Changes to Queensland boating legislation

A few simple changes are proposed to some of Queensland’s marine safety laws effective from September 2016. Most boat owners and skippers will see little or no changes to existing rules. But new Commonwealth legislation has triggered a need to change Queensland’s legislation.

The following information provides a general overview as to what may change in September  this year. Read on to see if you may be affected.

Remember, you’re the skipper, you’re responsible for checking you understand and follow all marine safety laws when heading out on to the water.

To cut to the chase for recreational boaters, it is proposed that recreational ships will continue to operate as they currently do. However, there will be some minor changes other than those mentioned above, including:

>> A capacity label will no longer need to be attached to a recreational ship.
>> A school ship will be exempt from registration fees when the ship is registered as an other Queensland regulated ship.
>> PWC no longer need to affix a Ride Smart sticker on their craft.
>> EPIRB registration label will no longer needs to be attached to the EPIRB. The EPIRB will still need to be registered with AMSA.

Read through the following to see if there are any other changes likely to impact the way you go boating for pleasure and work...

WHAT OTHER LAWS MAY CHANGE
Due to the Commonwealth’s Marine Safety (Domestic Commercial Vessel) National Law Act 2012  (National Law), changes are being proposed to the following laws:
>> Transport Operations (Marine Safety) Act 1994 (TOMSA)
>> Transport Operations (Marine Safety) Regulation 2004 (TOMSR)
>> And some related Standards — such as the Transport Operations (Marine Safety Recreational Ships Miscellaneous Equipment) Standard 2006 (Miscellaneous Equipment Standard). These will be amended so they apply to Queensland regulated ships. Some other Standards are being removed as they only relate to commercial and fishing ships which are now covered by the National Law.

NEW AND KEY TERMS
When the Queensland marine safety laws commence there will be some new terms to cover the way ships are regulated in Queensland.

Queensland regulated ship: A new term that covers all ships regulated under Queensland’s marine safety legislation and includes a ‘recreational ship’ and an ‘other Queensland regulated ship’.

An ‘Other Queensland regulated ship’: A commercial ship that is not covered under the National Law. The most common examples of these ships are surf lifesaving, school and community group vessels.

Prescribed other Queensland regulated ship: This means an other Queensland regulated ship that—
(a) is 6m or more in length; or
(b) is designed to carry more than 12 persons on the ship; or
(c) operates more than 15 nautical miles from land.

Examples of ‘prescribed other Queensland regulated ships’ are:
>> A school ship engaged in marine studies carrying more than 12 persons (e.g. 17 students)
>> A community group ship that is 6m or more (e.g. 6.5m) and operates beyond 15 nautical miles from land (e.g. Up to 50nm). For example, a community organisation taking a group offshore fishing
>> A surf lifesaving ship that is 6m or more (e.g. 6.1m)

GENERAL CHANGES TO QLD REGULATED SHIPS
>> In line with national changes, the Australian Maritime Safety Authority EPIRB registration label will no longer need to be attached to the EPIRB. The EPIRB will still need to be registered with AMSA.

>> A  Ride Smart sticker will no longer need to be displayed on a personal watercraft.

>> Personal flotation devices will now be referred to as ‘Lifejackets’ for national consistency.

>> The registration process for ‘Other Queensland regulated ships’will be made simpler and more accessible as registration applications will be able to be processed at any Transport and Main Roads customer service centre.

>> The registration application form will change to include the registration of both recreational ships and other Queensland regulated ships with the application process only differing for ‘prescribed other Queensland regulated ships’

>> Recreational fees  will apply to other Queensland regulated ships, unless ships are fee exempt.

>> You can now check the registration status of a ship, the ship’s purpose of use and other details such as the description of the ship online.

>> A restricted use flag will become an ‘authority’ rather than a physical flag. The authority or copy of the authority will be required to be carried on the ship when operating.

>> No additional penalties are proposed in the new legislation.

PROPOSED CHANGES FOR RECREATIONAL SHIPS
As well as those changes above, it is proposed that recreational ships will continue to operate as they currently do. However, there will be some minor changes other than those mentioned above, including:

>> A capacity label will no longer need to be attached to a recreational ship.
>> A school ship will be exempt from registration fees when the ship is registered as an other Queensland regulated ship

For updates on changes to marine safety laws visit www.msq.qld.gov.au.