Marine and Safety (Maritime Incidents) Regulations 2017 (Tas)

Marine and Safety (Maritime Incidents) 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 .

20 November 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 (Maritime Incidents) Regulations 2017 .

2. Commencement These regulations take effect on 29 November 2017.

3. Interpretation In these regulations – Act means the Marine and Safety Authority Act 1997 ; approved means approved by MAST; assessor means a person who is authorised by the Minister under regulation 35 to assist a court of inquiry; inquiry means an inquiry under Part 3 ; investigation means an investigation under Part 2; investigator means a person who is authorised as an investigator under regulation 8 ; magistrate means a magistrate within the meaning of the Magistrates Court Act 1987; maritime incident – see regulation 4; MAST means the Marine and Safety Authority established under the Act; serious injury means any injury other than – (a) an injury that is merely superficial, such as a scratch or graze; or (b) an injury that, though more than superficial, is one for which a reasonably healthy and robust person would not ordinarily seek or require medical attention of any kind or medical attention beyond very basic and immediate first aid.

4. Meaning of "maritime incident" (1) For the purposes of these regulations, a maritime incident is – (a) the occurrence, in waters that are navigable, of any of the following: (i) the death or serious injury of a person on board a vessel; (ii) the death or serious injury of a person caused by a vessel; (iii) the loss overboard, or presumed loss overboard, of a person from a vessel; (iv) the loss, or presumed loss, of a vessel (whether from sinking, structural failure, explosion, fire or otherwise); (v) the abandonment of a vessel; (vi) the theft, hijacking or suspicious disappearance of a vessel; or (b) the occurrence, in waters that are navigable, of any of the following to a serious degree: (i) the collision, or near collision, of a vessel with another vessel or any object; (ii) the grounding or stranding of a vessel; (iii) the flooding or swamping of a vessel; (iv) the capsizing or complete roll-over of a vessel; (v) a loss of stability of a vessel affecting the safety of the vessel (whether from shifting cargo or ballast or other causes); (vi) a loss of steerage or propulsion on a vessel; (vii) the disablement of a vessel to the extent that it requires assistance; (viii) a structural failure in the hull or superstructure of a vessel; (ix) damage caused to or by a vessel; (x) a fire, explosion or emergency involving dangerous substances on a vessel; (xi) the loss overboard of a shipping container, or other major item or quantity of cargo, from a commercial vessel; (xii) the loss overboard of spars, or rigging or other major items of equipment, from a sailing vessel; (xiii) the loss overboard of nets, dredges, cables or other major items of equipment, from a commercial fishing vessel. (2) For the purposes of subregulation (1) , it is immaterial whether the relevant vessel is under way or secured at the time of the relevant occurrence. (3) In this regulation – secured, in relation to a vessel, means – (a) riding at anchor (other than a sea anchor); or (b) tied up to a mooring, moored raft or moored pontoon; or (c) tied up to a jetty, wharf or breakwater; or (d) berthed in a marina; or (e) secured to a vessel to which paragraph (a) , (b) , (c) or (d) applies; or (f) connected up to something such as a crane, slipway cradle or trailer winch in order to be put into or taken out of the water; serious degree, in relation to an occurrence, means to such a degree that – (a) a navigation hazard is or is realistically likely to be created as a result of the occurrence; or (b) a vessel sustains, or is realistically in danger of sustaining, damage that is not merely superficial as a result of the occurrence; or (c) the environment sustains, or is realistically in danger of sustaining, serious harm as a result of the occurrence; or (d) the safety of any person is at serious risk as a result of the occurrence.