sec.90Reporting requirement for ship other than ship operated on local marine service

sec.90 Reporting requirement for ship other than ship operated on local marine service

This section applies if— a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event ) is to happen— the ship is to arrive at, or depart from, a pilotage area; the ship is at a berth or anchorage in a pilotage area and— the ship is to be removed to another berth or anchorage in the pilotage area; or the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or a ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event ). The owner or master of the ship must report the following information in the way and to the person required under subsection (3) — the expected time of the relevant event; the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 . Maximum penalty—200 penalty units. The report under subsection (2) must be made within the time mentioned in section 92 and— if the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or if the relevant event to be reported is to happen in the Brisbane pilotage area— for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and for DGTrac information—to the DGTrac system; or if the relevant event is to happen outside a pilotage area—in the approved form to the general manager. However, if the dangerous cargo is dangerous goods— the penalty provision for subsection (2) does not apply; and subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies. In this section— DGTrac information means the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 , clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h) . DGTrac system means an electronic system operated by Port of Brisbane Pty Ltd, a subsidiary of Port of Brisbane Pty Ltd, or a port operator, that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area. Port of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749. (sec.90-ssec.1) This section applies if— a ship, other than a ship that is to be operated on a local marine service, is carrying dangerous cargo and any of the following (each a relevant event ) is to happen— the ship is to arrive at, or depart from, a pilotage area; the ship is at a berth or anchorage in a pilotage area and— the ship is to be removed to another berth or anchorage in the pilotage area; or the dangerous cargo on the ship is to be transferred to another ship in the pilotage area; or a ship, other than a ship that is to be operated on a local marine service, is to be loaded with dangerous cargo while in a pilotage area (also a relevant event ). (sec.90-ssec.2) The owner or master of the ship must report the following information in the way and to the person required under subsection (3) — the expected time of the relevant event; the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 . Maximum penalty—200 penalty units. (sec.90-ssec.3) The report under subsection (2) must be made within the time mentioned in section 92 and— if the relevant event is to happen in a pilotage area other than the Brisbane pilotage area—in the approved form to a harbour master for the pilotage area; or if the relevant event to be reported is to happen in the Brisbane pilotage area— for information mentioned in subsection (2) (a) and (b) other than DGTrac information—in the approved form to a harbour master for the pilotage area; and for DGTrac information—to the DGTrac system; or if the relevant event is to happen outside a pilotage area—in the approved form to the general manager. (sec.90-ssec.4) However, if the dangerous cargo is dangerous goods— the penalty provision for subsection (2) does not apply; and subsection (2) is a regulation to which section 213 (3) of the Act applies. Section 213 (3) of the Act provides for a penalty of 500 penalty units for a contravention of a regulation declared to be a regulation to which the subsection applies. (sec.90-ssec.5) In this section— DGTrac information means the information mentioned in AS 3846—2005 (The handling and transport of dangerous cargoes in port areas), section 3 , clause 3.3, paragraphs (d) to (k) and clause 3.4, paragraphs (d) to (h) . DGTrac system means an electronic system operated by Port of Brisbane Pty Ltd, a subsidiary of Port of Brisbane Pty Ltd, or a port operator, that is used for the reporting of dangerous goods and dangerous cargo carried by ships in the Brisbane pilotage area. Port of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749.