Marine Act definitions

The Western Australian Marine Act 1982 contains the following definitions:

• Australian fishing vessel
• Commercial vessel
• Fishing vessel
• Floating restaurant
• Hire and drive vessel
• Passenger vessel
• Pleasure vessel
• Ship or vessel
• Trading ship

Australian fishing vessel

A fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under section 4 (2) of the Fisheries Act 1952 of the Commonwealth is in force.

Commercial vessel

A vessel which is not used solely for pleasure or recreation and the use of which is made, allowed or authorized in the course of any business or in connection with any commercial transaction and, subject to any specific provision to the contrary, includes any Government vessel other than one that belongs to an arm of the Defence Force.

Fishing vessel

A vessel used or intended to be used for catching fish, whales, seals, walrus or other living resources of the sea or the seabed for trading or manufacturing purposes, but excludes any vessel engaged in harvesting or transportation of algae or aquatic plants.

Floating restaurant

Includes a floating bar, canteen, coffee shop, food store or kitchen.

Hire and drive vessel

Any vessel which is let for hire or reward or for any other consideration whatsoever, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants, and which the hirer uses solely for pleasure.

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Passenger vessel

A vessel that carries, or is certified to carry, more than 12 passengers.

Pleasure vessel

Has the meaning stipulated in Part IV - Pleasure Vessels section 98 as follows:

• a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; and
   
• any other vessel declared to be a vessel to which this Part applies by order of the Minister under subsection (2).

Section 98 subsection (2)

The Minister may by order declare that this Part shall apply to any vessel or any type of vessel specified in that order (not being a vessel required to be licensed otherwise under this Act).

Ship or vessel

Any kind of vessel used or capable of being used in navigation by water, however propelled or moved, and includes -

• a barge, lighter, floating restaurant, or other floating vessel; and
   
• an air-cushion vehicle, or other similar craft, used wholly primarily in navigation by water,

but does not include pontoons or floating jetties used only for the purposes of walkways or storage and similar platforms situated adjacent to river banks or any other shore in circumstances in which they are not being towed or moored away from the shore.

Trading ship

A ship that is used, or, being a ship in the course of construction, is intended to be used, for, or in connection with, any business or commercial activity and, without limiting the generality of the foregoing, includes a vessel that is used, or, being a vessel in the course of construction, is intended to be used, wholly or principally for -

• the carriage of passengers or cargo for hire or reward; or
   
• the provision of services to ships or shipping, whether for reward or otherwise,

but does not include a fishing vessel.

For the purposes of this section, a ship that has been launched, but has not been completed and delivered under the relevant building contract, shall be deemed to be a ship in the course of construction.

Please note:

• The definitions above may not be exact, please refer to the Western Australian Marine Act 1982 (external link). 
   
• Commercial vessels operating in Western Australia require a certificate of survey issued by The Department for Planning & Infrastructure. Refer to section 26 of the Western Australian Marine Act 1982 (external link).

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