Version incorporating amendments as at
1 July 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Definitions 1
Part 2—Fees 2
Division 1—Vessels 2
5 Fee for boating facilities and safety education 2
6 Fee for transfer of registration of a vessel 2
7 Fee for special identification plate 2
Division 2—Marine licences and endorsements 3
8 Fee for grant or renewal of marine licence or endorsement 3
9 Fee for replacement marine licence 4
10 Fee for search of records of marine licences 4
11 Marine licence knowledge test fee 4
12 Refund of fee on cancellation of marine licence 4
Division 3—Local knowledge certificates 5
13 Fee for issue or renewal of local knowledge certificate 5
14 Fee for duplicate of local knowledge certificate 5
15 Examination fees for local knowledge certificates 5
Division 4—Pilotage 5
16 Fee for application for pilot licence 5
17 Fee for grant of pilot licence 5
18 Fee for duplicate of pilot licence 6
19 Examination fees for pilot licences 6
20 Fee for application for grant or renewal of pilot exemption 7
21 Fee for grant or renewal of pilot exemption 7
22 Fee for duplicate of pilot exemption 7
23 Fee for conduct of examination by the Safety Director for grant or renewal of pilot exemption 8
24 Application for registration as a pilotage services provider 9
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Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Explanatory details 13
Version No.002
Marine Safety (Fees) Regulations 2021
S.R. No. 78/2021
Version incorporating amendments as at
1 July 2023
Part 1—Preliminary
1 Objective
The objective of these Regulations is to make provision for fees that may be charged under the in relation to—
Marine Safety Act 2010
(a) vessels; and
(b) marine licences and endorsements; and
(c) local knowledge certificates; and
(d) pilotage.
2 Authorising provisions
These Regulations are made under sections 309, 310 and 312 of the Marine Safety Act 2010.
3 Commencement
These Regulations come into operation on 7 July 2021.
4 Definitions
In these Regulations—
declared port waters has the same meaning as in the Marine Safety Regulations 2012[1];
length has the same meaning as in the Marine Safety Regulations 2012;
the Act means the Marine Safety Act 2010.
Part 2—Fees
Division 1—Vessels
5 Fee for boating facilities and safety education
The fee payable for boating facilities and safety education for a vessel of a type specified in Column 2 of the following Table, is the amount specified in Column 3 of that Table opposite that type of vessel.
Table
Column 1<br>Item
Column 2<br>Type of vessel
Column 3<br>Fee
1
For a recreational vessel up to and including 4·0 metres in length powered with an engine
2⋅9 fee units for each year
2
For a recreational vessel over 4·0 metres in length powered with an engine
6⋅05 fee units for each year
6 Fee for transfer of registration of a vessel
The fee payable by a person who acquires a registered vessel is 1⋅28 fee units.
Note
See regulation 18 of the Marine Safety Regulations 2012 for the obligations on a person acquiring a vessel.
7 Fee for special identification plate
The fee payable for the issue of a special identification plate in respect of a vessel is 1⋅28 fee units.
Note
See regulation 25 of the Marine Safety Regulations 2012 for the requirements and process for applying for the issue of a special identification plate.
Division 2—Marine licences and endorsements
Reg. 8 amended by S.R. No. 66/2023 reg. 4(1)(2) (ILA s. 39B(2)).
8 Fee for grant or renewal of marine licence or endorsement
(1) Subject to subregulation (2), the fee payable for the grant, renewal or endorsement of a marine licence or restricted marine licence of a class specified in Column 2 of the following Table, is the amount specified in Column 3 of that Table opposite that class of licence or endorsement.
Table
Column 1<br>Item
Column 2<br>Class of marine licence or endorsement
Column 3<br>Fee
1
General marine licence
2⋅5 fee units for each year
2
Restricted marine licence
1⋅25 fee units for each year
3
Endorsement on a general marine licence
$5.10 for each year
4
Endorsement on a restricted operator licence
$2.50 for each year
Reg. 8(2) inserted by S.R. No. 66/2023 reg. 4(2).
(2) The fee payable for the grant, renewal or endorsement of a general marine licence of a class specified in items 1 and 3 of Column 2 of the Table in subregulation (1) is nil if—
(a) the applicant is an eligible veteran; and
(b) the applicant notifies the Safety Director that the applicant is an eligible veteran before the date of commencement of the grant, renewal or endorsement.
Reg. 8(3) inserted by S.R. No. 66/2023 reg. 4(2).
(3) In this regulation—
eligible veteran has the same meaning as in regulation 5 of the Road Safety (Vehicles) Regulations 2021[2].
9 Fee for replacement marine licence
The fee payable for the issue of a replacement marine licence document to replace one which has been stolen, lost, damaged, destroyed, or rendered illegible in any way is 1·56 fee units.
Note
See regulation 49 of the Marine Safety Regulations 2012 for the requirements and process for issuing a replacement marine licence document.
10 Fee for search of records of marine licences
The fee payable to request a search of the records of marine licences and to obtain a certificate as to any matter appearing in the records in relation to the person requesting the search is $6.60.
Note
See regulation 52 of the Marine Safety Regulations 2012 in relation to records of marine licences.
11 Marine licence knowledge test fee
A fee of 1·95 fee units must be paid to the Safety Director for a person to sit a test the person is required by the Safety Director to undergo under section 53(2), 54(2) or 55(5) of the Act.
12 Refund of fee on cancellation of marine licence
If the Safety Director cancels a person's marine licence under regulation 55(4) of the Marine Safety Regulations 2012, the Safety Director may refund part of the fee for the issue of the marine licence, calculated in accordance with the formula—
where—
**A** is the unexpired number of months of duration of the marine licence; and
**B** is the total number of months for which the marine licence was granted; and
**C** is the amount paid for the marine licence.
Division 3—Local knowledge certificates
13 Fee for issue or renewal of local knowledge certificate
A fee of 4⋅6 fee units must be paid to the Safety Director for the issue or renewal of a local knowledge certificate.
14 Fee for duplicate of local knowledge certificate
A fee of 4⋅6 fee units must be paid to the Safety Director for the issue of a duplicate of a local knowledge certificate.
15 Examination fees for local knowledge certificates
(1) A fee of 3⋅34 fee units for each examination is payable by a person who sits a written examination conducted by, or on behalf of, the Safety Director for the issue of a local knowledge certificate.
(2) A fee of 6⋅7 fee units for each examination is payable by a person who sits an oral examination conducted by, or on behalf of, the Safety Director for the issue of a local knowledge certificate.
Division 4—Pilotage
16 Fee for application for pilot licence
For the purposes of section 251(2)(b)(ii) of the Act, the prescribed fee is 1·54 fee units.
17 Fee for grant of pilot licence
A fee of 4⋅6 fee units must be paid to the Safety Director for the grant of a pilot licence.
18 Fee for duplicate of pilot licence
A fee of 4⋅6 fee units must be paid to the Safety Director for the issue of a duplicate of a pilot licence.
19 Examination fees for pilot licences
A person who sits an examination for the grant, variation or renewal of a pilot licence for the ports and channels described in Column 2 of the following Table, must pay to the Safety Director the amount specified in Column 3 of that Table opposite that port or channel.
Table
Column 1<br>Item
Column 2<br>Ports and channels
Column 3<br>Fee
1
Port of Melbourne waters, Port of Hastings waters, declared port waters of the Port of Portland and declared port waters of the Port of Geelong
105⋅5 fee units
2
Port of Melbourne waters, declared port waters of the Port of Portland and declared port waters of the Port of Geelong
84⋅45 fee units
3
Port of Melbourne waters, Port of Hastings waters and declared port waters of the Port of Geelong
84⋅45 fee units
4
Port of Melbourne waters and declared port waters of the Port of Geelong
63⋅3 fee units
5
Port of Melbourne waters and Port of Hastings waters
63⋅3 fee units
6
Port of Melbourne waters and declared port waters of the Port of Portland
63⋅3 fee units
7
Declared port waters of the Port of Portland and Port of Hastings waters
42⋅2 fee units
8
Declared port waters of the Port of Geelong and declared port waters of the Port of Portland
42⋅2 fee units
9
Port of Melbourne waters (both channels)
42⋅2 fee units
10
Port of Melbourne waters (one channel)
24⋅75 fee units
11
Declared port waters of the Port of Geelong
24⋅75 fee units
12
Port of Hastings waters
24⋅75 fee units
13
Declared port waters of the Port of Portland
24⋅75 fee units
20 Fee for application for grant or renewal of pilot exemption
(1) For the purposes of section 253(2)(b)(ii) of the Act, the prescribed fee is 1·54 fee units.
(2) In addition, a fee of 1·54 fee units must be paid to the Safety Director for considering an application for the renewal of a pilot exemption.
21 Fee for grant or renewal of pilot exemption
A fee of 4·6 fee units must be paid to the Safety Director for the grant or renewal of a pilot exemption.
22 Fee for duplicate of pilot exemption
A fee of 4·6 fee units must be paid to the Safety Director for the issue of a duplicate of a pilot exemption.
23 Fee for conduct of examination by the Safety Director for grant or renewal of pilot exemption
A person who sits an examination for the grant or renewal of a pilot exemption for the ports and channels described in Column 2 of the following Table, must pay to the Safety Director the amount specified in Column 3 of that Table opposite that port or channel.
Table
Column 1<br>Item
Column 2<br>Ports and channels
Column 3<br>Fee
1
Port of Melbourne waters, Port of Hastings waters, declared port waters of the Port of Portland, and declared port waters of the Port of Geelong
105⋅5 fee units
2
Port of Melbourne waters, declared port waters of the Port of Portland and declared port waters of the Port of Geelong
84⋅45 fee units
3
Port of Melbourne waters, Port of Hastings waters and declared port waters of the Port of Geelong
84⋅45 fee units
4
Port of Melbourne waters and declared port waters of the Port of Geelong
63⋅3 fee units
5
Port of Melbourne waters and Port of Hastings waters
63⋅3 fee units
6
Port of Melbourne waters and declared port waters of the Port of Portland
63⋅3 fee units
7
Declared port waters of the Port of Portland and Port of Hastings waters
42⋅2 fee units
8
Declared port waters of the Port of Geelong and declared port waters of the Port of Portland
42⋅2 fee units
9
Port of Melbourne waters (both channels)
42⋅2 fee units
10
Port of Melbourne waters (one channel)
24⋅75 fee units
11
Declared port waters of the Port of Geelong
24⋅75 fee units
12
Port of Hastings waters
24⋅75 fee units
13
Declared port waters of the Port of Portland
24⋅75 fee units
24 Application for registration as a pilotage services provider
For the purposes of section 240(2)(c) of the Act, the prescribed fee is 13·5 fee units.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Marine Safety (Fees) Regulations 2021, S.R. No. 78/2021 were made on 6 July 2021 by the Governor in Council under sections 309, 310 and 312 of the Marine Safety Act 2010, No. 65/2010 and came into operation on 7 July 2021: regulation 3.
The Marine Safety (Fees) Regulations 2021 will sunset 10 years after the day of making on 6 July 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Marine Safety (Fees) Regulations 2021 by statutory rules, subordinate instruments and Acts.
Reg. 4 definition of declared port waters: S.R. No. 45/2012 as amended by S.R. Nos 102/2013, 153/2015, 158/2015, 143/2016, 74/2017, 138/2017, 101/2018, 61/2019, 146/2019 and 63/2020. ↑
Reg. 8(3) definition of eligible veteran: S.R. No. 116/2021 as amended by S.R. Nos 47/2022, 51/2022, 129/2022, 130/2022, 53/2023, 54/2023 and 67/2023.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑