Marine Orders Part 54, Issue 5

2 Commencement

This Order commences on 1 July 2011.

3 Repeal of Marine Orders Part 54, issue 4

Marine Orders Part 54, issue 4 is repealed.

4 Purpose

This Part:

(a) makes provision for pilotage provider operations;

(b) makes provision for licensed pilots and the performance of pilot duties;

(c) designates the Torres Strait as a compulsory pilotage area;

(d) prescribes required information for application for an exemption from the requirement to navigate with a pilot.

5 Power

5.1 Division 1 of Part IIIA of the Act provides for the regulations to provide for the operations of pilotage providers.

5.2 Division 1 of Part IIIA of the Act also provides for the regulations to provide for the licensing of pilots, the qualifications of pilots and the manner in which they carry out their duties.

5.3 Section 186H of the Act provides for the regulations to specify waters that are compulsory pilotage areas for Division 2 of Part IIIA.

5.4 Subsection 186K(2) of the Act provides that an application for an exemption from the requirement to navigate with a pilot must contain the prescribed information.

5.5 Subsection 425(1) of the Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

5.6 Subsection 425(1AA) of the Act provides for the making of orders about matters that can be made by the regulations.

6 Definitions

accident

means an unplanned event, during the course of a pilotage, in which a ship, ship, vessel, person or the built or natural environment suffers injury or damage.

Act

means the

Navigation Act 1912

amend

, for a licence, includes the following:

amend an existing licence condition;

impose a new licence condition;

(c)

remove an existing licence condition.

AMSA

means the Australian Maritime Safety Authority.

AMSA Act

means the

Australian Maritime Safety Authority Act 1990

approved auditor

— see provision 24.

approved fatigue risk management plan

means a plan approved under provision 59.

Certificate of Medical Fitness

— see Marine Orders, Part 9 (Health

— Medical Fitness), provision 2, meaning of

Certificate of Medical Fitness

check pilot

means a licensee who holds a check pilot licence.

check pilot licence

— see provision 66.

chemical tanker

means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in 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).

competency assessment

means a process of checking the competency of a pilot using an approved bridge simulator.

compliance audit

, for a pilotage provider, means an audit conducted under Subdivision

2.4 by or for AMSA to establish whether the pilotage provider complies with this Part, including the requirements for a fatigue risk management system and a safety management plan.

cruise ship anchorage

means:

for the Whitsundays Plan of Management 1998

— an anchorage specified in

the Great Barrier Reef Marine Park Regulations 1983; and

(b) for a cruise ship anchorage in the Great Barrier Reef Marine Park — see the Great Barrier Reef Marine Park Regulations 1983, regulation 3.

Note Designated anchorage means a point or an area described in the Great Barrier Reef Marine Park Regulations 1983, Schedule 1.

designated person

— see provision 45.

disciplinary action

:

for disciplinary action against a pilotage provider

— see provision 29; and

for disciplinary action against a licensed pilot

— see provision 89.

draught

means the draught taken when a ship is stopped in water and not making way.

fatigue risk management plan

means:

(a) if a fatigue risk management plan is approved under provision 59 — the approved fatigue risk management plan; or

(b) in any other case — the fatigue risk management plan published by AMSA under provision 58.

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 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).

Great North East Channel

means the area bounded by a line that progressively joins, on geodesic lines, the following points:

Hydrographers Passage

means the area defined as the Hydrographers Passage under the Great Barrier Reef Marine Park Regulation 1983, regulation 118 (3).

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; and

(iii) the northern boundary of the Great Barrier Reef Region that is latitude 10º 41.00´S; and

(iv) latitude 1639.91S; and

(b) the Torres Strait, excluding the waters north of latitude 10º 28.00´S and east of longitude 142º 39.00´E.

Note 1 For subpar (a) (ii), the outer eastern edge of the Great Barrier Reef is depicted on official nautical charts produced by the Australian Hydrographic Service.

Note 2 For subpar (a) (iii), the Great Barrier Reef Region is defined in the Great Barrier Reef Marine Park Act 1975.

internal audit

means an examination of the measures and procedures of a pilotage provider carried out by or for the pilotage provider to verify if the measures and procedures mentioned in this Part have been implemented correctly.

leave

means a period when a pilot is not involved in pilotage duties and is not on call or roster for an agreed time.

licensee

, for a pilot licence

— see provision 70.

oil tanker

means a ship constructed and used for the carriage in bulk of petroleum and petroleum products.

passage plan model

means the model for detailed passage plans for pilotages in the Great Barrier Reef and Torres Strait approved by AMSA for provision

Note: Passage plan models for the Great Barrier Reef and Torres Strait are available on the AMSA website.

penal provision means a penal provision for the Navigation (Orders) Regulations 1980, regulation 4.

Note Navigation (Orders) Regulations 1980, r 4 (1), states:

Note: (1) A person commits an offence if the person does not comply with a provision of an order that is made under subsection 425 (1AA) of the Act and that is expressed to be a penal provision.

Note: Penalty: 50 penalty units.

Note: (2) An offence against subregulation (1) is an offence of strict liability.

Note For strict liability, see section 6.1 of the Criminal Code.

means each of the areas mentioned in provision

pilot launch

means a vessel that is transferring a pilot to or from a ship for the purpose of pilotage.

pilot licence

— see provision 65.

pilotage provider licence

means a licence issued to a person to conduct business as a pilotage provider under Division 2.

pilot transfer standards

means the standards mentioned in Schedule 1 for the transfer of pilots to a ship for transit through a pilotage area.

REEFREP

means the reporting system provided for in Marine Orders Part 56 (REEFREP).

REEFREP area — see Marine Orders Part 56 (REEFREP), provision 2, definition of REEFREP area.

REEFVTS

— see Marine Orders Part 56 (REEFREP), provision 2, definition of REEFVTS.

restricted pilot licence

— see provision 68.

safety management system

— see provision 60.

State

includes the Northern Territory.

Torres Strait

means the waters bounded:

on the south by latitude 10 41.00 S; and

on the east:

(i) for a ship moving eastward — by longitude 143 22.00 E; or

(ii) for any other ship — by longitude 143 24.00 E; and

(c) on the north by the line of Australia’s exclusive economic zone; and

(d) on the west:

(i) for a ship of less than 8 m draught moving eastward — by longitude 142 05.00 E; or

(ii) for a ship of 8 m draught or more moving eastward — by longitude 141 50.00 E; or

(iii) for a ship moving westward — by longitude 141 51.70 E.

trainee pilot licence — see provision 69.

unrestricted pilot licence — see provision 67.

Whitsundays pilotage area

means the area defined as the Whitsundays compulsory pilotage area by the Great Barrier Reef Marine Park Regulation 1983, regulation 118 (4).

Note Terms used in this Part have the same meaning that they have in the Act. For example, the following terms are defined in the Act:

Note: Australian coastal sea

Note: licensed pilot

Note: pilot

Note: pilotage provider

Note: ship.

7 Interpretation

In this Part, the position of a meridian of longitude or a parallel of latitude is with reference to the World Geodetic System 1984.

8 Application — Act, s 186H (1)

This Part applies to pilots and pilotage of ships in, or in transit to or from, any of the following parts of the Australian coastal sea:

(a) the Great North East Channel pilotage area;

(b) Hydrographers Passage pilotage area;

(c) the inner route pilotage area;

(d) the Whitsundays compulsory pilotage area.

Note Pr 113 prescribes the Torres Strait which incorporates the Great North East Channel to be a compulsory pilotage area. The Great Barrier Reef Marine Park Regulations 1983 prescribe the Hydrographers Passage, the inner route and the Whitsundays compulsory pilotage area to be compulsory pilotage areas for the Great Barrier Reef Marine Park Act 1975 — see Great Barrier Reef Marine Park Regulation 1983, r 118.

Division 2 Pilotage providers

Subdivision 2.1 Penal provision

9 Unlicensed pilotage provider

A person who conducts business as a pilotage provider must hold a pilotage provider licence issued under this Division.

This is a penal provision.

Subdivision 2.2 Application and decision

10 Application

10.1 A person (the applicant) may apply to AMSA for a pilotage provider licence.

Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338.

10.2 The application must:

(b) include the applicant’s proposed safety management system.

Note 1 Safety management system requirements are set out in Division 6.

Note 2 If a form is approved for an application, the approved form must be used — see pr 119.

10.3 AMSA may, in writing, require the applicant to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

10.4 If AMSA requires additional information or documents of an applicant under provision 10.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

10.5 AMSA must, not later than 1 month after AMSA receives the application, undertake a compliance audit of the applicant under provision 23.

10.6 If the applicant does not comply with a requirement under Subdivision 2.4, AMSA must refuse to consider the application.

11 Decision on application

11.1 This provision applies if AMSA receives an application for a pilotage provider licence under provision 10.

11.2 AMSA must, not later than 3 months after AMSA receives the application:

11.3 AMSA must:

(a) issue the licence; or

(b) refuse to issue the licence.

Note A decision under this provision is a reviewable decision (see pr 115).

11.4 If AMSA does not issue a pilotage provider licence to the applicant within 3 months after receiving the application, AMSA is taken to have refused to issue the licence.

11.5 AMSA may issue a pilotage provider licence to the applicant only if AMSA is satisfied that:

(a) the compliance audit undertaken under Subdivision 2.4 for the application shows the systems established for the purpose of becoming a pilotage provider by the applicant comply with this Part; and

(b) the applicant can comply with the Act.

11.6 Provision 11.5 does not limit the matters AMSA may consider in making a decision under this provision.

11.7 When AMSA issues a pilotage provider licence to the applicant under this provision, it is taken to have approved the applicant’s proposed safety management system.

12 Form of licence

12.1 A licence issued under provision 11 must:

(b) state the following:

(i) the name of the pilotage provider;

(ii) the pilotage provider’s ABN;

(iii) if the pilotage provider is a corporation — the pilotage provider’s ACN;

(iv) the address of the principal place of business for the pilotage provider;

(v) when the licence comes into force;

(vi) when the licence expires;

(vii) the conditions on the licence imposed by AMSA under provision 13.2.

12.2 AMSA may include anything else in the licence AMSA considers relevant.

13 Licence conditions

13.1 A pilotage provider licence is subject to the condition that the provider comply with the Act.

Note Division 4 sets out specific conditions for all pilotage provider licences.

13.2 A licence is also subject to any other condition imposed by AMSA when the licence is issued, renewed or amended.

14 Licence term

14.1 A pilotage provider licence comes into force on the day it is issued.

14.2 A pilotage provider licence expires:

(a) 5 years after the day when the licence is issued; or

(b) if AMSA determines an earlier expiry day — on that day.

Subdivision 2.3 Amendment, annual review, renewal, etc

15 Amendment initiated by AMSA

15.1 AMSA may, by written notice (an amendment notice) given to a person holding a pilotage provider licence, amend the licence.

15.2 However, AMSA may amend the pilotage provider licence only if:

(a) AMSA has given the pilotage provider written notice (a proposal notice) of the proposed amendment; and

(b) the proposal notice states that written comments on the proposal may be made to AMSA before the end of a stated period of at least 1 month after the proposal notice is given to the provider; and

(c) after the end of the stated period, AMSA has considered any comments made in accordance with the notice.

15.3 Provision 15.2 does not apply if the pilotage provider applied for, or agreed in writing to, the amendment.

15.4 AMSA may undertake a compliance audit under provision 23 for the purpose of making a decision under this provision.

15.5 The amendment takes effect on the day the amendment notice is given to the pilotage provider or a later day stated in the notice.

16 Amendment initiated by provider

16.1 The holder of a pilotage provider licence may apply to AMSA to amend the licence.

Note 1 A fee may be determined for this provision — see the AMSA Act, s 47.

Note 2 amend includes amend, impose or remove a licence condition — see pr 6.

16.2 An application under this provision must:

(b) state the way the licence is proposed to be amended.

16.3 AMSA may, in writing, require the provider to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

16.4 AMSA may undertake a compliance audit under provision 23 on receipt of an application under this provision.

16.5 If AMSA requires additional information or documents of an applicant under provision 16.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

16.6 If the provider does not comply with a requirement under Subdivision 2.4, AMSA must refuse to consider the application.

16.7 AMSA must, not later than 1 month after AMSA receives the application:

(a) decide the application for amendment; and

16.8 AMSA must:

(a) amend the licence; or

(b) refuse to amend the licence.

16.9 If AMSA does not amend the licence within 1 month after receiving the application, AMSA is taken to have refused to amend the licence.

17 Annual review

17.1 This provision applies if:

(a) a pilotage provider licence is issued for a term longer than 12 months; and

(b) the licence is otherwise in force.

17.2 The pilotage provider must apply, in writing, to AMSA for annual review of the pilotage provider licence no later than 3 months before the anniversary of the day the licence was issued.

17.3 AMSA may undertake a compliance audit under provision 23 on receipt of an application under this provision.

17.4 If the pilotage provider does not apply for annual review in accordance with provision 17.2, the licence is suspended from the anniversary date.

17.5 If a pilotage provider’s licence is suspended under provision 17.4, the pilotage provider may apply for reinstatement of the suspended licence under provision 32.

17.6 For provision 17.4, AMSA is taken to have undertaken an annual review of the licence when AMSA undertakes a compliance audit for provision 32.

17.7 If the applicant does not comply with a requirement under Subdivision 2.4, AMSA must suspend the pilotage provider licence.

Note If AMSA identifies non-compliance with the Part as part of the audit, AMSA may impose a condition as part of disciplinary action — see Division 2.5.

18 Application for renewal

18.1 The holder of a pilotage provider licence may apply to AMSA to renew the licence.

18.2 The application must be:

(a) in writing; and

(b) received by AMSA no later than 3 months before the licence expires.

18.3 AMSA may, in writing, require the applicant to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

18.4 If AMSA requires additional information or documents of an applicant under provision 18.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

18.5 AMSA must, not later than 1 month after AMSA receives the application, undertake a compliance audit of the applicant under provision 23.

18.6 If a pilotage provider applies to renew a licence under this provision, the licence remains in force until the application is decided.

18.7 If the pilotage provider does not comply with a requirement under Subdivision 2.4, AMSA must refuse to consider the application.

19 Decision on application for renewal

19.1 This provision applies if AMSA receives an application for renewal of a pilotage provider licence under provision 18.

19.2 AMSA must not later than 2 months after AMSA receives the application:

(a) decide the application for renewal; and

19.3 AMSA must:

(a) renew the licence; or

(b) refuse to renew the licence.

19.4 If AMSA does not renew the pilotage provider licence of the pilotage provider within 3 months after receiving the application, AMSA is taken to have refused to issue the licence.

19.5 AMSA may renew a pilotage provider licence only if it is satisfied that:

(a) the compliance audit undertaken under Subdivision 2.4 for the application shows the systems of the pilotage provider comply with this Part; and

(b) the pilotage provider can comply with the Act.

19.6 Provision 19.5 does not limit the matters AMSA may consider in making a decision under this provision.

20 Surrender of licence

20.1 A pilotage provider may surrender a pilotage provider licence issued to the provider, that is in force or not in force, by giving written notice (a surrender notice) of the surrender to AMSA.

20.2 The surrender notice must be accompanied by:

(a) the licence; or

(b) if the licence has been lost, stolen or destroyed — a statutory declaration signed by the pilotage provider stating that the licence has been lost, stolen or destroyed.

Note 2 The Statutory Declarations Act 1959 applies to the making of statutory declarations.

21 Requirement to return licence

If a person ceases to be a licensed pilotage provider before the person’s licence expires under provision 14, the person must return the licence to AMSA no later than 14 days after the person ceases to be a licensed pilotage provider.

22 Requirement to notify change of name or address

If a pilotage provider’s name or address changes, the provider must, as soon as practicable but no later than 1 month after the change happens, tell AMSA, in writing, about the change.

Subdivision 2.4 Compliance audits

23 When compliance audit conducted

23.1 AMSA, or an approved auditor on behalf of AMSA, may conduct a compliance audit of a person in any of the following circumstances:

(a) the person applies for a pilotage provider licence under provision 10;

(b) AMSA decides to amend the person’s pilotage provider licence under provision 15;

(c) the person applies for an amendment of the person’s pilotage provider licence under provision 16;

(d) the person applies for an annual review of the person’s pilotage provider licence under provision 17;

(e) the person applies for a renewal of the person’s pilotage provider licence under provision 18;

(f) the person applies for reinstatement of a suspended pilotage providers licence under provision 32;

(g) AMSA determines that a pilotage provider may not be complying with provisions of this Part other than for conduct that is the subject of a suspension of a pilotage provider under Division 3;

(h) AMSA determines it is necessary to undertake an audit of a pilotage provider at any time other than a time mentioned in paragraphs (a) to (g).

Note 1 approved auditor — see pr 24.

Note 2 For reasons for auditing — see pr 25.

Note 3 A fee may be determined for this provision — see the AMSA Act, s 47.

23.2 An approved auditor must conduct an audit in accordance with the directions of AMSA.

24 Persons approved to conduct audits

24.1 For an audit required by AMSA, AMSA may approve a person (an approved auditor) to conduct the audit on behalf of AMSA.

24.2 This provision does not prevent AMSA from conducting an audit itself.

25 Reason for audit

25.1 A compliance audit under this Subdivision may be conducted for the purpose of:

(a) substantiating information provided to AMSA; or

(b) deciding whether the person has complied with the Act or the conditions of the person’s pilotage provider licence or proposed pilotage provider licence.

25.2 A compliance audit under this Subdivision may be conducted for the purpose of identifying:

(a) compliance with provisions of this Part; or

(b) the effectiveness of the pilotage provider’s safety management system; or

(c) eligibility of a person to hold a pilotage provider licence; or

(d) compliance with any conditions on holding a pilotage provider licence.

25.3 For this provision, a compliance audit under this Subdivision may review all aspects of the person’s systems that are relevant to this Part including the following:

(a) roles and responsibilities of key staff employed by the person;

(b) fatigue risk management;

(c) safety management;

(d) contingency planning;

(e) workplace health and safety;

(f) operational systems and procedures;

(g) manuals and guidance material management;

(h) internal controls;

(i) communication with AMSA;

(j) pilot training;

(k) record keeping;

(l) pilot launch compliance.

26 Powers not limited by compliance audit provisions

This Subdivision does not limit the power of AMSA to inquire into the activities of a pilotage provider.

27 Requirement to comply

A person who is the subject of a compliance audit under this Subdivision must comply with the reasonable requirements of the person conducting an audit under this Subdivision.

Subdivision 2.5 Disciplinary action

28 Grounds for disciplinary action

Each of the following is a ground for disciplinary action against a pilotage provider holding a pilotage provider licence:

(a) the provider gave information to AMSA for the application for, or an application for amendment or renewal of, the provider’s licence that was false or misleading;

(b) the provider has contravened, or is contravening, the Act (including this Part);

(c) the provider has contravened, or is contravening, a law of the Commonwealth (other than the Act) or a State.

29 Disciplinary action

Each of the following is disciplinary action when taken against a person who holds a pilotage provider licence:

(a) reprimanding the person;

(b) directing the person to do a stated thing;

(c) amending the pilotage provider licence, including by imposing a condition on the licence or amending an existing condition of the licence;

(d) suspending the pilotage provider licence:

(ii) until a stated event happens;

(e) cancelling the pilotage provider licence;

(f) disqualifying the person from applying for a pilotage provider licence:

(ii) until a stated event happens.

30 Taking disciplinary action

30.1 If AMSA proposes to take disciplinary action in relation to a person, AMSA must give the person a written notice (a disciplinary notice) that:

(a) states the proposed disciplinary action (including any proposed disqualification period, suspension period or amendment of a pilotage provider licence); and

(b) states the grounds for the proposed disciplinary action; and

(c) tells the person that the person may, not later than 1 month after the day the person receives the notice, give a written response to AMSA about the notice.

30.2 In deciding whether to take disciplinary action, AMSA must consider any response given to AMSA by the person in accordance with the disciplinary notice.

30.3 AMSA may take the proposed disciplinary action against the person if satisfied that:

(a) a ground for taking disciplinary action has been established for a person; and

(b) if the ground is a ground mentioned in paragraph 28 (c) — it is in the public interest for the proposed disciplinary action to be taken against the person.

30.4 AMSA must give the person written notice of AMSA’s decision.

30.5 Disciplinary action under this provision takes effect when the notice of the decision is given to the person or, if the notice states a later date of effect, that date.

Note For the surrender of the pilotage provider licence to AMSA — see pr 20.

31 Effect of suspension of licence

If a pilotage provider licence is suspended, the licence does not authorise the provider to carry on any activity authorised by the pilotage provider licence during the suspension.

32 Application for reinstatement of suspended licence

32.1 This provision applies to a pilotage provider if the provider:

(a) has a pilotage provider licence; and

(b) the licence is suspended.

32.2 The provider may apply, in writing, for reinstatement of the suspended licence 7 days, or a shorter time determined by AMSA, after the licence is suspended.

32.3 AMSA may, in writing, require the provider to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

32.4 AMSA may conduct a compliance audit under provision 23.

32.5 If AMSA requires additional information or documents of an applicant under provision 32.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

32.6 If the provider does not comply with a requirement under Subdivision 2.4, AMSA must refuse to consider the application.

33 Decision to reinstate suspended licence

33.1 This section applies if AMSA receives an application for reinstatement of a suspended pilotage provider licence under provision 32.

33.2 AMSA must, not later than 2 months after the day AMSA receives the application:

(a) decide the application for reinstatement; and

33.3 AMSA must:

(a) reinstate the licence; or

(b) refuse to reinstate the licence.

33.4 If AMSA undertakes a compliance audit under provision 23, AMSA may reinstate the licence only if satisfied that the compliance audit shows the pilotage provider complies with this Part.

33.5 Provision 33.4 does not limit the matters AMSA may consider in making a decision under this provision.

33.6 If AMSA does not reinstate the licence within 2 months after receiving the application, AMSA is taken to have refused to reinstate the licence.

34 Taking disciplinary action subject to demerit points system

AMSA must not take disciplinary action against a person if the person is, at the time the disciplinary action would otherwise have been taken, involved in a disciplinary incident under Division 3.

Note If a pilotage provider licence is suspended under Division 3, AMSA may reprimand the provider, direct the provider to do a stated thing or require the provider to complete a stated course of training to the satisfaction of AMSA or another stated person — see pr 40.3.

Division 3 Demerit points

Subdivision 3.1 Definitions

35 Definitions for Division 3

compliance period, for a person holding a pilotage provider licence, means the period of 1 year beginning on the day when the pilotage provider licence was last issued, or any 1 year period beginning on the anniversary of that day.

demerit infringement, for a person holding a pilotage provider licence, means an infringement against a provision mentioned in table 36.3.

demerit points register means the register under provision 42.

disciplinary incident, for a person holding a pilotage provider licence, means the contravention of a condition of a person’s pilotage provider licence that gave rise to the demerit infringement.

maximum demerit points, for a pilotage provider licence during a compliance period, means:

(a) for a licence reinstated under provision 33 — the number of demerit points calculated in accordance with provision 39.3 for the remainder of the compliance period; or

(b) in any other case — 40 demerit points.

Subdivision 3.2 Demerit points

36 Demerit infringements and points

36.1 A pilotage provider incurs demerit points if the provider is responsible for a infringement against a provision mentioned in table 36.3.

36.2 The number of demerit points incurred for a demerit infringement is the number mentioned in table 36.3 for the infringement.

Table 36.3 Demerit grounds and points

36.3 A provider who incurs demerit points for an infringement mentioned in item 2 of table 36.3 does not incur demerit points for an infringement mentioned in item 1 of table 36.3 for the same incident.

37 Recording demerit points

37.1 If a pilotage provider incurs demerit points under provision 36, AMSA must:

(a) record the points in the demerit points register; and

(b) tell the pilotage provider, in writing:

(i) the number of demerit points the provider has incurred for the demerit infringement; and

(ii) the number of demerit points the provider may incur in the compliance period before the provider’s licence is suspended.

37.2 Failure to comply with provision 37.1 does not affect the validity of anything done by AMSA.

38 When demerit points incurred

A demerit point is taken to have been incurred on the day when AMSA records the points in the register.

39 Clearing demerit points

39.1 This provision applies to demerit points incurred by a licensed pilotage provider, recorded in the demerit points register and taken into account for:

(a) a notice of licence suspension under section 40; or

(b) other action allowed to be taken under provision 40.3.

39.2 AMSA must:

(a) delete all demerit points for the provider from the register at the end of a compliance period; or

(b) if a pilotage provider licence is suspended:

(i) delete all demerit points for the licence from the register; and

(ii) set the maximum number of demerit points, in accordance with provision 39.3, that the provider may incur within the remainder of the compliance period when the licence is reinstated in accordance with provision 33.

39.3 If AMSA deletes demerit points from the register under paragraph 39.2 (b), AMSA must set the maximum number of demerit points for the pilotage provider licence for the remainder of the compliance period, worked out as follows:

View image in the official source

where:

days is the number of days remaining in the compliance period.

39.4 This provision does not prevent AMSA keeping a record of cleared demerit points.

40 Suspension of pilotage provider licence

40.1 If a pilotage provider incurs the maximum demerit points or more in a compliance period, the provider’s pilotage provider licence is suspended and remains suspended until reinstated.

40.2 AMSA must give notice of licence suspension under provision 41 to the pilotage provider and the pilotage provider may continue to operate as a pilotage provider until the provider receives, or is taken to have received, the notice.

40.3 AMSA, on suspension of a licence under this provision, may also take the following disciplinary action against the pilotage provider:

(a) reprimand the provider;

(b) direct the provider to do a stated thing;

(c) require the provider to complete a stated course of training to the satisfaction of AMSA or another stated person;

(d) on reinstating the licence — amend the pilotage provider licence, including by imposing a condition on the licence or amending an existing condition of the licence.

Note For how disciplinary action is taken against the provider — see Subdivision 2.5.

40.4 In considering what disciplinary action to take under provision 40.3, AMSA must take into account the following matters:

(a) the need to protect public safety;

(b) the need to protect the marine environment;

(c) the regularity of the disciplinary incidents to which the demerit points relate;

(d) the seriousness of the disciplinary incidents to which the demerit points relate;

(e) the likelihood of further disciplinary incidents relating to the provider.

40.5 AMSA may, in considering what disciplinary action to take under provision 40.3, take into account any other relevant consideration.

40.6 Suspension of the licence under provision 40.2 comes into effect when the notice is served under provision 41.

41 Suspension notice

A notice of suspension served on a pilotage provider by AMSA under this Division must state the following:

(a) the date of the notice;

(b) the demerit infringements that have occurred;

(c) the demerit points incurred for each demerit infringement;

(d) that the decision of AMSA to reinstate the licence depends on AMSA being satisfied with the outcome of a compliance audit of the provider;

(e) that the pilotage provider may apply for reinstatement of the pilotage provider licence under provision 32 no earlier than 7 days, or a shorter time determined by AMSA, after the date of the notice;

(f) that conditions may be imposed on the reinstated licence.

Subdivision 3.3 Demerit points register

42 The register

42.1 AMSA must keep a register of demerit points for each pilotage provider licence (the demerit points register).

42.2 The register may include licence information given to AMSA under this Part other than information relating to demerit points.

42.3 The register may be kept in any form, including electronically, that AMSA decides.

42.4 The register may be kept in 1 or more parts, as AMSA considers appropriate.

42.5 AMSA must make information in the register available for public inspection.

Note: Example

Note: The register may be available on AMSA’s website at http://www.amsa.gov.au.

43 Corrections

43.1 AMSA may correct a mistake, error or omission in the demerit points register.

43.2 AMSA may change a detail included in the register to keep the register up to date.

Division 4 Pilotage providers — conditions on licences

Note Failure to comply with a condition of a pilotage provider licence may result in disciplinary action against the provider under Subdivision 2.5, or in the provider incurring demerit points under Division 3.

44 Safety management system

The following are conditions of a pilotage provider licence:

(a) that the provider have a safety management system and that the provider complies with the system;

(b) that the provider monitor the implementation, operation and effectiveness of the provider’s safety management system;

(c) that the provider undertake internal audits of the safety management system at least once in each calendar year;

(d) that the provider ensures that each licensed pilot whom the provider assigns to the transit of a ship through a pilotage area, whether as employee of the provider or otherwise, complies with the safety management system;

(e) that the provider makes the safety management system available in a place where pilots whom the provider assigns to the transit of ships have access.

Note For compliance with the safety management system by licensed pilots — see Division 6.

45 Designated person

It is a condition of a pilotage provider licence that the provider designates a stated individual (the designated person) to have responsibilities under this Division.

Note For designated person duties — see pr 61.

46 Pilots to hold Certificate of Medical Fitness

It is a condition of a pilotage provider licence that the provider does not assign a pilot to the transit of a ship through a pilotage area unless the pilot holds a Certificate of Medical Fitness.

47 Pilot to remain on ship when in pilotage area

47.1 This provision applies to a pilotage provider if the provider assigns a licensed pilot to the transit of a ship (the piloted ship) through a pilotage area.

47.2 It is a condition of a pilotage provider licence to which this provision applies that the provider ensures a licensed pilot employed or contracted by the provider remains onboard the piloted ship at all times the ship is in the pilotage area unless otherwise authorised by AMSA.

48 Under keel clearance requirements

48.1 This provision applies to a pilotage provider if the provider assigns a licensed pilot to the transit of a ship through the Prince of Wales Channel, the Gannet Passage or the Varzin Passage.

48.2 It is a condition of a pilotage provider licence to which this provision applies that the provider ensures the pilot complies with provision 94.

49 Pilot transfers

It is a condition of a pilotage provider licence that:

(a) a pilot transfer conducted by the provider complies with the pilot transfer standards mentioned in Schedule 1; and

(b) for a sea transfer — the pilot launch used in the transfer:

(i) meets the requirements of the survey authority registering the launch;

(ii) has a current survey certificate; and

(c) for a helicopter transfer — the transfer complies with Division 1.3 of Schedule 1.

50 Record keeping

It is a condition of a pilotage provider licence that the pilotage provider keep records required by the Safety Management System for at least 5 years after the record was made.

51 Requirement to produce records and information

Note For this Part, AMSA has powers under the Act, s 413 to require the production of documents and other information.

51.1 It is a condition of a pilotage provider licence that the provider must, on a request from an authorised person, produce:

(a) for each pilot and pilot launch crew employed or contracted by the provider, details of the following:

(i) qualifications including a Certificate of Medical Fitness or, for a licence issued by a State or other country, a medical certificate issued by the authority issuing the licence;

(ii) training courses, professional development courses and drills undertaken;

(iii) records created for the fatigue risk management plan;

(iv) the service date of each

Note: personal flotation

device used by each pilot or pilot launch crew member;

(v) for a pilot — the number of check voyages undertaken for the purpose of renewing the pilot’s licence or restricted pilot licence; and

(b) for each pilot launch owned or operated by the provider — survey details of the launch and certification details for all safety equipment required to be on the launch; and

(c) details of internal audits conducted by or on behalf of the provider; and

(d) the agenda and minutes of any operational safety meeting conducted by the provider.

Note for par (a) It is a condition of pilotage provider licence that records required by the Safety Management System are kept for at least 5 years after the record was made — see pr 50.

51.2 In this provision:

authorised person

means a person to whom AMSA has delegated a function for this Part under the

AMSA Act, section 58

operate, a pilot launch, includes chartering the launch.

operational safety meeting — see provision 56.

52 Reporting for Torres Strait

52.1 This provision applies to a pilotage provider that assigns, or intends to assign, a licensed pilot to the transit of a ship through the Torres Strait.

52.2 It is a condition of a pilotage provider licence that the provider tell AMSA the pilotage detail:

(a) if the pilotage provider receives the request for a pilot within 48 hours before the pilot is needed — as soon as practicable; or

(b) in any other case — no later than 48 hours before the pilotage commences.

52.3 In this provision:

pilotage detail, for a pilotage of the Torres Strait, means the following:

(a) the name of the proposed pilot;

(b) the booking number for the pilotage;

(c) the name of the ship that is to be piloted;

(d) the call sign of the ship that is to be piloted;

(e) the IMO number of the ship that is to be piloted;

(f) when the pilot will board the ship;

(g) where the pilot will board the ship.

53 REEFREP reporting

53.1 This provision applies to a pilotage provider that assigns, or intends to assign, a licensed pilot to the transit of a ship through the REEFREP area.

53.2 It is a condition of a pilotage provider licence that the pilotage provider ensure that the pilot employed or contracted by the provider to pilot a ship report to REEFVTS in accordance with provision 95.

54 Incident reporting

54.1 It is a condition of a pilotage provider licence that, after any incident involving a pilot launch or ship piloted by a person contracted or employed by the pilotage provider, the pilotage provider:

(a) after an incident involving a pilot launch — tells AMSA about the incident before the end of the next business day after the day of the incident; and

(b) after an incident involving a ship piloted by the person — tells AMSA about the incident within 4 hours after the incident; and

(c) if requested by AMSA, give AMSA written details of the incident within 72 hours after the request is made.

Note If a form is approved for this purpose, the approved form must be used — see pr 119.

54.2 In this provision:

incident, involving a pilot launch or ship piloted by a person contracted or employed by a provider, includes the following:

(a) any form of collision between the launch or ship and something else;

(b) a grounding of the launch or ship;

(c) structural failure of the launch or ship;

(d) an injury to or illness of a person that may affect the safe operation of the launch or ship;

(e) a close quarters event involving the launch or ship;

(f) a near miss involving the launch or ship;

(g) pollution from the launch or ship;

(h) fire on board the launch or ship;

(i) machinery or equipment failure on board the launch or ship that may affect the safe operation of the launch or ship.

55 Pilot training

It is a condition of a pilotage provider licence that the pilotage provider provides the training that a licensed pilot must undertake for provision 97.

56 Operational safety meeting

56.1 It is a condition of a pilotage provider licence that the provider conduct a meeting to discuss operational safety issues with the designated person, employees and pilotage crew not less than once every 2 months.

56.2 In this provision:

pilotage crew — see provision 57.2.

57 Requirement to comply with fatigue risk management plan

57.1 It is a condition of a pilotage provider licence that the pilotage crew of the provider comply with:

(a) the fatigue risk management plan published by AMSA; or

(b) if AMSA approves a fatigue risk management plan for the pilotage provider under provision 59 — that fatigue risk management plan.

57.2 In this provision:

pilotage crew, of a pilotage provider means:

(a) any pilot contracted or employed by the provider; and

(b) the crew of any pilot launch operated by the provider.

Division 5 Fatigue risk management plan

58 AMSA’s plan

AMSA must publish a fatigue risk management plan for pilotage providers and for licensed pilots on AMSA’s website.

Note AMSA’s website is http://www.amsa.gov.au.

59 Pilotage provider’s plan

59.1 A pilotage provider may apply to AMSA for approval of a fatigue risk management plan that differs from the fatigue risk management plan published by AMSA.

59.2 If AMSA is satisfied with the pilotage provider’s fatigue risk management plan, AMSA must approve the plan.

Division 6 Safety management system

60 Meaning of safety management system

safety management system, for a pilotage provider, means a system for coordinating and managing the provider’s operations that minimises the risk of personal injury and environmental damage.

Note A safety management system for a pilotage provider is initially approved by AMSA when the provider applies for a licence — see pr 10. A change in the safety management system is approved through the approval of an amendment to the pilotage provider licence — see pr 15 and 16.

61 Designated person duties

A person appointed by a pilotage provider as a designated person for the provider’s safety management system under provision 45 is responsible for the following:

(a) monitoring the safety and pollution prevention aspects of the operation of each pilotage;

(b) monitoring the safety and pollution aspects of the operation of each pilot launch operated by the provider;

(c) ensuring that there are adequate resources and shore based support when required;

(d) maintaining the provider’s system, in particular:

(i) verifying the effectiveness and implementation of the system;

(ii) reporting any deficiencies to the responsible level of management of the provider;

(iii) identifying 1 or more persons responsible for rectifying deficiencies;

(e) being fully conversant with the provider’s system and safety and environmental protection policies;

(f) organising internal audits of the provider’s system and ensuring appropriate corrective action is taken after an audit.

62 Mandatory requirements

62.1 A safety management system for a pilotage provider must describe the following to the satisfaction of AMSA:

(a) how the provider’s work practices are conducted safely;

(b) how the provider complies with the applicable fatigue risk management plan;

(c) how risks are identified and minimised;

(d) how the provider complies with the Act;

(e) how the provider ensures that all licensed pilots are trained to comply with this Part;

(f) how the provider ensures compliance with the under keel clearance requirements.

62.2 The safety management system must include the following information:

(a) requirements for internal audits;

(b) how the system is revised and kept up to date;

(c) a statement of the procedures for carrying out corrective actions;

(d) incident reporting and investigation methods;

(e) a drug and alcohol policy for staff of the provider and people employed or contracted by the provider.

63 Requirements for pilots

A safety management system for a pilotage provider must include provisions that, to the satisfaction of AMSA, ensure that licensed pilots employed or contracted by the provider do the following:

(a) understand the safety management system;

(b) conduct pilotages in accordance with this Part;

(c) have appropriate resources to undertake pilotages under this Part.

64 Provider to ensure pilot compliance

The pilotage provider, in implementing a safety management system must ensure that licensed pilots employed or contracted by the provider:

(a) are trained to identify and minimise risks; and

(b) comply with the Act.

Division 7 Licensed pilots

Subdivision 7.1 Classes of pilot licences

65 Meaning of pilot licences

pilot licence means:

(a) a check pilot licence; or

(b) a unrestricted pilot licence; or

(c) a restricted pilot licence; or

(d) a trainee pilot licence.

66 Meaning of check pilot licence

check pilot licence means a pilot licence that authorises the licensee to perform check pilot duties for a stated pilotage area.

Note For check pilot duties — see pr 98 and Schedule 2.

67 Meaning of unrestricted pilot licence

unrestricted pilot licence means a pilot licence that authorises the licensee to be a licensed pilot for the purpose of piloting a ship in a stated pilotage area.

68 Meaning of restricted pilot licence

68.1 In this Part:

restricted pilot licence means a pilot licence that authorises the licensee to be a licensed pilot for the purpose of piloting a ship in a stated pilotage area other than piloting the following ships:

(a) a loaded oil tanker;

(b) a loaded chemical tanker;

(c) a loaded gas carrier;

(d) for a pilotage area other than the Hydrographers passage — a ship with draught exceeding the draught endorsed on the pilot licence under provision 84.

68.2 In this provision:

loaded, for a ship, means that the ship is carrying a commercial cargo of the commodity it is designed to carry, regardless of whether the ship is loaded to capacity.

69 Meaning of trainee pilot licence

trainee pilot licence means a pilot licence that authorises the licensee to undertake training activities for the purpose of obtaining a restricted pilot licence.

70 Meaning of licensee

licensee means a licensed pilot who holds a pilot licence issued under this Division.

Note For the meaning of licensed pilot — see the Act, s 186B, definition of licensed pilot.

Subdivision 7.2 Application, decision etc

71 Application

71.1 A person (the applicant) may apply to AMSA for a stated pilot licence.

Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338.

71.2 The application must:

(b) state the class of pilot licence applied for; and

(c) if the class of pilot licence applied for is a pilot licence other than a trainee pilot licence — the pilotage area applied for.

71.3 AMSA may, in writing, require the applicant to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

71.4 If AMSA requires additional information or documents of an applicant under provision 71.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

72 Decision on application

72.1 This provision applies if AMSA receives an application for a pilot licence under provision 71.

72.2 AMSA must, not later than 1 month after AMSA receives the application:

72.3 AMSA must:

(a) issue the licence; or

(b) refuse to issue the licence.

72.4 AMSA must issue the pilot licence to the applicant only if satisfied that the applicant is eligible to apply for the licence under Subdivision 7.4.

Note eligible person, to hold a licence — see Subdivision 7.4.

72.5 If AMSA does not issue a pilot licence to the applicant within 1 month of the day of receiving the application, AMSA is taken to have refused to issue the licence.

73 Form of licence

73.1 A pilot licence must:

(b) include the following information:

(i) the name of the licensee;

(ii) the licence’s number;

(iii) the class of the licence;

(iv) for a licence other than a trainee pilot licence — the pilotage area within which the licence permits the licensee to pilot;

(v) for a restricted pilot licence for pilotage in a pilotage area other than the Hydrographers passage — the endorsed draught of ship the licensee is permitted to pilot;

(vi) the conditions on the licence.

73.2 A pilot licence may include anything else AMSA considers relevant.

73.3 In this provision:

endorsed draught

means the draught limit endorsed on a restricted pilot licence in accordance with provision 84.

74 Licence conditions

74.1 A pilot licence is subject to the condition that the licensee must comply with the Act.

Note Division 8 sets out specific conditions for all pilot licences.

74.2 A pilot licence is also subject to any condition imposed by AMSA when the licence is issued or revalidated.

Note Pilot licences may be revalidated under pr 79.

75 Licence term

75.1 A pilot licence comes into force on the day it is issued.

75.2 A pilot licence expires:

(a) 2 years after the day the licence is issued; or

(b) a day determined by AMSA that is earlier than the date mentioned in paragraph (a); or

(c) a later date in accordance with provision 78.3.

75.3 A check pilot licence expires:

(a) on the expiry of the unrestricted pilot licence to which the check pilot licence is related; or

(b) a day determined by AMSA that is earlier than the date mentioned in paragraph (a).

Subdivision 7.3 Amendment and revalidation

76 Amendment initiated by AMSA

76.1 AMSA may, by written notice (an amendment notice) given to a licensee, amend the pilot licence.

76.2 However, AMSA may amend the pilot licence only if:

(a) AMSA has given the licensee written notice (a proposal notice) of the proposed amendment; and

(b) the proposal notice states that written comments on the proposal may be made to AMSA before the end of a stated period of at least 14 days after the proposal notice is given to the licensed pilot; and

(c) after the end of the stated period, AMSA has considered any comments made in accordance with the notice.

76.3 Provision 76.2 does not apply if the licensee applied for, or agreed in writing to, the amendment.

76.4 The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.

77 Amendment initiated by licensed pilot

77.1 A licensee may apply to AMSA to amend the pilot licence.

Note: Example

Note: Restricted pilot licence holder variation to draught limit

77.2 The application must:

(b) state the way the licence is proposed to be amended.

77.3 AMSA may, in writing, require the licensee to give AMSA additional information or documents that AMSA reasonably needs to decide the information.

77.4 If AMSA requires additional information or documents of an applicant under provision 77.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

77.5 If the licensee does not comply with a requirement under provision 77.3, AMSA may refuse to consider the application.

77.6 AMSA must, not later than 1 month after the day AMSA receives the application:

(a) decide the application for amendment; and

(b) tell the licensee, in writing, about the decision on the application.

77.7 AMSA must:

(a) amend the licence; or

(b) refuse to amend the licence.

77.8 AMSA may amend the licence only if satisfied that the licensee is eligible to hold the licence as amended.

77.9 If AMSA does not amend the licence of the applicant within 3 months after receiving the application, AMSA is taken to have refused to amend the licence.

78 Application for revalidation

78.1 A person holding a pilot licence that is in force or not in force and not subject to disciplinary action may apply to AMSA to revalidate the licensee’s pilot licence.

78.2 An application under this provision must be in writing.

78.3 If a licensee applies under this provision to revalidate a licence that is in force, the licence remains in force until the application is decided.

79 Decision on application for revalidation

79.1 This section applies if AMSA receives an application for revalidation of a pilot licence under provision 78.

79.2 AMSA must, not later than 1 month after AMSA receives the application:

(b) tell the applicant, in writing, about the decision.

79.3 AMSA must

(a) revalidate the licence; or

(b) refuse to revalidate the licence.

79.4 AMSA must revalidate the licence only if satisfied that the licensee is eligible for revalidation of the licence.

Note For eligibility — see Division 7.4.

79.5 Provision 79.4 does not limit the matters AMSA may consider.

79.6 If AMSA does not revalidate a licence within 1 month after receiving the application, AMSA is taken to have decided to refuse to revalidate the licence.

80 Replacing when lost, stolen or destroyed

80.1 AMSA may issue a replacement pilot licence to a licensee if satisfied that the licensee’s original licence has been lost, stolen or destroyed.

80.2 For provision 80.1, AMSA may require the licensee to give AMSA a statutory declaration signed by the licensee, stating that the original licence has been lost, stolen or destroyed.

Note 1 A fee may be determined for this provision — see the AMSA Act, s 47.

Note 2 The Statutory Declarations Act 1959 applies to the making of statutory declarations.

81 Requirement to notify change of name or address

If a licensed pilot changes name or address, the pilot must, as soon as practicable but no later than 1 month after the change happens, tell AMSA, in writing, about the change.

Subdivision 7.4 Eligibility requirements

82 Trainee pilot licence

A person is eligible to apply for a trainee pilot licence if the person, at the time of applying for the licence:

(a) is entitled to work in Australia; and

(b) holds:

(i) a certificate of competency as Master for ships of 3 000 or more gross tonnage issued under Marine Orders, Part 3; or

(ii) Royal Australian Navy qualifications in pilotage, navigation and seamanship that AMSA determines a satisfactory equivalent; and

(c) is:

(i) competent in the English language; and

(ii) capable of understanding documents and directions relating to the performance of duties under the licence; and

(iii) capable of writing the documents and giving directions relating to the performance of duties under the licence; and

(d) holds a Certificate of Medical Fitness; and

(e) has satisfactorily completed an approved pilotae training course for trainee pilot induction; and

(f) has completed, while holding a certificate mentioned in paragraph (b), at least 36 months of sea service as master, navigating officer in charge of a watch or pilot on ships 500 or more gross tonnage; and

(g) for the sea service mentioned in paragraph (f) — has completed 18 months of the service is completed in the 5 years immediately before the person is being considered for eligibility to hold the licence.

83 Restricted pilot licence

A person is eligible to apply for a restricted pilot licence, for a stated pilotage area and a stated draught limit, if the person, at the time of applying for the licence:

(a) holds a trainee pilot licence that is:

(i) in force; or

(ii) not in force, and not suspended or cancelled; and

(b) holds a Certificate of Medical Fitness; and

(c) has satisfactorily completed all of the following:

(i) an approved program of training;

(ii) a competency assessment;

(iii) a written examination conducted by AMSA;

(iv) a fatigue management training course approved by AMSA;

(v) an oral examination approved by AMSA.

84 Draught limit for restricted pilot licence

84.1 The following draught limits apply to a restricted pilot licence issued for piloting in the inner route pilotage area:

(a) for a person who does not hold a restricted pilot licence for the area — 10 m;

(b) for a person who holds a restricted licence for the area and has completed 12 inner route transits with ships of 10 m draught or less — 10.5 m;

(c) for a person mentioned in paragraph (b) who has completed an additional 6 inner route transits with ships of 10.5 m draught or less — 11 m;

(d) for a person mentioned in paragraph (c) who has completed an additional 6 inner route transits with ships of 11 m draught or less — 11.5 m.

84.2 The following draught limits apply to a restricted pilot licence issued for piloting in Great North East Channel pilotage area:

(a) for a person who does not hold a restricted licence for the area — 10 m;

(b) for a person who holds a restricted licence and has completed 12 transits west of Alert patches with ships of 10 m draught or less — 10.5 m;

(c) for a person mentioned in paragraph (b) who has completed an additional 6 transits west of Alert Patches, with ships of 10.5 m draught or less — 11 m;

(d) for a person mentioned in paragraph (c) who has completed an additional 6 transits west of Alert Patches, with ships of 11 m draught or less — 11.5 m.

84.3 In this provision:

Alert Patches means the area of Torres Strait centred on 1029.8S, 14221.2E.

inner route transit means a transit of Torres Strait north of latitude 16 39.91S,

85 Unrestricted pilot licence

85.1 A person is eligible to apply for an unrestricted pilot licence, for a stated pilotage area, if the person, at the time of applying for the licence:

(a) holds a restricted pilot licence for the pilotage area; and

(b) holds a Certificate of Medical Fitness; and

(c) has, while performing the duties of a licensed pilot, completed the required number of transits.

85.2 A person is eligible to hold an unrestricted pilot licence for the Whitsundays pilotage area if the person:

(a) holds an unrestricted pilot licence for:

(i) the inner route pilotage area; or

(ii) the Hydrographers Passage pilotage area; and

(b) has completed 2 transits in the Whitsundays pilotage area in any capacity within the last 5 years; and

(d) for a licence in the area permitting anchorage of passenger ships in cruise ship anchorages — has completed the approved pilotage training course for Whitsunday Anchoring.

85.3 In this provision:

required number of transits means:

(a) for eligibility to hold an unrestricted pilot licence for the inner route pilotage area:

(i) 6 transits of the inner route pilotage area while holding a restricted licence with a draught limit of 11.5 m for the area; and

(ii) at least 1 transit mentioned in subparagraph (i) being an assessment transit on a ship with a draught of 11 m or more with a check pilot nominated by AMSA; and

(b) for eligibility to hold an unrestricted pilot licence for the Hydrographers Passage pilotage area:

(i) 20 transits of the area; and

(ii) at least 1 transit mentioned in subparagraph (i) being a check pilot voyage with a check pilot nominated by AMSA; and

(c) for eligibility to hold an unrestricted pilot licence for the Great North East Channel pilotage area:

(i) 6 transits of Torres Strait west of Alert Patches while holding a restricted licence for the area permitting piloting of ships up to 11.5 m draught; and

(ii) at least 1 transit mentioned in subparagraph (i) being a check pilot voyage on a ship with a draught of 11 m or more with a check pilot nominated by AMSA; and

(iii) 2 transits of the Great North East Channel pilotage area.

86 Check pilot licence

86.1 A person is eligible to apply for a check pilot licence, for a stated pilotage area, if the person, at the time of applying for the licence:

(a) holds an unrestricted pilot licence for the pilotage area; and

(b) while holding the unrestricted pilot licence — has not been the subject of a suspension of more than 7 days in the 5 years before eligibility is being determined; and

(d) has satisfactorily:

(i) completed an approved workplace assessment training course conducted by an approved training provider; and

(ii) undertaken a psychometric assessment approved by AMSA; and

(iii) completed an oral examination approved by AMSA; and

(e) has, while performing the duties of a licensed pilot, completed the required number of transits.

86.2 However, AMSA may dispense with a requirement of this provision and determine a person is eligible to apply for a check pilot licence if AMSA considers the person has appropriate qualifications and experience at the time the person applies for the licence.

86.3 In this provision:

required number of transits means:

(a) for eligibility to hold a check pilot licence for the inner route pilotage area:

(i) 20 transits of the area within 12 months before the determination of eligibility; and

(ii) 200 transits of the area; and

(b) for eligibility to hold a check pilot licence for the Hydrographers Passage pilotage area:

(i) 6 transits of the area within 12 months before the determination of eligibility; and

(ii) 50 transits of the area; and

(c) for eligibility to hold a licence for the Great North East Channel pilotage area:

(i) 6 transits comprising of transits of the Prince of Wales and Great North East Channel transit areas within 12 months before the determination of eligibility; and

(ii) 200 transits west of Alert Patches; and

(iii) 50 transits of the Great North East Channel transit area.

87 Licence revalidation

87.1 A person is eligible to apply for revalidation of the person’s pilot licence if the person, at the time of applying for the revalidation:

(a) holds a licence other than a trainee pilot licence that is:

(i) in force; or

(ii) not in force, and not suspended or cancelled; and

(b) completes an approved training course within 4 years before applying for revalidation; and

(d) for a pilot licence other than check pilots licence — meets the requirements of provision 87.2; and

(e) for a check pilot licence — meets the requirements for the unrestricted licence for the pilotage area to which the licence is related.

87.2 A person is eligible to apply for revalidation of the person’s restricted pilot licence or unrestricted pilot licence if, at the time of applying for the revalidation:

(a) for a licence to pilot in the Hydrographers Passage pilotage area — the person has performed pilotage duties on at least 8 transits of the area during the 2 years before the day the application is made, of which:

(i) at least 4 transits have been completed during the 12 months before the revalidation; and

(b) for a licence to pilot in the inner route pilotage area — the holder has performed pilotage duties on no less than 8 transits of the area during the 2 years before the day the application is made, of which:

(i) at least 4 transits have been completed during the 12 months before the revalidation; and

(c) for a licence to pilot in the Great North East Channel pilotage area — the holder has performed pilotage duties on at least 4 transits of the area during the 2 years before the day the application is made, of which:

(i) at least 2 transits have been completed during the 12 months before the revalidation; and

(d) for a licence to pilot in the Whitsundays pilotage area — the holder has performed pilotage duties in the area during the 2 years before the day the application is made; or

(e) for a licence to pilot in the Whitsundays pilotage area permitting anchorage of passenger ships in cruise ship anchorages — the holder has performed pilotage duties of pilot anchoring passenger ships in cruise ship anchorages in the area during the 2 years before the revalidation.

87.3 If a person is, under provision 87.2, required to undertake a check pilot voyage for eligibility to revalidate the person’s restricted or unrestricted licence to pilot in a stated pilotage area, the person is taken to have completed the voyage if the person successfully completes an assessment on an approved bridge simulator for the area.

87.4 If AMSA is satisfied that circumstances exist in which it would be unreasonable or impracticable for a licensed pilot to meet the requirements of provision 87.2, AMSA may revalidate the pilot’s unrestricted licence or restricted licence:

(a) for a stated period; or

(b) for a specified number of transits in 1 or more specified pilotage areas; or

(c) following completion of a specified number of transits in specified pilotage areas as an observer.

Subdivision 7.5 Disciplinary action

88 Grounds for disciplinary action

Each of the following is a ground for disciplinary action against a licensed pilot:

(a) the pilot gave information to AMSA for the application for, or an application for amendment of, the pilot’s licence that was false or misleading in a material particular;

(b) the pilot has contravened, or is contravening, the Act (including this Part).

89 Disciplinary action

Each of the following is disciplinary action when taken against a person who is a licensed pilot:

(a) reprimanding the person;

(b) directing the person to do a stated thing;

(c) requiring the person to complete a stated course of training to the satisfaction of AMSA or another stated person;

(d) amending the pilot licence, including by imposing a condition on the licence or amending an existing condition of the licence;

(e) suspending the licence:

(ii) until the pilot completes a stated course of training to the satisfaction of AMSA or someone else; or

(iii) until a stated event happens;

(f) cancelling the licence;

(g) disqualifying the person from applying for a pilot licence:

(ii) until a stated event happens.

90 Taking disciplinary action

90.1 If AMSA proposes to take disciplinary action against a person, AMSA must give the person a written notice (a disciplinary notice) that:

(a) states the proposed action (including any proposed disqualification period, suspension period or amendment of a pilot licence); and

(b) states the grounds for the proposed action; and

(c) tells the person that the person may, not later than 1 month after the day the person receives the notice, give a written response to AMSA about the notice.

90.2 In deciding whether to take disciplinary action, AMSA must consider any response given to AMSA by the person in response to the notice.

90.3 AMSA may take the proposed disciplinary action against the person if satisfied that a ground for taking disciplinary action has been established for a person.

90.4 AMSA must give the person written notice of AMSA’s decision.

90.5 Disciplinary action under this provision takes effect on the day when the notice of the decision is given to the person or, if the notice states a later date of effect, that date.

91 Effect of suspension of licence

If a pilot licence is suspended, the licence does not authorise the licensee to carry on any activity under the licence during the suspension.

92 Emergency disciplinary action

92.1 If a ship that is being piloted is involved in a collision with another ship, or runs aground, AMSA must immediately suspend the licence of the pilot who is piloting the ship for 7 days after the day of the collision or grounding.

92.2 AMSA must, as soon as practicable, give a notice (an emergency suspension notice) to the pilot.

92.3 The emergency disciplinary notice must:

(b) state:

(i) the date of issue of the notice; and

(ii) when the suspension starts; and

(iii) when the suspension ends; and

(iv) the circumstances causing the emergency suspension of the licence.

92.4 AMSA must also keep a record of the emergency suspension notice.

92.5 AMSA must investigate the circumstances of the collision or grounding to determine whether the pilot’s conduct contributed to the collision or grounding.

92.6 If AMSA requires further time to review the circumstances of the collision or grounding, AMSA may, before the suspension ends, extend the term of the suspension for a period no longer than 6 months after the collision or grounding.

92.7 If AMSA extends the term of a licence suspension under provision 92.6, AMSA must as soon as practicable give notice, in writing, of the extension.

Division 8 Licence conditions

93 Restricted and unrestricted pilots licences

93.1 It is a condition of a restricted pilot licence and unrestricted pilot licence that the licensed pilot must do the following:

(a) give information and advice to the Master of the ship to assist the Master and the ship’s navigating officers to make safe passage through the pilotage area;

(b) remain onboard a ship whenever the ship is in the pilotage area unless otherwise authorised by AMSA;

(c) comply with the Act;

(d) consider and take into account the pilot advisory notes;

(e) prepare a detailed passage plan for the pilotage of a ship that:

(i) uses the approved passage plan model, specific to the ship being piloted; and

(ii) is agreed with the Master of the ship;

(f) take into account relevant information regarding the ship including information provided by onboard systems and external aids to navigation;

(g) confirm with the master all emergency plans relevant to the ship and the pilot’s role in the plans;

(h) ensure correct communications procedures are used for VHF radio and any other equipment that may be used during the pilotage;

(i) promote and practise the principles of bridge resource management in accordance with STCW Code, Part 3-1, s B-VIII/2, made under the STCW Convention;

(j) comply with the Safety Management System of the pilotage provider engaging the pilot to conduct the pilotage;

(k) comply, as much as practicable, with the Safety Management System of the ship being piloted;

(l) comply with the applicable fatigue risk management plan;

(m) for subparagraph 51.1 (a) (iv) — give the pilotage provider the service date of a personal flotation device used by the pilot;

(n) if the pilot holds an unrestricted pilot licence for the Whitsundays pilotage area and is permitted to anchor in the area — anchor in the area in accordance with the conditions of anchoring in the area;

(o) comply with the under keel clearance requirements;

(p) tell the provider of any incident involving the ship being piloted, no later than 2 hours after the incident occurs.

Note: Examples for par (f)

Note: malfunctioning onboard equipment

Note: aids to navigation such as buoys

Note It is a condition of a pilotage provider licence that the provider must produce records of service dates of personal flotation devices used by pilots or pilot launch crew engaged by the provider — see pr 51.1 (a) (iv).

93.2 It is a condition of a restricted pilot licence and an unrestricted pilot licence that the pilot, however described, perform the duties mentioned in this provision with the appropriate skill, care and attention to ensure the safe passage of the ship the pilot is piloting.

93.3 In this provision:

applicable fatigue risk management plan means:

(a) if the pilot is contracted or employed by a pilotage provider for whom a fatigue risk management plan has been approved under provision 59 — the approved fatigue risk management plan for the provider; or

(b) if the pilot is contracted or employed by a pilotage provider for whom a fatigue risk management plan has not been approved under provision 59 — the fatigue risk management plan published by AMSA.

pilot advisory note means a note made by AMSA published by AMSA.

Note 1 For pilot advisory notes — see http://www.amsa.gov.au.

Note 2 Failure to comply with a condition mentioned in this provision is a ground for disciplinary action — see pr 88.

STCW Convention — see Act, s 9A.

94 Requirements for pilotage through certain areas

94.1 It is a condition of a pilot licence that the pilot may pilot a ship through the Prince of Wales Channel, the Gannet or the Varzin Passages only if the ship:

(a) does not have a draught that exceeds 12.20 m; and

(b) has a net under keel clearance of:

(i) if the ship has a draught of less than 11.90 m — at least 1 m; or

(ii) if the ship has a draught of 11.90 m or more — at least 10% of the draught of the ship; or

(iii) for a ship piloted through the Gannet or Varzin Passages — at least 1 m.

95 REEFREP reporting

95.1 This provision applies to a licensed pilot who provides or intends to provide a pilotage within the REEFREP area.

95.2 It is a condition of a pilot licence that the pilot of a ship to which Marine Orders Part 56 (REEFREP) applies makes a report to REEFVTS, when the pilot commences and ceases pilotage duties, of the following:

(a) ship name, call sign, GBRMP permit number (if any) and IMO number;

(b) name of mandatory reporting point, pilot boarding ground or position (latitude and longitude);

(c) name and licence number of the pilot;

(d) the name of any check pilot or trainee pilot accompanying the pilot.

Note The methods of communication with REEFVTS are set out in the User Guide for the Great Barrier Reef and Torres Strait Ship Traffic Service (REEFVTS).

95.3 A pilot reporting the information mentioned in provision 95.2 to REEFVTS must make the report:

(a) if safe to make the report:

(i) no later than 30 minutes after commencing pilotage duties; and

(ii) within 15 minutes of ceasing pilotage duties; or

(b) if it is unsafe to make the report in accordance with paragraph (a) — as soon as it is safe to make the report.

96 Compliance with safety management system

It is a condition of a pilot licence that the licensed pilot complies with the safety management system of the pilotage provider who employs or engages the pilot.

97 Requirements to undertake training

97.1 It is a condition of a pilot licence that the licensed pilot undertake approved pilotage training courses published by AMSA.

97.2 In this provision:

\approved pilotage training course — see pr 99.

Division 9 Check pilots — conditions

98 General responsibilities

It is a condition of a check pilot licence that the check pilot:

(a) undertake check voyages with holders of unrestricted pilot or restricted pilot licences in accordance with the conditions mentioned in Schedule 2; and

(b) assess trainee pilots in accordance with the Queensland Coastal Pilotage Training Program approved by AMSA.

Division 10 Approved pilotage training courses

Subdivision 10.1 Definitions

99 Definitions for Division 10

approved pilotage training course, for an approved pilotage training provider, means a training course for which the pilotage training provider holds a pilotage training course approval under provision 101.

approved pilotage training provider means a person that holds a pilotage training course approval under provision 101.

training course includes a course using a bridge simulator.

Subdivision 10.2 Application, decision etc

100 Application

100.1 A person (the applicant) may apply to AMSA for approval to provide a stated training course about pilotage in stated pilotage areas.

100.2 An application under this provision must be in writing.

100.3 AMSA may, in writing, require the applicant to give AMSA additional information or documents that AMSA reasonably needs to decide the application.

100.4 AMSA must, not later than 1 month after AMSA receives the application, undertake a training course audit of the applicant under provision 108.

100.5 If AMSA requires additional information or documents of an applicant under provision 101.3, AMSA is taken to have received the application only when AMSA receives the additional information or documents.

100.6 If the applicant does not comply with a requirement under Subdivision 10.3, AMSA must refuse to consider the application.

101 Decision on application

101.1 This provision applies if AMSA receives an application for approval under provision 100.

101.2 AMSA must, not later 3 months after AMSA receives the application:

(a) decide the application for approval; and

101.3 AMSA must:

(a) approve the application for approval; or

(b) refuse the application.

101.4 If AMSA does not approve the application within 3 months after receiving the application, AMSA is taken to have refused to approve the training course.

101.5 An approved pilotage training course approval is subject to any condition imposed by AMSA when the approval is issued or renewed.

102 Form of approval

A pilotage training course approval must:

(b) state the name of the person to which it is issued; and

(c) identify the training course to which it applies; and

(d) if the approval is conditional — state the conditions to which the approval is subject; and

(e) state when the approval was issued; and

(f) state when the approval expires; and

(g) include anything AMSA considers necessary.

103 Approval term

A pilotage training course approval:

(a) comes into force on the day it is issued; and

(b) expires:

(i) 4 years after it is issued; or

(ii) if AMSA determines an earlier expiry day — on that day.

104 Annual review

104.1 This provision applies if:

(a) an approved pilotage training course approval is issued for a term longer than 12 months; and

(b) the approval is otherwise in force.

104.2 The approved pilotage training provider must apply, in writing, to AMSA for annual review of the approval no later than 3 months before the anniversary of the day the approval was issued.

104.3 AMSA may undertake a training course audit under provision 108 on receipt of an application under this provision.

104.4 If the approved pilotage training provider does not apply for annual review in accordance with provision 104.2, the approval is cancelled from the anniversary date.

104.5 If the applicant does not comply with a requirement under Subdivision 10.3, AMSA must cancel the approval.

105 Application for renewal

105.1 The holder of an approval to conduct an approved pilotage training course may apply to AMSA to renew the approval.

105.2 The application must be:

(a) in writing; and

(b) received by AMSA no later than 3 months before the approval expires.

105.3 AMSA must, not later than 1 month after AMSA receives the application, undertake a training course audit of the applicant under Division 10.3.

105.4 If an approved pilotage training provider applies to renew an approval under this provision, the approval remains in force until the application is decided.

105.5 If the applicant does not comply with a requirement under Subdivision 10.3, AMSA must refuse to consider the application.

106 Decision on application for renewal

106.1 This provision applies if AMSA receives an application for renewal of a pilotage training course under provision 105.

106.2 AMSA must renew the approval only if satisfied that the training course audit shows the approved pilotage training provider complies with this Division.

106.3 AMSA must, not later than 3 months after AMSA receives the application:

(a) decide the application for renewal; and

(b) tell the approved pilotage training provider, in writing, about the decision on the application.

106.4 AMSA must:

(a) renew the approval; or

(b) refuse to renew the approval.

106.5 AMSA must not renew an approved pilotage training course approval unless satisfied that the training course audit undertaken for the application shows the systems of the applicant comply with this Division.

106.6 Provision 106.5 does not limit the matters AMSA may consider.

106.7 If AMSA does not renew the approved pilotage training course approval of the applicant within 3 months after receiving the application, AMSA is taken to have refused to renew the approval.

107 Syllabus to be published by AMSA

AMSA must publish:

(a) the syllabus of approved pilotage training courses; and

(b) a list of approved pilotage training providers; and

(c) the approved pilotage training courses provided by approved pilotage training providers.

Note For approved pilotage training course syllabus etc — see http://www.amsa.gov.au.

Subdivision 10.3 Auditing

108 When training course audit conducted

AMSA, or an approved auditor on behalf of AMSA, may conduct a training course audit of a person if:

(a) the person applies for an approved pilotage training course approval under provision 100;

(b) the person applies for a renewal of an approved pilotage training course approval under provision 105;

(c) AMSA considers it otherwise necessary to conduct an audit.

109 Who can conduct audit

109.1 For an audit required by AMSA, AMSA may engage a person (an approved auditor) to perform the audit on behalf of AMSA.

109.2 This provision does not prevent AMSA from conducting an audit itself.

110 Reason for auditing

110.1 An audit under this Subdivision may be conducted for the purpose of:

(a) substantiating information provided to AMSA; or

(b) deciding whether the person has complied with the Act or the conditions of the person’s approval.

110.2 An audit under this Subdivision may be conducted for the purpose of identifying:

(a) compliance with provisions of this Division; or

(b) compliance with any conditions on holding an approved pilotage training course approval.

110.3 An audit under this Subdivision may review all aspects of the training course that are relevant to this Part, including the following:

(a) adequacy of any bridge simulator training that is part of the course;

(b) qualifications of people teaching the course;

(c) course material;

(d) facilities used by the training course provider for the course.

111 Powers not limited by training course audit provisions

This Subdivision does not limit the power of AMSA to inquire into the activities of an approved pilotage training provider.

112 Requirement to comply

A person who is the subject of an audit under this Subdivision must comply with the reasonable requirements of the person undertaking the audit.

Division 11 Torres Strait compulsory pilotage area

113 Torres Strait compulsory pilotage area — Act, s 186H (1)

For the Act, section 186H (1), Torres Strait is a compulsory pilotage area.

Division 12 Administration of Part

114 Prescribed information for exemption from pilot requirement — Act, s 186K (2) (b)

For the Act, section 186K (2) (b), the following information is prescribed:

(a) the name and address of the applicant;

(b) the name and address of the operator;

(c) ship name, IMO number and flag;

(d) ship type (bulk carrier, general cargo ship, oil tanker, chemical tanker, gas carrier and others);

(e) principal dimensions (length overall, breadth extreme, maximum depth, maximum draught, etc);

(f) loaded draught during navigation in the compulsory pilotage area;

(g) hull material;

(h) the ship’s general arrangement and tank capacity plans;

(i) details of navigational and communication equipment;

(j) name of the master and navigational watch-keepers who will be on watch at any time during which the ship is in a compulsory pilotage area;

(k) qualifications of the master and navigational watch-keepers and details of his or her recent navigational experience in the compulsory pilotage area;

(l) details of the bunkers that the ship intends to carry during the ship’s navigation of the compulsory pilotage area;

(m) details of cargo that the ship intends to carry during the ship’s navigation of the compulsory pilotage area;

(n) details of ballast that the ship intends to carry during the ship’s navigation of the compulsory pilotage area.

115 Meaning of reviewable decision — Division 12

reviewable decision means a decision mentioned in Schedule 3.

116 Internal review of decisions

116.1 This provision applies to a person (the affected person) who is affected by a reviewable decision.

116.2 If a person (the decision maker) makes a reviewable decision, the decision maker must give a reviewable decision notice to each entity mentioned in Schedule 3 for the decision.

116.3 An affected person may apply, in writing, to AMSA for review of the decision no later than 3 months after the affected person receives notice of the decision.

116.4 AMSA may:

(a) affirm the original decision by the decision maker; or

(b) make any decision that could be made by the decision maker under this Part.

116.5 AMSA must tell the applicant, in writing, of the decision no later than 1 month after the application for internal review was received.

117 Review by AAT

117.1 A person affected by a decision under provision 116.4 may apply to the Administrative Appeals Tribunal for review of the decision.

117.2 The notice of a decision by AMSA under provision 116.5 must include:

(a) a statement to the effect that, if the person making the application 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; and

(b) a statement to the effect that the person may request a statement under section 28 of that Act.

117.3 Failure to comply with 117.2 in relation to a decision does not affect the validity of that decision.

118 Power to extend time when decision making

118.1 If a time limit applies for doing something under this Part, a person other than AMSA may apply to AMSA for an extension of time regardless of whether the time limit has passed.

118.2 AMSA may give an extension of time even if the time limit has passed.

119 Approved forms

119.1 Under the Act, section 6F, AMSA may approve forms for this Part.

119.2 If AMSA approves a form for a particular purpose, the approved form must be used for that purpose.

119.3 An approved form must be placed on the AMSA website.

Division 13 Transitional provisions

120 Pilotage provider licences

120.1 A document of compliance issued under Marine Order Part 54, issue 4 that was in force immediately before the commencement of this issue:

(a) is taken to be a pilotage provider licence issued under this Part; and

(b) expires on 29 February 2012.

120.2 A person who holds a document of compliance issued under Part 54, issue 4, in force immediately before the commencement of this issue, who has undertaken an audit under Marine Order Part 54, issue 4 in the 12 months immediately before the commencement of this Part, is taken to have undertaken an annual compliance audit under this Part for the compliance period commencing at the time this Part comes into effect.

121 Licensed pilots

A pilot licence issued under Marine Order Part 54, issue 4 that is in force immediately before the commencement of this Part remains in force for the term stated in the licence and is taken to have been issued under this Part.

122 Pilot launches

122.1 Schedule 1, clause 1.4 (b) does not apply to a pilot launch until 1 January 2013 if:

(a) the launch complied with Marine Order Part 54, issue 4 on 30 June 2011; and

(b) the deck that is used for access to the pilot transfer position is clear and free of obstructions.

122.2 Schedule 1, clause 1.4 (b) does not apply to a pilot launch until 1 January 2015 if:

(a) the launch complied with Marine Order Part 54, issue 4 on 30 June 2011; and

(b) the deck that is used for access to the pilot transfer position:

(i) is clear and free of obstructions; and

(ii) has a width between the gunwale and superstructure of at least 600 mm.

123 Training

A person approved to provide training under Marine Order Part 54, issue 4, in force immediately before 1 July 2011, is taken to hold an approval under Division 10 and is taken to have been approved to provide the training under Division 10.

124 Helicopter underwater escape training

Schedule 1, clause 1.10.4 does not apply until 1 July 2012.

125 Division expiry

This Division expires on 1 January 2015.

Schedule 1 Pilot transfer standards

(see pr 6, definition of pilot transfer standards)

Division 1.1 Preliminary

1.1 Application

Subject to provision 122, this Division applies to a person operating, or involved in the operation of, a pilot launch at the time this Part commences.

Division 1.2 Pilot launch manning

1.2 Manning

A pilot launch must:

(a) be manned in accordance with its survey requirements; and

(b) be manned by at least 2 people; and

(c) have a crew trained in all aspects of pilot transport, transfer and safety; and

(d) have a crew that hold qualifications required for the launch.

Division 1.3 Pilot launches

1.3 Seaworthiness

A pilot launch must be constructed so that it:

(a) can facilitate the transfer, embarkation and disembarkation of pilots safely, in reasonable comfort and without exposing a pilot or crew to undue stress or fatigue; and

(b) provides for manoeuvrability and reserve power to safely manoeuvre alongside other vessels during pilot transfer; and

(c) provides for sea-keeping qualities for operating in heavy sea, swell and wind conditions, that can reasonably be expected in the pilotage area during continuous pilotage operations; and

(d) conforms with this Schedule.

1.4 Construction

A pilot launch must:

(a) be built with strengthening to absorb heavy impacts when coming alongside ships that are underway; and

(b) have the deck that is used for access to the pilot transfer position, clear and free of obstructions and with a width between the gunwale and superstructure of at least 750 mm; and

(c) have the pilot transfer position forward of the wheelhouse; and

(d) not have a petrol engine fitted.

1.5 Fittings

A pilot launch must be fitted with:

(a) for each crew on board the launch and for each pilot carried so that all people on board the launch may be seated simultaneously — 1 impact absorbing seat fitted with adjustable suspension and dampers to reduce shock loads and vibration; and

(b) seats allowing comfortable access to any controls and equipment required to be used by the launch master, crew or pilots; and

(c) a working air conditioner that can maintain a temperature in the range of 21°‑25°C inside the cabin in all ambient weather conditions in the area of operation; and

(d) sound proofing so that ambient noise levels inside the accommodation, except the engine space, do not exceed 85 db when measured:

(i) at the height approximately equal to the level of a person’s head while sitting in the impact absorbing seats provided; and

(ii) with the engines running at normal sea-going operating revolutions

(iii) with the doors closed; and

(iv) with the air conditioner running.

1.6 Design requirements

A pilot launch must be constructed to provide:

(a) visibility from the launch master’s normal driving position so that the pilot and deck hand can be seen when they are outside the cabin; and

(b) windows that are constructed so that at no stage a pilot or deck hand while moving from the cabin to the pilot transfer position, or while transferring the pilot’s bags to or from the ship, are hidden from the view of the launch master when in the normal driving position; and

(c) visibility from the launch master’s normal driving position to allow the pilot to be seen from the time of leaving the deck of the pilot launch and when ascending or descending the pilot ladder; and

(d) the helm, engine controls and all other launch handling controls to be at the normal driving position; and

(e) that normal access from the open deck to accommodation space provided for use of pilots not be through a forward facing weather tight door; and

(f) all external walkways with an efficient non-slip surface; and

(g) the external colour to be substantially a highly visible colour and clearly marked with the word ‘Pilot’ on both sides of the ship in letters not less than 300 mm high.

1.7 Equipment

A pilot launch must be fitted with all of the following equipment:

(a) fendering that:

(i) allows the pilot launch to come alongside ships underway in all normal operating conditions without sustaining damage; and

(ii) does not interfere, obstruct or hinder pilot transfer; and

(iii) is continuous along gunwales; and

(iv) is not constructed using tyres or equipment similar to tyres, which can become fouled on the pilot ladder or recovery line;

(b) on-board lighting;

(c) lighting that enables the sea, within 5 m of the ship, to be illuminated to assist with man overboard recovery;

(d) a searchlight of at least 1 million candela that is:

(i) operated from the launch master’s position; and

(ii) capable of illuminating the sea’s surface in all directions up to 100 m from the pilot launch;

(e) safety handrails on deck and inside the accommodation that are:

(i) capable of withstanding a load in either the vertical or horizontal direction of at least 1.2 kN; and

(ii) situated both inside and outside of the cabin so that a person can leave any of the impact absorbing seats provided in the cabin and move to the pilot transfer area with the continuous aid of the handrails;

(f) an uninterrupted, continuous safety rail system, onto which the lanyard or webbing strap mentioned in Division 1.8 may be attached, that:

(i) is located on each side of the accommodation to the pilot transfer area; and

(ii) is capable of withstanding a load in either the vertical or horizontal direction of at least 1.2 kN; and

(iii) allows a person in a safety harness to move freely along the safety rail without requiring the person to adjust his or her harness;

(g) windscreen wipers situated in front of the launch master that are effective in rough weather and a fixed system for applying fresh water to the area of the forward windows covered by the wipers;

(h) echo sounder, radar, GPS plotter for navigation and event marking, compass with current deviation card, horn, VHF radio, 406 MHz EPIRB, automatic identification system (AIS), 2 way external broadcast system, a Maritime Survivor Locating System (MSLS) operating on 121.5 MHz (AS/NZS 4869.1) or on frequencies other than 121.5 MHz (AS/NZS 4869.2) and appropriate current navigation publications and charts of the operating area;

(i) an efficient means of recovering an unconscious person from the water that:

(i) is capable of being operated by 1 person; and

(ii) is capable of lifting onboard a person with a mass of at least 150 kg; and

(iii) for a recovery system that is a power operated stern platform — has controls situated adjacent to the recovery position if the recovery platform is not visible from the launch master’s normal driving position; and

(iv) includes a boat hook or recovery crook to assist with the recovery.

1.8 Personal protective equipment

A pilot or crew member working on deck of a pilot launch must be provided with:

(a) a personal floatation device (PFD) that:

(i) is fitted with a self-activating light, whistle, strobe light, 406 MHz personal locator beacon with GPS capability, MSLS transmitter and a stainless steel ring or other arrangement, for clipping onto the safety rail system; and

(ii) meets the requirements of any of the following National Standards:

(A) Australian Standard AS 4758;

(B) ISO 12402-1;

(C) European Standard EN399-1993 Lifejackets-275N;

(D) European Standard EN396-1993 Lifejackets-150N;

(E) New Zealand Standards NZ5823:2005 Type 401; and

(b) a lanyard or webbing strap capable of withstanding a load of 1.2 kN and capable of securely clipping on to the PFD and the safety rail system.

Note 1 for par (a) A MSLS transmitter is a portable transmitting device that sends an alert signal to an MSLS receiver.

Note 2 for par (a) Pilots and pilot launch crew must wear additional personal protective equipment as specified in the Pilotage Provider Safety Management System.

1.9 Operation

1.9.1 A person operating or involved in the operation of a pilot launch (including the owner, charterer, launch master, pilot and crew members) must ensure that the ship is operated safely.

1.9.2 If a pilot launch is more than 8 m long, the following must be kept onboard the launch:

(a) the operational manual for the launch;

(b) the technical manual for the launch;

(c) the plans for the launch;

(d) the maintenance and service manual for the launch;

(e) the marine occupational health and safety manual for the launch;

(f) the safety management system for the launch.

1.9.3 Manuals and plans for the pilot launch must be available to the launch master, crew and pilots.

1.9.4 Every pilot launch crew member must have a working knowledge of the manuals and plans relevant to the member’s role.

1.9.5 The pilot launch must operate under an approved safety management system.

1.9.6 The pilot launch safety management system must:

(a) contain documented procedures detailing the training, induction and familiarisation that a pilot and pilot launch crew must undergo before commencing transfers by launch; and

(b) document the frequency of refresher training, induction and familiarisation; and

(c) include a schedule of emergency drills; and

(d) include a schedule of man overboard drills that must be conducted at intervals of no more than 3 months; and

(e) set out the weather or sea conditions and any other criteria that may affect safe operations of a pilot launch; and

(f) state the maintenance requirements that must be complied with; and

(g) state the method to report incidents involving the launch; and

(h) keep records and certificates relevant to the pilot launch in accordance with the safety management system.

Division 1.4 Transfers by helicopter

1.10 Helicopter standard

1.10.1 A helicopter used for pilot transfers to or from a ship must be licensed, manned and maintained in accordance with the relevant Civil Aviation Safety Authority regulations in force at the time of pilot transfer.

1.10.2 The pilotage provider’s safety management system must:

(a) contain documented procedures detailing the training, induction and familiarisation that a pilot must undergo before commencing transfers by helicopter; and

(b) document the frequency of refresher training, induction and familiarisation.

1.10.3 Each pilot carried by helicopter during pilot transfer must be provided with an inflatable lifejacket approved by CASA that is also fitted with a 406 MHz personal locator beacon with GPS capability.

1.10.4 A pilot must not be transferred by helicopter to or from a ship unless the pilot holds a current helicopter underwater escape training certificate issued by a person recognised by AMSA.

1.10.5 A pilot must undergo a safety briefing conducted by the helicopter pilot before each flight.

Schedule 2 Check pilot conditions

(see pr 95)

2.1 Meaning of check pilot voyage

A check pilot voyage is a voyage on which the pilot’s competency is being assessed by a check pilot.

2.2 Performance criteria and checklists

AMSA must:

(a) approve performance criteria and a checklist for this Schedule; and

(b) publish the criteria and checklist on AMSA’s website.

Note AMSA’s website is http://www.amsa.gov.au.

2.3 Check pilots to be independent

To the extent practicable, the pilot on a check pilot voyage should not be employed or contracted by the same pilotage provider as the check pilot.

2.4 Check pilot voyage considered voyage

A check pilot voyage counts as a transit of the pilotage area where it occurred for both the pilot and the check pilot.

2.5 Planning check pilot voyage

Before embarking on a check pilot voyage, the check pilot must:

(a) plan the assessment in accordance with the performance criteria determined by AMSA; and

(b) make records of the planning mentioned in paragraph (a).

Note The performance criteria are available on AMSA’s website.

2.6 Check pilot must advise performance criteria

Before embarking on a check pilot voyage, the check pilot must tell the pilot what the performance criteria are.

2.7 Checklist

The check pilot may use a checklist approved by AMSA or a checklist that includes the performance criteria within the approved checklist.

Note The performance criteria are available on AMSA’s website.

2.8 Pilot to be in control at all times

During a check pilot voyage the pilot must be responsible for the conduct of the voyage at all times.

2.9 Check pilot to be on bridge

The check pilot must be on the bridge at all times that the pilot is on the bridge during the check pilot voyage.

2.10 Conclusion of assessment

At the conclusion of a check pilot voyage:

(a) the check pilot and pilot must sign the checklist used on the voyage; and

(b) the check pilot must give the completed checklist and completed pre-assessment plan to AMSA no later than 14 days after the completion of the voyage; and

(c) the check pilot must de-brief the pilot and, if necessary, discuss remedial action with the pilot.

2.11 Critical finding in assessment

If a check pilot makes a critical finding about the pilot’s performance, the pilot is not taken for that reason alone to be incompetent or incapable, rather it is a statement that, in the check pilot’s professional opinion, there is room for improvement.

2.12 Unsatisfactory assessment to be reported

If a check pilot makes a critical finding of a pilot on a check pilot voyage, the check pilot must tell the pilot, the pilot provider and AMSA no later than 5 days after the assessment.

2.13 Assessment review

If a check pilot tells AMSA of a critical finding for a pilot on a check pilot voyage under clause 2.12, AMSA must:

(a) separately interview the check pilot and the pilot about the assessment; and

(b) arrange for another check pilot voyage to be undertaken by the pilot with a different check pilot nominated by AMSA; and

(c) after the assessment mentioned in paragraph (b) — undertake a competency assessment to determine whether further action is necessary; and

(d) tell the pilot and the pilot provider of the outcome.

2.14 Documents to be kept

A check pilot must:

(a) keep each record created for this Schedule for 2 years; and

(b) then give the record to AMSA.

2.15 AMSA to ensure consistency in assessment

To ensure consistency in the assessment of pilots, AMSA may review assessments conducted by a check pilot or be present during the conduct of an assessment on a check pilotage voyage or through a competency assessment.

Schedule 3 Reviewable decisions

(see Division 1)

Notes to the Marine Orders Part 54, issue 5

Note 1

Note: Marine Orders Part 54, issue 5 (in force under the Navigation Act 1912) as shown in this compilation comprise Marine Orders Part 54, issue 5 amended as indicated in the following tables.

Note: > Note: Table of

Orders

Note: > Note: Table of amendments

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td colspan="2" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:84.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:329.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Table 36.3</span><span style="width:70.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.............</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>53</span><span style="width:103.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>54</span><span style="width:103.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>75</span><span style="width:103.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>82</span><span style="width:103.39pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>120</span><span style="width:98.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>122</span><span style="width:98.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>124</span><span style="width:98.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>rs. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>125</span><span style="width:98.38pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:329.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. 2011/13</span></p></td></tr><tr><td style="width:84.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>Schedule 1</span><span style="width:68.36pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">............</span></p></td><td style="width:329.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2011/13</span></p></td></tr></tbody></table>