Shipping and Pilotage (Ports and Harbours) Regulations 1966

The Regulations revolve around a few core legal and operational concepts reflected in defined terms and discrete regulatory regimes.

Declared ports: An area of water or land and water listed in Schedule 1A Division 1 is a port for the purposes of the Act (r. 5A). The Schedule identifies named ports and the plans that delimit them.

Pilotage and pilots: Pilotage areas are the spatial units in which pilots and exempt masters operate. A licensed pilot is defined by reference to holding a licence under Part 5 and any size conditions attached to it (defined term, r. 4). It is an offence to act as a pilot without a licence unless acting as a trainee under direct supervision of a licensed pilot (r. 9A). The licensing concept contains procedural and substantive eligibility building blocks: application, fees, medical fitness (r. 9C(1)(c)), approved training and supervised trips (r. 9C(2)-(3)), CEO discretion on competency-based entry (r. 9C(4)), and licence conditions (r. 9D).

Pilotage exemption certificate (PEC): A PEC is an administrative authorisation issued by the CEO that permits a master to navigate specified vessels in specified pilotage areas without engaging a licensed pilot (r. 16, r. 16H). Entitlement is conditioned on residency/immigration status or NZ citizenship (r. 16(a)), passing written/oral and practical port knowledge and ship-handling examinations (r. 16B), medical fitness (r. 16C), trip-based eligibility (r. 16A), and payment of the per-port fee (r. 16(d)). Certificates are limited by maximum vessel length (r. 16D-16E), by crew nationality/industrial instrument compliance (r. 16F), and may be suspended or cancelled by the CEO or harbour master in specified circumstances (r. 16G, 16M).

Harbour master and CEO powers and discretion: The Minister appoints harbour masters and may set conditions (rr. 5B-5D). The harbour master has wide operational control in port: direction of anchoring, mooring, movement, berthing and appointing places to anchor or berth (r. 19). The CEO has licensing and certificate administration powers including condition-setting (r. 9D), suspension/revocation (r. 9H), record-keeping (r. 16I), and overall conservancy dues administration (r. 18).

Conservancy dues and tonnage: Conservancy dues are levied on most commercial visitors to ports, with specific exemptions listed in r. 18(1) and dues calculated in Schedule 3 Division 2. The Regulations set out how gross registered tonnage is to be determined where conflicting tonnage documents exist or none are standard (r. 18A).

Safety regimes and signalling: Specified signals are mandated for pilotage, medical assistance, tugs, hazardous cargo, dredger operations and other messages. The schedules set day and night signals and the Regulations prohibit misuse (rr. 6-8; Sch. 2). Oil-vessel rules (rr. 30-48) create detailed safety steps while handling inflammable liquids: notices, written permissions, mooring instructions, no-smoking and barricading requirements.

Penalties and enforcement: A specific penalty is attached to acting as a pilot without a licence (r. 9A). A general offence provision imposes a default fine for contraventions not otherwise penalised (r. 51). Police powers to board and inspect vessels for enforcement are stated in r. 49. The harbour master may move vessels at the owner’s cost where orders are not complied with (r. 19(4)), and has power in extreme situations to order scuttling (r. 22).

Registers, records and documentary proof: The CEO must maintain a register of PECs (r. 16I). PEC holders must keep a pilotage exemption record book in the form specified (r. 16J; Sch. 6 Form 2). Masters must produce certificate of registry and tonnage documents on demand (r. 18(5)) and certain tonnage documents are listed in Schedule 5 for particular countries (Sch. 5).

Administrative review and appeals: Several CEO decisions are reviewable by the State Administrative Tribunal (r. 9I). For PEC cancellations or suspensions under particular grounds, the exempt master may appeal to the Minister (r. 16N).

Together these concepts create a regulatory architecture balancing centralised administrative decision-making (CEO, Minister) with substantial local operational discretion for harbour masters, fixed duties and recordkeeping for masters and pilots, and a fee/charge regime for port conservancy services.

The Regulations allocate obligations and financial liability across identified groups; the primary affected parties are masters and owners of vessels, licensed pilots and trainee pilots, exempt masters (PEC holders), harbour masters and other port authority staff, the CEO of the administering Department, the Minister, and third parties such as police.

Masters and owners of vessels: Masters carry the primary duty to comply with operational requirements (r. 50). They must comply with harbour master directions (r. 19(1)), pilot boarding requirements (r. 10), declare draught on request (r. 11), arrange gangways and safety nets when berthed (r. 23), comply with anchoring and mooring directions (r. 21), manage waste and refuse (r. 27) and follow other port conduct rules (rr. 20-29). Financially, masters or owners must pay conservancy dues where applicable (r. 18; Sch. 3 Div. 2), and may be made to pay pilotage charges if a PEC master fails to fly the required flag (r. 17(2)). The Regulations list categories of vessels exempt from conservancy dues (r. 18(1)), and set payment timing (r. 18(2)).

Licensed pilots and trainee pilots: Persons acting as pilots within pilotage areas must hold a licence unless training under direct supervision (r. 9A). Applicants pay an application fee (r. 9B) and must meet training, supervised-trip and medical fitness requirements (r. 9C(2)-(3)). Licensed pilots are subject to licence conditions (r. 9D) and to suspension or revocation for incompetence, misconduct, false representation, or failing medical fitness (r. 9H). Licensed pilots must sign supervising statements for trainees’ logbooks (r. 9C(3)).

Exempt masters (PEC holders): PEC holders must be eligible residents or New Zealand citizens (r. 16(a)), meet trip and examination requirements (r. 16A-16B), submit medical certificates and maintain the pilotage exemption record book (rr. 16C, 16J). PECs are port-specific (r. 16H) and carry conditions set by the CEO (r. 16E) or local harbour masters (r. 16G). PEC holders face cancellation or suspension by the CEO for specified offences or lack of competence (r. 16M) and have an appeal route to the Minister for certain grounds (r. 16N).

Harbour masters and the Minister: The Minister appoints harbour masters and deputy harbour masters, setting appointment conditions (rr. 5B-5D). Harbour masters exercise local control over vessel movement, anchoring, mooring and berthing (r. 19), may order the engagement of tugs (r. 19(5)), and can direct PEC holders to take a licensed pilot under risk circumstances (r. 16G). Harbour masters also have power to board and inspect and to move vessels at owner expense (r. 19(4)) and to require certain safety measures such as second pilots where visibility is impaired (r. 14(2)). The Minister decides appeals under r. 16N and appoints harbour masters under r. 5B.

The CEO and Department: The CEO issues licences and PECs (rr. 9B, 9C, 16, 16H), maintains the register of PECs (r. 16I), sets and enforces licence and certificate conditions (r. 9D, 16E), governs suspensions and revocations (r. 9H, 16M), and receives medical certificates (r. 9C(1)(c), r. 16C). The CEO’s decisions on licensing are reviewable by SAT where listed (r. 9I). The CEO also oversees the application of conservancy dues and tonnage determinations (r. 18, 18A).

Police and authorised enforcement personnel: Police have express powers to board and search vessels in ports to enforce the Regulations (r. 49) and may be obstructed only at penalty (r. 49(2)). Harbour masters and authorised Department officers endorse PEC record book entries (r. 16J(3)), and authorised persons may inspect tonnage and registry documents on demand (r. 18(5)).

Other affected parties: Tug masters must obey pilot orders when assisting a piloted vessel (r. 13). Oil-vessel operations impose controls on contractors and shore-side staff where inflammable liquids are loaded or discharged: notification obligations fall on agents or masters (r. 32), and shore operations must meet harbour master requirements for lighting, barricading and watchmen (rr. 35, 47-48).

Across these groups, the Regulations impose time-critical administrative obligations (e.g. renewal windows r. 9F(2)), financial outlays (licence and PEC fees r. 9B, r. 16(d); conservancy dues Sch. 3 Div. 2), recordkeeping demands (logbooks, PEC record book r. 16J, CEO register r. 16I), and compliance with local directions (harbour master powers r. 19).

The Regulations distribute duties primarily to masters, pilots, exempt masters and harbour masters, and allocate administrative rights to the CEO and Minister. Below are the core duties and the corresponding rights or administrative controls.

Masters’ duties (operational and safety):

• Obey harbour master orders and generally follow directions for safety and shipping interests (r. 19(1)). The harbour master controls anchoring, mooring, berthing and movement (r. 19(2)-(3)). If orders are not complied with, the harbour master may move the vessel at the master/owner’s risk and expense and break mooring lines if necessary (r. 19(4)).
• Take on a licensed pilot when required: A master must not cause or permit a vessel to enter or depart a pilotage area without a licensed pilot except where specified exemptions apply (r. 9). The list of exemptions includes vessels under 35 m length overall, training vessels on non-commercial voyages, and vessels under command of a master holding a valid PEC (r. 9).
• Facilitate pilot boarding and disembarkation: Masters must lay to on pilot boarding grounds and rig pilot ladders, lighting and manropes as required (r. 10). They must declare draught when requested (r. 11).
• Ensure gangways, safety nets and watchkeeping when berthed (r. 23), and observe waste disposal, fire and smoking prohibitions (rr. 25-29).
• For oil vessels, obtain written harbour master permission to load/discharge inflammable liquids (r. 33), display required flags and lights (r. 31), guard against unauthorised access during cargo operations (r. 36), enforce no-smoking rules (r. 37), maintain pipelines and ensure tanks are closed and ventilated (rr. 39-42), and comply with barricade and watch requirements (r. 48).

Exempt masters’ duties (PEC-specific):

• PEC eligibility requires demonstrated trip experience in command or as first mate (r. 16A), successful written/oral and practical examinations covering port knowledge and ship handling (r. 16B), and medical fitness (r. 16C).
• Use of the PEC is limited by maximum vessel length as determined by the harbour master and recorded in the certificate (r. 16D(1)-(2)). The CEO must not issue a certificate for a vessel larger than that in which the exempt master made qualifying trips (r. 16E(1)).
• PEC holders must enter each trip into the pilotage exemption record book and obtain endorsement by the harbour master or Department officer (r. 16J(2)-(3)). They must submit periodic certificates of health (r. 16C(2)).
• PECs may be invalidated for non-use of one year (r. 16K) and revalidated only by undertaking supervised trips under pilotage as specified (r. 16L).
• The harbour master may direct an exempt master to use a licensed pilot in circumstances of major works, hazardous cargo, or other circumstances that may impair safe navigation (r. 16G).

Licensed pilots’ duties:

• Pilots must hold a licence to act as a pilot in a pilotage area unless training under direct supervision (r. 9A).
• Applicants must satisfy training and supervised-trip requirements recorded in log books and verified by supervising pilots (r. 9C(2)-(3)).
• Licence holders must comply with licence conditions, including periodic medical submissions where imposed (r. 9D(3)), and may be restricted to vessel sizes reflecting their experience (r. 9D(4)). Non-compliance with licence conditions can lead to suspension or revocation (r. 9H).

Harbour master powers and duties:

• Harbour masters direct anchoring, mooring, berthing and the movement of vessels (r. 19(2)-(3)).
• They may require tugs for entering, departing or moving vessels and must do so if directed by the CEO (r. 19(5)).
• Harbour masters can require PEC holders to engage a licensed pilot in defined circumstances (r. 16G).
• Harbour masters may order the scuttling of a vessel if it cannot be removed and poses a danger (r. 22), and they may inspect oil vessels and impose conditions on oil operations (r. 47).

CEO and Minister administrative rights:

• The CEO issues and conditions pilot licences and PECs, receives medical certificates, keeps registers and may suspend or revoke licences and certificates on stated grounds (rr. 9B-9D, 9H, 16, 16I, 16M).
• The Minister appoints harbour masters (r. 5B) and determines appeals by exempt masters against CEO PEC cancellations or suspensions in specified circumstances (r. 16N).

Enforcement rights and penalties:

• Acting as a pilot without a licence attracts a specific fine of $10,000 (r. 9A).
• Where the Regulations do not specify a penalty, contraventions attract a general fine of $2,000 under r. 51.
• Police members have power to board and search vessels in ports to enforce the Regulations (r. 49).
• Where a PEC holder fails to fly the required white flag when within 5 nautical miles of port, the master or owner is liable to pay pilotage charges that would have been payable if a licensed pilot had been engaged (r. 17(2)).

Recordkeeping and documentation duties:

• Masters must produce certificates of registry and tonnage documents on demand (r. 18(5)). The Regulations list acceptable documents by country in Schedule 5.
• The CEO must maintain a register of PECs and note cancellations or suspensions (r. 16I).
• PEC holders must maintain the pilotage exemption record book and obtain endorsements (r. 16J).

These duties are enforced by explicit penalty rules, powers of inspection and administrative sanctions (suspension/cancellation). Several provisions vest discretion in the CEO and harbour masters to set or vary conditions (r. 9D(1)-(2), r. 5C, r. 16E(2), r. 16G), which is a key operational mechanism for adjusting obligations to local navigational risks.

The Regulations combine specific monetary penalties, a default penalty clause, administrative sanctions (suspension/cancellation), enforcement powers for police and harbour masters, and financial liability mechanisms.

Monetary penalties and default fine:

• Acting as a pilot without a licence is a specific offence with a prescribed penalty: a fine of $10,000 (r. 9A(1)). This is the largest expressly stated monetary penalty in the text.
• For contraventions where no specific penalty is provided, the default general offence provision imposes a fine of $2,000 (r. 51). Many offences referred to elsewhere that do not carry specific fines (for example dredger signal failures under r. 7(2)) will attract this general penalty.

Administrative sanctions (suspension, revocation, cancellation):

• The CEO may suspend or revoke pilot licences where the holder no longer meets licensing requirements, is incompetent, guilty of misconduct or obtained the licence fraudulently (r. 9H(1)(a),(c),(d),(e)). The CEO must give notice of proposed suspension/revocation, state findings of fact and allow written or oral representations before deciding (r. 9H(3)-(4)). The CEO must notify the harbour master of any suspension or revocation (r. 9H(5)).
• The CEO may impose licence conditions at issue or by later written notice and may require periodic certificates of health (r. 9D(1)-(3)). Failure to comply with licence conditions is grounds for refusal to renew (r. 9G).
• The CEO may cancel or suspend PECs for convictions or where the CEO believes on reasonable grounds that the exempt master contravened specified provisions or is no longer competent (r. 16M(1),(4)). The CEO must notify the person in writing with reasons for cancellation or suspension and particulars of grounds when applicable, and inform the exempt master of appeal rights where relevant (r. 16M(5)-(6)). Cancellation or suspension takes effect on service of the notice (r. 16M(7)).
• PEC holders have a right of appeal to the Minister against cancellation or suspension under specified grounds within 21 days; the Minister may confirm, reverse or modify the CEO decision, and the CEO must give effect to the Minister’s direction (r. 16N).

Operational enforcement powers:

• Harbour masters control vessel movement in ports and may order masters to move vessels. If orders are not complied with, the harbour master may move the vessel at the master’s or owner’s risk and expense, and may break anchoring lines to do so (r. 19(3)-(4)). This creates an enforcement mechanism involving private cost allocation for non-compliance.
• Harbour masters may require tugs for enter/depart/move operations and must do so if directed by the CEO (r. 19(5)). Failure to comply with harbour master directions may result in movement at the owner’s expense or other port-side measures.
• The harbour master may order scuttling of a vessel if it constitutes a danger and removal is impossible or itself dangerous (r. 22). The harbour master may also scuttle if the master fails to comply (r. 22).

Police powers:

• Members of the Police Force may board any vessel within a port where necessary for enforcement, and search and inspect the vessel and its machinery, equipment and cargo (r. 49(1)). Interfering with or obstructing a police officer acting under these powers is prohibited (r. 49(2)).

Specific liabilities and cost consequences:

• A master or owner who fails to fly the white flag when exercising PEC privileges within 5 nautical miles is liable to pay the pilotage charges that would have been payable if a licensed pilot had been obtained (r. 17(2)). This converts a procedural flagging requirement into an explicit financial liability.
• Conservancy dues are payable by masters or owners subject to the listed exemptions (r. 18). Schedule 3 Division 2 sets the amounts and timing; unpaid dues would fall within enforcement by the Department under r. 18 and r. 18(3)-(4) dealing with evidence and correction of claimed prior payments.

Evidence and records:

• The CEO requires supervising licensed pilots’ signed statements and verified trip logbooks for licensing (r. 9C(3)). PEC holders must present their pilotage exemption record book for endorsement after trips and for recording medical certificate submissions (r. 16J). These documentary requirements both enable administration and provide evidentiary foundations for enforcement action.

Review and external oversight:

• Selected CEO decisions are reviewable by the State Administrative Tribunal (r. 9I), listing (a)-(d): refusal to issue a licence (r. 9C), imposition/amendment of licence conditions (r. 9D), refusal to renew a licence (r. 9G), and suspension/revocation of a licence (r. 9H).
• PEC cancellations or suspensions under specified grounds permit appeal to the Minister (r. 16N), who must decide without delay.

Practical enforcement consequences:

• Many operational rules carry no bespoke monetary penalty but fall back on the general fine or administrative measures. The combination of administrative sanctions (licence/certificate suspension/cancellation), local harbour master powers to move vessels at the owner’s expense, and police inspection powers constitutes the principal enforcement architecture. Financial consequences for non-compliance can be immediate (payment of pilotage charges under r. 17(2), conservancy dues Sch. 3) or consequential (suspension or revocation affecting commercial ability to operate as a pilot or PEC holder).

Together, these provisions give the Department and harbour masters both administrative levers (licence/certificate control, conditions, local directions) and operational enforcement tools (vessel movement, scuttling in extreme cases, police boarding) to secure compliance, with monetary penalties set for certain core offences and a general default fine otherwise.

The Regulations both incorporate and reference Commonwealth and State instruments and refer to industrial and maritime documentation. The text itself sets out specific cross-references that determine legal interaction.

Navigation Act 1912 and Marine Orders: The Regulations require certain medical fitness certificates to be in the form of a “Certificate of Medical Fitness under Part 9 of the Marine Orders made under the Navigation Act 1912 (Commonwealth)” for both pilot licences and PECs (see definitions in r. 4 and specific requirements in r. 9C(1)(c) and r. 16). Thus Commonwealth medical standards under the Navigation Act framework are adopted for fitness determinations.

Shipping and Pilotage Act 1967: The Regulations are made under the Act and expressly implement sections of it: for example, r. 5A declares ports “for the purposes of the Act” (r. 5A). Several parts (e.g. marine safety plans) are noted as tied to amendments to the Act that commence on proclamation (note under Part 3). The Regulations operate as subordinate legislation implementing the Act’s pilotage, port control and conservancy powers.

Industrial relations laws and crewing requirements: PECs are valid only for vessels crewed in accordance with specified industrial instruments: an award or agreement under the Western Australian Industrial Relations Act 1979 or federal instruments under the Workplace Relations Act 1996 (Commonwealth), as noted in r. 16F. The footnote indicates that the cited Western Australian instrument was repealed and replaced over time, but the regulatory text conditions PEC validity on compliance with relevant industrial instruments, tying navigational authorisations to employment/crewing legal regimes.

Tonnage and international conventions: The Regulations refer to the International Tonnage Certificate (1969) and give it primacy for determining gross registered tonnage where one has been issued (r. 18A(2)). They also list acceptable national tonnage/registry documents by country in Schedule 5, and specify special treatment where a country is listed in Schedule 4 (r. 18A(1)(a)). These cross-references show interaction with flag-state documentation and the international measurement regime.

State laws listed in examination content: Regulation 16B requires applicants for PECs to have reasonable knowledge of several statutes, including these Regulations, the Shipping and Pilotage Act 1967, the Western Australian Marine Act 1982, and the Pollution of Waters by Oil and Noxious Substances Act 1987 (r. 16B(1)(d)(i)-(v)). That embeds knowledge of State law and pollution control regimes into the PEC eligibility standard.

Fish Resources Management Regulations and fishing licences: The conservancy dues regime makes special provision for fishing vessels licensed under the Fish Resources Management Regulations 1995 or equivalent licences in other jurisdictions (r. 18(1)(f) and r. 18(1a)), connecting port dues to fisheries regulatory status.

Commonwealth/State overlap on citizenship/residency for PECs: Eligibility for PECs requires entitlement to reside permanently in Australia under federal law or New Zealand citizens entitled to reside and work under Commonwealth law (r. 16(a)). That ties PEC eligibility to immigration and nationality law.

Interplay with administrative review bodies: The CEO’s licensing decisions listed as reviewable decisions are subject to review by the State Administrative Tribunal (r. 9I). PEC cancellations/suspensions under certain grounds are appealable to the Minister (r. 16N), showing a bifurcated review path: administrative tribunal for licensing decisions; Ministerial rehearing for certain PEC appeals.

Industrial and workplace law footnote: The text contains a footnote observing the repeal and replacement history for the Industrial Relations Act 1979 and that related Commonwealth Acts were superseded. The practical effect in the Regulations is to require that PECs only apply where crewing meets the then-applicable industrial instrument regime (r. 16F), thus linking maritime authorisation to labour law compliance.

Other statutory interactions implicit in enforcement and safety: Harbour master powers to require tugs and to move vessels at owner expense (r. 19) will intersect with private contract and maritime salvage/towage law in common law and other statutes when actions are taken at owner expense. The Regulations themselves do not define the private law consequences beyond permitting the harbour master to take such actions.

In sum, the Regulations are designed to sit within a network of Commonwealth maritime standards (Navigation Act/Marine Orders; tonnage conventions), State shipping and pollution statutes, industrial/crew legal frameworks, fisheries regulation for certain dues exemptions, and administrative review avenues (SAT, Minister). The text imports external standards explicitly (medical fitness, tonnage certificates) and conditions licences and certificates on compliance with those external instruments.

The Regulations carry a detailed compilation history in the source material listing numerous amendments, insertions and reprints spanning 1966 through 2025. Key mechanical points from the compilation table and marginal notes in the text:

• Origin and citation changes: The instrument originated as the Ports and Harbours Regulations (Gazette entries from 1966-1971) and was later retitled and recompiled as the Shipping and Pilotage (Ports and Harbours) Regulations 1966 (notes under r. 1 and compilation table).
• Major consolidation and insertion in 2010: A substantial tranche of amendments and new headings were inserted on 4 June 2010 (Gazette 4 Jun 2010 p. 2417-67), including Part 2 (appointment of harbour masters), the pilotage licensing scheme under Part 5 Divisions 1 and 4 (inserted earlier but amended), and schedules such as Schedule 1A declaring ports (r. 5A, Schedule 1A). The notes at the start of Parts and many marginal notations show that a number of provisions (e.g. rr. 5A, 5B-5D, 6-8, 9A-9J, 16-17, 18) were either inserted or significantly rewritten around that 2010 period.
• Ongoing fee and administrative updates: Fees and charges across various provisions have been updated repeatedly via Transport Regulations Amendment (Fees and Charges) instruments and similar amending regulations listed in the compilation table for 2011-2025 (e.g. r. 9B application fee changes with amendments cited across years including SL 2020/60; SL 2021/92; SL 2022/67; SL 2023/45; SL 2024/57; SL 2025/64). The compilation table records many reprints (Reprints 1-6) reflecting consolidation points (e.g. Reprint 4 as at 18 Mar 2011; Reprint 6 as at 16 Jan 2015).
• Revisions to Part headings and deletions: Some provisions and small divisions have been deleted or renumbered over time (for example Regulation 2 was deleted; Division 3 rr. 15-15C later deleted: SL 2021/51 r. 11). Schedule and table content have been amended on various dates (Schedule 2 inserted in 1972; revised on 27 Jun 2003; further amended 4 Jun 2010).
• Declaration of ports and plan references: Schedule 1A (declared ports) and associated plan copies were inserted 4 Jun 2010 and subsequently amended (e.g. Gazette entries 30 Nov 2011, 5 Sep 2014, 4 Jul 2017; SL 2021/51 r. 13), reflecting changes in the list or formalisation of port limits.
• Transport and pilotage-specific reforms: Separate amending instruments in 2016 and 2018 explicitly reference pilotage and transport regulatory reform (Transport Regulations Amendment (Vessel Pilotage) Regulations 2016 Pt. 3; Transport Regulations Amendment (Pilotage) Regulations 2018 Pt. 3), indicating staged changes to pilotage licensing and PEC regimes recorded in the marginal notes for r. 9 and Part 5.
• Recent fee schedule updates: The compilation table shows regular fee updates via transport fee amendments through to 2025 (SL 2025/64 Pt. 8 with commencement 1 Jul 2025), which have altered application, renewal and replacement fees referenced in r. 9B, r. 9F and r. 9J, and PEC fees r. 16(d).

The text’s marginal notes and the compilation table serve as the authoritative amendment history for this consolidated version. Those entries show iterative updates to fees, additions of new administrative mechanisms (registers, records, forms), insertion of new port declarations (Schedule 1A), and deletions or reworkings of small divisions. The 4 June 2010 consolidated changes and subsequent reprints represent significant restructuring and modernisation of the Regulations, with continuing incremental fee and technical amendments through to the most recent entries listed (2024-2025).

This source does not include legislative policy papers or external explanatory memoranda; the compilation table and Gazette references included in the source are the primary documentary trace of amendments. For precise textual differences over time, the Gazette citations in the compilation table identify the enacted amending instruments and their commencement dates.

The Regulations as provided do not list or cite any judicial decisions or litigation outcomes. The text contains specific administrative review routes and appeal mechanisms but does not reference case law.

Administrative review and appeal routes within the statutory framework:

• Reviewable CEO decisions: The Regulations identify “reviewable decisions” by the CEO (r. 9I(1)) , these include a decision not to issue a licence under r. 9C, decisions to impose or amend licence conditions under r. 9D, decisions not to renew a licence under r. 9G, and decisions to suspend or revoke a licence under r. 9H. A person aggrieved by these decisions may apply to the State Administrative Tribunal (SAT) for review (r. 9I(2)). That creates an administrative tribunal remedy as the primary adjudicative forum for contesting those CEO decisions; the text does not list any reported SAT decisions or case examples.
• PEC cancellations and Ministerial appeals: For PEC cancellations or suspensions under specified grounds, an exempt master may appeal to the Minister within 21 days, and the Minister is required to determine the appeal without delay and may confirm, reverse or modify the CEO’s decision, which the CEO must then implement (r. 16N). The instrument does not provide for judicial review in the text itself but the existence of SAT reviewable decisions suggests standard administrative law remedies outside the Regulations (judicial review in superior courts) would remain available in principle under general administrative law; however, no cases are named in the provided material.

Because the source contains no case citations, anyone seeking authority on how these provisions have been interpreted in practice will need to search external legal databases and tribunal/court records for decisions under the Shipping and Pilotage Act 1967 and these Regulations, including SAT decisions under r. 9I and any ministerial determinations on PEC appeals under r. 16N. The Regulations themselves provide the administrative routes but do not record any litigation history.

The Regulations contain several provisions that can produce counter‑intuitive outcomes or operational traps if relied on without checking local conditions and administrative practice. These “gotchas” are grounded in the text.

1. PEC validity limited by non-use and revalidation mechanics (rr. 16K-16L)

• A PEC becomes invalid for a pilotage area if not used for one year or longer (r. 16K). Revalidation requires the holder to make, under pilotage, at least one trip into and one trip out of the pilotage area in command of a vessel within one year of the certificate becoming invalid (r. 16L). Practically, an exempt master who stops bringing ships to a port for a year loses the PEC and must undertake supervised trips under pilotage to revalidate. The necessary logistics and cost of arranging pilotage for revalidation can be non-trivial.

2. PECs tied to crew nationality/industrial instruments (r. 16F)

• A PEC may be used only for vessels crewed in accordance with specified awards or agreements (r. 16F). This links navigation authority to employment and crewing compliance; a master who would otherwise meet navigational requirements may be unable to use the PEC if the vessel’s crewing does not comply with the industrial instrument condition.

3. Harbour master determines maximum permitted vessel length for PECs (r. 16D)

• The maximum length overall for PEC use in a pilotage area is a harbour master determination having regard to local depth, width, tidal and manoeuvring space (r. 16D(1)). The CEO must record that maximum length in the certificate (r. 16D(2)). Thus, a PEC holder’s entitlement is effectively subject to local discretionary limits that may vary between ports and over time.

4. CEO/habour master discretion to override PEC privilege (r. 16G)

• Even where a PEC has been issued, the harbour master may direct an exempt master to use a licensed pilot if major works are being carried out, the vessel carries hazardous cargo, or other circumstances may impair safe navigation (r. 16G). This is a direct operational limitation on the PEC’s practical utility and can be invoked at short notice.

5. Financial exposure if flagging rule is not observed (r. 17)

• PEC holders must fly a white flag from 5 nautical miles until berthing; failure to do so exposes the master or owner to liability for pilotage charges that would otherwise have been payable (r. 17(1)-(2)). This transforms a signalling requirement into a charge-triggering event.

6. Some counter-intuitive exemptions from conservancy dues (r. 18(1)(j))

• The list of vessels excluded from conservancy dues includes “a vessel with a length overall of 70 m or more” (r. 18(1)(j)). That means very large vessels are expressly excluded from paying conservancy dues under that clause, while many smaller commercial vessels must pay. The Schedule 3 dues table then sets fees for other vessel lengths. Practitioners must check both the exemption list and the applicable schedule to determine liability.

7. Proof and re-payment mechanics for claimed prior payment (r. 18(3)-(4))

• If a master claims prior payment for conservancy dues (Schedule 3 item 1) but cannot produce evidence when required, the harbour master may require payment as if the prior payment had not been made (r. 18(3)). A subsequent satisfactory proof to the harbour master triggers repayment of the amount required to be paid (r. 18(4)). That places the evidential burden on the master and exposes them to temporary double-payment risk absent retained receipts.

8. Licence medical surveillance as a licence condition (r. 9D(3))

• The CEO may impose periodic medical certificate submission every second anniversary or at other times specified by a medical practitioner (r. 9D(3)). This can create recurrent administrative and medical timing obligations that affect continuity of licence validity and require compliance or risk suspension.

9. Supervising pilot verification required for licences (r. 9C(3))

• The CEO cannot be satisfied of an applicant’s knowledge and skill under r. 9C(2)(c) unless supervised trips are recorded in an approved log book, each trip verified in writing by the supervising licensed pilot, and a signed statement provided to the CEO by the supervising pilot (r. 9C(3)). Applicants must therefore secure supervising pilots willing to provide verification and statements; absence of such signed verification can block licensing.

10. Harsh operational remedies in extremis (r. 22)

• The harbour master may order the scuttling of a vessel where it is impossible to remove it and it constitutes a danger; the harbour master may scuttle the vessel if the master fails to comply (r. 22). This is an extreme power with potentially serious commercial consequences, and the circumstances that justify it are narrowly stated but leave the harbour master with a decisive operational remedy.

11. Many offences without specific fines (r. 51)

• Numerous operational prohibitions (e.g. dredger signal offences r. 7(2)) do not have bespoke monetary penalties attached and instead fall back on the general $2,000 fine under r. 51. Practitioners should be aware that the statutory fine for many infractions is modest compared with potential commercial exposure from operational disruptions or administrative sanctions.

12. Interaction with external instruments for tonnage (r. 18A)

• Gross registered tonnage is determined from documents specified in Schedule 5 or estimated by an authorised person if necessary (r. 18A). Where a vessel’s tonnage certificate originates from a country listed in Schedule 4, the highest gross tonnage on that certificate plus estimated cargo spaces is applied (r. 18A(1)(a)). Where an International Tonnage Certificate (1969) exists, it prevails (r. 18A(2)). Disputes over tonnage can therefore involve multiple document sources and local estimation by authorised persons.

These items show where a close reading of the Regulations and attention to documentary and administrative requirements is essential; failure to observe record, flagging, medical or local harbour master directions can produce operational, financial and administrative consequences that go beyond the text of a single certificate or licence.

Compliance requires coordinated administrative, operational and documentary steps tailored to the role a person fills (master, pilot applicant, PEC holder, owner). Below is a practical checklist drawn directly from the Regulations’ text, with cited provisions.

For masters and owners bringing vessels into ports

• Determine conservancy dues liability and timing: Check r. 18 exclusion list (r. 18(1)(a)-(j)) and Schedule 3 Division 2 rates and payment dates (r. 18(2), Sch. 3 Div. 2). Produce documentary evidence of prior payments if claiming port use without further dues (r. 18(3)-(4)).
• Carry and produce registry and tonnage documents: Be prepared to present the certificate of registry and any certificate of tonnage or other record specified in Schedule 5 upon demand by the Department or an authorised person (r. 18(5); Sch. 5).
• Follow harbour master directions and avoid refusal to comply: Obey harbour master orders on anchoring, mooring, movement, and berthing (r. 19(1)-(4)). If a harbour master orders movement and it is not complied with, expect the harbour master to move the vessel at owner’s expense (r. 19(4)).
• Prepare for pilot boarding/disembarkation: Rig pilot ladders with spreaders and man ropes, provide suitable boat rope and ensure nearby scuppers/vents are closed, with suitable illumination if at night (r. 10(1)(a)-(e)). Provide similar arrangements for pilot disembarkation (r. 10(2)).
• Fly required signals: If no licensed pilot on board and the master is a PEC holder, fly the white flag from within 5 nautical miles until berthing (r. 17(1)). Pilot boats must fly the flag with upper half white and lower half red while in service (r. 12). Oil vessels must display Code flag “B” by day and a red light by night when nearing/at a wharf (r. 31).
• Comply with oil-vessel safety procedures: For oil vessels intending to load/unload more than 180 L of inflammable liquid, notify harbour master immediately after making fast (r. 32); obtain written permission before discharging/loading (r. 33); keep tanks closed except when discharging/loading and ventilate as required (r. 35(a),(d)); erect barricades and arrange watchmen for oil operations (r. 48).
• Maintain gangway safety and watchkeeping: Fit gangways and safety nets as required and ensure lights and watch are provided (r. 23). Keep deck watchmen per tonnage rules (r. 24).
• Avoid contraventions that give rise to default or specific penalties: Acting as pilot without a licence is fined at $10,000 (r. 9A). General contraventions carry $2,000 default fine (r. 51). Some operational breaches may also trigger administrative sanctions (license/certificate cancellation).

For persons seeking pilot licences (applicants and trainees)

• Meet qualification and training requirements: Apply to the CEO in the approved form with the application fee (r. 9B). Hold or demonstrate equivalent competency (r. 9C(2)(a),(4)) and complete an approved training course (r. 9C(2)(b)). Complete supervised trips recorded in an approved log book with written verification from the supervising licensed pilot, and obtain a signed statement from the supervising pilot to satisfy r. 9C(3).
• Provide medical evidence: Submit a certificate of health that meets the Marine Orders (r. 9C(1)(c)). Expect periodic medical submissions if imposed as a licence condition (r. 9D(3)).
• Observe licence conditions and renewal requirements: Licences are effective for 5 years (r. 9E). Apply for renewal within 28 days before expiry using the approved form and fee (r. 9F(2)). If renewal application is pending at expiry, the licence remains effective until the decision is notified (r. 9F(3)). Comply with any conditions imposed by the CEO, including size restrictions tied to supervised-trip experience (r. 9D(4)).

For PEC applicants and exempt masters

• Confirm residency entitlement: PEC applicants must be entitled to reside permanently in Australia under Commonwealth law or be eligible New Zealand citizens (r. 16(a)).
• Accumulate qualifying trips and take examinations: Meet the trip requirements in the 2 years before examination (r. 16A(1)), including specified numbers of trips in command and/or as first mate. Ensure at least one night trip if seeking a certificate valid for darkness (r. 16A(2)). Prepare for written/oral and practical examinations covering port soundings, tides, buoys, traffic patterns, port rules and specified statutes (r. 16B).
• Provide medical certification and maintain health surveillance: Submit a certificate of health on application and thereafter at least every two years (r. 16C(2)). Follow any medical practitioner recommendations for more frequent examination (r. 16C(3)).
• Accept certificate limits and local determinations: The harbour master determines the maximum length overall for PEC use and the CEO records it in the certificate (r. 16D(1)-(2)). PECs cannot be issued for vessels larger than the largest vessel in which the exempt master made qualifying trips (r. 16E(1)). Expect conditions and possible area restrictions on certificates at the harbour master’s recommendation (r. 16E(2)).
• Keep and present required records: Use the pilotage exemption record book (issued by the CEO) and enter every trip into or out of a port with port name, date/time, and vessel name (r. 16J(1)-(2)). Present the book to the harbour master or Department officer for endorsement after each trip (r. 16J(3)). Record medical certificate submission dates in the book (r. 16J(4)).
• Know invalidation and revalidation rules: If a PEC is not used for a year in respect of a pilotage area, it becomes invalid for that area (r. 16K). Revalidation requires one trip into and one out of the pilotage area under pilotage in command within one year of invalidity (r. 16L).
• Be ready for direction to use a licensed pilot: Harbour masters may direct PEC holders to take a licensed pilot in major works, hazardous cargo or other safety impairments (r. 16G). PEC holders must comply.

For harbour masters and port authorities

• Recordkeeping and local determinations: Implement the determination of maximum vessel length for PECs, keep and endorse PEC record books and cooperate with the CEO on endorsements and recommendations for certificate conditions (rr. 16D, 16J, 16E(2)).
• Enforce safety measures and direct movements: Exercise the powers in r. 19 to appoint berths, order movements, require tugs (r. 19(5)), and to order scuttling in emergency circumstances (r. 22) consistently with documented reasons to avoid arbitrary exercise.
• Liaise with CEO and police: Notify the CEO of suspensions/revocations under r. 9H(5) and work with police