Transport Operations (Marine Safety) Regulation 2016
sec.163Application of pt 8 of the Act — Act , s 98
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sec.163 Application of pt 8 of the Act — Act , s 98
The following ships are ships to which part 8 of the Act applies— a ship that is 50m or more; a small ship (the relevant ship ) if— it is combined with another small ship for propelling 1 of the ships; and the combined length of the ships is 50m or more; and the master of the relevant ship has command of the combined ships; a ship whose owner or master asks for the services of a pilot; a ship whose master is directed by a harbour master to use the services of a pilot. However, part 8 of the Act does not apply to a ship mentioned in subsection (1) (a) or (b) if— the ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or the ship— is a dredge operating only in a pilotage area; and is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and is being operated by a person— who holds a relevant authority; and who the general manager considers is competent to operate the ship in the area. In this section— relevant authority means— a certificate of competency under the national law to operate a domestic commercial vessel as its master; or a licence issued under the law of another country that is— issued by the same country in which the ship is registered; and the equivalent of the certificate mentioned in paragraph (a) . small ship means a ship that is less than 50m. (sec.163-ssec.1) The following ships are ships to which part 8 of the Act applies— a ship that is 50m or more; a small ship (the relevant ship ) if— it is combined with another small ship for propelling 1 of the ships; and the combined length of the ships is 50m or more; and the master of the relevant ship has command of the combined ships; a ship whose owner or master asks for the services of a pilot; a ship whose master is directed by a harbour master to use the services of a pilot. (sec.163-ssec.2) However, part 8 of the Act does not apply to a ship mentioned in subsection (1) (a) or (b) if— the ship is being operated in a pilotage area by a master who holds a pilotage exemption certificate for the ship for the area and who is personally operating the ship; or the ship— is a dredge operating only in a pilotage area; and is under the charge of a master who holds a pilotage exemption certificate for the ship for the area but who is not personally operating the ship; and is being operated by a person— who holds a relevant authority; and who the general manager considers is competent to operate the ship in the area. (sec.163-ssec.3) In this section— relevant authority means— a certificate of competency under the national law to operate a domestic commercial vessel as its master; or a licence issued under the law of another country that is— issued by the same country in which the ship is registered; and the equivalent of the certificate mentioned in paragraph (a) . small ship means a ship that is less than 50m.