Navigation (Survey) Regulations (Amendment) (Cth)

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NAVIGATION (SURVEY) REGULATIONS.

 

Statutory Rules 1964. No. 59.(b)

 

Regulation 5 repealed.

1. Regulation 5 of the Navigation (Survey) Regulations is repealed.

2. Regulation 7 of the Navigation (Survey) Regulations is repealed and the following regulation inserted in its stead:—

Survey.

“7.—(1.) The survey of a ship for a certificate of survey, a safety certificate, a short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate shall include a complete

(a) Made under the Navigation Act 1912–1961 on 6 March, 1964; notified in the Commonwealth Gazette on 6 March, 1964.

(b)Made under the Navigation Act 1912–1961 on 8 May, 1964; notified in the Commonwealth Gazette on 8 May, 1964.

inspection of the ship to ensure that the ship complies with the provisions of the Act and regulations under the Act applicable to the ship, including an inspection of—

(a)the structure of the ship;

(b)in the case of a steamship, the boilers of the ship;

(c)the machinery of the ship; and

(d)the equipment of the ship, including—

(i) electrical installations;

(ii) radio equipment;

(iii) lifesaving appliances; and

(iv) fire appliances.

“(2.) An inspection of the structure of the ship shall include—

(a)in the case of a ship other than a River Murray ship—an inspection of the outside of the bottom of the hull, the rudder and bearings of the propeller shafts (if any) and all underwater fittings; and

(b)in the case of a River Murray ship—an inspection of the outside of the bottom of the hull and the rudder and bearings of the propeller shafts (if any) and all underwater fittings, if the surveyor so requires.

“(3.) The survey of a ship for a certificate of equipment shall include a complete inspection of the ship including—

(a) the radio equipment;

(b) the lifesaving and fire appliances; and

(c) the lights and means of making sound signals and distress signals

“(4.) The survey of a ship for a safety equipment certificate or a qualified safety equipment certificate shall include a complete inspection of the equipment of the ship including—

(a)the lifesaving and fire appliances; and

(b)the lights and means of making sound signals and distress signals.

“(5.) The survey of a ship for a safety radio telegraphy certificate, a qualified safety radio telegraphy certificate, a safety radio telephony certificate or a qualified safety radio telephony certificate shall include a complete inspection of the radio equipment of the ship.

“(6.) The survey of a passenger steamship before the ship is put into service and, if the surveyor so requires, the survey of a passenger steamship after she is put into service, shall include an inspection of the inside and outside of the boilers of the ship and a testing of the ability of the boilers to withstand hydraulic pressure.”.

Survey of hull, rudder, &c.

3. Regulation 8 of the Navigation (Survey) Regulations is amended by omitting the words “screw shaft” and inserting in their stead the words “propeller shafts”.

Repeal of regulation 21.

4. Regulation 21 of the Navigation (Survey) Regulations is repealed.

Period for which certificate of survey remains in force.

5. Regulation 22 of the Navigation (Survey) Regulations is amended by omitting the words “of sub-section (2.)” and inserting in their stead the words “of sub-section (1.)”.

Period for which certificate of equipment remains in force.

6. Regulation 23 of the Navigation (Survey) Regulations is amended by omitting the words “of sub-section (2.)” and inserting in their stead the words “of sub-section (1.)”.

7. Regulation 24 of the Navigation (Survey) Regulations is repealed and the following regulation inserted in its stead:—

Issue of certain certificates.

“24.—(1.) A certificate of survey, a certificate of equipment and a certificate issued under Division 2b of Part IV. of the Act shall be in duplicate, and one of the copies shall be marked “Owner’s Copy”.

“(2.) On the application of the owner or master of a ship, an additional copy of a certificate, referred to in the last preceding sub-regulation, that has been issued in respect of the ship may be issued.”.

Report of accident.

8. Regulation 28 of the Navigation (Survey) Regulations is amended by omitting from sub-regulation (1.) the words “owner or”.

First Schedule—Form 4.

9. The First Schedule to the Navigation (Survey) Regulations is amended by inserting after paragraph (d) of Form 4 the following paragraphs:—

(da)that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely:—

Requirements of Regulations.

Actual Provision.

Hours of listening by radio officer or wireless signaller...................................................................................

Number of radio officers...................................................................................

Number of wireless signallers...................................................................................

Whether auto-alarm fitted...................................................................................

Whether main installation fitted...................................................................................

Whether emergency installation fitted...................................................................................

Whether main and emergency transmitters electrically separable or combined.................................................................................

Whether direction-finder fitted...................................................................................

Omit if the ship has not been exempted from any of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations.

(db)that the ship has, in pursuance of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations, been exempted from the following requirements of the regulations subject to the following conditions:—

Requirements from which ship exempted.

Conditions to which exemption subject.

First Schedule—Form 6.

10. The First Schedule to the Navigation (Survey) Regulations is amended by inserting after paragraph (d) of Form 6 the following paragraphs:—

(da)that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely:—

Requirements of Regulations.

Actual Provision.

Hours of listening by radio officer or wireless signaller..................................................................................

Number of radio officers..................................................................................

Number of wireless signallers..................................................................................

Whether auto-alarm fitted..................................................................................

Whether main installation fitted..................................................................................

Whether emergency installation fitted..................................................................................

Whether main and emergency transmitters electrically separable or combined..................................................................................

Whether direction-finder fitted..................................................................................

Omit if the ship has not been exempted from any of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations.

(db)that the ship, in pursuance of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations, has been exempted from the following requirements of the regulations subject to the following conditions:—

Requirements from which ship exempted.

Conditions to which exemption subject.

First Schedule—Form 8.

11. The First Schedule to the Navigation (Survey) Regulations is amended by inserting after paragraph (d) of Form 8 the following paragraphs:—

(da)that the ship complied with such of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations as are applicable to it, namely:—

Requirements of Regulations.

Actual Provision.

Hours of listening by radio officer or wireless signaller..........................................................................

Number of radio officers..............................................................................

Number of wireless signallers..............................................................................

Whether auto-alarm fitted..............................................................................

Whether main installation fitted..............................................................................

Whether emergency installation fitted..............................................................................

Whether main and emergency transmitters electrically separable or combined...........................................................................

Whether direction-finder fitted..............................................................................

Omit if the ship has not been exempted from any of the requirements of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations.

(db)that the ship, in pursuance of the Navigation (Radio) Regulations and the Navigation (Direction-Finders) Regulations, has been exempted from the following requirements of the regulations subject to the following conditions:—

Requirements from which ship exempted.

Conditions to which exemption subject.

First Schedule—Forms 14 and 15.

12. The First Schedule to the Navigation (Survey) Regulations is amended by omitting Forms 14 and 15.

First Schedule—Form 16.

13. The First Schedule to the Navigation (Survey) Regulations is amended by omitting from Form 16 the words—

“Signature of

Master

Owner

Agent

and inserting in their stead the words—

“Signature of Master”.

Second Schedule.

14. The Second Schedule to the Navigation (Survey) Regulations is amended by omitting paragraph 8 and inserting in its stead the following paragraph:—

“8.—(1.) Subject to the next succeeding sub-paragraph, the fee for the survey of a radio installation (including radio navigational aids) is Eight pounds.

“(2.) The fee specified in the last preceding sub-paragraph is not payable if the survey of the radio installation is carried out as part of the survey for a certificate in accordance with Form 4 or a certificate in accordance with Form 9.”.

Second Schedule.

15. The Second Schedule to the Navigation (Survey) Regulations is amended by omitting paragraphs 10, 11 and 12 and inserting in their stead the following paragraphs:—

“10. Where, as a result of a request made by the owner, agent or master of a ship, an inspection or survey of the ship under these Regulations is commenced or completed at a time when the office of the Department is not open for public business, there is payable, by virtue of this paragraph—

(a)if the inspection or survey is commenced or completed on a day when the office of the Department is not at any time open for public business—a fee of Five pounds five shillings;

(b) if the inspection or survey commences or ceases at any time between eleven o'clock in the evening of a day and six o'clock in the morning of the next following day, and the day on which the inspection or survey commences or ceases is a day other than a day referred to in the last preceding sub-paragraph—a fee of Four pounds four shillings; or

(c)in any other case—a fee of Two pounds two shillings.

500/65.—14

“11. Where, as a result of a request by the owner, agent or master of a ship, a surveyor is, or surveyors are, required to attend at a time and place for the purpose of inspecting or surveying a ship under these Regulations (being a time when the office of the Department is not open for public business) but the proposed inspection or survey does not commence because the owner, agent or master cancels the request, there is payable, by virtue of this paragraph—

(a) if the time appointed is on a day when the office of the Department is not at any time open for public business—a fee of Two pounds twelve shillings and sixpence;

(b) if the time appointed is between eleven o'clock in the evening of a day and six o’clock in the morning of the next following day, and the day on which the time is appointed is a day other than a day referred to in the last preceding sub-paragraph—a fee of Two pounds two shillings; or

(c) in any other case—a fee of One pound one shilling.

“12. The last two preceding paragraphs apply in respect of each surveyor who sets out to commence an inspection or survey.

“13. Where—

(a)a surveyor is available at the time and place appointed for an inspection or survey of a ship under these Regulations but, for any reason outside the control of the surveyor, he is compelled to wait for a period in excess of half an hour after that time before he can commence the inspection or survey;

(b)a surveyor is carrying out an inspection or survey under these Regulations and, for any reason outside his control, the inspection or survey is interrupted and he is compelled to wait for a period in excess of half an hour before he can continue the inspection or survey; or

(c)a surveyor carrying out an inspection or survey of a ship under these Regulations is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection or survey for a period in excess of half an hour,

a fee calculated at the rate of Two pounds for each hour, or part of an hour, of the excess, or a fee of Eight pounds, whichever is the less, is payable, by virtue of this paragraph, in respect of that inspection or survey.

“14. Where, as a result of a request made by the owner, agent or master of a ship, a surveyor proceeds to a place outside the limits of the port at which he is ordinarily stationed for the purpose of carrying out an inspection or survey of a ship under these Regulations, a fee equal to the travelling and subsistence expenses necessarily incurred by the surveyor is payable, by virtue of this paragraph, whether or not the proposed inspection is carried out.

“15. The fact that a fee is, by virtue of a particular paragraph of this Schedule, payable in respect of an inspection or survey of a ship under these Regulations shall not be taken to prevent a further fee, or further fees, being payable in respect of that inspection or survey by virtue of another paragraph of this Schedule.

“16. A fee payable under a paragraph of this Schedule is a debt due to the Commonwealth and may be recovered from the owner, charterer, agent or master of the ship, in a court of competent jurisdiction.

“17. In this Schedule, ‘the office of the Department’, in relation to an inspection or survey or proposed inspection or survey, by a surveyor of a ship, means the office of the Department of Shipping and Transport, or of the representatives of that Department, at the place where the inspection or survey is made, or the proposed inspection or survey is to be made.”.

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