Marine and Safety (General) Regulations 2023 (Tas)

Marine and Safety (General) Regulations 2023

I, the 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 .

19 June 2023

B. BAKER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Infrastructure and Transport

PART 1 - Preliminary

1. Short title These regulations may be cited as the Marine and Safety (General) Regulations 2023 .

2. Commencement These regulations take effect on 1 July 2023.

3. Interpretation In these regulations, unless the contrary intention appears – 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; AS means a standard published, and as from time to time amended or substituted, by Standards Australia; AS 4758 includes – (a) AS 4758.1–2008, as in force immediately before 13 August 2015; and (b) AS 4758.1:2015, as from time to time amended or substituted; AS/NZS means a standard published, and as from time to time amended or substituted, by Standards Australia and Standards New Zealand jointly; authorised person means a person who – (a) is appointed under section 44 of the Act for the purposes of these regulations; or (b) is a member of a class of persons appointed under section 44 of the Act for the purposes of these regulations; auxiliary vessel has the same meaning as in the National Law; class, for a vessel, means its class under the National Law; emergency, for a vessel, means the occurrence of any, or any combination of, the following: (a) a death or injury (caused by the vessel); (b) a death or injury on (but not caused by) the vessel; (c) the loss of a person from the vessel; (d) an on-board medical emergency; (e) a collision with an object or another vessel; (f) a grounding, sinking, flooding or capsizing of the vessel; (g) the discovery that another vessel requires assistance; (h) an on-board fire; (i) a loss of stability; (j) a propulsion failure; (k) a structural failure in the hull or superstructure; (l) the giving (other than for testing or training purposes) of the emergency muster station signal; (m) the giving (other than for testing or training purposes) of the "abandon ship" signal; (n) the materialisation of a risk that is peculiar to that particular vessel, on account of its design, cargo or operations; EPIRB means Emergency Position Indicating Radio Beacon that conforms to AS/NZS 4280.1; EVDS means an electronic visual distress signal; flare means a flare that conforms to AS 2092; life jacket means an inflatable or buoyant jacket, that meets or exceeds AS 4758, for keeping a person afloat in water; lightweight craft means an off-the-beach sailing craft, a canoe, a kayak, a stand-up paddle board or any other lightweight craft capable of being navigated that is not also a commercial vessel; MAST means the Marine and Safety Authority established by section 4 of the Act; motor boat has the same meaning as in the Marine and Safety (Motor Boats and Licences) By-laws 2013; NSCV means the National Standard for Commercial Vessels published by AMSA, as amended from time to time; off-the-beach sailing craft means a wind-powered craft that is designed to be launched directly from a beach; operate, for a vessel, includes navigate the vessel; owner has the same meaning as in the National Law; partially smooth waters means partially smooth waters as specified in Schedule 2 to the Marine and Safety (Limits of Operational Areas of Vessels) By-laws 2013; PLB means Personal Locator Beacon that conforms to AS/NZS 4280.2; prescribed fee, for any matter, means the fee prescribed in Schedule 1 in relation to the matter; PWC means a motor boat that – (a) is designed to use an inboard motor, powering a jet drive, as the principal means of propulsion; and (b) is designed to be operated by a person standing, crouching or kneeling on it, or sitting astride it, rather than within the confines of it; sea kayak means a kayak that – (a) is specifically designed for paddling on open waters; and (b) does not have an enclosed hull; sheltered waters means sheltered waters as specified in Schedules 1 and 2 to the Marine and Safety (Limits of Operational Areas of Vessels) By-laws 2013; smooth waters means smooth waters as specified in Schedule 1 to the Marine and Safety (Limits of Operational Areas of Vessels) By-laws 2013; surf zone means the area between the outermost breakers and the shore; tender vessel has the same meaning as in the National Standard for Commercial Vessels published by AMSA, as amended from time to time; VHF, in relation to the radio spectrum, means very high frequency and is the band extending from 30 MHz to 300 MHz.