All domestic commercial vessels must have a certificate of survey unless exempt.
What are Class C restricted vessels?
Marine Safety (Class C restricted operations) Exemption (also known as Exemption 40 or EX40) allows some vessels under 12 metres, operating in C restricted, D and E waters, to operate without a certificate of survey. This is subject to conditions including five-yearly in and out of the water surveys. Class C restricted waters are defined in Exemption 40 (Operational area) Determination. Note that in some states, different areas have been determined for different vessel lengths.
The requirements that apply to vessels using this exemption differ from the requirements for certificate of survey vessels in several ways. A class C restricted vessel is required to undergo initial survey, but does not need to comply with ‘full survey’ requirements. Instead, elements are up to the surveyor’s discretion, providing they are satisfied the vessel is fit for the intended use and the requirements of Exemption 40 are met. This enables some vessels that are not fully built to commercial standards to be certified for commercial use.
Access the My Boat system for guidance on how to keep your vessel compliant.
If your vessel is not eligible to use this exemption, it may still be exempt from requirements related to certificates of survey.
Eligibility
To be eligible your vessel must:
- be less than 12 metres long
- be a Class 2 (non-passenger) or Class 3 (fishing) vessel
- carry no passengers, unless the vessel is a class 2 vessel while operating only in D and E waters
- operate only in the part of operational area C determined by us (restricted C waters), D and E waters that is approved for the vessel’s length and number of persons carried
- carry no more than the maximum number of persons permitted to be carried on board the vessel
- comply with the conditions specified in Schedule 1 of the exemption—these requirements are less difficult than those required by a certificate of survey
- undergo an initial survey by an accredited marine surveyor.
Maximum number of persons permitted on class C restricted vessels
The following table indicates the maximum number of persons permitted on class C restricted vessels.
| Operational area | Maximum number of persons permitted | Maximum number of day passengers permitted |
|---|---|---|
| D or E | 12 | Class 2 vessels – 4 day passengers Class 3 vessels – 0 |
| Within 5 nm from a shore base that is also within restricted C operational area | 12 | 0 |
| Within 15 nm from the shore that is also within restricted C operational area | 6 | 0 |
| Elsewhere within the restricted C operational area | 3 | 0 |
Depending on the design, construction and stability characteristics of the vessel, the National Regulator may specify that a lesser number of persons are permitted on board the vessel.
Ongoing responsibilities
You must make sure your vessel continues to:
- meet the eligibility requirements
- comply with the conditions of the exemption
- comply with any other conditions applied to your approval
- be inspected in and out of the water by an accredited marine surveyor every five years, and provide the surveyor’s report to us.
You must notify us of any relevant change, including a transfer of vessel, change of name or address of the owner, and any alterations to the vessel or its operation that may invalidate an approval to operate under this exemption.
This exemption only relates to the requirement to have a certificate of survey. You are still required to comply with all other requirements that apply to domestic commercial vessels, unless you are exempt, including the requirement to:
- have a unique vessel identifier
- have a certificate of operation
- comply with the general safety duties, and have a safety management system.
How to apply
Use the Class C restricted operations form (AMSA523) to:
- apply for an Exemption 40 approval for the first time
- add or remove service categories
- remove or change conditions on your current approval
- notify us of vessel modifications (for a vessel with an existing approval)
- update engine details
- update the approval holder’s name (for example, for a name change)
- update the approval holder’s contact details
If you're only updating your contact details, you can do this without a fee by calling AMSA Connect.
What you need
Before you start, make sure you have:
- your vessel and current approval (if applicable) details
- any supporting information for changes or modifications
- payment details, the applicable fee will be displayed before you submit.
Based on your answers, your application may be treated as a new approval instead of a variation. The form will assess this automatically and show the correct fee before you submit