Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Regulation 2016


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Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Regulation 2016

1Short title

This regulation may be cited as the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Regulation 2016.

2Commencement

This regulation commences on 1 September 2016.

3Definition

In this regulation—
State delegate means a delegate or subdelegate of the National Regulator who is an officer or employee of this State or an agency of this State.

4Fees payable to State delegates—Act, s 15

(1)Schedule 1 states the fees payable under section 15 of the Act.
(2)A reference in this section and schedule 1 to the length of a domestic commercial vessel is a reference to the measured length of the vessel within the meaning of the National Standard for Commercial Vessels, Part B.
(3)In schedule 1—exempt vessel means a domestic commercial vessel to which section 5 or 6 applies.
sail training vessel means a domestic commercial vessel that—
(a)is 6m or more but less than 16m in length; and
(b)is used by a sailing school to teach sailing; and
(c)is not to carry anyone on board other than its master and crew and the persons learning to sail.
the Law means the domestic commercial vessel national law.

5Fee exemption for previously exempt vessels

(1)This section applies to a domestic commercial vessel that—
(a)is a previously exempt vessel; and
(b)was operating in Queensland waters at any time within 1 year prior to the commencement.
(2)No fee is payable under schedule 1, part 2 for a certificate of operation or a renewal of a certificate of operation for the vessel.
(3)In this section—
previously exempt vessel means—
(a)a vessel that was a domestic commercial vessel before the commencement if, before the commencement, no fee was payable for a certificate of operation for the vessel under the Commonwealth domestic commercial vessel national law on the basis that the vessel was of a kind mentioned in a repealed provision; or
(b)a vessel that was not a domestic commercial vessel before the commencement if, before the commencement, the vessel was exempt from the requirement to be registered under the Transport Operations (Marine Safety) Act 1994 because it was of a kind mentioned in a repealed provision.
repealed provision means section 60(2)(b), (c), (d), (e), (h) or (j) of the repealed Transport Operations (Marine Safety) Regulation 2004, as in force before the commencement.

6Fee exemption for particular vessels used for rescue purposes

(1)This section applies to a domestic commercial vessel that is—
(a)either of the following—
(i)owned by the department in which the Fire and Emergency Services Act 1990 is administered;
(ii)owned or operated by a volunteer marine rescue association, or surf life saving club, accredited by the department in which the Fire and Emergency Services Act 1990 is administered; and
(b)used for rescue purposes.
(2)No fee is payable under schedule 1, part 2 for a certificate of operation or a renewal of a certificate of operation for the vessel.

7Refund of fees if application is refused

(1)This section applies if a State delegate refuses an application for any of the following—
(a)a certificate of survey;
(b)a certificate of operation or a renewal of a certificate of operation;
(c)a certificate of competency;
(d)a load line certificate under Marine Order 507 (Load line certificates — national law) 2013 of the Commonwealth;
(e)an approval under section 6 or 7 of the Marine Safety (Temporary operations) Exemption 2016;
(f)a temporary crewing permit under the Marine Safety (Temporary crewing) Exemption 2013;
(g)a temporary service permit under the Marine Safety (Temporary service) Exemption 2013.
(2)The State delegate must refund the fees paid by the applicant in relation to the application, other than the State delegate’s reasonable costs of assessing the application.

8Refund of fees on revocation of certificate of operation on application

(1)This section applies if a certificate of operation issued by a State delegate is later revoked by a State delegate under section 52(1) of the domestic commercial vessel national law.
(2)The State delegate must refund to the holder of the certificate the unexpired part (the refund) of the fee paid for the certificate.
(3)The refund must be worked out on a proportional basis according to the number of whole days from the end of the day when the certificate of operation was revoked to the end of the day when the certificate of operation would have otherwise expired.
(4)The State delegate may deduct from the refund the administration fee for this section in schedule 1, part 2.

Schedule 1 Fees

section 4

Part 1 Fees related to certificates of survey

  

$

1

Certificate of survey (s 37(2) of the Law)—

(a)  standard fee

403.20

 

(b)  additional fee if an inspection of the domestic commercial vessel to which the certificate is to relate is necessary—

  
(i)  for time spent inspecting the vessel—for each 15 minutes, rounded down to the nearest 15 minutes

33.05

  
(ii)  for travel time for the inspection

the amount of the reasonable travel expenses incurred

2

Approval by a State delegate of plans for a domestic commercial vessel under section 11(1)(c) of Marine Order 503 (Certificates of survey — national law) 2013 (Cwlth)—

(a)  standard fee

148.00

 

(b)  additional fee for the assessment of the plans—

  
(i)  if the State delegate quoted a fee for the assessment in writing that was accepted by the applicant

the lesser of the quoted fee and the fee mentioned in subparagraph (ii)

  
(ii)  otherwise, for each 15 minutes of assessment time, rounded down to the nearest 15 minutes

44.10

3

Replacement of a certificate of survey on the holder’s application

59.10

Part 2 Fees related to certificates of operation

 

$

4

Certificate of operation or a renewal of a certificate of operation (s 47(2) of the Law)—the total of the following for each domestic commercial vessel, other than an exempt vessel, to which the certificate is to relate—

 
 

(a)  for a class 1 vessel or class 2 vessel of the following length, other than a sail training vessel—
 
 

•  1m or less

262.35

 

•  more than 1m but not more than 2m

274.85

 

•  more than 2m but not more than 3m

287.30

 

•  more than 3m but not more than 4m

299.80

 

•  more than 4m but not more than 4.5m

312.25

 

•  more than 4.5m but not more than 5m

363.25

 

•  more than 5m but not more than 6m

375.70

 

•  more than 6m but not more than 7m

388.20

 

•  more than 7m but not more than 8m

660.30

 

•  more than 8m but not more than 9m

672.75

 

•  more than 9m but not more than 10m

685.20

 

•  more than 10m but not more than 11m

814.00

 

•  more than 11m but not more than 12m

834.55

 

•  more than 12m but not more than 13m

855.15

 

•  more than 13m but not more than 14m

875.75

 

•  more than 14m but not more than 15m

896.35

 

•  more than 15m but not more than 16m

1,042.35

 

•  more than 16m but not more than 17m

1,062.95

 

•  more than 17m but not more than 18m

1,083.55

 

•  more than 18m but not more than 19m

1,104.15

 

•  more than 19m but not more than 20m

1,124.75

 

•  more than 20m but not more than 21m

1,243.75

 

•  more than 21m but not more than 22m

1,264.35

 

•  more than 22m but not more than 23m

1,284.95

 

•  more than 23m but not more than 24m

1,305.55

 

•  more than 24m but not more than 25m

1,326.15

 

•  more than 25m but not more than 26m

1,445.25

 

•  more than 26m but not more than 27m

1,465.85

 

•  more than 27m but not more than 28m

1,486.45

 

•  more than 28m but not more than 29m

1,507.05

 

•  more than 29m but not more than 30m

1,527.65

 

•  more than 30m but not more than 31m

1,548.25

 

•  more than 31m but not more than 32m

1,568.85

 

•  more than 32m but not more than 33m

1,589.45

 

•  more than 33m but not more than 34m

1,610.05

 

•  more than 34m but not more than 35m

1,630.65

 

•  more than 35m but not more than 50m

1,796.25

 

•  more than 50m but not more than 75m

1,876.70

 

•  more than 75m but not more than 100m

2,038.15

 

•  more than 100m

2,351.50

 

(b)  for a class 3 vessel of the following length—
 
 

•  15m or less

197.00

 

•  more than 15m but not more than 20m

537.25

 

•  more than 20m but not more than 25m

662.70

 

•  more than 25m but not more than 35m

832.75

 

•  more than 35m but not more than 50m

1,029.80

 

•  more than 50m but not more than 75m

1,110.30

 

•  more than 75m but not more than 100m

1,271.75

 

•  more than 100m

1,585.10

 

(c)  for a class 4 vessel of the following length—
 
 

•  1m or less

152.15

 

•  more than 1m but not more than 2m

164.60

 

•  more than 2m but not more than 3m

177.10

 

•  more than 3m but not more than 4m

189.55

 

•  more than 4m but not more than 4.5m

202.05

 

•  more than 4.5m but not more than 5m

253.00

 

•  more than 5m but not more than 6m

265.50

 

•  more than 6m but not more than 7m

277.95

 

•  more than 7m but not more than 8m

337.80

 

•  more than 8m but not more than 9m

350.30

 

•  more than 9m but not more than 10m

362.75

 

•  more than 10m but not more than 11m

439.55

 

•  more than 11m but not more than 12m

460.15

 

•  more than 12m but not more than 13m

480.75

 

•  more than 13m but not more than 14m

501.35

 

•  more than 14m but not more than 15m

521.95

 

•  more than 15m but not more than 16m

603.40

 

•  more than 16m but not more than 17m

624.00

 

•  more than 17m but not more than 18m

644.60

 

•  more than 18m but not more than 19m

665.20

 

•  more than 19m but not more than 20m

685.80

 

•  more than 20m but not more than 21m

813.70

 

•  more than 21m but not more than 22m

834.30

 

•  more than 22m but not more than 23m

854.90

 

•  more than 23m but not more than 24m

875.50

 

•  more than 24m but not more than 25m

896.10

 

•  more than 25m but not more than 26m

979.60

 

•  more than 26m but not more than 27m

1,000.15

 

•  more than 27m but not more than 28m

1,020.75

 

•  more than 28m but not more than 29m

1,041.35

 

•  more than 29m but not more than 30m

1,061.95

 

•  more than 30m but not more than 31m

1,082.55

 

•  more than 31m but not more than 32m

1,103.15

 

•  more than 32m but not more than 33m

1,123.75

 

•  more than 33m but not more than 34m

1,144.35

 

•  more than 34m but not more than 35m

1,164.95

 

•  more than 35m

1,223.10

 

(d)  for a hovercraft of the following length—
 
 

•  1m or less

255.15

 

•  more than 1m but not more than 2m

267.60

 

•  more than 2m but not more than 3m

280.05

 

•  more than 3m but not more than 4m

292.55

 

•  more than 4m but not more than 4.5m

305.00

 

•  more than 4.5m but not more than 5m

356.00

 

•  more than 5m but not more than 6m

429.30

 

•  more than 6m but not more than 7m

441.80

 

•  more than 7m but not more than 7.5m

454.25

 

•  more than 7.5m but not more than 8m

579.70

 

•  more than 8m but not more than 9m

592.20

 

•  more than 9m but not more than 10m

604.65

 

•  more than 10m but not more than 11m

733.30

 

•  more than 11m but not more than 12m

753.90

 

•  more than 12m but not more than 13m

774.50

 

•  more than 13m but not more than 14m

795.10

 

•  more than 14m but not more than 15m

815.70

 

•  more than 15m but not more than 16m

1,078.10

 

•  more than 16m but not more than 17m

1,098.70

 

•  more than 17m but not more than 18m

1,119.30

 

•  more than 18m but not more than 19m

1,139.90

 

•  more than 19m but not more than 20m

1,160.50

 

•  more than 20m but not more than 21m

1,413.80

 

•  more than 21m but not more than 22m

1,434.40

 

•  more than 22m but not more than 23m

1,455.00

 

•  more than 23m but not more than 24m

1,475.60

 

•  more than 24m but not more than 25m

1,496.20

 

•  more than 25m but not more than 26m

1,516.80

 

•  more than 26m but not more than 27m

1,537.40

 

•  more than 27m but not more than 28m

1,558.00

 

•  more than 28m but not more than 29m

1,578.60

 

•  more than 29m but not more than 30m

1,599.20

 

•  more than 30m but not more than 31m

1,852.80

 

•  more than 31m but not more than 32m

1,873.40

 

•  more than 32m but not more than 33m

1,894.00

 

•  more than 33m but not more than 34m

1,914.60

 

•  more than 34m but not more than 35m

1,935.20

 

•  more than 35m

1,939.65

 

(e)  for a sail training vessel of the following length—
 
 

•  6m or more but not more than 7m

209.35

 

•  more than 7m but not more than 8m

221.85

 

•  more than 8m but not more than 9m

234.40

 

•  more than 9m but not more than 10m

246.70

 

•  more than 10m but not more than 11m

267.75

 

•  more than 11m but not more than 12m

288.40

 

•  more than 12m but not more than 13m

309.15

 

•  more than 13m but not more than 14m

329.65

 

•  more than 14m but not more than 15m

350.30

 

•  more than 15m but not more than 16m

371.00

5

Replacement of a certificate of operation on the holder’s application

59.10

6

Administration fee, for section 8, for a refund on revocation of a certificate of operation

16.75

Part 3 Fees related to certificates of competency

$

7

Certificate of competency (s 59(2) of the Law)—

(a)  standard fee, for a certificate of the following kind—

•  General Purpose Hand

89.65

 

•  Coxswain Grade 3 NC

89.65

 

•  Coxswain Grade 2 NC

89.65

 

•  Coxswain Grade 1 NC

89.65

 

•  Master <24m NC

197.00

 

•  Master (Inland waters)

197.00

 

•  Master <35m NC

277.60

 

•  Mate <80m NC

277.60

 

•  Master <80m NC

277.60

 

•  Marine Engine Driver Grade 3 NC

164.80

 

•  Marine Engine Driver Grade 2 NC

164.80

 

•  Marine Engine Driver Grade 1 NC

223.80

 

•  Engineer Class 3 NC

349.20

(b)  additional fee if an assessment of the qualifying sea service of the applicant is necessary

51.95

8

Renewal of a certificate of competency under Marine Order 505 (Certificates of competency — national law) 2013 (Cwlth)—

(a)  standard fee

51.10

 

(b)  additional fee if an assessment of the qualifying sea service of the applicant, or an equivalent requirement under the marine order, is necessary

51.95

9

Variation of a certificate of competency (s 61(2) of the Law)

51.10

10

Replacement of a certificate of competency on the holder’s application

38.40

Part 4 Other fees

$

11

Load line certificate under Marine Order 507 (Load line certificates — national law) 2013 (Cwlth)

161.20

12

Approval of extension under the Marine Safety (Operation beyond required survey time) Exemption 2013

59.10

13

Approval under section 6 or 7 of the Marine Safety (Temporary operations) Exemption 2016for a domestic commercial vessel of the following length, for each month, or part of a month, for which the approval applies—

(a)  50m or less

93.20

 

(b)  more than 50m but not more than 80m

198.95

(c)  more than 80m but not more than 150m

421.95

(d)  more than 150m but not more than 200m

663.05

(e)  more than 200m

904.25

14

Temporary crewing permit under the Marine Safety (Temporary crewing) Exemption 2013

145.00

15

Temporary service permit under the Marine Safety (Temporary service) Exemption 2013

145.00

sch 1 sub 2017 SL No. 70 s 34