Document ID: chunk:federal_register_of_legislation:F2018C00034:reg:9:p4
Version: federal_register_of_legislation:F2018C00034
Segment Type: reg
Provision Reference: reg 9 (pt 4/34)
Character Range: 17452–20159

in the coastal sea of Australia other than the Hydrographers Passage pilotage area that is outside the territorial sea of Australia and within the exclusive economic zone of Australia.
Note 2   The Great Barrier Reef Marine Park Regulations 1983 prescribe the Hydrographers Passage, the inner route and the Whitsundays pilotage area to be compulsory pilotage areas for the Great Barrier Reef Marine Park Act 1975 — see Great Barrier Reef Marine Park Regulation 1983, r 118.
Note 3   For the kinds of vessels to which this Order applies — see subsection 162(1) and Part 3 of Chapter 1 of the Navigation Act.

7 Compulsory pilotage areas — Navigation Act, s 163(1)
       For subsection 163(1) of the Navigation Act, the following waters are compulsory pilotage areas:
       (a)   the Great North East Channel pilotage area;
       (b)   the Hydrographers Passage pilotage area;
       (c)   the inner route pilotage area;
       (d)   the Torres Strait;
       (e)   the Whitsundays pilotage area.

8 Duties of licensed pilot and licensed pilotage provider — Navigation Act, s 169(1)
       For paragraph 169(1)(a) of the Navigation Act:
(a) a duty of a licensed pilot is to provide information and advice while on a vessel to the master of the vessel to assist the safe navigation of the vessel in a compulsory pilotage area; and
(b) a duty of a licensed pilotage provider is to provide pilots and pilot transfers to a vessel and maintain a safety management system to ensure the safe navigation of the vessel in a compulsory pilotage area.
Note 1   It is an offence for a person to perform duties of a licensed pilot or a licensed pilotage provider if the person is not a licensed pilot or a licensed pilotage provider — see section 169 of the Navigation Act.
Note 2   It is an offence for a person to engage a person to perform duties of a licensed pilot if the person engaged is not a licensed pilot — see section 171 of the Navigation Act.
Division 2 Pilotage providers
Subdivision 2.1 Application, decision etc

9 Application
       (1)A person (the applicant) may apply to AMSA for a pilotage provider licence.
Note 1   Giving false or misleading information is an offence against the Criminal Code, sections 136.1 and 137.1.
Note 2   A fee may be determined for this section — see the AMSA Act, s 47.
       (2)The application must:
(a)  be in writing; and
(b) include the applicant's proposed safety management system.
Note 1   For the mandatory requirements for a safety management system — see section 43.
Note 2    If a form is approved for the application, the approved form must be used and is available on the AMSA website at http://www.amsa.gov.au — see Marine Order 1 (Administration) 2013.