NAVIGATION (DECK CARGO) REGULATIONS
- In force under the Navigation Act 1912
- Reprinted as at 30 September 1992 (HISTREG CHAP 1388 #DATE 30:09:1992)
*1* The Navigation (Deck Cargo) Regulations (in force under the Navigation Act 1912) as shown in this reprint comprise Statutory Rules 1926 No. 89 amended as indicated in the Tables below. Table of Acts Year Date of Date of Application and Number notification Commencement saving or in Gazette transitional provisions 1926 No. 89 28 June 1926 1 Aug 1926 155 4 Nov 1926 1 Mar 1927 - 1927 No. 90 18 Aug 1927 13 Aug 1927 - 1930 No. 127 6 Nov 1930 30 Oct 1930 - 1934 No. 119 27 Sept 1934 20 Sept 1934 - 1948 No. 20 13 Feb 1948 13 Feb 1948 - 1959 No. 47 26 June 1959 26 June 1959 - 1963 No. 97 24 Oct 1963 24 Oct 1963 R. 3 1976 No. 276 15 Dec 1976 1 Jan 1977 - 1977 No. 264 22 Dec 1977 1 Jan 1978 - 1978 No. 129 13 July 1978 13 July 1978 R. 10 1979 No. 192 27 Sept 1979 1 Oct 1979 - 1980 No. 79 17 Apr 1980 17 Apr 1980 - 1981 No. 287 30 Sept 1981 1 Oct 1981 - 1982 No. 13 25 Jan 1982 R. 1: 26 Jan 1982 Remainder: 25 Jan 1982 - 1983 No. 95 1 July 1983 1 July 1983 - 1984 No. 354 30 Nov 1984 1 Dec 1984 - 1985 No. 252 30 Sept 1985 1 Oct 1985 - 1986 No. 272 30 Sept 1986 1 Oct 1986 - 1987 No. 232 14 Oct 1987 19 Oct 1987 - 1990 No. 318 12 Oct 1990 15 Oct 1990 - 1991 No. 374 27 Nov 1991 27 Nov 1991 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substitued Provision affected How affected Heading to Part I rep. 1983 No. 95 R. 1 am. 1983 No. 95 R. 2 rep. 1978 No. 129 R. 3 am. 1963 No. 97; 1978 No. 129; 1981 No. 287; 1983 No. 95; 1991 No. 374 Heading to Part II rep. 1983 No. 95 R. 4 am. 1948 No. 20; 1963 No. 97; 1978 No. 129; 1982 No. 13; 1983 No. 95; 1991 No. 374 R. 5 am. 1980 No. 79 rep. 1983 No. 95 R. 6 am. 1927 No. 90; 1948 No. 20; 1959 No. 47; 1963 No. 97; 1976 No. 276; 1977 No. 264; 1978 No. 129; 1979 No. 192; 1980 No. 79; 1981 No. 287; 1983 No. 95; 1984 No. 354; 1985 No. 252; 1986 No. 272; 1987 No. 232; 1990 No. 318; 1991 No. 374 R. 6A ad. 1981 No. 287 rep. 1983 No. 95 R. 7 am. 1959 No. 47; 1963 No. 97; 1978 No. 129; 1983 No. 95; 1991 No. 374 R. 8 am. 1980 No. 79; 1983 No. 95 Rr. 9, 10 rep. 1959 No. 47 Heading to Part III rep. 1983 No. 95 R. 12 am. 1948 No. 20; 1983 No. 95 R. 14 am. 1980 No. 79; 1983 No. 95 R. 16 rs. 1934 No. 119 am. 1980 No. 79; 1983 No. 95 R. 17 am. 1963 No. 17; 1978 No. 129; 1983 No. 95; 1991 No. 374 R. 18 am. 1983 No. 95 R. 19 am. 1930 No. 127; 1980 No. 79 rep. 1983 No. 95 Heading to Part IV rep. 1983 No. 95 R. 20 rep. 1983 No. 95 R. 21 am. 1980 No. 79 rep. 1983 No. 95 R. 22 rep. 1983 No. 95 R. 23 am. 1963 No. 97; 1978 No. 129 rep. 1983 No. 95 R. 24 rep. 1983 No. 95 R. 25 am. 1948 No. 20 rep. 1983 No. 95 R. 26 am. 1980 No. 79 rep. 1983 No. 95 R. 27 am. 1963 No. 97; 1978 No. 129 rep. 1983 No. 95 Rr. 28, 29 rep. 1983 No. 95 R. 30 am. 1963 No. 97; 1978 No. 129; 1980 No. 79 rep. 1983 No. 95 R. 31 am. 1980 No. 79 rep. 1983 No. 95 Rr. 32, 33 rep. 1983 No. 95 R. 34 am. 1980 No. 79 rep. 1983 No. 95 R. 35 rep. 1983 No. 95 R. 35A ad. 1926 No. 155 am. 1963 No. 97; 1980 No. 79 rep. 1983 No. 95 Rr. 36, 37 rep. 1983 No. 95 R. 38 am. 1963 No. 97; 1983 No. 95; 1991 No. 374 NAVIGATION (DECK CARGO) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
3. Interpretation
4. Application
6. Notice of intention to load deck cargo
7. Statement of deck cargo landed
8. Carriage of deck cargo and penalty
11. Stability
12. Life-saving appliances etc. to be kept clear
13. Freeing ports
14. Passage-ways on passenger ships
15. Passage-ways on cargo ships
16. Carriage of cargo on deck and on the hatches of small
ships
17. Projection of deck cargo over side
18. Deck cargo to be secured
38. Minister may extend or modify requirement
NAVIGATION (DECK CARGO) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Navigation (Deck Cargo)
Regulations.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NAVIGATION (DECK CARGO) REGULATIONS - REG 3
Interpretation
3. In these Regulations, unless the contrary intention appears:
"Passenger ship" means a ship which carries, or which is certified to carry,
more than twelve passengers;
"Cargo ship" means a ship which does not carry, or which is not certified to
carry, more than twelve passengers;
"Principal ports" means Sydney, Newcastle, Melbourne, Brisbane, Townsville,
Hobart, Port Adelaide, and Fremantle;
"Deck cargo" includes all kinds of merchandise and material (other than live
stock) and also coal for ship's use, when carried on deck.
NAVIGATION (DECK CARGO) REGULATIONS - REG 4
Application
4. (1) Subject to the next succeeding subregulation, these Regulations shall
apply to all ships, including ships to which Part II of the Navigation Act
1912 does not apply, having on board or taking on board at any port in
Australia, or carrying to sea from any such port, deck cargo.
(2) These Regulations shall not apply to:
(c) ships from places beyond Australia, carrying on a through bill of
lading, from a port beyond Australia, to be landed at a later port of call in
or beyond Australia, deck cargo, if the Authority is satisfied that the
requirements of these Regulations are being substantially complied with.
NAVIGATION (DECK CARGO) REGULATIONS - REG 6
Notice of intention to load deck cargo
6. (1) Whenever it is proposed to load, at any principal port, on any ship
to which these Regulations apply, deck cargo in excess of the following
quantities (including any deck cargo already on board):
(c) on a ship not exceeding 200 tons gross tonnage, deck cargo of a mass in
the proportion of 1 tonne for every 10 tons or part thereof of the ship's
gross tonnage; or
(d) on a ship exceeding 200 tons gross tonnage, deck cargo of a mass of 20
tonnes;
the owner, agent or master of the ship shall notify the Authority, by written
notice or other suitable means, of the intention to do so, and no such deck
cargo shall be loaded in any ship unless notification has been so given.
(2) The notification required by this regulation to be given to the
Authority shall be given in sufficient time to permit a visit of inspection of
the ship to be made by the surveyor, during office hours, before the ship
sails, unless the Authority permits, in special cases, the inspection to be
made outside office hours.
(3) The requirements of this regulation in regard to the notification of
intention to load to be given at principal ports only shall not relieve
owners, agents or masters of ships loading at other ports in the Commonwealth
from the necessity of fully complying with all other requirements of the
Regulations.
(4) Where notification under this regulation is given in relation to a ship,
a surveyor shall inspect the ship in connexion with the loading of the deck
cargo and may make such visits to the ship for that purpose as he considers
necessary or as the owner, agent or master of the ship requests.
(5) Subject to subregulations (6) and (8), there is payable in respect of an
inspection under subregulation (4):
(a) for the first visit by a surveyor - a fee of $198; and
(b) for each subsequent visit by a surveyor - a fee of $132.
(6) Where, as a result of a request made by the owner, builder, master or
agent of a ship, a surveyor engages in inspection of the ship when the
Authority's office in the State where the inspection is made is not open for
public business, there is payable, in addition to any other fee payable by
virtue of this subregulation:
(a) in the case in which such inspection by the surveyor during such a
period immediately precedes, or immediately follows, inspection by the
surveyor of that ship at a time when the Authority's office in the State where
the inspection is made is open for public business - a fee calculated at the
rate of $46 for each whole hour or part of an hour falling within that period
during which the surveyor so engages in inspection; or
(b) in any other case - a fee calculated at the rate of $46 for each whole
hour or part of an hour falling within that period during which the surveyor
so engages in inspection, or a fee of $137, whichever is the greater.
(7) The last preceding subregulation applies in respect of each surveyor
engaged on an inspection during a period when the Authority's office is not
open for public business.
(8) Where:
(a) a surveyor is available at the time and place appointed for an
inspection of a ship under this regulation but, for any reason outside the
control of the surveyor, he is compelled to wait for a period after that time
before he can commence the inspection;
(b) a surveyor is carrying out an inspection of a ship under this regulation
and, for any reason outside his control, the inspection is interrupted and he
is compelled to wait for a period before he can continue the inspection; or
(c) a surveyor carrying out an inspection of a ship under this regulation is
compelled, for any reason outside his control, to wait on the ship after the
completion of the inspection;
the fee for the inspection is, or, where a fee is otherwise payable, shall be
increased by, an amount of $132 for each hour, or part of an hour, of the
waiting time in excess of half an hour.
(9) Where a fee payable under this regulation in respect of a ship is not
paid, the Commonwealth may recover the fee as a debt due to the Commonwealth
from the owner, charterer, agent or master of the ship.
NAVIGATION (DECK CARGO) REGULATIONS - REG 7
Statement of deck cargo landed
7. The owner, agent or master of any ship which carries deck cargo in excess
of the amount specified in subregulation (1) of the last preceding regulation
shall also furnish to the Authority, not later than the next day (not being a
Sunday or a public holiday) after the departure of the ship, a statement in
writing detailing in respect of each class of goods so carried, its nature,
deadweight, and position where stowed.
NAVIGATION (DECK CARGO) REGULATIONS - REG 8
Carriage of deck cargo and penalty
8. (1) Where deck cargo is carried in any ship to which these Regulations
apply, the requirements of these Regulations in regard thereto shall be
complied with.
(2) Except where a duty or obligation is laid by a regulation upon some
other person (in which case the penalty for a breach of the regulation shall
be upon that person), the master, owner or agent of the ship shall be jointly
and severally liable, in respect of any breach or contravention of the
requirements of these Regulations, to a penalty not exceeding $100.
NAVIGATION (DECK CARGO) REGULATIONS - REG 11
Stability
11. In all cases where deck cargo is taken on board, sufficient cargo or
ballast shall be carried below the water line to ensure the stability of the
ship.
NAVIGATION (DECK CARGO) REGULATIONS - REG 12
Life-saving appliances etc. to be kept clear
12. Deck cargo shall not be stowed:
(a) in the immediate vicinity of the life-boats, boat davits, pumps or fire
appliances, or in such a way as to interfere with the proper working of any
such equipment or of the ship;
(b) in or on the forecastle so as to interfere with the proper working of
the anchors or cables;
(c) near the rudder head or quadrant, or so as to cover or interfere with
any other parts of the steering gear, including rods, chains, fair leads,
relieving tackle;
(d) over sounding pipe caps; or
(e) on, or in such a manner as to prevent any person employed on the ship in
port having free access in an emergency to, the normal means of escape from a
hold or under-deck space in which he is working.
NAVIGATION (DECK CARGO) REGULATIONS - REG 13
Freeing ports
13. In all cases deck cargo shall be stowed and secured as not to reduce or
impair in any way the efficiency of any freeing port in providing for the
escape of surplus water from the deck.
NAVIGATION (DECK CARGO) REGULATIONS - REG 14
Passage-ways on passenger ships
14. In passenger ships carrying deck cargo there shall be provided a
passage-way not less than 600 millimetres in width at any part, kept at all
times free of obstruction, extending from end to end of the ship and giving
ready access to all life-boats and other life-saving appliances, as follows:
(a) A passage-way along the deck on each side of the hatches;
(b) An elevated gangway, of substantial character, forming a permanent
structural part of the ship, fitted on each side with proper stanchions of
wood or iron not less than 1 metre in height and spaced not more than 1.5
metres apart, and with not less than two rails, chains, or guardropes; or
(c) Where a permanent gangway in accordance with the last preceding
paragraph is not provided, and, in the opinion of the surveyor, passage-ways
along the deck in accordance with paragraph (a) of this regulation are not
practicable, gangways of a temporary character, one on each side of the
hatches, placed on top of the deck cargo, of substantial character, strongly
constructed and secured, and fitted on each side with proper stanchions and
rails, chains, or guardropes as provided in the last preceding paragraph.
NAVIGATION (DECK CARGO) REGULATIONS - REG 15
Passage-ways on cargo ships
15. In cargo ships carrying deck cargo there shall be provided at least one
clear passage-way conforming to the requirements of the last preceding
regulation as to passage-ways on passenger ships carrying deck cargo:
Provided that where deck cargo, including timber, is carried on the deck of
a sailing ship, or on any deck of a cargo steamship on which it is not
necessary to keep a clear passage-way for the use of the crew in connexion
with the navigation or working of the ship, it shall not be necessary to
provide a passage-way on deck or by means of a gangway if the deck cargo is
stowed with a flat upper surface from rail to rail, properly secured and
provided with life-lines along each side to prevent any person falling
overboard.
NAVIGATION (DECK CARGO) REGULATIONS - REG 16
Carriage of cargo on deck and on the hatches of small ships
16. (1) Except as provided in this regulation, deck cargo shall not, unless
with the special approval of a surveyor, be stowed on the weather deck of any
ship to a greater height than to the level of the top of the bulwarks or rail.
NAVIGATION (DECK CARGO) REGULATIONS - REG 17
Projection of deck cargo over side
17. Except with the approval in writing of the Authority, deck cargo shall
not be allowed to project beyond the side of the ship.
NAVIGATION (DECK CARGO) REGULATIONS - REG 18
Deck cargo to be secured
18. All deck cargo on a ship shall be securely lashed or otherwise secured
before the ship leaves the wharf or jetty where loaded.
NAVIGATION (DECK CARGO) REGULATIONS - REG 38
Minister may extend or modify requirements
38. Where it appears to the Authority, on the report of a surveyor, that the
requirements of these Regulations are insufficient for the safety of any
particular ship, or the proper stowage of deck cargo, or that they could be
safely modified, he may either require the observance of additional
precautions, or, upon the written application of an owner, agent, or master,
may modify the requirements of the Regulations to the exent that, in his
opinion, the circumstances of the particular case warrant.
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