(1) In this Part:pilotage means the conduct of a vessel by a pilot as follows:
(a) inward pilotage, that is, the pilotage of a vessel entering into a pilotage port from the time at which the vessel crosses the port limit until the vessel is at anchor or made fast to the shore,(b) outward pilotage, that is, the pilotage of a vessel leaving a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is clear of the port limit,(c) harbour pilotage, that is, the pilotage of a vessel being moved within a pilotage port from the time at which the vessel is no longer at anchor or made fast to the shore until the vessel is at anchor or made fast to the shore.pilotage port means (subject to subsection (2)) any of the following ports:
(a) Sydney Harbour,(b) Botany Bay,(c) Newcastle,(d) Port Kembla,(e) Yamba,(f) Eden.pilotage service provider means:
(a) in relation to pilotage services provided by a Port Corporation under an operating licence under Division 3 of Part 2 of the Ports and Maritime Administration Act 1995—the Port Corporation (and, if those services are provided by way of a subsidiary, includes the subsidiary), or(b) in relation to pilotage services provided by a contractor under a contract under section 26A of the Ports and Maritime Administration Act 1995—the contractor, or(c) in relation to any other pilotage services—the Minister.subsidiary, in relation to a Port Corporation, means a body corporate that would be a subsidiary (as determined by the Corporations Act 2001 of the Commonwealth) of the Port Corporation if the Port Corporation were a company.
(2) The regulations may provide that any other port is a pilotage port for the purposes of this Part or that a port is no longer such a port.
Division 2 Prohibition against unauthorised marine pilots
72 Marine pilots in any port to be licensed
(1) A person must not act as the marine pilot of a vessel in any port unless the person is the holder of a marine pilot’s licence under this Act and the licence applies to that port.Maximum penalty: 100 penalty units.
Note. A marine pilot’s licence is a marine safety licence—Part 4 deals with the grant and other matters relating to any such licence.(2) An unlicensed person does not commit an offence against subsection (1) if the person is training as a marine pilot and is acting under the direct supervision of the holder of a marine pilot’s licence under this Act that applies to the port concerned.
73 Marine pilots in pilotage ports to be provided by pilotage service provider
A person must not act as the marine pilot of a vessel in a pilotage port unless:(a) in a case where the pilotage service provider is the Minister, the person has been authorised by the Minister to act as a marine pilot in that pilotage port, or(b) in any other case, the person is employed or engaged by the pilotage service provider.Maximum penalty: 100 penalty units.
74 Pilotage compulsory in pilotage ports
(1) Pilotage is compulsory in every pilotage port.(2) The master of a vessel must not enter, leave or move within a pilotage port with the vessel before taking on board the marine pilot made available by the pilotage service provider to conduct the vessel on its movement into the port, out of the port or within the port.Maximum penalty: 100 penalty units.
(2A) Subsection (2) does not apply to the movement of a vessel if:(a) approval for the movement of the vessel was obtained from the harbour master for the port concerned before the vessel was moved, and(b) the movement of the vessel was recorded in the vessel’s log.(3) This section continues to apply even though a marine pilot has deferred pilotage under this Division.Note. Pilotage charges are imposed by Part 5 of the Ports and Maritime Administration Act 1995.
75 Vessels exempted from compulsory pilotage
(1) Pilotage is not compulsory in a pilotage port, and section 74 does not apply, in respect of the following vessels:(a) a vessel whose master is the holder of a marine pilotage exemption certificate under this Act that applies to that port and vessel,(a1) a vessel whose master is the holder of a certificate of local knowledge under this Act that applies to that port and vessel,(b) a recreational vessel,(c) a vessel less than 30 metres in length,(d) a seaplane,(e) a vessel of any class declared by the regulations to be an exempt vessel for the purposes of this Part,(f) a particular vessel declared to be an exempt vessel for the purposes of this Part by order of the Minister given to the owner or master of the vessel.(2) Despite subsection (1), pilotage is compulsory, and section 74 applies, in respect of a vessel (whether or not the master is the holder of a marine pilotage exemption certificate or certificate of local knowledge under this Act) if pilotage is declared to be compulsory by the regulations or by order of the Minister given to the owner or master of the vessel.Note. Part 4 deals with the licensing of pilots and the issue of pilotage exemption certificates.
76 Deferment of pilotage generally
(1) When a vessel is unable, or will in the opinion of the master of the vessel be unable, to leave its berth or place of anchorage in a pilotage port within 1 hour after the time stated for so leaving in the application by the owner or master for a marine pilot, the marine pilot attending may defer pilotage and cease attendance.(2) When a vessel is unable, or will in the opinion of the master be unable, to enter into a pilotage port, within 1 hour after the time stated for so entering in the application by the owner or master for a marine pilot, the marine pilot attending may defer pilotage and cease attendance.
77 Deferment of pilotage for safety reasons
(1) If a marine pilot made available for pilotage considers that a vessel should not enter a pilotage port or should not leave its berth or place of anchorage for any reason related to marine safety, the marine pilot may direct the master of the vessel not to enter the pilotage port or not to leave the berth or place of anchorage pending the decision of the harbour master of the port.(2) The master of a vessel must comply with any such direction.Maximum penalty: 100 penalty units.
(3) A marine pilot who gives any such direction may defer pilotage and cease attendance.
78 Duties of master in connection with pilotage
(1) Before pilotage of a vessel begins, the master of the vessel must:(a) test the operation of the navigation, propulsion and steering systems of the vessel (including any parts of such systems as the regulations require) and record the results of those tests, and(b) inform the marine pilot of anything of which the master is aware that is likely to affect the safe operation of the vessel.(2) The master of a vessel under pilotage must:(a) ensure that any order given with the master’s authority by the marine pilot is carried out, and(b) give the marine pilot such information as the marine pilot may require for the safe navigation of the vessel.(3) The master of a vessel must not give to a marine pilot who requires information for the navigation of the vessel any information that the master knows is false or misleading.(4) The obligation of a master under subsection (1) (a) extends to a vessel that is exempt from pilotage because the master is the holder of a marine pilotage exemption certificate under this Act.Maximum penalty: 100 penalty units.
79 Liability of master and owner of vessel under pilotage
(1) A person who is made available as a marine pilot by the pilotage service provider and who has the conduct of a vessel is subject to the authority of the master of the vessel. The master is not relieved from responsibility for the conduct and navigation of the vessel merely because the vessel is under pilotage.(2) The master and the owner of a vessel being navigated under circumstances in which pilotage is compulsory are jointly and severally liable for any loss or damage caused by the vessel or by any fault of navigation of the vessel in the same manner as if pilotage were not compulsory.
80 Immunity of State, marine pilots, pilotage service provider and others
(1) Neither the State, nor the Minister, nor a pilotage service provider is liable for any loss or damage that is attributable to the negligence of any person made available as a marine pilot by the pilotage service provider while the person is acting as a marine pilot.(2) A person made available as a marine pilot by the pilotage service provider is not personally liable in pecuniary damages for any loss or damage attributable to the person’s negligence while the person is acting as a marine pilot.(3) A reference to a person made available to act as a marine pilot by a pilotage service provider includes a reference to a person who is in training as a marine pilot and acting under the direct supervision of the person made available to act as a marine pilot by the pilotage service provider.
81 Offence for marine pilot to endanger vessel
A marine pilot of a vessel who, by any wilful act or omission, endangers the vessel or its crew is guilty of an offence.Maximum penalty: 100 penalty units.
81A Marine pilot to notify certain matters to harbour master
It is the duty of a person acting as a marine pilot for a vessel under this Part to immediately notify the harbour master of the port concerned if the master of the vessel does not ensure the carrying out of any order of the person in relation to the conduct of the vessel while under that pilotage.
82 Provisions to apply when vessel under pilotage at request of owner
If a vessel (not required to be under pilotage) is under pilotage at the request of its owner, this Division applies to that vessel and its master and owner for the purposes of that pilotage.
(1) The regulations may make provision for or with respect to pilotage and, in particular, for or with respect to:(a) the administration of the pilotage service of a pilotage service provider and the duties of marine pilots and other officers in that service, and(b) the specification of when inward, outward and harbour pilotage begins and ends, and(c) the duties of masters of vessels in connection with pilotage (including the duties of masters of vessels who are exempt from compulsory pilotage in connection with the movement of the vessels), and(d) the records and reports in connection with pilotage to be made and furnished by masters of vessels and marine pilots.(2) The regulations relating to pilotage and marine pilots’ licences may apply, adopt or incorporate by reference wholly or partly, and with or without modification, any document published by the Minister in the Gazette or on the website of Transport for NSW as in force at a particular time or as in force from time to time.Note. The website of Transport for NSW is www.transport.nsw.gov.au.