Chartering – NMSC Superyacht Policy

National Marine Safety Committee (NMSC) has established a nationally consistent policy on commercially operated superyachts. Superyachts when undertaking charters for clients are considered as commercial vessels under definitions used in state law and Part B of the National Standard for Commercial Vessels.

The new policy provides a nationally consistent approach to govern the commercial operation of foreign registered superyachts that do not carry more than 12 passengers on intrastate voyages. Superyachts not undertaking commercial operations are considered recreational vessels and are not subject to this policy.


The policy does not apply to foreign registered superyachts conducting an international voyage, even under charter, passing through Australian waters. Under the policy, foreign-registered superyachts may be granted a temporary recognition as a commercial vessel for a designated period where they carry

  • Certification – the list of certificates specified in the UK MSA publication and the Large Commercial Yacht Code (LY2), issued by an IACS classification society or by the UK or US governments
  • Safety Equipment – a current valid certificate from an IACS classification Society or the UK or US Governments for lifesaving appliances for crew and 12 passengers in an unlimited operating area, or a certificate issued under the relevant state legislation by an Australian marine authority.
  • Crew – in accordance with UK or US requirements, NSCV qualifications or STCW95-compliant licence.

Details and specifics of the comprehensive policy are on NMSC’s website http://www.nmsc.gov.au/media/images/superyacht_policy.pdf

Owners/managers of these vessels MUST contact the jurisdiction in which they propose to operate prior to commencing operation in order to have the prerequisites assessed and exemption/permission to operate issued.

 

Under this scheme the commercial operations in Australia will be restricted to 12 passengers or less.  Some super yachts wish to operate in 1E mode during the Xmas season carrying more than 12 pax.  If they wish to do this then an initial survey process applies (as per the super yacht policy) and more lead time is needed for processing and due-diligence checks.