STATUTORY RULES.
1934. No. 128.
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REGULATIONS UNDER THE COLONIAL LIGHT DUES COLLECTION ACT 1932-1934.*
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 Colonial Light Dues Collection Act 1932-1934, to come into operation forthwith.
Dated this seventeenth day of October, 1934.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
FRED. H. STEWART
Minister of State for Commerce.
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Colonial Light Dues Regulations.
Citation.
1. These Regulations may be cited as the Colonial Light Dues Regulations.
Interpretation.
2. In these Regulations—
“the Act” means the Colonial Light Dues Collection Act 1932-1934.
Ships deemed to have passed and to have derived benefit from lighthouses or buoys.
3.—(1.) A ship shall be deemed to have passed, and to have derived benefit from, a lighthouse or from the buoy specified in the first part of the Schedule to the Act if she has crossed, in either direction, a line drawn from the north-east point of Great Abaca Island to the north-east point of Grand Caicos Island, or has crossed in either direction a line running along the meridian of 79 degrees 40 minutes west longitude between the parallels of 23 degrees north latitude and 27 degrees 40 minutes north latitude, or has passed between either of these lines and any part of the Bahama Islands.
(2.) A ship shall be deemed to have passed, and to have derived benefit from, the lighthouse specified in the second part of the Schedule to the Act if she has crossed in either direction a line drawn from the eastern end of Virgin Gorda in the Virgin Islands to the western end of Anguilla Island.
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* Notified in the Commonwealth Gazette on 25th October, 1984.
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By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
4430.—Price 3d.
Overview
The Colonial Light Dues Regulations, 1934, were introduced to implement the Colonial Light Dues Collection Act 1932-1934, aiming to establish a framework for the collection of dues from ships that benefit from colonial lighthouses and buoys. Enacted by the Governor-General in Council, these regulations define the geographical parameters for determining when a ship is considered to have passed and derived benefit from specified lighthouses and buoys. The regulations outline the lines that, when crossed by a ship, signify that the ship has derived benefit from the navigational aids, thereby making it subject to the payment of dues. This legislative instrument serves to clarify the scope and application of the dues collection process, ensuring consistency and fairness in the imposition of charges for the use of colonial lighthouses and buoys.
Scope and Application
The Colonial Light Dues Regulations, made under the authority of the Colonial Light Dues Collection Act 1932-1934, outline the circumstances under which ships are deemed to have passed and benefited from specified lighthouses and buoys, thereby becoming liable for light dues. These regulations apply to any ship that crosses particular maritime lines, such as those drawn from the north-east point of Great Abaca Island to the north-east point of Grand Caicos Island, or along the meridian of 79 degrees 40 minutes west longitude between the specified parallels of latitude, or between these lines and any part of the Bahama Islands. Additionally, ships crossing between the eastern end of Virgin Gorda in the Virgin Islands and the western end of Anguilla Island are also subject to the regulations. The dues apply to these ships as they are considered to have derived navigational benefit from the specified lighthouses or buoys. The regulations extend to the entire geographic scope delineated in the Act, ensuring a comprehensive application across the specified maritime regions. No exclusions, exemptions, or thresholds are explicitly stated in the provided text, but the application of the dues is contingent upon the specific lines of passage as defined.
Key Provisions
The Colonial Light Dues Regulations 1934, made under the Colonial Light Dues Collection Act 1932-1934, set forth specific criteria for when ships are deemed to have passed and derived benefit from certain lighthouses and buoys. According to regulation 3(1), a ship is considered to have passed and benefited from a lighthouse or buoy if it crosses specified maritime boundaries. These boundaries include a line from the north-east point of Great Abaca Island to the north-east point of Grand Caicos Island, a line running along the meridian of 79 degrees 40 minutes west longitude between specified latitude parallels, or any passage between these lines and the Bahama Islands. Regulation 3(2) further specifies that a ship is deemed to have passed and benefited from a particular lighthouse if it crosses a line from the eastern end of Virgin Gorda in the Virgin Islands to the western end of Anguilla Island.
The Regulations impose clear obligations on ship owners and operators to determine if their vessels meet the criteria for deriving benefit from these maritime aids. They must ascertain whether their ship has crossed the specified lines or passed between defined maritime boundaries. Failure to comply with these obligations could result in non-payment of the dues, potentially leading to disputes or enforcement actions.
The Act does not explicitly detail offences, penalties, or consequences for non-compliance within the provided text. However, it can be inferred that failure to pay the dues or incorrectly claiming exemption might lead to legal consequences under the parent Act or other applicable maritime regulations. The penalties would likely be aligned with those specified in the Colonial Light Dues Collection Act 1932-1934, which may include fines or other civil remedies for non-compliance.