Published on Australian Maritime Safety Authority (https://www.amsa.gov.au)
All domestic commercial vessels must have a certificate of survey unless exempt.
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.
To be eligible your vessel must:
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.
You must make sure your vessel continues to:
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:
Apply for a new approval using Exemption application for Class C restricted operations form (AMSA 523) and pay the fee to:
If you are making any of the above changes, you can also use this form to make any of the changes listed below.
Apply to vary your existing approval using Applications to vary a vessel certificate or approval form (AMSA 566) and pay the fee to:
Request a replacement copy
You can request a replacement copy of your class C restricted operations approval online.
Notify us of an engine change
If you want to notify us of a change to engine(s) on a domestic commercial vessel, where the change does not invalidate the Exemption 40 approval, please complete the Notification of change of engine form (AMSA1847).