Marine Safety Act 1998 No 121
Current version for 8 January 2015 to date (accessed 30 January 2015 at 07:24)
Part 4Division 2

Division 2 Grant of marine safety licences and related matters

30   Grant of licences

(1)  Marine safety licences are to be granted by the responsible licensing official.
(2)  The responsible licensing official may approve or refuse applications for marine safety licences in accordance with this Act and the regulations.
(3)  Without limiting subsection (1) or (2), a boat driving licence may be granted by including it on a driver licence granted in accordance with statutory rules made under the Road Transport Act 2013.
Note. Section 57A of the Road Transport Act 2013 enables the statutory rules under that Act to make provision for the granting of driver licences under that Act that include boat driving licences. The section provides that such combined licences have effect as both driver licences and boat driving licences for the purposes of the road transport legislation and marine legislation.

31   Conditions of licences

(1)  Marine safety licences may be granted unconditionally or subject to conditions.
(2)  Any such condition may relate to any matter concerning marine safety, including insurance coverage, or indemnities, for damage or injury caused in connection with the activity to which the licence relates.
(3)  After granting a marine safety licence, the responsible licensing official may, by notice in writing to the holder of the licence:
(a)  impose conditions or further conditions on the licence, or
(b)  vary or revoke any of the conditions to which the licence is subject.
(4)  A marine safety licence is also subject to such conditions as are prescribed by the regulations. Any such condition cannot be varied or revoked by the responsible licensing official under this section.
(5)  A condition under this section may restrict or limit an activity authorised by the licence.

32   Offence to contravene conditions of licence

The holder of a marine safety licence must not, without lawful excuse, contravene any condition to which the licence is subject.

Maximum penalty: 50 penalty units.

33   Duration of licence

(1)  A marine safety licence remains in force (unless sooner cancelled) for the period specified in the licence or (if no such period is specified) until cancelled.
(1A)  If a boat driving licence is to be included on a driver licence granted under the Road Transport Act 2013, RMS (as the responsible licensing official for a boat driving licence) may alter the period during which the boat driving licence is in force so as to align it with the period during which the driver licence is in force.
(2)  A marine safety licence is not in force during any period it is suspended.
Note. See clause 4 of Schedule 4 with respect to duration of certain former licences.

34   (Repealed)

35   Offences relating to licences

(1)  A person must not pretend to be the holder of a marine safety licence.
(2)  A person must not, for the purpose of obtaining a marine safety licence, provide any information or produce any document that the person knows is false or misleading in a material particular.

Maximum penalty: 50 penalty units.

36   Special provision relating to marine pilot’s licence, marine pilotage exemption certificate and certificate of local knowledge

A marine pilot’s licence, marine pilotage exemption certificate or certificate of local knowledge must state, by way of condition, the ports or parts of ports (including berths) to which it applies.

37   Regulations relating to licences

(1)  The regulations may make provision for or with respect to marine safety licences.
(2)  In particular, the regulations may make provision for or with respect to the following:
(a1)  requiring a marine safety licence for the carrying out of any activity, or in relation to any other thing, that may be regulated under this Act,
(a)  the classes of a particular type of licence,
(b)  restrictions on the authority conferred by a particular type of licence or class of licence, whether by reference to the length of the vessel concerned or otherwise,
(c)  applications for licences,
(d)  the eligibility of applicants (including age, good character, qualifications, knowledge, experience, training and health),
(e)  the testing or examination of applicants or the holders of licences to determine whether they are or continue to be eligible to hold a licence,
(f)  the continuing education and training of holders of licences,
(g)  the grant of further licences after the expiry of licences,
(h)  the granting of different types of licences in the same document,
(i)  the replacement of licences that are lost, destroyed or defaced,
(j)  the return of licences that require alteration,
(k)  fees and charges payable in connection with licences and applications for licences, including in relation to the inspection of vessels,
(l)  the suspension and cancellation of marine safety licences, and the disqualification of persons from holding or obtaining marine safety licences.
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