Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations

Legislation au C1972L00192 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES

1972 No. 192

 

REGULATIONS UNDER THE BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION ACT 1932-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966.

Dated this seventeenth day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

 

BEACHES, FISHING GROUNDS AND SEA ROUTES PROTECTION (SINKING OF VESSELS) REGULATIONS

Citation.

1. These Regulations may be cited as the Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations.

Repeal.

2. The Fishing Grounds and Sea Routes Protection Regulations (being Statutory Rules 1933, No. 7; Statutory Rules 1963, No. 100; and Statutory Rules 1964, No. 155) are repealed.

Interpretation.

3.—(1.) In these Regulations, “the Act” means the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966.

(2.) A reference in these Regulations to a Form by number shall be read as a reference to the Form so numbered in the First Schedule to these Regulations.

Prescribed form of application for permission to sink a vessel.

4. An application under sub-section (2.) of section 4 of the Act shall be in accordance with Form 1.

Prescribed areas for sinking vessels.

5. For the purposes of sub-section (3.) of section 4 of the Act, each of the areas specified in the Second Schedule to these Regulations is a prescribed area.

Notification of granting of permission to sink a vessel.

6. Where the Minister or his delegate, on the application of a person under section 4 of the Act, grants permission under that section for the sinking of a vessel, the Minister or the delegate, as the case may be, shall notify the person accordingly in accordance with Form 2.

Prescribed officer.

7. For the purposes of sub-section (6.) of section 4 of the Act, the prescribed officer is the Secretary to the Department of Shipping and Transport.

Prescribed form of report of sinking of a vessel.

8. A report under sub-section (6.) of section 4 of the Act shall be in accordance with Form 3.

 

* Notified in the Commonwealth Gazette on 1972.

11367/72—Price 8c 10/29.9.1972


THE SCHEDULES

FIRST SCHEDULE

Form 1 Regulation 4.

Commonwealth of Australia

Beaches, Fishing Grounds and Sea Routes Protection Act

APPLICATION FOR PERMISSION TO SINK A VESSEL AT SEA

To the Minister of State for Shipping and Transport.

I,   of , in pursuance of sub-section (2.) of section 4 of the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-19                            , hereby make application to sink the vessel described below.

2. * The area in which I propose to sink the vessel is the area specified as Area No. in the Second Schedule to the Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations.

or

* Strike out whichever is not applicable.

2. * I claim that it is not practicable to sink the vessel in an area specified in the Second Schedule to the Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations for the reasons (here insert reasons)              , and I therefore propose to sink the vessel in the area the boundaries of which are (here insert description of boundaries)

3. The vessel is now at .

4. I propose, if permission is granted, to sink the vessel within the area on or about , 19  .

Description of Vessel

Name (if any)—

Material from which constructed—

Gross tonnage—

Type of vessel—

(Signature of applicant)

/ /19 .

Form 2 Regulation 6.

Commonwealth of Australia

Beaches, Fishing Grounds and Sea Routes Protection Act

NOTIFICATION OF THE GRANTING OF PERMISSION FOR THE SINKING OF A VESSEL AT SEA

(a) Here insert the name of the person issuing the notification.

(b) Here insert “the Minister of State for Shipping and Transport” or “the delegate of the Minister of State for Shipping and Transport”, whichever is applicable.

To

With reference to your application dated ,  19 , I, (a)              , (b)              hereby notify you that I have granted permission, in pursuance of section 4 of the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-19 , for the sinking, as set out below, of the following vessel:—

(c) Strike out whichever is not applicable.

2. (c) The vessel shall be sunk at in the area specified as Area No.              in the Second Schedule to the Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations.

or

2. (c) The vessel shall be sunk at in the area the boundaries of which are as follows:—

3. The vessel shall be sunk in the following manner:—

(Signature of person issuing notification)

/ /19 .

Form 3.

Regulation 8.

Commonwealth of Australia

Beaches, Fishing Grounds and Sea Routes Protection Act

REPORT OF THE SINKING OF A VESSEL AT SEA

To the Secretary to the Department of Shipping and Transport.

I,  of , hereby report that I have sunk at sea the following vessel:—

2. I further report the following particulars relating to the sinking:—

Date and time of sinking—

State of tide at time of sinking—

Depth of water at place of sinking—

Latitude and longitude of place of sinking—

Bearings of charted objects taken from place of sinking—

Further remarks (if any)—

(Signature of person making report)

/ /19  .

SECOND SCHEDULE Regulation 5.

Area No. 1—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 34 degrees south latitude with the meridian 151 degrees 36 minutes east longitude.

Area No. 2—The area bounded by the circumference of a circle of a radius of one-quarter of a mile with its centre at the intersection of the parallel 33 degrees 47 minutes south latitude with the meridian 151 degrees 21 minutes east longitude.

Area No. 3—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 33 degrees 03 minutes south latitude with the meridian 152 degrees 27 minutes east longitude.

Area No. 4—The area bounded by the circumference of a circle of a radius of one and one-half miles with its centre at the intersection of the parallel 38 degrees 21 minutes south latitude with the meridian 144 degrees 25½ minutes east longitude.

Area No. 5—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 43 degrees 14 minutes south latitude with the meridian 148 degrees 22 minutes east longitude.

Area No. 6—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 35 degrees 57½ minutes south latitude with the meridian 137 degrees 55 minutes east longitude.

Area No. 7—The area bounded by the circumference of a circle of a radius of three and one-half miles with its centre at the intersection of the parallel 32 degrees 04 minutes south latitude with the meridian 115 degrees 20 minutes east longitude.

Area No. 8—The area bounded by a straight line between the intersection of the parallel 35 degrees 00 minutes 26 seconds south latitude with the meridian 118 degrees 09 minutes 25 seconds east longitude and the intersection of the parallel 35 degrees 00 minutes 26 seconds south latitude with the meridian 118 degrees 09 minutes 52 seconds east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 35 degrees 00 minutes 48 seconds south latitude with the meridian 118 degrees 10 minutes 10 seconds east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 35 degrees 00 minutes 48 seconds south latitude with the meridian 118 degrees 09 minutes 52 seconds east longitude, and the straight line between the last-mentioned intersection and the first-mentioned intersection.

Area No. 9—The area bounded by a straight line between the intersection of the parallel 35 degrees 05 minutes 55 seconds south latitude with the meridian 117 degrees 59 minutes 27 seconds east longitude and the intersection of the parallel 35 degrees 06 minutes south latitude with the meridian 118 degrees 00 minutes 11 seconds east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 35 degrees 06 minutes 14 seconds south latitude with the meridian 118 degrees 00 minutes 15 seconds east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 35 degrees 06 minutes 05 seconds south latitude with the meridian 117 degrees 59 minutes 27 seconds east longitude and the straight line between the last-mentioned intersection and the first-mentioned intersection.

Area No. 10—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 27 degrees south latitude with the meridian 153 degrees 42 minutes east longitude.

Area No. 11—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 23 degrees 14 minutes south latitude with the meridian 152 degrees 15 minutes east longitude.

Area No 12—The area bounded by the circumference of a circle of a radius of two and one-half miles with its centre at the intersection of the parallel 19 degrees 20 minutes south latitude with the meridian 148 degrees 33 minutes east longitude.

Area No. 13—The area bounded by a straight line between the intersection of the parallel 18 degrees 44 minutes south latitude with the meridian 147 degrees 22 minutes east longitude and the intersection of the parallel 18 degrees 44 minutes south latitude with the meridian 147 degrees 30 minutes east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 18 degrees 49 minutes south latitude with the meridian 147 degrees 30 minutes east longitude, the straight line between the last-mentioned intersection and the intersection of the parallel 18 degrees 49 minutes south latitude with the meridian 147 degrees 22 minutes east longitude, and the straight line between the last-mentioned intersection and the first-mentioned intersection.

Area No. 14—The area bounded by the circumference of a circle of two and one-half miles with its centre at the intersection of the parallel 16 degrees 40 minutes south latitude with the meridian 146 degrees 21 minutes east longitude.

Area No. 15—The area bounded by the circumference of a circle of two and one-half miles with its centre at the intersection of the parallel 9 degrees 57 minutes south latitude with the meridian 130 degrees east longitude.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations 1972 were enacted under the authority of the Governor-General in accordance with the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966. The primary objective of this legislation was to address the environmental and navigational hazards posed by the improper sinking of vessels in Australian waters. These regulations were created to provide a framework for managing the sinking of vessels, ensuring that it is conducted in a manner that minimises environmental damage and does not interfere with fishing grounds, beaches, or sea routes. The regulations aim to provide a clear and structured process for obtaining permission to sink vessels, specifying the prescribed areas where sinking is permitted, and outlining the notification and reporting requirements for such activities. The regulations were made by the Governor-General on the advice of the Federal Executive Council.

Scope and Application

The Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations were made under the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966 and establish procedures for the sinking of vessels at sea to protect Australian beaches, fishing grounds, and sea routes. These regulations apply to any person seeking to sink a vessel at sea and require them to obtain permission from the Minister or their delegate, who is the Secretary to the Department of Shipping and Transport. The application process must adhere to the prescribed forms outlined in the First Schedule, including providing details about the proposed vessel and the intended sinking location. The regulations specify certain areas where vessels can be sunk, detailed in the Second Schedule, and require the Minister to notify the applicant in accordance with the prescribed form if permission is granted. Post-sinking, a report must be submitted to the Secretary to the Department of Shipping and Transport, detailing the sinking event and location. The regulations have a national reach, applying across Australian waters, and extend through the subordinate instruments and forms prescribed within the schedules.

Key Provisions

The Beaches, Fishing Grounds and Sea Routes Protection (Sinking of Vessels) Regulations (1972) establish the procedures and requirements for the sinking of vessels in Australian waters under the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966. The Regulations specify the prescribed areas where vessels can be sunk, which are detailed in the Second Schedule to these Regulations. Applications for permission to sink a vessel must be made in accordance with Form 1 (Regulation 4) and must specify the area in which the vessel will be sunk. If it is not practicable to sink the vessel in a specified area, the applicant must provide reasons and a description of the proposed area (Regulation 4(2)). Once permission is granted, the Minister or the delegate must notify the applicant in accordance with Form 2 (Regulation 6), specifying the area and manner of sinking. A report of the sinking must be submitted to the Secretary to the Department of Shipping and Transport in accordance with Form 3 (Regulation 8), detailing the particulars of the sinking. The Regulations impose several obligations on the parties involved. An applicant seeking permission to sink a vessel must submit an application in the prescribed form (Regulation 4), and provide reasons if it is not practicable to sink the vessel in a specified area. The Minister or the delegate has the authority to grant permission for the sinking of a vessel and must notify the applicant in the prescribed form (Regulation 6). Once permission is granted, the person responsible for sinking the vessel must submit a report of the sinking in the prescribed form (Regulation 8), detailing the particulars of the sinking. The prescribed officer for the purposes of these Regulations is the Secretary to the Department of Shipping and Transport (Regulation 7). Breaches of the provisions of these Regulations may result in civil or criminal penalties. However, the specific offences, penalties, or consequences for breach are not detailed within the text of these Regulations. It is likely that breaches would be addressed under the overarching Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1966, which may provide for penalties such as fines or imprisonment for unauthorised actions that affect protected areas. It is important to consult the primary Act for a comprehensive understanding of the potential consequences for non-compliance with these Regulations.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.