[MAT 31,010] Interpretation2
- Act
means the Maritime Transport Act 2013;
- approved body
is a body that is approved by the Authority to carry out training and certification of boating guides and national boat assessors;
- Authority
means the Maritime Safety Authority of Fiji;
- boat
means an inflatable or rigid boat maneuvered by—
- (a)oars or paddles; or
- (b)a combination of oars and paddles,
and includes inflatable or rigid kayaks, rafts and canoes;
- boat trip
means a journey on a river using a boat;
- boating guide
means a person who holds a National Boat Guide Certificate issued by an approved body or a Boat Guide Certificate issued by another state and recognised by the Chief Executive Officer;
- Certificate of Compliance
means a certificate issued by the Chief Executive Officer to a commercial boating operator who has met the requirements of these Regulations and has the same meaning as a maritime document as defined under section 2 of the Act;
- Chief Executive Officer
means the Chief Executive Officer of the Authority;
- commercial boat
means any boat or device that is used to transport fare paying passengers and guests within the inland waters of Fiji;
- commercial boating operation
means a business that carries passengers for hire or monetary exchange or equivalent on inland waters of Fiji;
- commercial boating operator
—
- (a)means the person who is, for the time being, responsible for the management of the commercial boating operation; and
- (b)does not include a person who is only involved in a commercial boating operation as a guide;
- demarcated area of operation
refers to that area of inland water approved by the Chief Executive Officer to which the Certificate of Compliance makes reference to;
- group guide commercial boating
means—
- (a)one or more boats where at least one boat has no on-board guide; and
- (b)the boat or boats without a guide on board are being guided by a guide who is located on another boat, safety boat or the adjacent river bank;
- impaired
means affected by fatigue, injuries, medical condition or by the consumption of alcohol or other drug such as kava to such a degree that the person may be a risk to the safety of himself or herself or to any other person on the boat;
- inland waters
means waters which terminates at the shoreline of any island of Fiji and includes rivers, lakes and dams;
- major modification
, in relation to a commercial boat, means an alteration or modification of the commercial boat that involves the replacement, removal or addition of any—
- (a)part of the commercial boat that is likely to significantly affect the structural integrity, passenger capacity, watertight subdivision or stability; or
- (b)safety equipment of the commercial boat, other than the direct replacement of equipment;
- multiple boat trips
means a boat trip consisting of 2 or more commercial boats;
- multi-chambered
means a commercial boat that has multiple pontoon chambers that are separated by baffles, each of which has its own valve or bulkheads in solid frame or rigid boats;
- National Boating Assessor
means a person certified as a National Boating Assessor by an approved body or a person certified as a National Boating Assessor by another state that is recognised by the Chief Executive Officer;
- operation
means the commercial boating operation which is subject to ongoing periodic inspections and audits by the Chief Executive Officer to ensure that the operation continues to meet the standards prescribed in these Regulations;
- passengers
in relation to a commercial boat, means any person carried on board a commercial boat, other than a guide, a trainee guide or any other employee of the commercial boating operation;
- personal flotation device
means a buoyancy aid that complies with the New Zealand or Australian standards or equivalent standards for buoyancy aids recognised by the Authority;
- rapids
means parts or sections of a river where the current is very fast and turbulent;
- Recognised Authority
means an entity recognised by the Chief Executive Officer as being competent to verify buoyancy aids standard;
- Risk Management Operational Plan
or Plan means the Risk Management Operational Plan required for managing risk of commercial boating operations prepared in accordance with these Regulations and approved by the Chief Executive Officer under regulation 6;
- safety boat
means a kayak, river sledge or a boat used to support the safety management of a boat trip, that meets the requirement of regulation 33;
- sole-guided commercial boat trip
means a boat trip led by a single guide in one boat without the support of another boat guide or a safety boat;
- specialist personal flotation device
means a buoyancy aid that complies with New Zealand or Australian standards or equivalent standards for buoyancy aids used only by the guides that is recognised by the Authority;
- sporting event
means any organised games, competition or other event involving competitors;
- trainee guide
means a person who is currently completing the training requirements specified for a National Boat Guide Certificate or Recognised National Boat Guide Certificate of another state; and
- trip leader
means a guide in overall control of a boat trip.
The Laws of Fiji