A "sea change" in Queensland's marine safety laws - Recent marine safety reforms in Queensland

Resumen

On February 2016 the Queensland Government passed the Transport Operations (Marine Safety-Domestic Commercial Vessel National Law Act Application) Act 2016 (Qld) and the Transport Operations (Marine Safety) and Other Legislation Amendment Act 2016 (Qld). They came into effect on 1 September 2016 and effect approximately 5% of Queensland's commercial vessels. The purpose of this legislative reform is to implement the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) in all Queensland waters and to transfer all regulatory power to the Australian federal government over registration, licensing and other safety-related matters for "domestic commercial vessels" operating in Queensland waters. This article considers the changes made by this legislative reform and canvasses the likely operation of this reform in practice. Firstly, a broad overview of the legislative framework applicable to the regulation of vessels in Australian and Queensland waters will be provided. Against this context, the reasons for, and the specific changes effected by, the new legislation will then be explained. Lastly, the article will consider the practical impact that this legislative reform is likely to have on vessels operating in Queensland waters.