Marine Safety Act 1998 No 121
Historical version for 25 January 2008 to 31 July 2008 (accessed 27 November 2014 at 10:00) Current version
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 Minister.
(2)  The Minister may approve or refuse applications for marine safety licences in accordance with this Act and the regulations.

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 Minister 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 Minister under this section.
(5)  A condition under this section may restrict or limit an activity authorised by the licence.
Note. A condition of the registration of a commercial vessel may exempt the vessel from the requirement for a survey certificate (see section 53 (3) (b)) or from the requirement for its master or crew to hold a certificate of competency (see section 57 (2) (c)).

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.
(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   Fees for licences

(1)  The fees payable in respect of applications for licences are to be determined by the Minister.
(2)  Any such fee is not to exceed the maximum amount prescribed by the regulations.

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 or marine pilotage exemption certificate

A marine pilot’s licence or marine pilotage exemption certificate 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:
(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 payable in connection with licences and applications for licences.
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