Navigation (Compass) Regulations (Cth)

Case
No judgment structure available for this case.

________________

NAVIGATION (COMPASS) REGULATIONS.

________________

Statutory Rules 1923. No. 84.1a)

______________

Short title.

1. These Regulations may be cited as the Navigation (Compass) Regulations.

Application.

2. Except as hereinafter provided, these Regulations apply to—

(a) Ships registered in Australia;

(b)Ships licensed to engage in the coasting trade;

(c) Ships regularly trading from Commonwealth ports as headquarters; and

(d)Ships taking on board passengers at any port in Australia for conveyance to parts beyond the seas.

Exemptions

3. The following ships shall be exempt from the requirements of these Regulations:—

(a) Ships under fifteen tons gross registered tonnage;

(b) River and bay ships;

 

Sec. 232.

(c) British ships, not registered in Australia, in respect of which a compass certificate has been issued by or under the authority of the Board of Trade of the United Kingdom and is still in force;

(d) Foreign ships in respect of which a compass certificate has been issued by or under the authority of the Government of the country to which the ships belong; and

(e)2a) Such other ships as the Minister shall, by notice in the Commonwealth Gazette, from time to time declare to be exempted.

Provided that a Surveyor or Inspector may inspect the compasses of any ship and report thereon to the Deputy-Director, who, if he considers it necessary so to do, may direct that such compasses shall be adjusted in the manner prescribed for the compasses of ships subject to these Regulations.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“The Minister” means the Minister of State for Trade and Customs;

“The Deputy Director” means the Deputy Director of Navigation for a State, and includes the Director of Navigation;

“Adjuster of compasses” means an adjuster of compasses licensed under these Regulations, and includes a master or mate of a British ship so licensed;

“Inspector” means a shipping inspector appointed under the Act;

“Surveyor” means a nautical surveyor of ships appointed under the Act; and

“The Act” means the Navigation Act 1912-1920.

Compasses.

5. (1) Every ship to which these Regulations apply shall, before going to sea from any port in Australia, be equipped with a standard compass, placed in a suitable position and furnished with appliances for the taking of accurate observations and bearings.

Provided that it shall not be required that the standard compasses of limited coast-trade ships not exceeding 100 tons gross registered tonnage shall be furnished with appliances for taking observations and bearings unless, in the opinion of the Deputy-Director, such are necessary for the safe navigation of the ship, having regard to the particular voyage or trade in which she is, or is about to be, engaged.

(2) Every foreign-going and Australian-trade ship to which these Regulations apply shall, in addition to a standard compass, be provided with at least two good compasses complete in or on binnacles:

Provided that, in special cases, the Director, if he is satisfied that two compasses in addition to the standard compass are unnecessary, may dispense with the carrying of one or both of the additional compasses.

Examination, adjustment, and repair of compasses.

6.3b) The compasses of every sea-going ship to which these Regulations apply shall be properly examined by an adjuster of compasses, and, if necessary, adjusted and repaired—

(a) In the case of new ships, before the issue of a certificate of survey or equipment therefor;

(b) In the case of the following ships, before their entry outwards at the Customs, or. in the case of ships not required to be so entered outwards, before they go to sea from any port in Australia, viz.:—

 (i) Ships which have been laid up for a period of three months or more;

 (ii) Ships which have been surveyed in accordance with the requirements of section 193 of the Act, but subject, in this case, to the provisions of regulation 7;

(iii) Ships which have been placed in dock for general overhaul, or which have been subjected to alterations or repairs, in either case of such a nature a would, in the opinion of a surveyor or inspector, be likely to affect the accuracy of their compasses;

(iv) Ships licensed to engage in the coasting trade, whose compasses have not been adjusted for the southern hemisphere; and

 (v) Ships the compasses of which a surveyor or inspector has reasonable grounds to believe are unreliable.

Conditional exemption.

7. A ship of the class mentioned in paragraph (b) (ii) of regulation 6 (but not included under any other paragraph of that regulation) may be exempted by the Deputy Director from the necessity of having her compasses examined and adjusted, subject to the following conditions:—

(a) The master of the ship shall furnish to the surveyor or inspector a compass declaration in Form C 1, signed by himself and the mate (one at least of whom shall have made the last and intends making the next voyage in the ship);

(b) The master of the ship shall also produce to the surveyor or inspector a deviation card showing the deviation of the standard compass on each point of the compass, with the position of the ship and the date when last swung and the adjuster’s name, and having noted upon it the position and size of the magnets and soft-iron correctors, their distance from the centre of the compass, and the changes which have been made in them in re-adjustment; also, in the case of a foreign-going ship, an Australian trade ship, or a limited coast-trade ship over 100 tons gross register, the compass-error register book of the ship, properly kept in accordance with these Regulations; and

(c) The surveyor or inspector, if satisfied by such evidence with the adjustment of the standard compass, and also, by inspection, with the position and good order and condition of the compasses and with the appliances for taking bearings, shall sign a certificate in Form C 2, and shall forthwith forward the same, together with the declaration mentioned in paragraph (a) above, to the Deputy Director:

Provided that every such ship shall have her compasses examined and adjusted by an adjuster of compasses once at least in every two years.

 

Place and mode of adjustment.

8. Where, under these Regulations, the compasses of any ship are required to be adjusted, the ship shall, at the option of the master or other person in charge thereof—

(a) be taken to the swinging-buoys laid down for such purpose in any port; or

(b) be swung in any harbor or at sea for the adjustment of her compasses by means of bearings of suitable terrestrial or celestial objects, or by use of a deflector.

Adjustment tables and compass certificate.

9.—(1) On completion of the examination and adjustment of a ship’s compasses, in accordance with these Regulations, the adjuster of compasses shall immediately forward to the Deputy-Director a table of deviations and declaration, in Form C 3, together with a statement of the magnets and soft-iron correctors, with their sizes and positions, used in adjustment. The deviation of the standard compass must not exceed 5° on any given compass point after adjustment by an adjuster of compasses under these Regulations.

(2) Where the Deputy-Director is satisfied that the deviations of a ship’s compasses have been satisfactorily ascertained and adjusted he shall issue a Compass Certificate for the ship in Form C 4.

Compass-error register book.

10.—(1) The master of every ship over 100 tons gross register registered in Australia or licensed to engage in the coasting trade, or regularly trading from a port in the Commonwealth as head-quarters, and to which these Regulations apply, shall keep a compass-error book, substantially in accordance with Form C 5, in which shall be accurately recorded particulars of observations taken, the approximate position of the ship at the time, the different points of the vessel’s head and the deviations and errors of the standard compass on those points; also the size and position of the magnets and soft-iron correctors for the standard compass, and the date and nature of any changes at any time made in them or their positions.

(2) Observations for the purpose of ascertaining compass-errors shall be made and recorded as frequently as practicable.

(3) The compass-error register book shall be produced to a surveyor or inspector, on demand, and when so produced shall be signed and dated by that official, provided he is satisfied that the register book has been kept in accordance with these regulations.

Issue of licences to compass adjusters.

11.—(1) Subject to compliance by applicants with the requirements of regulations 13 and 14, the Deputy-Director may issue licences, in accordance with Form C 6, to the following persons, authorizing them to examine and adjust compasses and to compute their deviations, that is to say, to—

(a) adjusters of compasses holding valid licences issued by the Government of any State, or any Marine Board or other authority approved by the Minister;

(b) persons holding a certificate of competency as Extra Master recognised by the Board of Trade of the United Kingdom;

(c) persons holding a certificate of competency as Master (other than Extra Master) recognised by the Board of Trade of the United Kingdom, and who have been at least one year in command of a foreign-going vessel, and who produce satisfactory evidence that they have passed the examination prescribed under the Act, or by the Board of Trade of the

 

United Kingdom, or by any Marine Board or authority approved by the Minister, in the syllabus of the laws of the deviation of the compass in iron ships, and in the means of compensating or correcting such deviation.

(2) No person shall act as an adjuster of compasses unless licensed in accordance with this regulation.

Cancellation of licences

12.—(1) The Deputy-Director may at any time, by order under his hand, cancel any licence issued to an adjuster of compasses.

(2) A copy of the order, stating the cause of cancellation, shall be delivered to the adjuster of compasses or transmitted by registered post to his last-known address in the Commonwealth.

(3) The adjuster of compasses may appeal to the Director of Navigation against the order.

(4)If no appeal is made to the Director of Navigation within fourteen days after the delivery or posting of a copy of the order, or if on appeal the order is confirmed by the Director of Navigation, the licence shall be void, and shall forthwith be delivered up to the Deputy-Director.

Application for licence

13. The application for a licence shall be in accordance with Form C 7, and shall be accompanied by the applicant’s certificate of competency or commission, and with satisfactory evidence of good conduct and character during the twelve months immediately preceding the date of his application.

Licence fee.

14.—(1) An annual fee of One pound shall be payable, in advance, to the Deputy Director, on the 1st July in each year in respect of each licence issued; provided that in respect of a licence issued after 1st January in any year, the fee for the unexpired portion of the year shall be Ten shillings.

(2) If the licence-fee be not paid on or before the due date, the Deputy Director may, by order under his hand, cancel any licence.

Application for services of adjuster of compasses.

15. Applications for the services of an adjuster of compasses shall be made in writing, in Form C 8, addressed to the Deputy-Director and delivered at his office or posted to reach him at least 24 hours before the time when it is desired such examination and adjustment shall be made.

Fee for adjustment

16. (1) Each application for the services of an adjuster of compasses shall be accompanied by the amount of the proper fee according to the following scale. viz.:—

Ship’s gross registered tonnage.

Fee

£

s.

d.

Not exceeding 500 tons.............................................

2

2

0

Exceeding 500, but not exceeding 1,000 tons..............

3

3

0

Exceeding 1,000, but not exceeding 2,000 tons...........

4

4

0

Exceeding 2,000, but not exceeding 3,000 tons...........

5

5

0

Exceeding 3,000, but not exceeding 4,000 tons...........

6

6

0

Exceeding 4,000 tons................................................

7

7

0

(2) The Deputy Director, if satisfied with the adjuster’s declaration, will pay to the adjuster the amount of the fee collected.

17.—An adjuster of compasses, licensed under these Regulations, shall not, whilst employed as master or mate of a sea-going vessel, be entitled to have his name on the list of practising adjusters, nor to examine or adjust the compasses of any ship other than that upon which he is then employed.

Attendance of adjuster.

18.—(1) An adjuster of compasses, on receiving from the Deputy-Director a notice to examine and adjust the compasses of a ship, shall attend on board that ship at such time as shall cause no delay thereto.

(2) An adjuster of compasses, receiving notice to attend on any ship and being unable to do so, shall immediately notify the Deputy-Director to that effect.

Adjuster to register addresses

19.—(1) Every adjuster of compasses shall register with the Deputy-Director the address to which notices under these Regulations are to be forwarded, and shall immediately notify any change in such address.

(2) If any adjuster of compasses proposes to be absent from his address for more than forty-eight hours he shall inform the Deputy-Director of his intention, and shall state the period he intends to be absent and the date upon which such absence will commence.

Forms.

20.—(1) The forms prescribed in these Regulations are those in the accompanying Schedule.

(2) Where a prescribed form contains, by way of a note or otherwise, a clear direction or indication of any requirement as to the nature of the information to be furnished or the action, either by way of signing a form of declaration or otherwise, to be taken by the person concerned in the transaction in which the document is used, the requirement so indicated shall be deemed to be prescribed.

Penalties.

21. The penalty for any breach of these Regulations for which no penalty is specified in the Act shall be a fine not exceeding Fifty pounds.

_______________

SCHEDULE.

Nav. (Compass) Reg. 7.

Commonwealth of Australia.

Navigation Act 1912–1920.

COMPASS DECLARATION.

_______________

Form C 1.

We, the undersigned, hereby declare (a) that the compasses of the above-named ship are in all respects to our satisfaction; (b) that there is, on the ship, a compass-error register book, properly kept, showing the deviations of the standard compass; and (c) that no marked change in the deviation on any course by the standard compass has taken place since it was last adjusted on 

Master.

(Date of joining vessel in capacity named)  / /.

Mate.

(Date of joining vessel in capacity named)  / /.

Strike out such words as do not apply.

I/We hereby attest the above signatures, and certify that the said   sailed as Master, and that the said  sailed as Mate of the said vessel on her last voyage ending 192 ; and, further, it is proposed that the said  and   shall sail in the above-mentioned vessel on her next voyage as master and mate respectively.

Signed and attested at this  day of  19 .

Owner or Agent.

 

Commonwealth of Australia.

Form C 2.

(seal.) Navigation Act 1912–20.

Nav. (Compass) Reg. 7.

COMPASSES.

CERTIFICATE BY SURVEYOR.

_______________

I hereby certify that I have this day examined the compasses and compass equipment of the

The card of deviations of the Standard Compass complies with requirements and I am satisfied with the adjustment, and with the appliances for taking bearings, of the said compass; also with the number, position, and genera] good order and condition of the compasses carried on board in accordance with the Compass Regulations.

(Surveyor).

Port of

Date / /

(seal.) _______________ Form C 3.

Commonwealth of Australia.

Nav. (Compass) Reg. 9.

Navigation Act 1912–1020.

COMPASS ADJUSTER’S DECLARATION.

Name of vessel.......................................... Official Number............. Master..............................................................

Table of Deviations of the Standard Compass.

Ship’s Head by Standard Compass.

Deviation.

Ship’s Head Magnetic.

Ship’s Head by Standard Compass.

Deviation.

Ship’s Head Magnetic.

North

South

N. by E.................

S. by W...................

N.N.E....................

S.S.W.......................

N.E. by N.............

S.W. by S...............

N.E........................

S.W..........................

N.E. by E.............

S.W. by W..............

E.N.E....................

W.S.W.....................

E. by N.................

W. by S...................

East.......................

West........................

E. by S..................

W. by N..................

E.S.E.....................

W.N.W....................

S.E. by E..............

N.W. by W.............

S.E.........................

N.W.........................

S.E. by S..............

N.W. by N..............

S.S.E.....................

N.N.W.....................

S. by E..................

N. by W..................

I hereby declare that the compasses of the above-named vessel have been examined and, where necessary, adjusted by me, and that they are now in good order.

The deviations were obtained by means of............................................ , and a copy of the above Table has been furnished to the Master.

The deviations shown are practically identical with those obtained both with the dynamo stopped, and with it running full speed with the electric current “on” and “off” all circuits in the vicinity of the compass.

Position of Correctors.

Distance from Centre of Corrector to Centre of Compass Card.

Plan 

Fore and aft magnets............................

........................................

Athwartship magnets............................

........................................

Vertical magnet—Rod (Up) (Down)......................................................................................

........................................

Flinders Bar (length............... ) [Forward] [Abaft]................................................................

........................................

Quadrantal correctors (diameter...................... )......................................................................

........................................

Changes since last compensation...........................................................................................

........................................

Dated at............................. the........................... day of............... 19...........

Adjuster of Compasses.

  

Form C 4.

  

Commonwealth of Australia.

 

(seal.) Navigation Act 1912–1920.

Nav. (Compass) Reg. 9.

COMPASS CERTIFICATE.

State of Port of

This to certify that the compasses of the have been examined and adjusted by  , an adjuster of compasses licensed under the Navigation (Compass) Regulations 1923. The compasses are now in good order, and the adjuster has deposited with me Form C 3, showing the deviations of the Standard Compass remaining after adjustment in accordance with regulation 9 (1) of the Compass Regulations.

A correct copy of the deviations has been furnished by the adjuster to the Master.

Deputy Director of Navigation.

Date—

______________________

(seal.) Form C 5.

Navigation Act 1912–1920, s. 232.

Nav. (Compass) Reg. 10.

COMPASS-ERROR REGISTER BOOK.

Date.

Apparent Time (Ship).

Ship’s Head by Standard Compass.

Latitude.

Longitude.

Compass Bearing.

True Bearing.

Error.

Variation at Date.

Deviation.

Body Observed.

Heel.

Ship’s Head by Steering Compass.

Initials and Remarks of Observer.

S.

P.

Notice to Masters and Navigating Officers.

(To be printed inside front cover of Compass-error Register Book.)

Officers should understand that the object of tentative adjustment is to bring the deviations within management limits, and also to equalize the directive force of the needle so far as is practicable on all courses; but no system of adjustment whatever is sufficiently reliable in character to absolve the navigator from the necessity of using every precaution, and especially of ascertaining the deviation on every available opportunity by observations of the sun by day and the other heavenly bodies by night.—(Extract from Board of Trade Instructions on Compass Adjustment.)

 

Form C 6.

Commonwealth of Australia.

____________

Navigation Act 1912–1920.

(seal).

Nav. (Compass) Reg. 11.

LICENCE AS ADJUSTER OF COMPASSES.

_____________

No.

Pursuant to the provisions of Section 232 of the Navigation Act 1912-1920 and of the Regulations made under that Act of  in the State of  (hereinafter called “The licensee”) is hereby authorized to examine and adjust the compasses of sea-going ships and to compute their deviations, at any port in the Commonwealth, subject to the following conditions:—

(1) The Licensee shall faithfully perform his duties as an Adjuster of Compasses to the satisfaction of the Deputy-Director of Navigation.

(2) This licence may be cancelled at any time in the manner provided in the Regulations.

(3) The provisions of the Navigation Act and of the Regulations thereunder shall be complied with by the Licensee.

Dated at this day of 19

Director of Navigation.

This licence is accepted by me on the conditions contained therein.

(Signature.)

/ / 19

Note.—The holder of this licence shall produce the same on demand to any Surveyor or Inspector, or to a master, owner, or agent requiring his services.

________

Form C 7.

Commonwealth of Australia.

________

(seal) Navigation Act 1912–1920.

_________

Nav. (Compass) Reg. 13.

APPLICATION FOR A COMPASS ADJUSTER’S LICENCE.

State of Port of

I (a) hereby make application to be granted a Licence as Adjuster of Compasses under the provisions of the Navigation Act and Regulations.

I am the holder of a valid certificate of competency as No. issued at

I submit herewith testimonials as to my good conduct and character during the past twelve months.

Strike out the words that do not apply.

Date and place of birth

(Signature)

To the Deputy-Director of Navigation,

_______________________________________________________________________________

(a) Here state full name, place of residence, and occupation. If employed as master or mate of a vessel such fact is to be stated, giving the name of the vessel.

 

Form C 8.

Commonwealth of Australia.

___________

(seal) Navigation Act 1912–1920.

__________

Nav. (Compass) Reg. 18.

APPLICATION FOR ADJUSTMENT OF COMPASSES.

________

Application is hereby made for the examination and adjustment of the compasses of the of of tons registered tonnage.

The amount of the prescribed fee (£ ) is tendered herewith, and I/we here by agree to reimburse the adjuster for any travelling expenses necessary to be incurred by him in proceeding to or from the ship for the purpose of adjusting.

The vessel will be lying at , and will be ready for the Compass Adjuster on the day of , 192 , at  o’clock a.m./p.m.

Name of Adjuster.

Master, Owner, or Agent.

Address

Date

To the Deputy Director of Navigation,

  1

a)Made under the Navigation Act 1912-1920 on 4th July, 1923; deemed to have come into operation on 1st October, 1923.

2

a)This paragraph has since been repealed and a fresh paragraph substituted by S.R. 1923, No. 134, infra p. 462.

3

b)This regulation has since been amended by S.R. 1923, No. 134, infra

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0