Marine Safety Act 1998

section 4

accident, for Schedule 1—see Schedule 1, clause 1.

accident hospital patient, for Schedule 1, Part 2, Division 4—see Schedule 1, clause 11(1).

acquire, for Part 5, Division 3—see section 53.

analyst, for Schedule 1—see Schedule 1, clause 1.

applied provisions, for Part 1A—see section 9B(1).

appropriate inspection officer, for Schedule 1A, Part 3—see Schedule 1A, clause 4(1).

approved enforcement device, for Schedule 1A—see Schedule 1A, clause 1(1).

approved for excess speed imaging, for Schedule 1A, Part 3—see Schedule 1A, clause 4(2)(a).

approved for speed measurement, for Schedule 1A, Part 3—see Schedule 1A, clause 4(2)(b).

aquatic activity means the following, whether or not involving vessels or equipment—

aquatic licence means a marine safety licence to conduct an aquatic activity that is required under section 18.

authorised officer means—

authorised sample taker, for Schedule 1—see Schedule 1, clause 1.

bar crossing licence means a marine safety licence to operate a vessel across a coastal bar that is required under the regulations.

boat driving licence means a marine safety licence to operate a power-driven recreational vessel that is required under Part 5, Division 5.

breath analysing instrument has the same meaning as in the Road Transport Act 2013, Schedule 3.

breath analysis, for Schedule 1—see Schedule 1, clause 1.

breath test has the same meaning as in the Road Transport Act 2013, Schedule 3.

camera device, for Schedule 1A—see Schedule 1A, clause 1(1).

camera recorded offence, for Schedule 1A, Part 4—see Schedule 1A, clause 10.

certificate of local knowledge means a marine safety licence, held by a master of a vessel, that exempts the vessel from compulsory pilotage under Part 6.

Chief Investigator, for Part 8—see section 94(1).

commercial purpose means a purpose for which a vessel is used that results in the vessel being a commercial vessel.

commercial vessel means a vessel, other than a former vessel, that is—

Commonwealth administrative laws, for Part 1A—see section 9B(1).

Commonwealth domestic commercial vessel national law, for Part 1A—see section 9B(1).

court attendance notice, for Schedule 1A, Part 4—see Schedule 1A, clause 10.

crew, of a vessel, means the persons, including the master of the vessel, whose duty it is to navigate or work the vessel or to carry out other operations on the vessel.

defence vessel has the same meaning as in the National law.

detectable offence, for Schedule 1A—see Schedule 1A, clause 1(1).

digital camera device, for Schedule 1A, Part 3—see Schedule 1A, clause 4(1).

disused sea cable, for Part 2, Division 4—see section 19Y.

domestic commercial vessel has the same meaning as in the National law.

drug has the same meaning as in the Road Transport Act 2013.

environment protection notice has the same meaning as in the Protection of the Environment Operations Act 1997.

exercise, a function, includes perform a duty.

ferry, for Part 8—see section 94(1).

first offence, for Part 3—see section 20(4).

foreign vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth.

former vessel has the same meaning as in Part 5, Division 1A.

function includes a power, authority or duty.

harbour master —

hire and drive vessel has the same meaning as in the National law.

holder, for Part 8—see section 94(2).

hospital —

hull identification number, in relation to a vessel, means a unique number affixed to the vessel in accordance with the regulations.

incompetence, for Part 8—see section 94(1).

juvenile, for Part 3—see section 20(1).

length means length overall.

major offence, for Part 3—see section 20(1).

marine accident, for Part 8—see section 94(1).

marine environment protection notice has the same meaning as in the Marine Pollution Act 2012, Part 16.

marine legislation means the following Acts, and the regulations and other instruments made under the Acts—

marine pilot, of a vessel, means the person who has the conduct of the vessel but who does not belong to the vessel.

marine pilotage exemption certificate means a marine safety licence exempting a vessel from compulsory pilotage under Part 6.

marine pilot’s licence means a marine safety licence to act as pilot of a vessel in a port that is required under Part 6.

marine safety licence —see section 29.

master, of a vessel, means the person having the command or charge of the vessel, but does not include a marine pilot.

misconduct, for Part 8—see section 94(1).

National law means—

National licence means a certificate or unique identifier issued under the National law.

navigable waters means all waters, whether or not in the State, that—

navigation aid —

obstruction to navigation has the same meaning as in section 16(1).

obstruction to navigation notice —see section 16(2).

offshore anchorage, for Part 2, Division 3—see section 19V.

operate, a vessel—

oral fluid analysis, for Schedule 1—see Schedule 1, clause 1.

oral fluid test, for Schedule 1—see Schedule 1, clause 1.

overseas voyage has the same meaning as in the Navigation Act 2012 of the Commonwealth.

person responsible —see section 7A.

photograph, for Schedule 1A—see Schedule 1A, clause 1(1).

photograph taken, for Schedule 1A—see Schedule 1A, clause 1(1).

pilotage has the same meaning as in Part 6.

pilotage port has the same meaning as in Part 6.

pilotage service provider, for Part 6—see section 71(1).

port —

Port Authority of New South Wales has the same meaning as in the Ports and Maritime Administration Act 1995.

prescribed illicit drug has the same meaning as in the Road Transport Act 2013.

prescribed laboratory, for Schedule 1, Part 4—see Schedule 1, clause 24.

prescribed place, for Schedule 1—see Schedule 1, clause 1.

prosecutor, for Schedule 1A, Part 4—see Schedule 1A, clause 10.

public passenger service, for Part 8—see section 94(1).

recreational vessel means a vessel other than a commercial vessel.

recreational vessel production notice —see section 19A(2)(b).

registrable vessel —see section 49.

regulated Australian vessel has the same meaning as in the Navigation Act 2012 of the Commonwealth.

relevant nomination document, for Schedule 1A, Part 4—see Schedule 1A, clause 10.

relevant owner —see section 7.

relevant port, for Part 2, Division 4—see section 19Y.

responsible person, for Schedule 1A, Part 4—see Schedule 1A, clause 10.

responsible regulator, in relation to a marine safety licence, means—

sea cable, for Part 2, Division 4—see section 19Y.

seaworthy means capable of undertaking a voyage.

second or subsequent offence, for Part 3—see section 20(3).

security box, for Schedule 1, Part 4—see Schedule 1, clause 24.

special recreational vessel has the same meaning as in the Special Recreational Vessels Act 2019 of the Commonwealth.

special recreational vessel permit means a marine safety licence, held by a master of a special recreational vessel, that exempts the vessel from compulsory pilotage under Part 6.

speeding offence, for Schedule 1A—see Schedule 1A, clause 1(1).

State waters means any navigable waters within the limits of the State or the coastal waters of the State, within the meaning of the Interpretation Act 1987, Part 10.

Note—

The Interpretation Act 1987, Part 10 defines coastal waters of the State generally as the part of the territorial sea of Australia that is within 3 nautical miles of the coast. The Marine Pollution Act 2012 defines State waters differently for that Act. The definition in the Marine Pollution Act 2012 extends to waters within the limits of the State.

coastal waters of the State The Interpretation Act 1987, Part 10 defines coastal waters of the State generally as the part of the territorial sea of Australia that is within 3 nautical miles of the coast. The Marine Pollution Act 2012 defines State waters differently for that Act. The definition in the Marine Pollution Act 2012 extends to waters within the limits of the State.

statutory notice means the following—

subsidiary, for Part 6—see section 71(1).

temporary vessel order —see section 5(3).

Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Tribunal, for Part 4, Division 4—see section 41.

unsafe vessel has the same meaning as in Part 5, Division 1A.

unsafe vessel notice —see section 47(1).

vessel —

vessel registration certificate means a marine safety licence for a vessel that is required under Part 5, Division 2.