NORTHERN TERRITORY OF AUSTRALIA
MARINE (AIR-CUSHIONED VEHICLES) REGULATIONS 1994
As in force at 1 August 2019
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Application of Part 4 of Act .............................................................. 1
5 Exemptions ...................................................................................... 2
Part 3 Design and construction
8 Design ............................................................................................. 2
9 Buoyancy and hydrostatic stability................................................... 2
10 Dynamic stability.............................................................................. 2
11 Structural strength ........................................................................... 2
12 Strength of materials ....................................................................... 3
13 Engineering requirements for certain equipment ............................. 3
14 Structural fire protection .................................................................. 3
15 Passenger and crew accommodation compartment ........................ 4
16 Safety equipment............................................................................. 4
Part 4 Inspection and testing
17 Construction and installation............................................................ 4
18 Tests and trials ................................................................................ 5
Part 5 General
19 Securing, anchoring and mooring .................................................... 5
20 Director to maintain codes ............................................................... 5
21 Fees ................................................................................................ 5
22 Offences .......................................................................................... 5
23 Savings and transitional .................................................................. 6
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 August 2019
MARINE (AIR-CUSHIONED VEHICLES) REGULATIONS 1994
Regulations under the Marine Act 1981
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Marine (Air-Cushioned
Vehicles) Regulations 1994.
2 Commencement
These Regulations shall come into operation on 1 November 1994.
3 Definitions
In these Regulations, unless the contrary intention appears:
approved means approved by the Director.
construct includes alter.
designer means the person or organisation responsible for the
accuracy of data and drawings and specifications submitted for the
approval of an air-cushioned vehicle.
item means an item of the Schedule.
manufacturer means the person or organisation responsible for
the standards and procedures adopted during construction or
alteration of an air-cushioned vehicle.
Volume 1 means the publication entitled "Standard Relating to
Design, Construction and Operational Safety of Dynamically
Supported Craft in Canada. Vol. 1. Air-Cushion Vehicles",
December 1985, Revision 1.
4 Application of Part 4 of Act
(1) Part 4 of the Act applies to and in relation to the class of
air-cushioned vehicles to which these Regulations apply.
Part 3 Design and construction
Marine (Air-Cushioned Vehicles) Regulations 1994 2
(2) These Regulations apply to all air-cushioned vehicles operated in
the Territory.
5 Exemptions
The Minister may, by notice in writing, exempt an air-cushioned
vehicle from a requirement of these Regulations:
(a) where the action to be taken or the provision to be made as
regards the subject matter of the requirement is at least as
effective as is actual compliance with the requirement; or
(b) where the specified requirement would cause undue hardship
but where there will be substantial compliance with the
general requirement to the extent that the prime
considerations of safety of persons on board or any other
person would not be impaired.
Part 3 Design and construction
8 Design
(1) The design of an air-cushioned vehicle shall be consistent with the
intended operating limitations applicable in relation to the vehicle.
(2) The design specification shall conform to the provisions of item 3.
9 Buoyancy and hydrostatic stability
(1) The buoyancy and hydrostatic stability of an air-cushioned vehicle
(including the general subdivision and watertight integrity of the
vehicle) shall conform to the provisions of item 4.
(2) The provisions applicable in relation to buoyancy shall be taken
together with the provisions relating to design, dynamic stability,
structural strength and operational documentation.
10 Dynamic stability
The dynamic stability of an air-cushioned vehicle shall be
considered at the design stage of the vehicle in accordance with
item 5.
11 Structural strength
(1) The structural strength of an air-cushioned vehicle shall be
calculated in accordance with the provisions of item 6 unless an
alternative analysis demonstrating equivalent values for the
structure of the vehicle is approved.
Part 3 Design and construction
Marine (Air-Cushioned Vehicles) Regulations 1994 3
(2) Load factors and inertia forces to be used in calculating structural
strength shall be those applicable under the relevant standard
applied under subregulation (1).
12 Strength of materials
(1) The material to be used for the rigid structure of an air-cushioned
vehicle shall be of sufficient strength for the purpose for which the
member or article in question is to be used.
(2) Where fibre reinforced plastics or composite materials are proposed
to be used in the construction of an air-cushioned vehicle, data
submitted with the application for survey shall include the
manufacturer's recommendations and test results obtained in
accordance with the appropriate Australian Standard that
corresponds with subsection 5K of the Uniform Shipping Laws
Code.
(3) Material used in the construction of the flexible structure of an
air-cushioned vehicle shall conform to the provisions in item 7.
13 Engineering requirements for certain equipment
(1) The engineering requirements applicable in relation to the main and
auxiliary machinery of an air-cushioned vehicle are set out in
item 8.
(2) Fans installed for lift or propulsion in an air-cushioned vehicle shall
be designed and tested in accordance with the provision of item 9.
(3) Propellers of an air-cushioned vehicle shall be installed and tested
and manufacturer's data is to be presented in accordance with the
provisions of item 10.
(4) Transmission components of an air-cushioned vehicle shall
conform to the provisions in item 11.
(5) Bilge system of an air-cushioned vehicle shall conform to the
provisions in item 12.
(6) Fuel systems of an air-cushioned vehicle, including fuel tanks, shall
conform to the provisions in item 13.
(7) Electrical installation of an air-cushioned vehicle shall conform to
the provisions in item 14.
14 Structural fire protection
(1) The structural fire protection system of an air-cushioned vehicle
shall conform to the provisions in item 15.
Part 4 Inspection and testing
Marine (Air-Cushioned Vehicles) Regulations 1994 4
(2) Notwithstanding subregulation (1), where evacuation from the
passenger area to an open deck is not provided for, a machinery
space fire detection and smothering system shall be installed.
15 Passenger and crew accommodation compartment
(1) The design of the passenger and crew accommodation
compartments of an air-cushioned vehicle shall conform to the
provisions in item 16.
(2) Crew stations and control arrangements of an air-cushioned vehicle
shall conform to the provisions in item 17.
16 Safety equipment
(1) An air-cushioned vehicle shall carry or be fitted with:
(a) life saving equipment in accordance with the provisions in
item 18;
(b) fire appliances in accordance with the provisions in item 19;
(c) radio equipment in accordance with the provisions in item 20;
(d) miscellaneous equipment in accordance with the provisions in
item 21;
(e) navigation lights in accordance with the provisions in item 22;
(f) for an air-cushioned vehicle that is a class 1B, 1C, 2B, 2C, 3B
or 3C vessel – an approved Emergency Position Indicating
Radio Beacon having an operation frequency of 406 MHz.
(2) For the purposes of subregulation (1)(f), approved means
approved by:
(a) the Director; or
(b) the Australian Maritime Safety Authority established by the
Australian Maritime Safety Authority Act 1990 of the
Commonwealth.
Part 4 Inspection and testing
17 Construction and installation
The construction of an air-cushioned vehicle shall be in accordance
with the provisions in item 23.
Part 5 General
Marine (Air-Cushioned Vehicles) Regulations 1994 5
18 Tests and trials
(1) Functional tests of an air-cushioned vehicle shall be conducted in
accordance with the provisions in item 24.
(2) Operational trials for the purposes of the approval of an
air-cushioned vehicle shall be in accordance with provisions in
item 25.
Part 5 General
19 Securing, anchoring and mooring
The arrangements for the securing, anchoring and mooring of an
air-cushioned vehicle shall be in accordance with the provisions in
item 21.
20 Director to maintain codes
The Director:
(a) shall cause a copy of every code or standard referred to in
these Regulations to be available for inspection by members
of the public at the office of the Director during normal office
hours; and
(b) may cause copies of every code or standard referred to in
these Regulations to be available for purchase by members of
the public on payment of such charge as the Minister
determines.
21 Fees
The fees payable in relation to any matter or thing under a Marine
order made under section 163 of the Marine Safety National Law
are payable in relation to the corresponding matter or thing under
these Regulations.
22 Offences
(1) A person must not operate an air-cushioned vehicle if the design,
construction and operation of the vehicle does not conform to the
provisions of these Regulations.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Part 5 General
Marine (Air-Cushioned Vehicles) Regulations 1994 6
23 Savings and transitional
(1) Notwithstanding anything in these Regulations, but subject to
subregulation (2), nothing in Part 3 or 4 of these Regulations
applies to or in relation to:
(a) an air-cushioned vehicle that was operating in the Territory at
the commencement of these Regulations or was constructed
in the Territory before that commencement; or
(b) an air-cushioned vehicle the drawings and specifications
relating to which were submitted for approval under a law of a
State or Territory of the Commonwealth that corresponds to
these Regulations before the commencement of these
Regulations but the construction of which was not completed
before that commencement.
(2) Where the Minister is satisfied that:
(a) the drawings and specifications relating to the construction of
an air-cushioned vehicle were submitted for an approval
referred to in subregulation (1)(b) before the commencement
of these Regulations but the construction of the air-cushioned
vehicle was not completed at that commencement; and
(b) compliance with a specified requirement of these Regulations
or a standard referred to in these Regulations would cause
undue hardship but there will be substantial compliance with
the specified requirement to the extent that the prime
considerations of safety of persons on the air-cushioned
vehicle or any other person will not be impaired,
the Minister may exempt the air-cushioned vehicle from any of the
requirements of these Regulations or any standard referred to in
these Regulations.
Schedule
Marine (Air-Cushioned Vehicles) Regulations 1994 7
Schedule
regulation 3
3 Design specification: Volume 1, Chapter 2, Design – General. To be
consistent with operating limitations and shall include data sheet as in
Volume 1 Division 6 Appendix 1.
4 Buoyancy: Volume 1, Chapter 3 – Buoyancy, Subdivision and
Hydrostatic Stability.
5 Dynamic Stability and control: Volume 1, Chapter 4 – Dynamic
Stability and Control (including appendix to chapter 4).
6 Structural Strength: Volume 1, Chapter 5 – Structural Strength.
7 Materials for flexible structure: Volume 1, Chapter 6, Sections 605
and 606.
8 Engineering requirements for main and auxiliary machinery: Uniform
Shipping Law Code, Section 9.
9 Fans for lift or propulsion: Volume 1, Chapter 7, Sections 740 to 746.
10 Propellers: Volume 1, Chapter 7, sections 760 to 766.
11 Transmission components: Volume 1, Chapter 1, sections 780 to 787.
12 Bilge systems: Volume 1, Chapter 9, sections 950 to 959.
13 Fuel systems including fuel tanks: Uniform Shipping Law Code,
section 9.
14 Electrical installation: Uniform Shipping Law Code, section 9.
15 Structural fire protection: Uniform Shipping Law Code, section 5,
subsection F.
16 Design of passenger and crew accommodation compartments
Volume 1, Chapter 11 – Compartment Design.
17 Crew stations and control arrangements: Volume 1, Chapter 12,
Control Stations, Monitoring and Alarms.
18 Life saving equipment: Uniform Shipping Law Code, section 10.
19 Fire appliances: Uniform Shipping Law Code, section 11.
20. Radio equipment: Uniform Shipping Law Code, section 12.
Schedule
Marine (Air-Cushioned Vehicles) Regulations 1994 8
21 Miscellaneous equipment: Uniform Shipping Law Code, section 13;
Securing, Anchoring and Mooring arrangements shall be in accordance
with Volume 1 Chapter 13.
22 Navigation lights: Volume 1, Chapter 14, sections 1470 to 1477.
23 Construction and installation: Volume 1, Division 3, Chapter 1 and
Chapter 2, sections 3200, 3201, 3206 and Chapter 3.
24 Functional tests: Volume 1, Division 4, Part A and Part B.
25 Operational trials: Volume 1, Division 4, Part C and Part D.
ENDNOTES
Marine (Air-Cushioned Vehicles) Regulations 1994 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Marine (Air-Cushioned Vehicles) Regulations (SL No. 39, 1994)
Notified 1 November 1994
Commenced 1 November 1994 (r 2)
Amendments of Marine (Air-Cushioned Vehicles) Regulations (SL No. 4, 2001)
Notified 2 April 2001
Commenced 2 April 2001
Statute Law Revision Act 2003 (Act No. 12, 2003)
Assent date 18 March 2003
Commenced 18 March 2003
Marine Amendment Regulations 2007 (SL No. 38, 2007)
Notified 19 December 2007
Commenced 1 February 2009 (r 2)
Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act 2013
(Act No. 11, 2013)
Assent date 29 May 2013
Commenced 1 July 2013 (Gaz S24, 25 June 2013)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Transport Legislation Amendment Regulations 2019 (SL No. 11, 2019)
Notified 1 July 2019
Commenced 1 August 2019 (r 2)
ENDNOTES
Marine (Air-Cushioned Vehicles) Regulations 1994 10
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1.
4 LIST OF AMENDMENTS
r 4 amd Act No. 11, 2013, s 66
pt 2 hdg rep Act No. 11, 2013, s 66
rr 6 – 7 rep Act No. 11, 2013, s 66
r 12 amd Act No. 11, 2013, s 66
r 16 amd No. 4, 2001, r 1; No. 38, 2007, r 4
r 20 amd Act No. 12, 2003, s 19
r 21 amd Act No. 11, 2013, s 66
r 22 amd No. 4, 2001, r 2; Act No. 23, 2013, s 4
sub No. 11, 2019, r 6
sch amd Act No. 11, 2013, s 66