Div 5Pilotage

Division 5—Pilotage 60—Licensing of pilots—qualifications (1) For the purposes of section 33 of the Act, a person is qualified to be licensed as a pilot if— (a) the person holds— (i) a certificate of competency under the Marine Safety (Domestic Commercial Vessel) National Law of a kind specified by the CE for the purposes of this paragraph that is in force; or (ii) a seafarer's certificate under the Navigation Act 2012 of the Commonwealth; or (iii) a qualification under the law of some other place recognised under the Marine Safety (Domestic Commercial Vessel) National Law or the Navigation Act 2012 of the Commonwealth as equivalent to such a certificate of competency or seafarer's certificate; and (b) the person has such experience or knowledge in relation to the operation of vessels in the harbor in respect of which the application is made as may be required by the CE, after consultation with the relevant port operator, for the purposes of this paragraph; and (c) the person's eyesight complies with the following requirements: (i) in the case of a person who does not use corrective lenses—the person must be able to read without the aid of corrective lenses all letters on the fifth line of a letter card based on the Snellen principle; (ii) in the case of a person who uses corrective lenses— (A) the person must be able to read with the aid of corrective lenses all letters on the sixth line of the letter card based on the Snellen principle and read without the aid of corrective lenses all letters on the fourth line of the card; and (B) the sight in the person's better eye must not be worse than 6/6 on the basis of the Snellen principle; (iii) the person must not suffer from a progressive eye disorder; (iv) the person must be able to easily distinguish variously coloured lanterns; and (d) the person does not suffer any mental or physical impairment that may, in the opinion of the CE (formed after consultation with the relevant port operator), affect their ability to perform the duties of a pilot. (2) For the purposes of determining whether a person— (a) has the required knowledge in relation to the operation of vessels in the harbor in respect of which an application for a licence is made; or (b) can easily distinguish variously coloured lanterns, the CE may require the person to satisfactorily pass an examination set by the CE. (3) A pass in an examination remains valid for the purposes of this regulation for a period of 12 months from the date of the examination, unless the CE determines otherwise. (4) If a person fails an examination, the CE may determine that no further attempt may be made by that person for a specified period. 61—Duration of pilot's licence A pilot's licence remains in force until— (a) the licensee ceases to be qualified, in accordance with regulation 60, to hold a pilot's licence; or (b) the licensee dies; or (c) the licence is surrendered or cancelled, whichever occurs first. 62—Pilotage exemption certificates (1) Pilotage exemption certificates will be of the following categories: (a) category 1—for vessels up to 65 m in length; (b) category 2—for vessels up to 155 m in length; (c) category 3—for vessels up to 185 m in length. (2) Subject to this regulation, the CE may issue a pilotage exemption certificate to the operator of a vessel in respect of a particular harbor or harbors if— (a) the operator holds a certificate of competency for a vessel of the length appropriate to the category of certificate applied for; and (b) the operator has undertaken a qualifying voyage or voyages as follows: (i) in the case of an applicant for a category 1 certificate who does not hold a current pilotage exemption certificate of any category—the operator has undertaken, as operator of a vessel over 35 m in length— (ii) in the case of an applicant for a category 2 or 3 certificate who does not hold a current pilotage exemption certificate of any category—either— (A) the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category— • 1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and • 1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or (B) the operator has undertaken, as operator of a vessel of not less than the length appropriate to the category— • 2 qualifying exit voyages during daylight hours, and, as first mate (actively on duty on the bridge of the vessel) of such a vessel— • 3 qualifying exit voyages during daylight hours; (iii) in the case of an operator who holds a current pilotage exemption certificate of another category—the operator has undertaken, as operator of a vessel of at least the length appropriate to the new category sought— (iv) in the case of an operator who applies for an endorsement for night navigation— (A) if the application is for a category 1 certificate—the operator has undertaken— • 1 further qualifying entry voyage of the kind required for the certificate but during the hours of darkness; and • 1 further qualifying exit voyage of the kind required for the certificate but during the hours of darkness; (B) if the application is for a category 2 or 3 certificate—the operator has undertaken— • 3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and • 3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and (c) the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot. (3) The CE may only issue a pilotage exemption certificate in respect of a harbor for which there is a port operator after consultation with the port operator. (4) Without limiting subregulation (2) and subject to this regulation, the CE may issue a pilotage exemption certificate (a special pilotage exemption certificate) to the operator of a vessel in respect of a particular vessel over 185 m in length and in respect of a particular harbor if— (a) the operator holds a certificate of competency appropriate to the vessel; and (b) the operator has undertaken a qualifying voyage or voyages as follows: (i) the operator has undertaken— (A) as operator of a vessel of not less than the length of the relevant vessel— • 1 further qualifying entry voyage either during daylight hours or during the hours of darkness; and • 1 further qualifying exit voyage either during daylight hours or during the hours of darkness; or (B) as operator of a vessel of not less than the length of the relevant vessel— • 2 qualifying exit voyages during daylight hours, and, as first mate (actively on duty on the bridge of the vessel) of such a vessel— • 3 qualifying exit voyages during daylight hours; (ii) in the case of an operator who holds a current pilotage exemption certificate of category 1, 2 or 3—the operator has undertaken, as operator of a vessel of at least the length of the relevant vessel— (iii) in the case of an operator who applies for an endorsement for night navigation—the operator has undertaken— (A) 3 further qualifying entry voyages of the kind required for the certificate but during the hours of darkness; and (B) 3 further qualifying exit voyages of the kind required for the certificate but during the hours of darkness; and (c) the operator would (apart from the certificate of competency and experience requirements) be eligible to be licensed as a pilot. (5) The CE may only issue a special pilotage exemption certificate in respect of a harbor for which there is a port operator on the recommendation of the port operator. (6) If the CE is satisfied that it is impracticable for an applicant for a category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage. (7) The CE may specify in a category 3 pilotage exemption certificate or special pilotage exemption certificate that the certificate is limited to vessels of a lesser length if the CE considers that appropriate in relation to the harbor or section of harbor to which the application for the certificate relates. (8) A category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate operates only in respect of navigation during daylight hours unless it is endorsed for night navigation. (9) A category 1, 2 or 3 pilotage exemption certificate or special pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate (during daylight hours or the hours of darkness) for a period of not less than— (a) in the case of a category 1 certificate—12 months; or (b) in the case of a category 2 or 3 certificate—6 months; or (c) in the case of a special pilotage exemption certificate—6 months. (10) An endorsement for night navigation on a pilotage exemption certificate ceases to be in force if the holder does not navigate a vessel pursuant to the certificate during the hours of darkness for a period of not less than— (a) in the case of a category 1 certificate—12 months; or (b) in the case of a category 2 or 3 certificate—6 months; or (c) in the case of a special pilotage exemption certificate—6 months, (but, to avoid doubt, nothing in this subregulation prevents the holder of the certificate from navigating vessels pursuant to the certificate during daylight hours). 63—Duration and renewal of pilotage exemption certificates (1) Subject to the Act and these regulations, a pilotage exemption certificate remains in force for 2 years and may be renewed, in accordance with any procedure determined by the CE, for successive periods of 2 years. (2) The CE must, on application made in accordance with these regulations, renew a pilotage exemption certificate if satisfied— (a) that the applicant complies with any eyesight and medical standards required for the issue of a pilot's licence; and (b) that the applicant has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force. (3) Despite subregulation (2), the CE may renew a pilotage exemption certificate that has ceased to be in force pursuant to regulation 62(9), or that has expired, if— (a) less than 2 years has elapsed since the certificate ceased to be in force or expired; and (b) subject to this regulation, the CE is satisfied that the applicant has undertaken the following qualifying voyages in the period since the certificate ceased to be in force or expired: (i) if the application relates to a category 1 certificate—the applicant has undertaken, as operator of a vessel over 35 m in length— (A) 1 qualifying entry voyage during daylight hours; and (B) 1 qualifying exit voyage during daylight hours; and (C) if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness; (ii) if the application relates to a category 2 or 3 certificate—the applicant has undertaken, as operator of a vessel of not less than the length appropriate to the category of certificate— (A) if the period since the applicant last navigated a vessel pursuant to the certificate is less than 12 months— • 1 qualifying entry voyage during daylight hours; and • 1 qualifying exit voyage during daylight hours; and • if the application includes an application for an endorsement for night navigation—1 further qualifying entry voyage during the hours of darkness, and 1 further qualifying exit voyage during the hours of darkness; or (B) if the period since the applicant last navigated a vessel pursuant to the certificate is 12 months or more but less than 24 months— • 2 qualifying exit voyages during daylight hours; and • if the application includes an application for an endorsement for night navigation—2 further qualifying entry voyages during the hours of darkness and 2 further qualifying exit voyages during the hours of darkness; or (C) if the period since the applicant last navigated a vessel pursuant to the certificate is 24 months or more— • if the application includes an application for an endorsement for night navigation—3 further qualifying entry voyages during the hours of darkness, and 3 further qualifying exit voyages during the hours of darkness; and (c) the CE is satisfied that the applicant has visited the harbor, or the section of the harbor, in respect of which the application is made and satisfactorily updated their knowledge of the harbor and traffic in the harbor. (4) If the CE is satisfied that it is impracticable for an applicant for renewal of a pilotage exemption certificate to complete a required qualifying entry or exit voyage, the CE may exempt the person from that requirement subject to the condition that the person complete a further specified qualifying entry or exit voyage. 64—Application for pilot's licence or pilotage exemption certificate (1) An application for a pilot's licence, pilotage exemption certificate or renewal of a pilotage exemption certificate— (b) must specify the harbor or the section of the harbor in respect of which the licence or certificate is sought; and (c) in the case of an application for a pilotage exemption certificate or renewal of a pilotage exemption certificate—must specify whether or not the applicant requires endorsement for night navigation; and (d) must be accompanied by the fee (if any) fixed by Schedule 11. (2) An applicant for a pilot's licence or pilotage exemption certificate must provide to the satisfaction of the CE— (a) a reference from a suitable person as to the character of the applicant; and (b) proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and (c) proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and (d) any other information or records that the CE reasonably requires for the purpose of determining the application. (3) An applicant for renewal of a pilotage exemption certificate must provide to the satisfaction of the CE— (a) proof that the applicant meets the required eyesight standards, consisting of a report of a medical practitioner or an optometrist of the results of an optical examination of the applicant conducted within the previous 6 months; and (b) proof that the applicant meets the required medical standards, consisting of a report of a medical practitioner of the results of a medical examination of the applicant conducted within the previous 6 months; and (c) a statement setting out and certifying— (i) the date on which the person last navigated a vessel pursuant to the certificate and giving details of the voyage concerned; and (ii) that the person has navigated a vessel pursuant to the certificate at least as often as is required for the certificate to remain in force; and (d) any other information or records that the CE reasonably requires for the purpose of determining the application. 65—Replacement licences and certificates (1) A replacement pilot's licence or pilotage exemption certificate must not be issued unless the original (or previous duplicate) licence or certificate is returned to the CE or the CE is satisfied that the licence or certificate has been lost, stolen or destroyed. (2) A replacement pilotage exemption certificate will only be issued on payment of the fee (if any) fixed by Schedule 11. 66—Obligations of pilot or master A person who holds a pilot's licence or pilotage exemption certificate must— (a) on receiving the licence or certificate, sign it; and (b) notify the CE as soon as practicable of— (i) any change of their name or address; or (ii) any physical or mental impairment that may affect their ability to navigate a vessel. 67—Records to be kept by holder of pilotage exemption certificate A person who holds a pilotage exemption certificate must keep a record of each occasion on which they navigate a vessel pursuant to the certificate (including the dates of the voyages concerned and the name of the vessel navigated). 68—Compulsory pilotage Section 35 of the Act applies in the following harbors: (a) Port Adelaide; The pilot station is 2 nautical miles south‑west of the channel entrance beacon latitude 34°48.23′ South, longitude 138°20.81′ East. (b) Port Augusta; The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East. (c) Port Bonython; The pilot station is 1.1 nautical miles south‑south‑west of the Port Bonython entrance beacon latitude 33°10.00′ South, longitude 137°39.20′ East. (d) Port Giles; The pilot station is 2.5 nautical miles east of the seaward end of Port Giles Jetty latitude 35°01.4′ South, longitude 137°49.1′ East. (e) Port Lincoln; The pilot station is 1.5 nautical miles east‑south‑east of Boston Point Light latitude 34°39.6′ South, longitude 135°57.85′ East. (f) Port Pirie; The pilot station is 2 nautical miles west of the northern light beacon on Eastern Shoal latitude 33°04.55′ South, longitude 137°45.5′ East. (g) Thevenard; The pilot station is 1 nautical mile south‑west of the entrance beacon latitude 32°12.6′ South, longitude 133°33.7′ East. (h) Wallaroo; The pilot station is 1.5 nautical miles west of the channel entrance beacon latitude 33°54.5′ South, longitude 137°31.6′ East. (i) Whyalla. The pilot station is 1.5 nautical miles south‑east of the entrance beacon latitude 33°03.8′ South, longitude 137°38.8′ East.