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Marine Safety Act 2013 (NI)
In force
Administered by
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2018Q00037 C05
29 September 2018
-
12 August 2019
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Norfolk Island
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Table of contents
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Part 1 Preliminary
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Meaning of “vessel”
6. Meaning of vessel “connected with Norfolk Island”
7. Meaning of “owner” of vessel and “owner” of “marine activity”
8. Vessels and waters to which Act applies
9. Act does not apply to Defence Force vessels
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Part 2 Safety of navigation
10. Regulations for prevention of collisions at sea or in other navigable waters
11. Speed limits, no wash zones and other restrictions on the operation of vessels in navigable waters by display of notice
12. Reckless, negligent, dangerous navigation
13. Unreasonable interference by operation or use of vessel
14. Protection of navigation aids
15. Removal of obstructions in navigable waters
16. Regulation of aquatic activities in navigable waters
17. Regulations relating to safety of navigation
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Part 3 Boating safety Alcohol and drugs
18. Definitions
19. Application of Part
20. Prescribed concentrations of alcohol
21. Operating vessel under influence of alcohol or other drug
22. Operating vessel or supervising juvenile with prescribed concentration of alcohol in blood
23. Double jeopardy
24. Breath analysis and other related provisions
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Part 4 Marine certificates
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Division 1 General
25. Types of marine certificates
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Division 2 Grant of marine certificates and related matters
26. The Marine Registrar and Deputy Marine Registrar
27. Grant of certificates and conditions
28. Offence to contravene conditions of certificate
29. Duration of certificate
30. Fees for certificates
31. Offences
32. Regulations relating to certificates
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Division 3 Suspension or cancellation of marine certificates
33. Suspension or cancellation of certificates by Minister
34. Suspension or cancellation of certificates by court in connection with offence
35. Return of suspended or cancelled certificate
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Division 4 Review by Administrative Appeals Tribunal
36. Definition of “Tribunal”
37. Rights of review
38. Failure to make decision
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Part 5 Requirements for vessels
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Division 1 Unsafe vessels
39. Definition of “unsafe vessel”
40. Owner or master not to operate unsafe vessel
41. Detention of unsafe vessels
42. Operating detained vessel
43. Costs of detention
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Division 2 Vessel registration
44. Vessels requiring registration
45. Vessels exempt from registration
46. Offence to operate unregistered vessel
47. Additional grounds for refusal, suspension or cancellation of registration
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Division 3 Seaworthy certificates for commercial vessels
48. Offence to operate commercial vessel without seaworthy certificate
49. Grant of seaworthy certificate and seaworthy schedule for commercial vessels
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Division 4 Boat driving licences for power-driven recreational vessels
50. Vessels to which division applies
51. Offence to operate recreational vessel without boat driving licence
52. Exemption from requirement to hold boat driving licence
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Division 5 Miscellaneous provisions relating to vessels
53. Recognised marine certificates
54. Mutual recognition of marine certificates
55. Regulation of marine safety equipment or facilities for recreational or other vessels
56. Regulation of design and construction of recreational vessels
57. Regulation of passengers
58. Vessel identification, etc
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Part 6 Marine investigation and enforcement
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Division 1 Preliminary
59. Definitions
60. Application
61. Appointment of authorised officers (other than ex-officio authorised officers)
62. Identity cards for authorised officers
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Division 2 Duties of masters and owners in case of marine accidents
63. Requirements of masters in case of accident involving vessels
64. Duty to report marine accidents, etc
65. Marine accident particulars
66. Preservation of evidence
67. Offence
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Division 3 Investigation of marine accidents and other marine safety matters
68. Ordering of investigation
69. Principal purposes of investigation
70. Appointment of investigator
71. Powers of investigator
72. Conduct of investigations
73. Report to Minister of investigation
74. Representations by persons affected by report
75. Suspension of marine certificate pending investigation
76. Action by Minister following report of investigation
77. Public release of report
78. Protection from liability
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Division 4 - Investigative powers of authorised officers
79. Application of Division
80. Power to stop and board vessels
81. Other powers of entry
82. General investigative powers
83. Detention of vessel for purposes of investigation
84. Production of marine certificates
85. Identification of person suspected of committing offence
86. Identification of owner and master of vessel
87. Power to require persons to attend to answer questions or produce documents or other things
88. [omitted]….
89. General provisions relating to functions under this division
90. Offences
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Part 7 Legal proceedings
91. Penalty notices
92. Summary proceedings for offences
93. Time within which proceedings may be commenced
94. Offences by corporations
95. Proof of lawful or reasonable excuse
96. Proof of certain matters not required
97. Service of instruments (except in proceedings for offences)
98. Service of summons and other process in legal proceedings
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Part 8 Search and rescue
99. Control and management of search and rescue operations
100. Payments in respect of losses, etc, incurred in certain operations
101. Recovery of cost of certain operations
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Part 9 Norfolk Island Marine and Harbour Authority (NIMAHA) and Harbour Master
102. Norfolk Island Marine and Harbour Authority
103. Objects of the Authority
104. The Authority
105. Meetings and quorum
106. Harbour Master
107. Recommendation of the Authority
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Part 10 Miscellaneous
108. Delegation by Minister
109. Act binds Crown
110. Rules
111. Regulations
112. Adoption of standards and other documents
113. Exemptions
114. Review of Act
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Schedule 1 Powers of authorised officers
1. Powers of authorised officers
2. Identification of offender
Schedule 2 amendment of the Coroners Act 1993