Exemption 3—Marine Safety (Certificates of operation)

This exemption is for owners of certain vessels who may not want to obtain a certificate of operation, or comply with certain conditions on a certificate of operation.

Eligible vessels include some types of: 

  • tenders (including auxiliaries) 
  • vessels operating in sheltered waters (less than 7.5 metres long)
  • human powered vessels
  • sailing vessels
  • personal watercraft
  • dragon boats
  • bait gathering vessels

All domestic commercial vessels are required to have a certificate of operation unless exempt.

What this exemption will allow you to do

You will not need to apply for approval for this exemption as long as you comply with the conditions mentioned in Schedule 1. 

Exemption 03 exempts certain kinds of vessels and vessel operations from the requirement to have a certificate of operation, provided vessels comply with the conditions set out in Schedule 1 of this exemption.

However, a vessel does not need to comply with the conditions set out in Schedule 1 if:

  • we have given written approval for a vessel to operate in a way that does not comply with the condition 
  • the specified period of time is no more than 90 days
  • further conditions on the approval are complied with.

If you don’t wish to comply with the conditions in Schedule 1, you can apply to us for approval using the Miscellaneous form 758.

Conditions attached to a certificate of operation

Certain kinds of vessels that are required to have a certificate of operation may be exempt from the conditions on the certificate, provided the vessel complies with the conditions attached to each exemption set out in Schedule 2 of this exemption. 

Legislation and incorporated material

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Last Updated: 

30 June 2020