Navigation (Supplementary) Regulations (Amendment) (Cth)
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I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make the
following Regulations under the
Dated 22 January 1982.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
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In these Regulations, unless the contrary intention appears—
‘Secretary’ means the person for the time being performing the duties of the office of Secretary to the Department of Transport;
‘Shipping Registration Act’ means the
Shipping Registration Act 1981;‘the Act’ means the
Navigation Act 1912.”.
Detention of ships to which Part II of the Act does not apply
(1) In this regulation and in Schedule 2—
‘designed waterline’, in relation to a ship, means—
(a) in the case of a ship to which the Navigation (Load Lines) Regulations apply—the load waterline that corresponds with the summer freeboard of the ship as ascertained in accordance with those Regulations; or
(b) in any other case—the load waterline that, if the ship were a ship to which those Regulations apply, would correspond to that freeboard as so ascertained;
‘draught mark certificate’ means—
(a) a certificate granted under sub-regulation (7);
(b) a document that, by virtue of section 88 of the Shipping Registration Act, has effect as if it were a registration certificate granted under section 19 of that Act; or
(c) a certificate or other official document in force in relation to a ship under a law of a country other than Australia, being—
(i) a certificate or document to the effect that the ship to which it relates is marked in accordance with requirements that are similar in intent to the requirements specified in Schedule 2; or
(ii) a certificate or document the grant or issue of which is dependent upon the ship being so marked;
‘length’, in relation to a ship, means the length of the ship as ascertained in accordance with section 10 of the Shipping Registration Act;
‘prescribed officer’ means a person specified in sub-regulation 2 (1) as a prescribed officer for the purposes of sub-section 192A (1) of the Act.
The master or owner of a ship shall not take the ship to sea, or permit the ship to be taken to sea, from a port or place in Australia or, where the ship is a ship registered in Australia, from a port or place outside Australia unless there is in force in respect of the ship a draught mark certificate.
Penalty‑
(a) if the offender is a natural person—2,000 or imprisonment for a period of 12 months, or both; or
(b) if the offender is a body corporate—$5,000.
An application for the grant of a certificate under sub-regulation (7) in relation to a ship shall—
specify, in relation to the ship—
(i) the name or, if it is unnamed, the builder’s identification (if known);
(ii) the official number (if any);
(iii) the method of propulsion;
(iv) the means of power transmission (if any);
(v) the place and year of construction;
(vi) the name and address of the builder; and
(vii) the name and address of the owner;
(b) specify a place at which, and a date or dates on which, the ship may be inspected for the purposes of this regulation;
(c) be signed by the owner of the ship or by the builder, master or agent of the ship on behalf of the owner;
(d) be delivered or forwarded by post to a prescribed officer; and
(e) be accompanied by—
(i) a side-elevation plan of the ship, drawn to a scale of not less than 1:100, showing the proposed positions of the marks to be applied to the ship in pursuance of Schedule 2; and
(ii) the fee (if any) payable in accordance with sub-regulation (4).
Subject to sub-regulation (5), the fee payable in relation to the inspection of, and the grant of a certificate in respect of, a ship under sub-regulation (7) is—
(a) in the case of a ship the length of which is less than 24 metres—$50; and
(b) in any other case—$100.
A fee is not payable under these Regulations in relation to the inspection of, or the grant of a certificate in respect of, a ship under sub-regulation (7) if that inspection is carried out in conjunction with the measurement of the ship under the Navigation (Tonnage Measurement) Regulations or the inspection of the markings placed on the ship in accordance with section 26 of the Shipping Registration Act.
The owner or master of a ship that is the subject of an application under sub‑regulation (3) shall—
(a) make the ship available for inspection by a surveyor; and
(b) afford the surveyor inspecting the ship all necessary facilities for the inspection of the ship.
A surveyor inspecting a ship in pursuance of sub-regulation (6) shall, as soon as he has ascertained that the ship is marked in accordance with Schedule 2, grant to the owner of the ship a certificate to that effect.
If the markings referred to in a draught mark certificate that is in force in respect of a ship are not maintained, the owner and master of the ship are each, in respect of each day during which the markings are not maintained (including the day of conviction under this sub-regulation and any subsequent day), guilty of an offence punishable upon conviction—
(a) if the offender is a natural person—by a fine not exceeding $1,000; or
(b) if the offender is a body corporate—by a fine not exceeding $2,000.
Where—
(a) any markings of the kind referred to in Schedule 2 on a ship that is the subject of an application under sub-regulation (3) are not in accordance with that Schedule; or
(b) any markings referred to in a draught mark certificate that is in force in respect of a ship are not maintained,
a prescribed officer may detain the ship until those markings are in accordance with that Schedule or are restored, as the case requires.”.
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DRAUGHT MARKS
A ship referred to in sub-regulation 5 (7) shall be marked on each side of the bow, and on each side of the stern, with a scale (in this Schedule referred to as a ‘draught scale’) in accordance with the succeeding provisions of this Schedule denoting the draught, fore and aft, respectively, of the ship.
(1) A draught scale shall comprise a series of marks the underside of each of which coincides with the intersection between—
(a) the part of the hull of the ship on which that scale is required, in accordance with this Schedule, to be applied; and
(b) a plane (in this Schedule referred to as a ‘relevant plane’) that is one of a series of planes that, at intervals of 2 decimetres, are parallel to the plane in which the designed waterline of the ship lies.
The lowest mark in a draught scale shall correspond with the relevant plane that is, at its closest point, 2 decimetres above—
(a) in the case of a draught scale that is required to be applied to the bow of a ship—the forward cut-up point of the keel; and
(b) in the case of a draught scale that is required to be applied to the stern of a ship—the lowest point aft of the hull.
The uppermost mark in a draught scale shall be a mark in—
(a) a position that corresponds with a relevant plane that is not less than such distance above the designed waterline of the ship as is equal to 1% of the length of the ship or, where the part of the ship on which that scale is required by this Schedule to be inscribed does not extend to that plane, the highest relevant plane that intersects that part of the ship; or
(b) a position that corresponds with the maximum trim by the bow or by the stern, as the case requires, that may reasonably be expected in service,
whichever is the higher position.
Subject to sub-clause (5), a mark referred to in sub-clause (1) shall comprise an arabic numeral, or arabic numerals, denoting the number of decimetres in the minimum distance between the relevant plane to which the mark relates and the point referred to in paragraph (2) (a) or (b), as the case requires.
A draught scale may be expressed in terms of metres and decimetres, in which case a mark referred to in sub-clause (4) shall comprise—
(a) in the case of the uppermost mark in the scale—a numeral, or numerals, denoting the number of complete metres in the distance referred to in sub-clause (4) (in this sub-clause referred to as the ‘relevant draught’) followed by the letter ‘M’ and the number (if any) of decimetres in the relevant draught in excess of that number of complete metres;
(b) in the case of any other mark in the scale in relation to which the relevant draught consists solely of a number of complete metres—a numeral, or numerals, denoting that number of metres followed by the letter ‘M’; and
(c) in any other case—a numeral denoting the number of decimetres in the relevant draught in excess of the maximum number of complete metres in the relevant draught or the number of decimetres in the relevant draught, as the case requires,
being arabic numerals and, where applicable, roman capital letters.
A numeral or letter referred to in sub-clause (4) or (5) shall comply with the following requirements:
(a) its height shall be 100 millimetres;
(b) the thickness of its strokes shall be not less than 20%, and not more than 25%, of that height;
(c) it shall—
(i) be incised into the surface of the portion of the ship to which it is applied; or
(ii) form part of the fabric of that portion of the ship and project from the surrounding surface of that portion of the ship;
(d) it shall be painted with waterproof paint of a colour that makes a distinct contrast with the colour of the background on which it appears.
(1) Subject to sub-clause (2), a draught scale that is required by this Schedule to be marked on a side of the bow of a ship shall be so marked at the stem.
Where the bow of a ship incorporates a bulbous projection below the designed waterline, a draught scale referred to in sub-clause (1) shall be applied to that ship in a straight line that is perpendicular to the designed waterline of the ship and is as far forward as is practicable.
A draught scale required by this Schedule to be marked on a side of the stern of a ship shall be marked on the hull—
(a) in the case of a ship having a stern post—in a straight line perpendicular to the designed waterline of the ship the lower portion of which is on the side of the stern post; or
(b) in the case of a ship not having a stern post—in 2 portions, each of which is in a straight line perpendicular to the designed waterline of the ship, as follows:
(i) an upper portion directly abeam of, and not extending below the point of intersection of the side of the hull with, the rudder stock; and
(ii) a lower portion having as its upper limit a mark that relates to the draught aft of the ship that is indicated by a mark that is not lower than the third to lowest mark in the portion of the scale referred to in sub-paragraph (i) that is placed forward of, but as near as practicable to, the rudder.
Notwithstanding anything in the preceding provisions of this Schedule, where, by reason of the nature of the constructional features of a ship—
(a) there is no part of the ship that is readily identifiable as the bow, or as the stern, of the ship; or
(b) it is otherwise impracticable to mark a scale on a ship in the manner required by those provisions,
that scale shall be marked on the ship—
(c) in such position; or
(d) in such manner,
as the Secretary determines.”.
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FORMAL AMENDMENTS
Regulation 1B. | the | the Act |
Sub-regulation 2 (1) | sub-section (1) of section 192A of the | sub-section 192A (1) of the Act |
Paragraph 2 (1) (a). | the person for the time being performing the duties of the office of Secretary to the Department of Transport | the Secretary |
Regulation 3 | sub-section (3) of section 389A of the | sub-section 389A (3) of the Act |
Regulation 4 | the | the Act |
1. Notified in the
Commonwealth of Australia Gazette on 25 January 1982.2. Statutory Rules 1963 No. 98 as amended by 1964 No. 38; 1965 No. 113; 1972 No. 116; 1974 No. 83; 1975 Nos. 112 and 114; 1977 No. 191; 1978 No. 221; 1979 No. 238; 1981 Nos. 91 and 367.
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