Navigation (Coasting Trade) Regulations 2007 (Cth)

Navigation (Coasting Trade) Regulations 2007¹

Select Legislative Instrument 2007 No. 15

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Navigation Act 1912.

Dated 15 February 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

DE-ANNE MARGARET KELLY

Parliamentary Secretary to the Minister for Transport and Regional Services

Contents

Part 1Introductory

1Name of Regulations 4

2Commencement 4

3Repeal 4

4Definitions 4

Part 2Permits for unlicensed ships

5Applications for permits for unlicensed ships to carry cargo or passengers 5

6Form of permits 5

7Refusal to grant a permit 6

8Urgent applications for permits 6

9Fees for permit applications 6

Part 3Licences to engage in coasting trade

10Applications for licences to engage in the coasting trade 8

11Applications for renewal of licences 8

12Fees for licence applications 8

13Grant of licences and renewals 8

14Refusal to grant licences or renewals 9

15Dealing with licences 9

16Evidence of payment of wages at Australian rates 10

Schedule 1Forms 12

Form 1Application for permit for carrying passengers — single voyage 12

Form 2Application for permit for carrying cargo — single voyage 14

Form 3Application for permit for carrying passengers — continuing 16

Form 4Application for permit for carrying cargo — continuing 18

Form 5Permit for unlicensed ship — single voyage 20

Form 6Permit for unlicensed ship — continuing 22

Form 7Application for a licence to engage in the coasting trade 23

Form 8Application for renewal of a licence to engage in the coasting trade 24

Form 9Licence to engage in the coasting trade 25

Form 10Statement of period of engagement in the coasting trade 26

Form 11Acknowledgment of receipt of wages at Australian rates 27

Part 1 Introductory

Name of Regulations

These Regulations are the Navigation (Coasting Trade) Regulations 2007.

Commencement

These Regulations commence on the day after they are registered.

Repeal

The Navigation (Coasting Trade) Regulations 1937 are repealed.

Definitions

(1)In these regulations:

Act means the Navigation Act 1912.

urgent application means an application made under subregulation 8 (2).

(2)In these Regulations, a reference to a form, by number, is a reference to the form so numbered in Schedule 1.

Part 2 Permits for unlicensed ships

Applications for permits for unlicensed ships to carry cargo or passengers

(1)The owner, charterer, master or agent of a ship that is not licensed to engage in the coasting trade may:

(a)apply to the Minister for the grant of a permit under section 286 of the Act for the ship to carry cargo or passengers; or

(b)at any time before the grant of a permit mentioned in paragraph (1) (a), apply to the Minister for an amendment of his or her application for the permit; or

(c)apply to the Minister for an amendment of a permit granted for the ship under section 286 of the Act.

(2)An application for a permit for a single voyage for carrying passengers must be in accordance with Form 1.

(3)An application for a permit for a single voyage for carrying cargo must be in accordance with Form 2.

(4)An application for a continuing permit for carrying passengers must be in accordance with Form 3.

(5)An application for a continuing permit for carrying cargo must be in accordance with Form 4.

Form of permits

(1)A permit granted by the Minister under section 286 of the Act for a single voyage must be in accordance with Form 5.

(2)A continuing permit granted by the Minister under section 286 of the Act must be in accordance with Form 6.

Refusal to grant a permit

If the Minister decides to refuse to grant a permit, or amend a permit, the Minister must give the applicant written notice of:

(a)the decision; and

(b)the reasons for the decision.

Urgent applications for permits

(1)This regulation applies in relation to a person applying, under regulation 5, for a permit, or an amendment of a permit, for a single voyage for carrying cargo.

(2)The applicant may make an urgent application, by including in his or her application:

(a)a written request for the Minister to make a decision on the application before the end of the second working day after the working day on which the Department receives the application; and

(b)a written statement of reasons for the request; and

(c)a declaration, signed by the applicant, that the applicant believes that the statement is true and correct.

(3)The Minister must make a decision on an urgent application before the end of the second working day after the working day on which the Department receives the application.

(4)In this regulation:

working day means a period that begins at 9 am and ends at 5 pm on a day on which the Department is open for business in the Australian Capital Territory.

Fees for permit applications

(1)The fee for an application mentioned in subregulation 5 (1) for a permit for a single voyage for carrying passengers is $22.

(2)The fee for an application mentioned in subregulation 5 (1) for a permit for a single voyage for carrying cargo is:

(a)if paragraph (b) does not apply — $200; and

(b)if the application is an urgent application — $400.

(3)The fee for an application mentioned in subregulation 5 (1) for a continuing permit is $400.

Part 3 Licences to engage in coasting trade

Applications for licences to engage in the coasting trade

(1)The master, owner, charterer, or agent of a ship may apply to the Minister for the grant of a licence for the ship to engage in the coasting trade.

(2)An application mentioned in subregulation (1) must be in accordance with Form 7.

Applications for renewal of licences

(1)Subregulation (2) applies if a licence to engage in the coasting trade has been granted to the master, owner, charterer, or agent of a ship.

(2)Before the licence ceases to have effect, the holder of the licence may apply to the Minister for a renewal of the licence.

(3)An application for a renewal of a licence must be in accordance with Form 8.

Fees for licence applications

The fee for an application under regulation 10 or 11 is $22.

Grant of licences and renewals

(1)The Minister may grant a licence, or a renewal of a licence, permitting a ship for which an application is made to engage in the coasting trade, if:

(a)the application is:

(i)for a licence — in accordance with Form 7; or

(ii)for renewal of a licence — in accordance with Form 8; and

(b)the fee for the application has been paid.

(2)A licence must:

(a)be in accordance with Form 9; and

(b)be granted for a period ending at the end of June next following the date of the grant.

(3)A renewal of a licence may be granted from time to time for a period of up to 1 year.

(4)If the Minister decides to grant a licence, or a renewal of a licence, the Minister must give the applicant 2 copies of the licence or renewal, one marked ‘Ship’s copy’ and the other marked ‘Master’s copy’.

Refusal to grant licences or renewals

If the Minister decides to refuse to grant a licence, or a renewal of a licence, the Minister must give the applicant written notice of:

(a)the decision; and

(b)the reasons for the decision.

Dealing with licences

(1)The applicant for a licence, or a renewal of a licence, granted under regulation 13 must display the copy of the licence or renewal marked ‘Ship’s copy’ in a conspicuous place on the ship that is accessible to all persons on board.

(2)The master of the ship must take all reasonable steps to keep the copy so displayed while the ship is engaged in the coasting trade.

Penalty: 1 penalty unit.

(3)The master must keep the copy of the licence, or renewal of a licence, marked ‘Master’s Copy’, and show it to an officer of the Australian Customs Service, if requested by such an officer:

(a)if the ship is entering Australia from an overseas voyage — at the port where the ship is entering Australia; and

(b)if the ship is leaving Australia for an overseas voyage — at the port from which the ship is leaving Australia.

Penalty: 1 penalty unit.

(4)A person must not engage in conduct that results in the defacement or destruction of a current ‘Ship’s Copy’ of a licence.

Penalty: 1 penalty unit.

Evidence of payment of wages at Australian rates

(1)Before the Australian Customs Service grants a clearance under the Customs Act 1901 to a licensed ship for an overseas voyage from a port in Australia, the master of the ship must show an officer of the Australian Customs Service:

(a)a statement showing the period for which the ship has been engaged in the coasting trade; and

(b)an acknowledgement by the officers and seamen of the ship, for that period, that the wages payable to them under section 289 of the Act for the period have been paid to them in full.

(2)In subregulation (1), licensed ship means a ship that is licensed to engage in the coasting trade.

(3)A statement mentioned in paragraph (1) (a) must be in accordance with Form 10.

(4)An acknowledgement mentioned in paragraph (1) (b) must be in accordance with Form 11.

(5)Subregulation (1) does not apply to, or in relation to:

(a)a ship registered in Australia; or

(b)a ship that is operated by:

(i)a person who is a resident of, or has his or her principal place of business in, Australia; or

(ii)a firm that has its principal place of business in Australia; or

(iii)a company that is incorporated, or has its principal place of business, in Australia.

Note 1 A person may make an application to the Minister under these Regulations by addressing the application to:

Coasting Trade Administration

Operations Centre

Office of Transport Security

Department of Transport and Regional Services

111 Alinga Street CANBERRA ACT 2601 (GPO Box 594 ACT 2601)

Fax: (02) 6274 6089

Email: [email protected]

Note 2 If a person is proposing to make an application to the Minister, before making the application, the person should obtain a Payment Reference Number in order to pay the fee for the application by electronic transfer before, or at the same time as, the application is made. Payment Reference Numbers may be obtained by telephoning the Department on 1300 307 288.

Schedule 1 Forms

(regulation 4)

Form 1 Application for permit for carrying passengers — single voyage

(regulation 5)

Navigation Act 1912

APPLICATION FOR PERMIT FOR CARRYING PASSENGERS — SINGLE VOYAGE

To the Minister,

I, [name of applicant]………………………………………………, submit this application and the application fee (or evidence of its payment) for a permit for a single voyage to carry passengers from [name of port(s)] ……………..to [name of port(s)]………………., commencing on or about [date] ……/……/……... Details about the ship and the voyage are set out below, including the number of passengers for whom firm bookings have been made.

Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:
Name of agent:

Details about voyage for carrying passengers

Name of port	Date of visit	Number of passengers
To embark	To disembark

Details about foreign ports

Name of last foreign port visited before voyage:

Date of visit:

……./……../………

Name of first foreign port to be visited after voyage:

Date of visit:

……./……./……….

I declare that the ship will have a current International Ship Security Certificate for the whole of the voyage.

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 2 Application for permit for carrying cargo — single voyage

(regulation 5)

Navigation Act 1912

APPLICATION FOR PERMIT FOR CARRYING CARGO — SINGLE VOYAGE

To the Minister,

I, [name of applicant]………………………………………………, submit this application and the application fee (or evidence of its payment) for a permit for a single voyage to carry cargo from [name of port(s)] …………….. to [name of port(s)]………………, commencing on or about [date]……/……/……... Details about the ship, the voyage and the cargo are set out below.

Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:
Name of agent:

Details about voyage for carrying cargo

Description of cargo

Tonnage/TEU

Port and date for loading

Port and date for discharge

Attach additional pages if necessary

Part 3 — Details about foreign ports

Name of last foreign port visited before proposed voyage:

Date of visit:

……./……../………

Name of first foreign port to be visited after proposed voyage:

Date of visit:

……./……./……….

I declare that the ship will have a current International Ship Security Certificate for the whole of the voyage.

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 3 Application for permit for carrying passengers — continuing

(regulation 5)

Navigation Act 1912

APPLICATION FOR PERMIT FOR CARRYING PASSENGERS — CONTINUING

To the Minister,

I, [name of applicant]………………………………………………, submit this application and the application fee (or evidence of its payment) for a continuing permit to carry passengers between the ports specified in Part 2 of this application, commencing on [date]……/……/……. Details about the ship and each voyage are set out below, including the number of passengers for whom firm bookings are available.

Part 1 — Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:
Name of agent:

Part 2 — Details about each voyage for carrying passengers

Port	Date of visit	Number of passengers
To embark	To disembark

Attach additional pages if necessary

Details about foreign ports

Name of last foreign port visited before proposed voyages:

Date of visit:

……./……../………

Name of a foreign port to be visited during proposed voyages:

Date of visit:

……./……./……….

Name of the first foreign port to be visited after proposed voyages:

Date of visit:

……./……./……….

I declare that the ship will have a current International Ship Security Certificate for the whole of each voyage.

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 4 Application for permit for carrying cargo — continuing

(regulation 5)

Navigation Act 1912

APPLICATION FOR PERMIT FOR CARRYING CARGO — CONTINUING

To the Minister,

I, [name of applicant]………………………………………………, submit this application and the application fee (or evidence of its payment) for a continuing permit to carry cargo between the ports specified in Part 2 of this application from [date]……/……/……... Details about the ship, the cargo and each voyage are set out below.

Part 1 — Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:
Name of agent:

Part 2 — Details about each voyage for carrying cargo

Description of cargo

Tonnage/TEU

Port and date for loading

Port and date for discharge

Attach additional pages if necessary

Part 3 — Details about foreign ports

Name of last foreign port visited before proposed voyages:

Date of visit:

……./……../………

Name of a foreign port to be visited during proposed voyages:

Date of visit:

……./……./……….

Name of the first foreign port to be visited after proposed voyages:

Date of visit:

……./……./……….

I declare that the ship will have a current International Ship Security Certificate for the whole of each voyage.

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 5 Permit for unlicensed ship — single voyage

(regulation 6)

No:

Navigation Act 1912

PERMIT FOR UNLICENSED SHIP — SINGLE VOYAGE

I, [name of delegate]……………………………., in exercise of the power delegated to me by the Minister under section 9 of the Navigation Act 1912, grant, under section 286 of the Act, permission for the ship specified in this permit to carry passengers or cargo or both as specified below on the voyage from [name of port(s)] …………………………………………………………. to [name of port(s)]………………………………………………..…………, commencing on or about [date]…../……/….., subject to any conditions set out on this permit.

Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:
Details about passengers and cargo that may be carried on the voyage
Cargo Description of cargo:……………………………………… Tonnage/TEU:……………………………………		Passengers No. of passengers:

Permit conditions

Signature of delegate:

………………………………………

Date:

[official stamp]

Form 6 Permit for unlicensed ship — continuing

(regulation 6)

No:

Navigation Act 1912

PERMIT FOR UNLICENSED SHIP — CONTINUING

This permit remains in force from [date]……/…../…. to [date]....../……./……..

Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:

Names of ports for which permit issued

Permit conditions

Signature of delegate:

……………………………………

Date:

[official stamp]

Form 7 Application for a licence to engage in the coasting trade

(regulation 10)

Navigation Act 1912

APPLICATION FOR A LICENCE TO ENGAGE IN THE COASTING TRADE

To the Minister,

I, [full name of applicant]………………………………………of [address]………………………….., the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the [name of ship]……………………, declare that I am authorised to apply for a licence for the ship to engage in the coasting trade and submit this application and the application fee (or evidence of its payment) for the licence. Details about the ship are set out below.

I undertake to ensure that when the ship is engaged in the coasting trade all requirements of the Navigation Act 1912 and the Regulations made under that Act will be complied with, and that, in particular, the officers and seamen of the ship will be paid wages in accordance with Part VI of the Act.

Note Registered owners and Masters of ships should also be aware of the provisions of the Maritime Transport and Offshore Facilities Security Act 2003 that apply to them.

Details about ship

Name of ship:	Port of registry or home port:
IMO No. of ship:

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 8 Application for renewal of a licence to engage in the coasting trade

(regulation 11)

Navigation Act 1912

APPLICATION FOR A RENEWAL OF A LICENCE TO ENGAGE IN THE COASTING TRADE

To the Minister,

I, [full name of applicant]………………………………………of [address]…….…………………………, the (registered owner or charterer, or managing director, secretary or agent of the registered owner or charterer, or master) of the [name of ship]……………………, declare that I am authorised to apply for the Licence to engage in the coasting trade, No. ……….(which was issued for the ship on [date]……./..…./……), a copy of the ‘Master’s copy’ of which is attached, to be renewed for a further period of 12 months. I submit this application and the application fee (or evidence of its payment) for the renewal. Details about the ship are set out below.

Details about ship

Name of ship:	Port of registry or home port:
IMO No. of ship:

Signature of applicant:

…………………………………..

Date:

……/……./…………

Form 9 Licence to engage in the coasting trade

(regulation 13)

No:

Navigation Act 1912

LICENCE TO ENGAGE IN THE COASTING TRADE

I, [name of delegate]……………………………., in exercise of the power delegated to me by the Minister under section 9 of the Navigation Act 1912, grant, under section 288 of the Act, permission for the ship specified in this licence to engage in the coasting trade, subject to the master, owner and agent of the ship complying, in relation to the ship, with the provisions of the Act and Regulations made under the Act, and in particular complying with the requirement to pay the officers and seamen of the ship for the period during which the ship is engaged in the coasting trade wages in accordance with Part VI of the Act.

This licence remains in force from [date]……/……/……… until the end of 30 June [year]…………

Details about ship

Name of ship:	Port of registry:
IMO No. of ship:	Name of owner:

Signature of delegate:

……………………………………

Date:

[official stamp]

Form 10 Statement of period of engagement in the coasting trade

(regulation 16)

Navigation Act 1912

STATEMENT OF PERIOD OF ENGAGEMENT IN THE COASTING TRADE

(For ships leaving Australia for an overseas voyage)

I, [full name]……………………………, the master of the ship specified in this statement, for which Licence to engage in the coasting trade, No. …………, was issued on [date]…../…../……, and which is intended to leave Australia for an overseas voyage:

(a) declare that the period for which the ship has been engaged in the coasting trade, during the present voyage, is as set out in this statement; and

(b) declare that the officers and seamen of the ship for that period have been paid for the period in accordance with section 289 of the Navigation Act 1912; and

(c) produce an acknowledgment by those persons that the wages payable to them under that section, for that period, have been paid to them in full.

Details about ship

Name of ship:	Port of registry:
IMO No:	Name of owner:

Period of engagement in the coasting trade

Date of commencement:		……./………./……..
Date of termination:		……./……..../……..
Period of engagement: months………………days………………..
Signature of master: ………………………………	Date: ………/………./……….

Form 11 Acknowledgment of receipt of wages at Australian rates

(regulation 16)

Navigation Act 1912

ACKNOWLEDGMENT OF RECEIPT OF WAGES AT AUSTRALIAN RATES

(For ships leaving Australia for an overseas voyage)

We, the officers and seamen of the ship specified in this statement, acknowledge:

(a) that the period for which the ship has been engaged in the coasting trade, during the present voyage, is as set out in this statement; and

(b) that, as the officers and seamen of the ship for that period, each of us has been paid the wages payable to us for the period in accordance with section 289 of the Navigation Act 1912; and

(c) that the rate at which each of us has been paid for the period is specified in the table below (being the current rate of wages payable to an officer or seaman working in Australia according to the rating applicable to the position of the person).

Details about ship

Name of ship:	Port of registry:
IMO No:	Name of owner:

Period of engagement in the coasting trade

Date of commencement:	……./………./……..
Date of termination:	……./……..../……..
Period of engagement: months…………… days …………………

Details about wages paid

Name

Rating

Wages per month $

Signature of officer or seaman

Attach additional pages if necessary

Signature of master:

…………………………………..

(countersigned)

Date:

……/……./……

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See