Today’s correspondent asks
Could you please explain the legality of how the Skippers of the RFS boats are only required to hold a NSW recreation boat licence while operating RFS craft on inland water ways , carrying out what I’m sure wouldn’t be considered a recreational activity and more fall into the category of commercial . While marine rescue skippers operating on inland waterways are to have commercial level qualifications including having a SROCP -radio licence which is issued by the Australian Maritime college.
The Marine Safety Act 1998 (NSW) distinguishes between a recreational vessel and a commercial vessel. The term ‘recreational vessel’ means ‘a vessel other than a commercial vessel’ (sch 5). A commercial vessel is ‘(a) a domestic commercial vessel, or (b) a regulated Australian vessel, or (c) a foreign vessel’. A domestic commercial vessel is ‘a vessel that is for use in connection with a commercial, governmental or research activity’ (Marine Safety (Domestic Commercial Vessel) National Law s 7). The RFS is a department of the NSW government, so an RFS vessel is used in connection with a ‘governmental’ activity. Marine Rescue NSW is not a government organisation but is clearly part of the government’s rescue management. We can accept that both are commercial vessels.
If they are commercial, then the Marine Safety (Domestic Commercial Vessel) National Law will apply. That law is set out in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) sch 1 (‘the National Law’), and is incorporated into NSW law by the Marine Safety Act 1998 (NSW) s 9C .
One could try and work through the National Law to identify the various licences, but we don’t need to. Section 143 says
The National Regulator may exempt from the application of this Law, or specified provisions of this Law:
(a) a specified vessel or class of vessels; or
(b) a specified person or class of persons.
The Regulator has done that in the form of Marine Safety (Emergency service vessels) Exemption 2025 (and for a plain language explanation of this exemption, see https://www.amsa.gov.au/about/regulations-and-standards/exemption-24-marine-safety-emergency-services-vessels). In short
Exemption 24 permits eligible volunteer emergency services to crew their vessels using trained volunteers without holding the certificate of competency that’s usually required.
This exemption applies to both fire service organisations (such as the RFS) and volunteer marine rescue organisations (such as NSW Marine Rescue). It says the master of a emergency service vessel is required to hold a ‘Recreational boating operator licence for relevant state or territory’ (sch 2, [1]). That covers the RFS.
Marine rescue, as the name implies, operate out to sea. The master of a vessel operating up to 3 nautical miles off shore must (sch 2, [3])
…
(b) have completed the MAR Maritime Training Package Coxswain Grade 2 near coastal course at certificate I level, or other units of competency or other training considered by the operator of the vessel to be equivalent; and
(c) hold a Short Range Operator Certificate of Proficiency (SROCP) or other training considered by the operator of the vessel to be equivalent to the training required for this certificate; and
To operate a vessel beyond 3 nautical miles, the master must have completed further training as a coxswain or master (sch 3, [4]).
Further minimum qualifications are set out in the State Rescue Policy. That policy requires all marine rescue masters and crew to have a Short Range Operator Certificate of Proficiency (NSW State Rescue Policy, 5th ed, 20 September 2024, Attachment K, pp. 80-84).
Marine Rescue NSW operates out to sea in all units except perhaps Alpine Lakes (in the Snowy Mountains) and Moama on the Murray River. I would imagine however that Marine Rescue trains all its masters to be able to operate off shore as that is a core part of the task and a member wearing a uniform to show they are rated as coxswain or master will have to meet the competencies even if he or she does not normally operate out to sea.
Conclusion
Skippers of RFS boats are only required to hold a NSW recreation boat licence while operating RFS craft on inland water ways because the Australian Maritime Safety Authority’s exemption 24 says that is all they require.
Equally the exemption requires the master of marine rescue vessel to hold higher coxswain or master qualifications and a SROCP. I suspect all MR masters are qualified to operate at least 3 nautical miles to sea but even if that is not the case, and they are only qualified to operate on inland waters, they must still hold an SROCP because the State Rescue Board policy says so.
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AMSA have an agreement with the NSW RFS that Skippers need to comply with training in designated national units of competency. These units of competency provide internal Skipper qualifications to drive a vessel. To Skipper a NSW RFS vessel, one must have successfully completed these courses, plus hold the necessary pre-requisite courses to be considered for selection to undertake the RFS Marine courses, along with a recreational boating licence and the authority of the relevant District Manager prior to being able to be considered a ‘Skipper’. As for the SROCP, one of the units of competency was successful completion of the ‘Australian Waters Qualification’ online course, in order to operate a Marine VHF radio. Hope this clears up NSW RFS Skipper requirements somewhat.
Indeed, and I did not quote the AMSA exemption 24 in full because I was limiting my answer to why a recreational licence was sufficient. I note however that Exemption 24 requires that the master of the vessel must ‘complete training provided by the operator of the vessel on the vessel’s operations’ (Exemption 24, sch 2, [1]) and ‘meet any requirements of the operator of the vessel for on-going training’ (Exemption 24, [5]).
To extend this to a Mines Rescue Team with a marine rescue capability on private waters within the mine lease. Does the definition of commercial Infer using the vessel to generate an income? We have had similar discussion in relation to the inspection of life jackets also.
The Marine Safety Act 1998 (NSW) applies to ‘navigable waters’ that is water that ‘open to or used by the public for navigation, whether on payment of a fee or otherwise’ and the ocean out to 3 Nautical miles. (schedule 5 definition of ‘state waters’ and ‘navigable waters’. It’s a private water way (eg a dam) then I don’t suppose AMSA has anything to say on the matter.
No the definition of ‘commercial’ does not imply using a vessel to generate an income. As the post says ‘A domestic commercial vessel is ‘a vessel that is for use in connection with a commercial, governmental or research activity…’ Government or research does not infer for profit or to earn an income. In any event, a vessel operated by a mine is clearly a vessel being used for a commercial purpose as the mine is a commercial purpose. If the Marine Safety Act applies to the waterway in question, then the exemptions only apply if you are an ESO that is ‘an organisation:
(a) established to provide emergency response, emergency management services or disaster relief; and (b) given responsibilities by a State, Territory or Commonwealth government in an emergency or disaster’. Mines Rescue probably fit that definition see https://australianemergencylaw.com/2012/07/21/597/