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HARBORS AND NAVIGATION REGULATIONS 2009

1. DEFINITIONS

1.1 For the purposes of this Notice of Recognition (Notice):

1.1.1 Endorsement means an extension or a limitation (restriction) on a certificate of competency relating to:

2. REVOCATION OF NOTICE OF RECOGNITION

2.1 I, BRIAN EDWARD HEMMING, Director, Transport Safety Regulation Directorate of the Department for Transport, Energy and Infrastructure, delegate for the Chief Executive of the Department, pursuant to section 11 (2) of the Harbors and Navigation Act 1993, do hereby revoke the Notice of Recognition issued pursuant to Regulation 70 of the Harbors and Navigation Regulations 1994 dated 26 May 2009.

3. RECOGNITION OF CERTIFICATES OF COMPETENCY

3.1 I, BRIAN EDWARD HEMMING, Director, Transport Safety Regulation Directorate of the Department for Transport, Energy and Infrastructure, delegate for the Chief Executive of the Department, pursuant to section 11 (2) of the Harbors and Navigation Act 1993, do hereby exercise the powers under Regulation 94 of the Harbors and Navigation Regulations 2009 (the Regulations), to give notice and declare that the following certificates of competency issued under the law of another jurisdiction listed in Schedule 1 below (Columns B to G), to be equivalent to the certificates of competency of that specified class (Column A) issued in South Australia under provision of the Regulations, as described in the same row, but subject to the conditions listed in this Notice.

Schedule 1: Equivalent Certificates of Competency

A. Certificates in this column issued under the South Australian Harbors and Navigation Act 1993.

B. Certificates in this column issued under the New South Wales Commercial Vessels Act 1979.

C. Certificates in this column issued under the Victorian Marine Act 1998.

D. Certificates in this column issued under the Queensland Transport Operations (Marine Safety) Act 1994.

E. Certificates in this column issued under the Western Australian Marine Act 1982.

F. Certificates in this column issued under the Tasmanian Marine and Safety Authority Act 1997.

G. Certificates in this column issued under the Northern Territory Marine Act.

4. CONDITIONS OF RECOGNITION

4.1 Where a certificate of competency issued under the law of another jurisdiction contains one or more endorsements, that certificate of competency is recognised as equivalent to a certificate of competency of a specified class issued in South Australia, but will be subject to the same endorsements.

4.2 For the purposes of 4.1, endorsements imposed on certificates of competency issued under the law of another jurisdiction are to be interpreted as follows:

4.2.1 references to another jurisdiction are to be read as references to South Australia; and

4.2.2 references to officers or authorities of another jurisdiction are to be read as references to corresponding officers or authorities in South Australia.

4.3 The period of recognition is limited to the duration of the validity of the certificate of competency as issued under the law of another jurisdiction.

4.4 Recognition of equivalence under this Notice will only apply where the certificate of competency issued under the law of another jurisdiction has an expiry date of five years or less.

4.5 This Notice may be varied or revoked at any time by further notice in writing.

5. CERTIFICATES SUBJECT TO CASE BY CASE ASSESSMENT

5.1 The following certificates of competency are not recognised as equivalent under this Notice but may be recognised on a case by case assessment:

5.1.1 certificates of competency issued prior to the adoption of the Uniform Shipping Laws Code (USL Code) in another jurisdiction;

5.1.2 certificates of competency issued after the adoption of the USL Code in another jurisdiction, but during the transition to the USL Code and was granted on the basis of conditions in place prior to the adoption of the USL Code;

5.1.3 certificates of competency containing an endorsement, or other provision, relating to operation of government vessels;

5.1.4 certificates of competency containing any endorsements that relate to specific limitations/restrictions, of which there is no exact South Australian equivalent (e.g. references to named harbours, safe havens, etc.).

5.2 Applications to have a certificate of competency which fall under Clause 5.1 recognised as equivalent to a South Australian certificate to be directed to the Qualifications Section of the Department for Transport, Energy and Infrastructure (Telephone (08) 8348 9506 or (08) 8348 9562) to determine whether the certificate may be recognised as equivalent in South Australia.

Dated 11 September 2009.

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