LIGHTHOUSES AND LIGHT DUES REGULATIONS - Incorporating all amendments by
legislation made to 30 September 1980
- Reprinted as at 30 September 1980 (HISTREG CHAP 96 #DATE 30:09:1980)
*1* The Lighthouses and Light Dues Regulations (in force under the Lighthouses Act 1911) as shown in this reprint comprise Statutory Rules 1952 No. 79 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Application, Date of saving or Year and notification Date of transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1952 No. 79 18 Sept 1952 Part II: 1 Jan 1951 Remainder: 18 Sept 1952 1956 No. 64 24 Sept 1956 1 Oct 1956 - 1957 No. 59 24 Oct 1957 24 Oct 1957 - 1962 No. 87 27 Sept 1962 1 Oct 1962 - 1963 No. 99 24 Oct 1963 24 Oct 1963 - 1965 No. 137 23 Sept 1965 1 Oct 1965 - 1967 No. 132 28 Sept 1967 Rr. 2, 4 and 10: 28 Sept 1967 Remainder: 1 Oct 1967 R. 10 1968 No. 109 26 Sept 1968 1 Oct 1968 - 1969 No. 108 31 July 1969 31 July 1969 - 1970 No. 138 1 Oct 1970 1 Oct 1970 - 1971 No. 18 4 Feb 1971 4 Feb 1971 - 129 30 Sept 1971 1 Oct 1971 - 1972 No. 154 25 Sept 1972 1 Oct 1972 - 1973 No. 195 27 Sept 1973 1 Oct 1973 - 1976 No. 211 28 Sept 1976 1 Oct 1976 - 1977 No. 173 30 Sept 1977 1 Oct 1977 - ---------------------------------------------------------------------------- LIGHTHOUSES AND LIGHT DUES REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Parts
3. Repeal
PART II-LIGHTHOUSE ADVISORY COMMITTEE
4. Interpretation
5. Lighthouse Advisory Committee
6. MeetinDs of the Committee
7. Deputy of Chairman
8. Deputies of members
9. Quorum and vacancy in the office of member
10. Functions of Committee
11. Fees, travelling allowance and fares
12. Commencement of Part II
PART III-LIGHT DUES
13. Interpretation
14. Payment of light dues
15. Rate of light dues
16. Light dues-when and to whom payable
17. Refund of light dues
18. Remission of light dues
19. (Repealed)
20. Vessels exempted
PART IV-MISCELLANEOUS
21. Prescribed officers
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Lighthouses and Light Dues
Regulations.*1*
See notes to first article of this Chapter.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 2.
Parts
Amended by 1963 No. 99 r. 1
2. These Regulations are divided into Parts, as follows:
Part I-Preliminary (Regulations 1-3)
Part II-Lighthouse Advisory Committee (Regulations 4-12)
Part III-Light Dues (Regulations 13-20)
Part IV-Miscellaneous (Regulation 21).
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 3.
Repeal
3. (1) The Lighthouses (General) Regulations (comprising Statutory Rules
1930,
No. 128; and Statutory Rules 1937, No. 83) are repealed.
(2) The Commonwealth Light Dues Regulations 1925 (comprising Statutory Rules
1925, No. 163; Statutory Rules 1932, No. 35; Statutory Rules 1934, No. 92; and
Statutory Rules 1937, No. 88) are repealed.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 4.
Interpretation
PART II-LIGHTHOUSE ADVISORY COMMITTEE
Amended by 1963 No. 99 r. 2
4. In this Part, unless the contrary intention appears-
"member" means a member of the Committee;
"Regional Controller" means a person for the time being performing the
duties of an office of Regional Controller, Department of Shipping and
Transport;
"the Chairman" means the Chairman of the Committee;
"the Committee" means the Lighthouse Advisory Committee appointed under
this Part;
"the Department" means the Department of Shipping and Transport;
"the Territory of Papua and New Guinea" has the same meaning as in the
Papua and New Guinea Act 1949-1950.*2*
*2* S. 4-Repealed by the Papua New Guinea Independence Act 1975 (No. 98,
1975).
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 5.
Lighthouse Advisory Committee
Sub-reg. (1) amended by 1963 No. 99 r. 3; 1969 No. 108 r. 1
5. (1) The Minister may appoint a Lighthouse Advisory Committee which shall
consist of-
(a) three officers of the Department;
* * * * * * * *
(d) an officer of the Department of Works;
(e) an officer of the Royal Australian Navy with hydrographic
qualifications;
(f) a representative of certificated navigating officers and other seamen;
(g) a representative of Australian coasting shipping interests;
(h) a representative of oversea shipping interests;
(i) two representatives of the Department of External Territories; and
(j) a representative of the shipping interests of the Territory of Papua
and New Guinea.
Amended by 1971 No. 18 r. 1
(2) The members specified in paragraphs (g) and (h) of the last preceding
sub-regulation are not entitled to attend meetings of the Committee except
when matters relating to marine navigational aids on the Australian coast are
being considered.
Amended by 1971 No. 18 r. 1
(3) The members specified in paragraphs (i) and (j) of sub-regulation (1) of
this regulation are not entitled to attend meetings of the Committee except
when matters relating to marine navigational aids on the coasts of the
Territory of Papua and New Guinea are being considered.
Substituted by 1963 No. 99 r. 3
(4) The Minister shall appoint one of the officers referred to in paragraph
(a) of sub-regulation (1) of this regulation to be the Chairman of the
Committee.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 6.
Meetings of the Committee
6. Meetings of the Committee shall be convened by the Chairman by notice in
writing, specifying the time and place of meeting, to each member entitled to
attend the meeting.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 7.
Deputy of Chairman
Sub-reg. (1) amended by 1963 No. 99 r. 4
7. (1) The Chairman may appoint an officer of the Department to be his
deputy. (2) In the absence of the Chairman from a meeting, his deputy shall
preside at the meeting and, in relation to the meeting, shall have all the
powers and functions of the Chairman.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 8.
Deputies of members
8. (1) Where a member (other than the Chairman) who is entitled to attend a
meeting of the Committee is unable to attend that meeting, he may appoint a
person to be his deputy at that meeting.
(2) A person so appointed has, in the absence from the meeting of the member
of whom he is the deputy, all the powers and functions of that member at the
meeting.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 9.
Quorum and vacancy in the office of member
9. (1) At a meeting, the Chairman, or, if he is not present, the deputy of
the Chairman, and five other members form a quorum. (2) A vacancy in the
office of a member does not invalidate proceedings of the Committee.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 10.
Functions of Committee
Amended by 1971 No. 18 r. 2
10. The Minister may refer to the Committee for advice a matter relating
to-
(a) the provision or alteration of marine navigational aids; and (b) the
relative order of importance of the provision or alteration of marine
navigational aids.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 11.
Fees, travelling allowance and fares
Sub-reg. (1) amended by 1957 No. 59; 1967 No. 132 r. 2; 1971 No. 18 r. 3
11. (1) A member, or the deputy of a member, is entitled to receive a fee of
Thirty-five dollars for each day or part of a day on which he attends a
meeting of the Committee.
Amended by 1957 No. 59; 1967 No. 132 r. 2
(2) Where, in order to attend a meeting of the Committee, a member, or the
deputy of a member, is necessarily absent overnight from his place of
residence, he is entitled to receive travelling allowance at the rate
specified in sub-regulation (2) of regulation 75A of the Public Service
Regulations as in force from time to time during the time he is necessarily
absent from his place of residence.
Inserted by 1967 No. 132 r. 2; amended by 1969 No. 108 r. 2
(2A) Where a member, or the deputy of a member, attends a meeting of the
Committee held in a city or town other than that in which he resides but is
not absent overnight from his place of residence, he is entitled to receive
for each meal purchased by him during the period for which he is necessarily
absent from his place of residence an allowance in accordance with the
following table:
------------------------------------------------------------------------------
-- Meal Allowance
------------------------------------------------------------------------------
-- Breakfast . . . . . . . . . . . . . . . . . . One dollar Midday meal . .
. . . . . . . . . . . . . . . One dollar ten cents Evening meal . . . . .
. . . . . . . . . . . One dollar ninety-five cents
------------------------------------------------------------------------------
--
Amended by 1967 No. 132 r. 2 (3) Where a member, or the deputy of a member,
attends a meeting of the Committee held in a city or town other than that in
which he resides-
(a) he is entitled, for the purpose of attending the meeting, to travel
first-class by rail or air, at the cost of the Commonwealth, from the city or
town where he resides to the city or town where the meeting is to be held and,
on the completion of the meeting, from the city or town where the meeting was
held to the city or town where he resides; or
(b) if he does not travel by rail or air, he is entitled to receive the
amount of the first-class rail or air fare, whichever is the less.
(4) In this regulation, "member" does not include a member who is an
officer of the Public Service of the Commonwealth or of the Public Service of
the Territory of Papua and New Guinea.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 12.
Commencement of Part II
12. This Part shall be deemed to have come into operation on the first day
of January, One thousand nine hundred and fifty-one.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 13.
Interpretation
PART III-LIGHT DUES
Amended by 1967 No. 132 r. 3; 1971 No. 18 r. 4
13. In this Part, unless the contrary intention appears-
"Australian port" means a port appointed, proclaimed or prescribed as a
port under the Customs Act 1901-1951 or under a law of a State;
"home port" means, in relation to a ship, the port notified as such by the
owner or agent to a Collector at that port;
"out of commission" means, in relation to a ship-
(a) being moored in a harbour and not engaged in the ordinary
employment, including the loading and unloading of passengers or cargo for
hire or reward, of a merchant ship; or
(b) being wrecked or stranded while proceeding from one Australian port
to another;
"quarter" means a period of three months commencing on the first day of
the month of January, April, July or October in any year;
"sea-going ship" includes a ship which, in the course of its voyage to or
from an Australian port, passes a marine navigational aid under the control of
the Commonwealth;
"tonnage ", in relation to a ship, means net registered tonnage (excluding,
if the tonnage contains a part of a ton, that part) of the ship.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 14.
Payment of light dues
14. Light dues are payable in accordance with these Regulations in respect
of a sea-going ship other than a ship exempt from payment of light dues under
regulation 20 of these Regulations.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 15.
Rate of light dues
Substituted by 1976 No. 211 r. 2; amended by 1977 No. 173 r. 1
15. The rate of light dues payable in respect of a ship is 41 cents per ton
of the tonnage of the ship.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 16.
Light dues-when and to whom payable
Sub-reg. (1) amended by 1971 No. 18 r. 5
16. (1) Light dues in respect of a ship which trades solely between
Australian ports, other than a ship to which the next succeeding
sub-regulation applies, are payable on the first day of each quarter to a
Collector at the home port of the ship or at such other port as the owner or
agent of the ship has notified to a Collector at the home port before the date
on which dues become payable.
Amended by 1971 No. 18 r. 5
(2) Light dues in respect of a ship-
(a) which is being first placed in commission after construction in an
Australian port;
(b) which is regularly employed or moored within the limits of an
Australian port;
(c) which is exempt from light dues on arrival at an Australian port and
while at that port ceases to be exempt from the payment of light dues; or
(d) which is being placed in commission at an Australian port, or being
sent to sea from an Australian port, after a period in respect of which light
dues have been remitted in respect of the ship under sub-regulation (3) of
regulation 18 of these Regulations,
are payable on the day of departure of the ship from, and to a Collector at,
that port and thereafter in accordance with this regulation.
Amended by 1971 No. 18 r. 5
(3) Subject to the next succeeding sub-regulation, light dues in respect of
a ship, other than a ship to which sub-regulation (1) or sub-regulation (2) of
this regulation applies, are payable-
(a) where light dues have not previously been paid in respect of the ship,
on the day of its arrival at an Australian port to a Collector at that port;
(b) where the ship arrives at an Australian port after the expiration of a
period of three months from the date on which light dues last became payable
in respect of the ship, on the day of its arrival at that Australian port to a
Collector at that port; and
(c) where the ship is in an Australian port on the day immediately
following the expiration of a period of three months from the date on which
light dues last became payable in respect of the ship, on that day to a
Collector at that port.
Amended by 1967 No. 132 r. 5
(4) Light dues are not payable in respect of a ship under the last preceding
sub-regulation by reason only of the ship arriving at or being in an
Australian port-
(a) to take aboard water, provisions or fuel to be used by the ship for
completing a voyage previously entered upon;
(aa) to engage or discharge a member of the crew;
(b) to disembark a passenger or a member of the crew for urgent medical
treatment; or
(c) for shelter, repairs or refitting.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 17.
Refund of light dues
Substituted by 1962 No. 87 r. 3
17. (1) Where a ship in respect of which light dues have been paid for a
quarter in accordance with sub-regulation (1) of the last preceding regulation
has been prevented from putting to sea for a continuous number of days
exceeding thirty, any one of which occurs in that quarter, a Collector may
refund in respect of each such day that occurs in that quarter an amount
ascertained by dividing by ninety-one the amount of light dues paid in respect
of the ship for that quarter.
Inserted by 1967 No. 132 r. 6; amended by 1971 No. 18 r. 6
(1A) Where a ship in respect of which light dues have been paid in
accordance with paragraph (d) of sub-regulation (2) of the last preceding
regulation has subsequently been prevented from putting to sea for a
continuous number of days exceeding thirty, any one of which occurs in the
quarter in which the light dues were paid, a Collector may refund in respect
of each such day that occurs in that quarter an amount ascertained by dividing
the amount of light dues paid by a number equal to the number of days in that
quarter for which light dues were paid.
(2) Where-
(a) light dues have been paid in respect of a ship in accordance with
paragraph (a) or paragraph (b) of sub-regulation (3) of the last preceding
regulation;
(b) light dues have also been paid in respect of the ship in accordance
with paragraph (c) of that sub-regulation; and
(c) the ship has been prevented from putting to sea from a port in
Australia for a continuous number of days exceeding thirty, any one of which
occurs in the period of three months that commences on the day on which the
light dues referred to in the last preceding paragraph became payable,
a Collector may refund in respect of each such day that occurs in that period
of three months an amount ascertained by dividing by ninety-one the amount of
light dues that became payable, under paragraph (c) of sub-regulation (3) of
the last preceding regulation, on the commencement of that period of three
months.
(3) For the purposes of this regulation, a reference to a ship that has been
prevented from putting to sea shall be read as a reference to a ship that has
been prevented from putting to sea-
(a) by reason of the fact that it was out of commission;
(b) by reason of the fact that it was laid up for repairs; or
(c) consequent upon an industrial dispute.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 18.
Remission of light dues
Sub-reg. (1) amended by 1971 No. 18 r. 7
18. (1) Where light dues are payable in respect of a ship to which
sub-regulation (2) of regulation 16 of these Regulations applies, a Collector
may, unless the ship is departing, either directly or by way of one or more
Australian ports, for a place outside Australia, remit that part of those
light dues which bears to the amount of those light dues the same proportion
as the number of days in the period from the commencement of the quarter in
which the light dues are payable to the date immediately preceding the date of
departure bears to ninety-one days.
Amended by 1971 No. 18 r. 7
(2) Where-
(a) light dues have been paid in respect of a ship under sub-regulation (3)
of regulation 16 of these Regulations; and
(b) before the expiration of a period of three months from the date on
which those dues became payable further light dues for a quarter become
payable under sub-regulation (1) of that regulation,
a Collector may remit that part of the further light dues which have become
payable which bears to the amount of those further light dues the same
proportion as the number of days remaining in that period after the
commencement of the quarter bears to ninety-one days.
Substituted by 1967 No. 132 r. 7; amended by 1971 No. 18 r. 7
(3) Where a ship in respect of which light dues have been paid under
sub-regulation (1) of regulation 16 of these Regulations has, at the end of a
quarter, been, for a continuous period exceeding thirty days, and is, on the
first day of the next succeeding quarter, prevented from putting to sea-
(a) by reason of the fact that it was and is out of commission;
(b) by reason of the fact that it was and is laid up for repairs; or
(c) consequent upon an industrial dispute,
a Collector may remit further payments of light dues until the ship is again
placed in commission or is able to put to sea, as the case may be.
Regulation 19 repealed by 1967 No. 132 r. 8
* * * * * * * *
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 20.
Vessels exempted
Amended by 1963 No. 99 r. 5; 1965 No. 137 r. 3; 1967 No. 132 r. 9; 1968 No.
109 r. 3; 1971 No. 18 r. 8
20. A ship is exempt from the payment of light dues if it is-
(a) a ship belonging to the naval, military or air forces of the
Commonwealth or of any other country, including a foreign country, not being a
ship engaged in trade or carrying goods under freight or charter;
(b) a ship belonging to the Commonwealth or a State, to an authority of the
Commonwealth or a State or to a Territory of the Commonwealth, not being a
ship engaged in trade or carrying goods under freight or charter;
(c) a ship engaged wholly in fishing;
(ca) a ship used in searching for or taking sedentary organisms within the
meaning of the Continental Shelf (Living Natural Resources) Act 1968;
(cb) a vessel wholly engaged in attending upon, or carrying stores for, a
ship referred to in either of the last two preceding paragraphs;
(d) a ship (other than a tug) wholly in ballast, being a ship which is
engaged in a commercial operation but on which no freight is earned and which
is not carrying a passenger;
(e) a pleasure yacht;
(f) a ship under thirty tons net registered tonnage;
(g) a ship belonging to a religious missionary society;
(h) a ship engaged solely in laying or repairing submarine cables;
(i) a hospital ship not engaged in trade or carrying goods under freight or
charter; or
(j) a ship belonging to, requisitioned by or chartered by, the Commonwealth
or the Government of any other country and engaged solely in carrying members
of, or goods intended for the use of, the naval, military or air forces of the
Commonwealth or of that other country.
LIGHTHOUSES AND LIGHT DUES REGULATIONS - SECT. 21.
Prescribed officers
PART IV-MISCELLANEOUS
Part IV added by 1963 No. 99 r. 6 Added by 1963 No. 99 r. 6; amended by 1971
No. 18 r. 9
21. For the purposes of section 19B of the Lighthouses Act 1911-1961-
(a) the Regional Controller for a State is the prescribed officer in
relation to damage occurring in the State;
(b) the Regional Controller for the State of New South Wales is the
prescribed officer in relation to damage occurring in the Territory accepted
by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act
1915;
(c) the Regional Controller for the State of Queensland is the prescribed
officer in relation to damage occurring in the Territory of Papua, in the
Territory of New Guinea or in the Coral Sea Islands Territory; and
(d) the Regional Controller for the State of Western Australia is the
prescribed officer in relation to damage occurring in the Northern Territory
of Australia or in the Territory of Cocos (Keeling) Islands.
------------------------------------------------------------------------------
--
|