations may be cited as the Marine and Safety (Pilotage and Navigation) Regulations 2017 .

2. Commencement These regulations take effect on 27 July 2017.

3. Interpretation (1) In these regulations – Act means the Marine and Safety Authority Act 1997 ; AMSA means the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 of the Commonwealth; approved means approved by MAST; aquatic event means – (a) a boat race, regatta or other aquatic sporting event held in waters under MAST's jurisdiction; or (b) a sail past, boating display or recreational event held in such waters; or (c) a cultural or religious festival involving aquatic activities held in such waters; authorised person means a person, or a member of a class of persons, appointed under section 44 of the Act for the purposes of these regulations; by day means at any point after sunrise but before sunset; exempt master means the master of a vessel who holds a valid pilotage exemption certificate; fairway means a navigable channel of water which may or may not be marked with channel markers; length overall has the same meaning as in the National Standard for Commercial Vessels published by AMSA, as amended from time to time; Marine Pilotage Code means the code developed by MAST in accordance with regulation 7 ; MAST means the Marine and Safety Authority established under the Act; Medical Health and Fitness Order means the Marine Order 9 (Health – medical fitness) issued by AMSA, as in force and amended from time to time; notice means notice in writing; pilot means a person who holds a pilot's licence; pilotage area means each port referred to in regulation 6 and the Tasman Bridge restricted area; pilotage exemption certificate means a certificate issued under Division 4 of Part 2 ; pilot's licence means a licence issued and in force under Part 2 ; port means a port defined in regulation 4 ; recreational vessel means a vessel that is being used for a recreational purpose; relevant pilotage area, in relation to a pilot's licence or pilotage exemption certificate, means the pilotage area for which the licence or certificate is sought or granted; relevant port operator means a port operator that has a marine facility in or near the relevant pilotage area; Tasman Bridge restricted area means the waters within 120 metres of the structure of the Tasman Bridge, as marked as a no anchorage zone on Australian Hydrographic Chart AUS 172; Tasports means the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938); tow means to tow or push another vessel or vessels lashed to the towing vessel; under pilotage, in relation to a vessel, means – (a) the vessel is under the command of an exempt master, or (b) the holder of a pilot's licence has conduct of the vessel – in the relevant pilotage area; VHF means very high frequency; VTS, in respect of a port, means vehicle traffic services to monitor and service marine traffic in that port. (2) A reference by a letter to a zone in these regulations is a reference to the zone of that letter as defined in regulation 5 .