Transport Operations (Marine Safety) Act 1994 (Queensland) — Zoe

Queensland act

Transport Operations (Marine Safety) Act 1994

In ForceQLD

Jurisdiction

Queensland

Act Number

14 of 1994

Collection

act

Plain English Summary

8/10 complexity

What it does: This legislation creates a comprehensive system to keep people and ships safe on Queensland waters while supporting the maritime industry's efficiency and growth. It sets clear goals for marine safety (like ensuring ships are seaworthy and properly crewed), defines important terms (such as what counts as a 'ship' or 'master'), and applies rules to vessels linked to Queensland. Key rules include general safety duties for owners, masters, pilots, and others; requirements for registering certain recreational and commercial ships; licensing for captains, crew, and pilots; controlled zones where pilots must be used; powers for harbour masters to direct ships and manage risks; investigation of marine incidents (accidents or near-misses); and strong penalties for breaches. It works alongside federal laws but fills gaps for state-regulated vessels. Exemptions and standards allow flexibility where safety isn't compromised.

Who it affects: Ship owners, masters, crew members, pilots, operators of harbours or pilotage areas, surveyors who inspect vessels, and anyone using Queensland waters for boating, commerce, or recreation. It primarily targets 'Queensland regulated ships' (recreational boats and non-commercial/non-federal vessels) but has broader reach for safety in ports and pilotage zones.

Why it matters: Without these rules, marine accidents could rise, endangering lives, harming the environment, and disrupting trade or tourism. The Act promotes practical safety (e.g., performance-based obligations rather than rigid rules) so the industry can innovate efficiently, while ensuring accountability through inspections, investigations, and courts. It balances protection with economic needs in a state reliant on waterways.

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Deep Dive

2,774 words · generated 24/04/2026

What it does

The Transport Operations (Marine Safety) Act 1994 (the Act) establishes a comprehensive regulatory framework for marine safety in Queensland. Its primary objective, as stated in s.3(1), is to achieve an appropriate balance between regulating the maritime industry for safety and enabling the effectiveness and efficiency of the Queensland maritime industry. This is to be read consistently with the objectives of the Transport Planning and Coordination Act 1994.

The Act applies to "Queensland regulated ships" (defined in ss.10A–10C as recreational ships or other regulated ships, excluding domestic commercial vessels governed by national law) and has broader application to ships in pilotage areas, ports, or on certain voyages (s.11). It does not apply to the extent that the Commonwealth Navigation Act 1912 (Cth) or the Marine Safety (Domestic Commercial Vessel) National Law applies (ss.12, 14).

Core mechanisms include:

General safety obligations (Part 4): Imposed on competent persons issuing survey reports (s.40), owners and masters regarding seaworthiness and equipping (s.41), persons involved in operation (s.43), and pilots/managing pilotage entities (ss.45–46). These are performance-based, allowing compliance via standards or equivalent means (ss.31–33, 42). Breaches can lead to penalties up to 500 penalty units or 1 year's imprisonment, escalating to 5,000 penalty units or 2 years if death or grievous bodily harm results.
Registration and licensing (Part 5): Regulations may require registration of recreational or other Queensland regulated ships (s.56), with offences for non-compliance (s.57). Licensing is required for masters, crew, and pilots (ss.60, 61B), with penalties for operating without appropriate licences (ss.61, 61C). Provisions exist for grant, amendment, renewal, cancellation, and smartcard indicators (ss.62–63H).

Current sections

Direct links to the current provisions in Transport Operations (Marine Safety) Act 1994.

434

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

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Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

Who it affects

The Act has broad application but targets specific actors in the maritime sector:

Ship owners and operators (including charterers, agents, and mortgagees in possession per s.9): Subject to general safety obligations (s.41), registration requirements (s.57), equipment duties (s.44), and liability for pilotage or incidents. Owners of "Queensland regulated ships" (ss.10A–10C) bear primary responsibility for seaworthiness and safe operation. For ships lost, abandoned, or stranded, recorded owners remain liable (s.87A).
Masters and crew: Masters have command responsibility (s.7) and must ensure safe operation (ss.41, 43), report incidents (s.125), assist in distress (s.130), and comply with harbour master directions (ss.87B–92). Crew must avoid unsafe operation (s.43). Specific licensing is required (s.60), with offences for unlicensed operation (s.61). Masters of ships under pilotage retain responsibility (s.102).
Pilots and pilotage entities: Pilots must hold licences (s.61B) and avoid unsafe operation (s.45). Managing pilotage entities for compulsory areas must provide safe services (s.46) and employ licensed pilots. Immunity applies in certain circumstances (s.101), but restrictions exist on who may pilot (s.102A). Responsible pilotage entities are prescribed (s.71A).
Harbour masters and shipping inspectors: Appointed by the chief executive (ss.74, 157), they exercise directional, inspection, and enforcement powers (Parts 7, 13). Harbour masters must consult affected entities (ss.77, 77A) and are accountable under the Public Sector Act 2022 (s.36). Inspectors monitor compliance, investigate incidents, and issue directions (s.153).
Competent persons and surveyors: Those issuing survey reports must ensure accuracy (s.40), with heightened penalties if inaccuracies cause incidents involving death or grievous bodily harm.
General manager and chief executive: The general manager (of Maritime Safety Queensland) makes standards (s.31), grants exemptions (s.18A), requires investigations (s.126), and fixes speed limits (s.206A). The chief executive appoints harbour masters (s.74), reports annually (s.37), and handles certain licensing functions. Both are accountable for decisions reviewable under Part 16.
Port authorities and the Gold Coast Waterways Authority: Must be consulted by harbour masters (ss.77, 77A) and may employ inspectors (s.157). The Authority has specific powers for aids to navigation and speed limits in Gold Coast waters (ss.105A, 206AA).
Recreational users and the public: Recreational ship operators face safety obligations (s.41), registration (if prescribed), and equipment rules (s.44). The Act binds all persons (s.17), with offences for interference with aids (s.106), trespass (s.107), or false statements (s.176).
Commonwealth and interstate entities: The Act defers to Commonwealth law (ss.12–14, 16) but applies to interstate/overseas voyages in Queensland waters (s.11).

Affected parties must navigate complex interactions with national law (Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth)), which governs domestic commercial vessels, leaving the Act to regulate recreational and certain other ships.

Key duties and rights

Duties:

General safety obligations (ss.40–46): Competent persons must ensure survey report statements on seaworthiness are accurate (s.40(1)). Owners/masters must not operate unsafe ships (s.41(1)), with "safe" defined as seaworthy, appropriately equipped, and crewed for the voyage (s.41(3)). Persons involved must not cause unsafe operation (s.43(1)), including via marine incidents or regulatory breaches. Pilots and managing entities have parallel duties (ss.45–46). Non-compliance with standards may evidence breach (s.32), but courts may find safety despite non-compliance if objectives are met (s.42).
Registration and licensing (Part 5): Owners/masters must register prescribed ships (s.57(1)) and operate only per registration conditions (s.57(4)). Masters and crew must hold required licences (s.60), with specific offences (s.61). Pilots require licences for compulsory areas (s.61B–61C).
Reporting and assistance (Part 11): Owners must report loss/abandonment of ships (s.125(1)); masters report other incidents (s.125(2)). Masters must assist in distress (s.130(1),(3)) and report dangers to navigation (s.129).
Compliance with directions: Persons must obey harbour master/general manager directions (ss.88–92, 191A–191B), with offences for non-compliance (e.g., s.97).
Aids to navigation: No unlawful interference (s.106(1)) or trespass (s.107).
Record-keeping and information: Licence holders must comply with smartcard rules (s.63AA–63H); false statements/documents are offences (ss.176–177, 205).

Rights:

Exemptions: Persons/ships may be exempted by regulation (s.18) or general manager (s.18A) if safety is not adversely affected.
Review and appeal: Decisions are reviewable internally (s.203B) then by QCAT (s.203C), with specific appeals for disqualifications (s.204).
Immunity: Harbour masters/inspectors not liable for honest, non-negligent acts (ss.82, 161); pilots/employers have limited immunity (s.101).
Compensation: For damage by inspectors/harbour masters (ss.178, 94).
Natural justice: Fair procedures for cancellation/suspension of registration or licences (ss.59, 63).

All duties are enforceable via penalties, directions, or court orders (Part 13A). Rights emphasise procedural fairness and proportionality.

Gotchas

Most practitioners miss these nuances:

Survey reports as safe harbour: s.33 and s.42(3)(a) allow reliance on a competent person's report to discharge obligations, even without full compliance with standards—but only if reasonable and the report covers the issue. Courts assess per s.3 objectives; "competent person" is undefined, risking disputes over qualifications.
"Connected with Queensland" is broad (s.6): Includes not just registration/home port but ownership by Queensland residents/businesses or management in Queensland. A vessel owned by a Queenslander but operating interstate remains captured, triggering full obligations—easy to overlook in chartering.
Pilot immunity carve-outs (s.101(4)): Immunity for conducting/supervising pilots does not extend to employer appointment failures or master/owner liability. s.102(3) preserves owner/master liability for compulsory pilotage faults, creating unexpected exposure in "compulsory" areas.
Marine incident reporting deadlines are strict (s.125): 48 hours for owners/masters, with "reasonable excuse" limited (no access to reporting means is excused, but courts construe narrowly). Failure cascades to investigation (s.126) and potential disqualification.
Part 13A orders are civil but punitive: Enforcement orders (s.183C) can require advertising campaigns or operational changes (s.183E(1)), with contempt-level penalties for breach (s.183E(4)). They apply even without prosecution (s.183C(2)), surprising in compliance advice.
Restricted licences post-disqualification (ss.202D–202K): Available only for specific offences and if extreme hardship proven (s.202E(1)(b)); prior disqualifications within 5 years bar them (s.202E(2)(a)). Courts rarely grant, and conditions are strict—many assume automatic eligibility.
Evidentiary presumptions in s.201(9): Age statements in complaints are conclusive absent contrary evidence—defence must positively rebut, not merely deny.
"Lawful damage" exception (s.43(4)): Unsafe operation via marine incident excludes lawful (non-Criminal Code s.469) damage to solely-owned property. Narrow but critical in insurance disputes.
Standards are subordinate but not offences (s.219B(3)): Non-compliance evidences breach (s.32) but cannot itself create offences—yet many assume direct penalties.
Gold Coast specifics: Post-2012, the Authority's powers (ss.77A, 105A, 206AA) create dual regimes; failing to distinguish from general manager powers risks invalid directions.

These "gotchas" often surface in prosecutions or reviews, where technical non-compliance triggers disproportionate outcomes. Always cross-check against national law interactions.

How to comply

Practical compliance framework:

Classify the vessel: Determine if "Queensland regulated ship" (ss.10A–10C: recreational or other, excluding domestic commercial vessels per national law). Use s.6 for "connected with Queensland." Register if prescribed (s.56; check regulations).
Meet general safety obligations (ss.40–46): Ensure seaworthiness, equipping, crewing (s.41(3)). Comply with standards (s.31) or demonstrate equivalent safety (s.42). Document reliance on survey reports (s.33). For pilots/entities, maintain licensing and safe systems (ss.45–46).
Licensing and crewing: Verify masters/crew/pilots hold appropriate licences (ss.60, 61B). Conduct or outsource training/examinations per regulations. Maintain records (s.63AA–63H for smartcards).
Operational controls: In pilotage/compulsory areas, use licensed pilots (s.99). Comply with harbour master/general manager directions (ss.86–93, 191A–191B). Observe speed limits (ss.206A–206AA) and report dangers/incidents promptly (ss.125, 129–130).
Incident management: Report marine incidents within 48 hours (s.125); cooperate with investigations (s.126). Prepare for potential boards of inquiry (Part 12).
Documentation and records: Keep survey reports, registration certificates, licences. Retain digital photos/signatures per retention rules (repealed ss.63G but principles remain under TPC Act).
Risk management: Implement systems addressing s.3 objectives (strategic overview, planning, cost-safety balance). Consult on standards development (s.219C–219F).
Exemptions and variations: Apply for exemptions (ss.18, 18A) or restricted licences post-disqualification (ss.202D–202K) with evidence of hardship/safety.
Monitoring and review: Use Part 16 for internal/QCAT review of adverse decisions. Monitor amendments, especially national law interactions.
Due diligence: For corporations, ensure executive oversight (s.202 on conduct). Train on whistleblower protections (Part 15A) and reprisal avoidance (s.202R).

Checklist for owners/masters:

Vessel survey current and accurate (s.40).
Registration/licence valid and conditions observed (ss.57, 61).
Safety equipment compliant (s.44; produce on request per s.170B).
Crew competent/licensed; no unsafe operation (s.43).
Incident protocols in place.
Comply with all directions/notices.

Non-compliance risks escalation to indictable offences, vessel detention (s.216), or disqualification (s.202A). Engage marine surveyors early; document decision-making referencing s.3 objectives. For complex operations, seek specific legal advice on national law overlap. Annual audits against standards and regulations are recommended. Compliance is not merely reactive but integrates safety into business efficiency.