Schedule 9 Dictionary

ABP Standard means the standard entitled National Standard for the Australian Builders Plate for Recreational Boats endorsed by the entity formerly known as the Transport Infrastructure Council and published on 5 June 2020 by the Australian Recreational Boating Safety Committee on the Australia New Zealand Safe Boating Education Group’s website, as amended from time to time.

accredited surf life saving club means a surf life saving club accredited by the commissioner of the police service.

administering agency, for an authority, a marine licence or a marine licence indicator, see section 99.

all-round light see the collision regulations, rule 21(e).

AMSA means the Australian Maritime Safety Authority.

approving entity, for a buoy mooring approval, see section 186.

AQF means the Australian Qualifications Framework under the Higher Education Support Act 2003 (Cwlth).

aquatic event means an event or activity described in section 217(1) of the Act.

aquatic event authority means a consent under section 198 to hold an aquatic event.

area VTS, for a pilotage area, means the vessel traffic services operated by the general manager in the pilotage area.

Note— The VHF radio frequencies used by an area VTS are stated in notices to mariners published by MSQ, which are available for inspection at the offices of MSQ during normal office hours or on MSQ’s website.

authority see section 100.

beyond, in relation to smooth waters or partially smooth waters, means seawards from the smooth waters or the partially smooth waters.

BS means a standard published by the British Standards Institution.

builders plate means a plate fixed to a ship displaying information about the ship that is relevant to marine safety.

builders plate approver see section 49.

buoy mooring approval means an approval under section 186 to establish a buoy mooring.

buoy mooring direction means a direction under section 183(3), 185(3) or 192(4).

category 1 area—

(a) for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(2)(a); or

(b) for a buoy mooring in Gold Coast waters—see section 184(1)(a).

category 2 area—

(a) for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(2)(b); or

(b) for a buoy mooring in Gold Coast waters—see section 184(1)(b).

category 3 area—

(a) for a buoy mooring in Queensland waters other than Gold Coast waters—see section 182(3); or

(b) for a buoy mooring in Gold Coast waters—see section 184(2).

change of address label means a change of address label mentioned in section 145(2)(b).

collision regulations means the International Regulations for Preventing Collisions at Sea published by the International Maritime Organization.

Note— The collision regulations are included as an Appendix to the Marine Orders - Part 30: Prevention of Collisions, Issue 8 (Cwlth).

compliant, for a handheld red flare or orange smoke signal, means that the flare or signal complies with—

(a) the NSCV; or

(b) SOLAS; or

(c) AS 2092—2004 (Pyrotechnic marine distress flares and signals for pleasure craft).

compliant inflatable diver’s jacket means an inflatable diver’s jacket complying with BS EN 12628:1999 (Diving accessories. Combined buoyancy and rescue devices. Functional and safety requirements, test methods).

crew, of a ship, means the ship’s crew members and any other persons employed or engaged in any capacity on board, but does not include the master or pilot of the ship.

crew member, of a ship, means a person who is employed or engaged on board the ship to perform duties relating to the navigation or operation of the ship, but does not include the master or pilot of the ship.

criminal history check means a written report from the commissioner of the police service about a person’s criminal history.

current postal address, for a person, means a postal address—

(a) given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b) for which no written notice from the person, asking the department to discontinue use of the postal address, has been received by the department.

damaged—

1 Damaged, for a marine licence indicator for a marine licence that is not a smartcard marine licence indicator, includes destroyed, defaced, mutilated or made illegible.

2 Damaged, for a smartcard marine licence indicator for a marine licence—

(a) means—

(i) the smartcard marine licence indicator is damaged to an extent that—

(A) any information on the smartcard marine licence indicator (including a change of address label) is impossible or difficult to read without the use of technology; or

(B) a digital photo or a digitised signature on the smartcard marine licence indicator is impossible or difficult to recognise without the use of technology; or

(ii) any information stored electronically on the smartcard marine licence indicator is no longer accessible by using the holder’s PIN; and

(b) includes destroyed.

3 However, damaged, in relation to a marine licence indicator, does not include the marine licence indicator being destroyed as required under section 149.

dangerous cargo see AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).

dangerous cargo code means any of the following—

(a) the IMSBC code as it applies to Group B materials mentioned in the IMSBC code, appendix 4;

(b) the IMDG code;

(c) ISGOTT;

(d) the Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases, issued by the International Chamber of Shipping, the Chemical Distribution Institute, the Society of International Gas Tanker and Terminal Operators and the Oil Companies International Marine Forum;

(e) the Tanker Safety Guide (Chemicals) issued by the International Chamber of Shipping;

(f) the Tanker Safety Guide (Liquefied Gas) issued by the International Chamber of Shipping.

dangerous goods means dangerous goods to which the IMDG code applies.

emergency services department ...

EPIRB means an emergency position indicating radio beacon.

examining approval means an approval, under section 65, of an entity to conduct examinations mentioned in section 64.

Far North Queensland Ports Corporation means Far North Queensland Ports Corporation Limited ACN 131 836 014.

fee see section 200.

fishing ship means—

(a) a ship with a certificate of operation issued, or taken to be issued, under the national law stating it is a class 3 ship; or

(b) a tender to a ship mentioned in paragraph (a).

freestyle, for a ship, means drive the ship in a way that its course or speed is insufficiently predictable to allow masters of other ships to readily decide what course and speed to take to avoid a collision with the ship.

Gladstone Ports Corporation means Gladstone Ports Corporation Limited ACN 131 965 896.

government entity means a government entity under the Public Sector Act 2022, section 276.

grant includes issue.

handle, in relation to dangerous cargo, includes carry, discharge, load, move, restow, stack, stow and unload and anything incidental to carrying, discharging, loading, moving, restowing, stacking, stowing or unloading.

harbour master—

(a) for a pilotage area, see section 162; or

(b) for chapter 9, see section 181(6).

holder, of an authority or marine licence, means—

(a) if the authority is the registration of a ship—the person in whose name the ship is registered; or

(b) otherwise—the person to whom the authority is granted.

Note— For a marine licence indicator, see schedule 1 of the Act, definition holder.

IMDG code means the International Maritime Dangerous Goods Code published by the International Maritime Organization.

IMSBC code means the International Maritime Solid Bulk Cargoes Code published by the International Maritime Organization.

ISGOTT means the International Safety Guide for Oil Tankers and Terminals issued by the International Chamber of Shipping, the Oil Companies International Marine Forum and the International Association of Ports and Harbors.

issuing entity means a harbour master, the general manager or the Gold Coast Waterways Authority.

land means a part of the earth’s surface (other than a reef) above ordinary high-water mark at spring tides.

level flotation, for a ship, means level flotation within the meaning of the ABP Standard.

lifejacket means a garment or device that, when correctly worn and used in water, will provide the wearer with a specific amount of buoyancy which will increase the likelihood of survival.

lifejacket level 50 means a lifejacket that—

(a) is classified as level 50 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(b) has the symbol ‘50’ marked on it by the manufacturer to show the classification.

lifejacket level 50S means a lifejacket that—

(a) is classified as level 50S under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(b) has the symbol ‘50S’ marked on it by the manufacturer to show the classification.

lifejacket level 100 means—

(a) a lifejacket that—

(i) complies with the requirements for the lifejacket under SOLAS as in force when the lifejacket is manufactured; and

(ii) has the symbol ‘SOLAS’ marked on it by the manufacturer to show the lifejacket complies with the requirements; or

(b) a lifejacket that—

(i) complies with the requirements for the lifejacket under the NSCV, part C, section 7, subsection 7A, annex G; and

(ii) has the symbol ‘150’ marked on it by the manufacturer to show the lifejacket complies with the requirements; or

(c) a lifejacket that—

(i) is classified as level 100 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii) has the symbol ‘100’ marked on it by the manufacturer to show the classification; or

(d) a lifejacket that—

(i) is classified as level 150 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii) has the symbol ‘150’ marked on it by the manufacturer to show the classification; or

(e) a lifejacket that—

(i) is classified as level 275 under AS 4758 (Lifejackets) as in force when the lifejacket is manufactured; and

(ii) has the symbol ‘275’ marked on it by the manufacturer to show the classification.

local marine service means a shipping service in which a ship is operated on Queensland intrastate voyages to handle dangerous cargo.

marine safety legislation means any of the following—

(a) the Act;

(b) a law of the Commonwealth, a State or a foreign country about marine safety.

mooring manager—

(a) for a buoy mooring in a category 1 area in Queensland waters other than Gold Coast waters—see section 182(4); or

(b) for a buoy mooring in a category 1 area in Gold Coast waters—see section 184(3).

North Queensland Bulk Ports Corporation means North Queensland Bulk Ports Corporation Limited ACN 136 880 218.

NSCV means the National Standard for Commercial Vessels published by AMSA on its website.

offer to occupy means an offer to occupy a stated buoy mooring location under a buoy mooring approval made by an approving entity under section 186 to the person who applied for the approval.

partially smooth waters means the waters described in schedule 7, other than waters within 0.5n mile from land.

passenger, for a ship, means any person on the ship other than—

(a) the master of the ship; or

(b) any of the crew of the ship; or

(c) the pilot of the ship; or

(d) a child under 1 year.

pilotage exemption certificate means a certificate exempting the master of a ship from pilotage in a pilotage area.

pilot licence means a licence authorising the holder of the licence to have the conduct of a ship as its pilot.

Port of Townsville Limited means Port of Townsville Limited ACN 130 077 673.

prescribed other Queensland regulated ship means an other Queensland regulated ship that—

(a) is 6m or more in length; or

(b) is designed to carry more than 12 persons on the ship; or

(c) operates more than 15n miles from land.

prescribed review information, for a decision, means information that a person whose interests are affected by the decision may—

(a) under section 203B of the Act, ask for the decision to be reviewed by the entity by or for whom the decision was made; and

(b) under the Transport Planning and Coordination Act 1994, part 5, division 2, apply to QCAT for the decision to be stayed; and

(c) under section 203C of the Act, ask for the decision on the review (the reviewed decision) to be reviewed by QCAT; and

(d) under the QCAT Act, apply to QCAT for the reviewed decision to be stayed.

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

reasonably satisfied means satisfied on reasonable grounds.

register means the register of registered Queensland regulated ships kept by the chief executive and the general manager under section 34.

registered, for a ship, means registered under this regulation.

registered owner, of a ship, means the owner in whose name the ship is registered.

registering entity see section 29(1).

registration fee, for a ship, means the fee for the registration of the ship stated in schedule 6, part 1, division 1.

required licence, for a person operating a ship as its master, or acting as a crew member of a ship, means the licence the person must hold to operate the ship, or act as a crew member of the ship, under chapter 4, part 1, division 2.

required lifejacket, for an individual on board a ship, see section 22.

restricted use authority means an authority authorising the operation of a ship for 1 or more of the uses mentioned in section 53(1).

restricted use buoy mooring means a buoy mooring to which only a particular ship, owned by the holder of the buoy mooring approval for the buoy mooring and stated in the approval, may be moored.

sailing ship means a ship designed to use sails as its primary means of propulsion, whether or not the ship also has an auxiliary mechanical means of propulsion.

school means a State school or non-State school, as defined under the Education (General Provisions) Act 2006, providing primary education, secondary education, or special education, as defined under that Act.

smooth waters means the waters—

(a) of rivers, creeks, streams and lakes; or

(b) within breakwaters or revetments; or

(c) within 0.5n mile from land that are within waters described in schedule 7; or

(d) described in schedule 8.

SOLAS means the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1978.

speed means speed over the ground.

surf, for a ship, means drive the ship down a breaking wave, wake or swell.

temporary permit means a permit under section 75 to operate a prescribed other Queensland regulated ship as a master or act as a crew member of a prescribed other Queensland regulated ship.

training program approval means an approval, under section 67, of an entity to provide training programs for the operation of recreational ships and personal watercraft.

underway means not at anchor, moored, made fast to the shore or aground.

unlicensed person, for a ship, means a person who does not hold the required licence to operate the ship as its master.

unrestricted use buoy mooring means a buoy mooring to which any ship, with the consent of the holder of the buoy mooring approval for the buoy mooring, may be moored.

V sheet means a rectangular sheet of water-resistant material that—

(a) is fluorescent orange or red; and

(b) has the letter ‘V’ displayed prominently on it in black; and

(c) is at least 1.8m x 1.2m.

waterskiing means the activity of towing a person by a line attached to a ship, including, for example, a person riding on a toboggan or tube.

wave jump, for a ship, means drive the ship over a breaking wave, wake or swell for the purpose of making the ship airborne, other than in the ordinary course of navigation.