Access and Interpret Relevant Legislation and Codes | Australian Marine Legislative Framework |
National Legislation
The IMO conventions and associated arrangements have been implemented in Australia through the Commonwealth Navigation Act 1912 and its associated Regulations (Marine Orders).
Access the internet and click on the link below to locate a copy of the Navigation Act 1912.
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State Legislation
In Queensland the law governing maritime safety is the Transport Operations (Marine Safety) Act 1994, Regulation (2004) and associated standards. The Act provides principles and administrative framework for legislation. The Regulation determines what must be done to comply with Queensland laws. Standards provide guidelines for operators to achieve higher safety levels.
Transport Operations (Marine Safety) Act 1994
“TOMSA” as it is commonly referred to, defines Queensland’s maritime law. The Act applies to:
- all ships connected with Queensland, wherever they may be
- all ships in a Queensland pilotage area or port
- all ships travelling intrastate
- all interstate and foreign-going ships in Queensland waters.
The major divisions relevant to operators and crew in the Act are the general safety obligations, licensing requirements, pilotage areas and marine incidents.
Access the internet and and click on the link below to locate a copy of TOMSA to find information pertaining to:
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Transport Operations (Marine Safety) Regulation 2004
The Regulation outlines specific matters that must occur to achieve compliance with the Act. It is much more of a working document for operators and crew than the Act.
Actions of the Regulation of particular importance include:
- Part 2 – Safety equipment
- Part 3 – Accreditation, ship building and registration of ships
- Part 4 – Licences to operate ships
- Part 5 – Ship operations
- Part 7 – Pilotage areas, compulsory pilotage areas and pilots
- Part 9 – Other matters about marine safety.
Access the internet and and click on the link below to locate a copy of the Transport Operations (Marine Safety) Regulation and find information pertaining to:
www.msq.qld.gov.au/Home/Legislation/
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Marine Orders
Marine Orders are a body of delegated legislation made pursuant to the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. In response to changes in international law, industry requirements, and technological developments, the Marine Orders are regularly amended or repealed. Many of these amendments are in response to technical amendments to international conventions made through the International Maritime Organisation. Where a Marine Order is repealed, a new issue is made. Approximately 13 amendments or re-issues are made a year.
Access the internet and and click on the link below to locate a copy of Marine Orders. |
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