2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
check pilot means a check pilot appointed by a pilotage provider in accordance with the Queensland Coastal Pilotage Safety Management Code;
chemical tanker means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in either Chapter 17 of the IBC Code or Chapter VI of the BCH Code, as defined in Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers);
endorsed draught means the draught limit endorsed on a restricted licence in accordance with provision 6.1.2;
gas carrier means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other products listed in either Chapter 19 of the IGC Code or Chapter XIX of the GC Code, as defined in Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers);
Hydrographers Passage pilotage area means the area bounded by a line that progressively joins, on geodesic lines, the following points:
Point
Latitude
Longitude
1
20 39.11 S
149 49.36 E
2
20 35.91 S
150 07.36 E
3
20 28.31 S
150 18.06 E
4
20 02.91 S
150 03.06 E
5
19 54.91 S
150 16.56 E
6
19 39.91 S
150 10.56 E
7
19 50.91 S
150 33.06 E
8
20 01.41 S
150 25.86 E
9
20 06.91 S
150 17.26 E
10
20 19.91 S
150 27.06 E
11
20 32.91 S
150 27.06 E
12
20 41.51 S
150 11.66 E
13
20 54.41 S
150 01.96 E
14
20 39.11 S
149 49.36 E
Manager means the person occupying the position of Manager, Ship Operations and Qualifications, in AMSA, or in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Operations and Qualifications, for that purpose;
Section 2 - Marine Orders - Part 54: Coastal Pilotage, Issue 4 (Order No. 10 of 2006) - Definitions of words and phrases used in this Part | Zoe
month means a calendar month;
oil tanker means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[1]
Queensland Coastal Pilotage Safety Management Code means the Code set out in Appendix 1 to this Part;
satisfactorily, in relation to a program of training, means satisfactorily in the opinion of the person or persons conducting the program;
sea service means service calculated in accordance with Marine Orders, Part 3 (Seagoing Qualifications);
the Great North East Channel pilotage area means the navigable waters between Alert Patches and longitude 143º 24.00´E, including the Great North East Channel, together with that part of Torres Strait to the west of Alert Patches;
the inner route pilotage area means:
(a) the waters bounded by:
(i) the Australian mainland; and
(ii) the outer eastern edge of the Great Barrier Reef;[\[2\]](#_ftn2) and
(iii) the northern boundary of the Great Barrier Reef Region and latitude 10º 41.00´S;[\[3\]](#_ftn3) and
(iv) latitude 1639.91S; together with
(b) Torres Strait, excluding the waters to the north of latitude 10º 28.00´S and east of longitude 142º 39.00´E;
the Navigation Act means the Navigation Act 1912;
the Whitsundays pilotage area means the area bounded by a line that begins at the northernmost point of Cape Gloucester at low water, at about latitude 20 03.94 S, longitude 148 27.51E, and continues progressively:
(a) on geodesic lines to the following points:
Point
Latitude
Longitude
1
19 58.02 S
148 18.60 E
2
19 57.83 S
148 18.53 E
3
19 58.00 S
148 21.68 E
4
19 58.28 S
148 27.05 E
5
19 58.37 S
148 27.40 E
6
19 59.28 S
148 33.62 E
7
20 00.82 S
148 37.48 E
8
20 02.17 S
148 53.07 E
9
20 03.58 S
148 57.92 E
10
20 14.42 S
149 10.47 E
11
20 15.20 S
149 11.15 E
12
20 28.93 S
149 08.03 E
13
20 31.20 S
149 09.07 E
14
20 34.28 S
149 10.50 E
15
20 33.91 S
149 07.06 E
16
20 39.73 S
148 45.82 E
(b) west along parallel of latitude 20 39.73 S to the coastline of the mainland at low water, near Midge Point; and
(c) generally northerly, easterly, south-easterly and north-westerly along the coastline of the mainland at low water to the point where the boundary began.
Torres Strait means the waters in the Torres Strait bounded on the south by the line of latitude 10 41.00 S, on the east by the line of longitude 143 24.00 E, on the north by the line of Australia’s exclusive economic zone, and on the west by:
(a) in relation to a vessel of less than 8 metres draught—the line of longitude 14205.00 E; and
(b) in relation to a vessel of 8 metres or more draught—the line of longitude 14150.00 E;[\[4\]](#_ftn4)
valid, in relation to a licence or restricted licence, means a licence or restricted licence that is current, is not cancelled or under suspension, and that bears the signature of the holder.
3 Interpretation
3.1 In this Part, the position of a meridian of longitude or a parallel of latitude is with reference to the World Geodetic System 1984 (WGS84).
3.2 In this Part:
(a) headings and subheadings are part of the Part;
(b) the Appendices are part of the Part;
(c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
This Part applies to pilots and pilotage in relation to ships in, or in transit to or from, any of the following parts of the Australian Coastal Sea:
(a) Hydrographers Passage pilotage area;
(b) the inner route pilotage area;
(c) the Great North East Channel pilotage area;
(d) the Whitsundays pilotage area.
5 Review of decisions
5.1 Internal review
5.1.1 If the Manager makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.
5.1.2 An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.
5.1.3 The General Manager may:
(a) affirm the original decision by the Manager; or
(b) make any decision that could be made by the Manager in accordance with this Part.
5.1.4 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.
5.2 Review by the AAT
5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager:
(a) under 5.1.3, in relation to an internal review of a decision of the Manager;
(b) to suspend a licence or restricted licence under provision 6.5.13; or
(c) to withdraw a pilotage provider’s Document of Compliance under provision 8.1.5.
5.2.2 The notice of a decision by the General Manager under 5.1.4, provision 6.5.13, or provision 8.1.5 must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.
5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.
6 Licensing of pilots
6.1 Requirement for licence, restricted licence or trainee pilot licence
6.1.1 For the purposes of sections 186C and 186E of the Navigation Act, a person being the holder of a valid:
(a) licence; or
(b) restricted licence; or
(c) trainee pilot licence,
issued or renewed under this Part is qualified to perform the duties of a pilot applicable to that licence or restricted licence, as follows:
kind of licence
pilotage duties permitted
licence, valid for the inner route pilotage area
any ship in the inner route pilotage area
licence, valid for Hydrographers Passage pilotage area
any ship in Hydrographers Passage pilotage area
licence, valid for the Great North East Channel pilotage area
any ship in the Great North East Channel pilotage area
kind of licence (continued)
pilotage duties permitted (continued)
licence, valid for the Whitsundays pilotage area
any ship in the Whitsundays pilotage area
licence, valid for the Whitsundays pilotage area to permit anchoring passenger vessels in passenger vessel tourist areas[5]
any ship in the Whitsundays pilotage area; andanchoring passenger vessels in passenger vessel tourist areas
restricted licence, valid for the inner route pilotage area
any ship except:(a) a loaded oil tanker, chemical tanker or gas carrier; or(b) a ship the draught of which exceeds the endorsed draught,in the inner route pilotage area
restricted licence, valid for Hydrographers Passage pilotage area
any ship, except a loaded oil tanker, chemical tanker or gas carrier, in Hydrographers Passage pilotage area
restricted licence, valid for the Great North East Channel pilotage area
any ship except:(a) a loaded oil tanker, chemical tanker or gas carrier; or(b) a ship the draught of which exceeds the endorsed draught,in the Great North East Channel pilotage area
restricted licence, valid for the Whitsundays pilotage area
any ship, except a loaded oil tanker, chemical tanker or gas carrier, in the Whitsundays pilotage area
trainee pilot licence
training duties only
6.1.2 A restricted licence valid for the inner route pilotage area is to be endorsed with one of the following draught limits:
On initial issue
10.0 metres
After holder has completed 12 transits north of latitude 16 39.91S, with ships of 10 metres draught or less
10.5 metres
After holder has completed a further 6 transits north of latitude 16 39.91S, with ships of 10.5 metres draught or less
11.0 metres
After holder has completed a further 6 transits north of latitude 16 39.91S, with ships of 11 metres draught or less
11.5 metres
6.1.3 A restricted licence valid for the Great North East Channel pilotage area is to be endorsed with one of the following draught limits:
On initial issue
10.0 metres
After holder has completed 12 transits west of Alert Patches, with ships of 10 metres draught or less
10.5 metres
After holder has completed a further 6 transits west of Alert Patches, with ships of 10.5 metres draught or less
11.0 metres
After holder has completed a further 6 transits west of Alert Patches, with ships of 11 metres draught or less
11.5 metres
6.1.4 A transit west of Alert Patches completed for the purpose of 6.1.2 also counts for the purpose of 6.1.3.
6.2 Eligibility for licence, restricted licence or trainee pilot licence
6.2.1 To be eligible for a licence valid for a pilotage area, a person must:
(a) hold a restricted licence valid for that pilotage area;
(b) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness);[\[6\]](#_ftn6) and
(c) have completed:
(i) the number of transits specified in 6.2.6; or
(ii) such other number of transits as is determined by the Manager, having regard to the relevant experience of the applicant.
6.2.2 As an alternative to 6.2.1, a person is eligible for a licence valid for the Whitsundays pilotage area if that person:
(a) holds a licence valid for the inner route pilotage area; and
(b) has completed 2 transits in the Whitsundays pilotage area as an officer on watch, master or pilot observer.
6.2.3 To be eligible for a restricted licence, a person must:
(a) hold a trainee pilot licence;
(b) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness); and
(c) have satisfactorily completed an approved program of training, or training which the Manager considers is equivalent to all or part of the approved training.[\[7\]](#_ftn7)
6.2.4 To be eligible for a trainee pilot licence, a person must:
(a) be entitled to permanent residence in Australia;
(b) hold a valid certificate as Master issued under Marine Orders, Part 3 (Seagoing Qualifications) or Royal Australian Navy qualifications and experience in pilotage, navigation and seamanship that the Manager considers equivalent;
(c) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness);
(d) have completed not less than 36 months sea service as master, navigating officer in charge of a watch, or pilot, on ships 35 metres or over in length while holding a certificate or qualification referred to in (b) above or as a master on ships of 3,000 or more gross tonnage issued in accordance with STCW Regulation II/2:
(i) 18 months of which having been completed during the 5 years immediately prior to the application date; or
(ii) the person producing evidence of training that the Manager considers equivalent to completing 18 months sea service during the 5 years immediately prior to the application date; and
(e) produce evidence of having satisfactorily completed an approved Bridge Resource Management (BRM) Course.
6.2.5 To be eligible to have a licence valid for anchoring passenger vessels in the Whitsundays passenger vessel tourist areas, a person must have satisfactorily completed an approved training program.
6.2.6 For the purposes of 6.2.1(c)(i), the number of transits that must be completed by the holder of a restricted licence to be eligible for a licence is as follows:
For a licence valid for the inner route pilotage area
6 transits of the inner route pilotage area while holding a restricted licence endorsed for 11.5 metres draught, one of which must be an assessment voyage[8] on a ship with a draught of 11.0 metres or more with a check pilot
For a licence valid for Hydrographers Passage pilotage area
20 transits of Hydrographers Passage pilotage area
For a licence valid for the Great North East Channel pilotage area
6 transits of Torres Strait west of Alert Patches while holding a restricted licence endorsed for 11.5 metres draught, one of which must be an assessment voyage8 on a ship with a draught of 11.0 metres or more with a check pilot; and2 transits of the Great North East Channel pilotage area
For a licence valid for the Whitsundays pilotage area
2 transits of the Whitsundays pilotage area
6.3 Duration and renewal of licences and restricted licences
6.3.1 A licence or restricted licence remains current for an initial term of 2 years.
6.3.2 A licence or restricted licence may be renewed for periods of up to 2 years if the holder:
(a) produces evidence that he or she has satisfactorily completed an approved course for professional development within four years of making application;[\[9\]](#_ftn9)
(b) holds a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness); and
(c) complies with the relevant requirements of 6.3.3.
6.3.3 The holder of a licence or restricted licence:
(a) valid for Hydrographers Passage pilotage area—is eligible to have that licence or restricted licence renewed for that route if the holder has performed the duties of pilot on a minimum of 8 transits in the pilotage area during the 24 months preceding renewal, of which:
(b) valid for the inner route pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot on a minimum of 8 transits north of latitude 16 39.91 S during the 24 months preceding renewal, of which:
(c) valid for the Great North East Channel pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot on a minimum of 4 transits in the pilotage area during the 24 months preceding renewal, of which:
(ii) at least 2 must have been during the twelve months preceding renewal;
(d) valid for the Whitsundays pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot in the Whitsundays pilotage area during the 24 months preceding renewal;
(e) valid for anchoring passenger vessels in the Whitsundays passenger vessel tourist areas—is eligible to have that licence renewed if the holder of the licence has performed the duties of pilot anchoring passenger vessels in passenger vessel tourist areas as described in the approved training program during the 24 months preceding renewal.
6.3.4 If the Manager is satisfied that circumstances exist in which it would be unreasonable or impracticable for a person to meet the requirements of 6.3.3, the Manager may renew that person's licence or restricted licence:
(a) for such period as the Manager determines; or
(b) for a specified number of transits in one or more specified pilotage areas; or
(c) following completion of a specified number of transits in specified pilotage areas as an observer.
6.4 Issue of licences, restricted licences and trainee pilot licences
6.4.1 Application for the issue or renewal of a licence, restricted licence or trainee pilot licence must be made in an approved form and accompanied by such evidence of relevant service, certificates, licences or restricted licences held or other documents as the Manager considers necessary.
6.4.2 If the Manager is satisfied that an applicant has met the requirements specified in this Part for the issue or renewal of a licence, restricted licence or trainee pilot licence, the Manager will issue or renew the relevant kind of licence as the case requires.
6.4.3 If a person is eligible for licences or restricted licences valid for two or more routes, the Manager may issue a licence or restricted licence valid for both or all of those routes, as appropriate.
6.4.4 The Manager may require a person who is eligible for the issue of a licence or restricted licence to surrender any licence or restricted licence held by the person which entitles the person to perform duties permitted by the licence or restricted licence to be issued.
6.4.5 When an applicant is eligible for the issue or renewal or of a licence or restricted licence, the Manager may issue an interim document pending the issue or renewal of the licence or restricted licence.
6.4.6 Subject to 6.4.7, an interim document is deemed, until its expiry, equivalent to the licence or restricted licence to which it refers.
6.4.7 An interim document is valid for 6 months or until it is required to be surrendered, whichever is the earlier.
6.4.8 The person to whom an interim document has been issued must surrender it to the Manager:
(a) within 14 days of the issue, renewal, cancellation or suspension of the licence or restricted licence to which it refers; or
(b) when so required by the Manager.
6.5 Cancellation, suspension or variation of licences and restricted licences
6.5.1 If, in relation to a licence or restricted licence, the Manager determines that:
(a) the holder has demonstrated incompetence or misconduct relating to the performance of his or her duties as a pilot; or
(b) the holder is unable from any cause to perform properly the duties appropriate to the licence or restricted licence; or
(c) the licence or restricted licence was obtained by reason of a false representation,
the Manager may:
(d) cancel the licence or restricted licence; or
(e) suspend the licence or restricted licence until specified conditions are met; or
(f) impose restrictions on the purposes for which the licence or restricted licence is valid for use until specified conditions are met.
6.5.2 Examples of the conditions that the Manager might specify under 6.5.1(e) or (f) are:
(a) successful completion of a particular course;
(b) passing an oral examination in appropriate operational knowledge;
(c) completion of additional transits as observer;
(d) undertaking one or more voyages with a check pilot;[\[10\]](#_ftn10)
(e) production of references.
6.5.3 Examples of restrictions that the Manager might impose under 6.5.1(f) are:
(a) restriction on draught of ship;
(b) restriction on type of ship;
(c) restriction on area of operation.
6.5.4 The Manager must not suspend or cancel a licence or restricted licence under 6.5.1 until the following steps have been completed:
(a) the Manager considers that there are prima facie grounds for believing that one or more of the circumstances listed in 6.5.1 exist in relation to the licence or restricted licence;
(b) the holder has been informed that action against his or her licence or restricted licence is contemplated, and the reason why;
(c) the holder has been provided with copies of any documents which the Manager will be using to make his or her decision;
(d) the holder has been allowed sufficient time, which must not be less than 28 days, during which he or she may make submissions, which need not be in writing, in relation to the decision;
(e) the Manager has given proper consideration to submissions made by the holder.
6.5.5 If a decision has been made to cancel or suspend a licence or restricted licence, the Manager must cause to be given to the holder notice in writing of:
(a) the decision;
(b) the right of review contained in provision 5; and
(c) the date on which the cancellation or suspension is to take effect.
6.5.6 The Manager may cancel at any time a licence or restricted licence that has been unlawfully altered by any kind of addition, interpolation or erasure and may cause such further action to be taken, including action for the issue of a replacement licence or restricted licence, as the circumstances of the case require.
6.5.7 The Manager may cancel at any time a licence or restricted licence that has been forged.
6.5.8 The holder of a licence or restricted licence that has been cancelled or suspended must surrender it to the Manager within 14 days of that cancellation or suspension.
6.5.9 Subject to any conditions attached to the suspension, a suspended licence or restricted licence must be returned to the holder upon the expiration of the period of suspension.
6.5.10 The Manager may refuse to issue a licence or restricted licence to a person whose licence has been cancelled or is under suspension.
6.5.11 The Manager may cancel a licence or restricted licence that contains factual errors and issue a correct licence or restricted licence in its place.
6.5.12 If a ship under pilotage is involved in a grounding, or collides with another ship
or any other object, the Manager must, as soon as practical after being advised of the grounding or collision, suspend for a period not exceeding seven days the licence or restricted licence of the pilot having conduct of the vessel.[11]
6.5.13 If a ship under pilotage is involved in a grounding, or collides with another ship or any other object, and the General Manager is satisfied that it is in the interests of safety or the protection of the marine environment that the licence or restricted licence of the pilot having conduct of the vessel be suspended pending:
(a) a decision on whether action should be taken under 6.5.1; or
(b) the completion of the procedures specified in 6.5.4,
the General Manager may suspend the licence or restricted licence of the pilot for such period not exceeding six months as is reasonably necessary for a decision to be taken under 6.5.1 or the completion of the procedures specified in 6.5.4.
6.6 Replacement of licences, restricted licences and trainee pilot licences
6.6.1 The Manager, if satisfied that a licence, restricted licence or trainee pilot licence has been lost, damaged or destroyed, may issue a replacement licence.
6.6.2 When a lost licence, referred to in 6.6.1 has been recovered and returned to the holder, the holder must return the recovered licence to the Manager within 14 days.
A pilot must carry out his or her duties in accordance with the Queensland Coastal Pilotage Safety Management Code.
7.2 Reporting of deficiencies
7.2.1 If a pilot, during the course of his or her duty, becomes aware of a deficiency relating to a ship that renders, or has the potential to render, the ship unseaworthy, he or she must report the deficiency to an AMSA surveyor as soon as practicable.
7.2.2 Failure on the part of a pilot to comply with 7.2.1 is deemed to constitute misconduct for the purposes of provision 6.5.1.
7.3 Reporting to REEFVTS
7.3.1 The pilot of a ship to which Marine Orders, Part 56 (REEFREP) applies must make a report to REEFVTS[12] in respect of a ship:
(a) within 15 minutes of embarking the ship; and
(b) within 15 minutes prior to disembarking from the ship,
or as soon thereafter as it is safe to do so.
7.3.2 The following information must be provided in the report:
(a) ship name, call sign and IMO number;
(b) name of mandatory reporting point,[\[13\]](#_ftn13) pilot boarding ground or position (latitude and longitude);
(c) name and licence number of pilot, including such details for any second pilot, check pilot or trainee pilot;
(d) time pilot embarked or is to disembark;
(e) time pilot is to commence or is to cease pilotage duties if different from (d).
8 Duties of pilotage providers
8.1 Document of Compliance
8.1.1 A person must not act as a pilotage provider unless that person is the holder of a valid Document of Compliance.
8.1.2 If satisfied that a person has in place systems and procedures that conform to the Queensland Coastal Pilotage Safety Management Code, the Manager will issue to that person a Document of Compliance.
8.1.3 Subject to 8.1.4 and 8.1.5, a Document of Compliance remains valid for a period of 5 years, or if the circumstances warrant such lesser period as determined by the Manager, and, subject to satisfactory completion of a compliance audit within three months before the expiry date of the Document of Compliance, may be renewed for a further period of five years.
8.1.4 The continued validity of a Document of Compliance is subject to satisfactory completion of:
(a) an annual verification audit within three months before or after the anniversary date of the Document of Compliance; and
(b) such additional audits determined by the Manager to be warranted in the interests of safety or protection of the marine environment.
8.1.5 If the systems and procedures of a pilotage provider fail to conform in a major respect with the Queensland Coastal Pilotage Safety Management Code, the General Manager may withdraw that pilotage provider’s Document of Compliance.
A pilotage provider must operate in accordance with the Queensland Coastal Pilotage Safety Management Code.
8.3 Pilotage provider to report supply of pilots for Torres Strait pilotage area
If a pilotage provider intends to provide a pilot for a transit of Torres Strait, the pilotage provider must give the Manager the following information at least 48 hours prior to the intended embarkation:
(a) name of pilot (if known);
(b) booking number;
(c) ship name, call sign and IMO number;
(d) name of pilot boarding ground or position (latitude and longitude) where the pilot will embark; and
(e) estimated time of embarkation.
9 Torres Strait to be a compulsory pilotage area
For the purposes of Division 2 of Part IIIA of the Navigation Act, the Torres Strait is a compulsory pilotage area.