Commonwealth Light Dues Regulations 1915

Overview

The Lighthouses Act 1911 was enacted by the Australian Parliament to address the need for a systematic approach to the collection of dues for the maintenance and operation of lighthouses and marine marks under the control of the Commonwealth. To implement this Act, the Commonwealth Light Dues Regulations 1915 were made under the authority of the Governor-General in Council. These Regulations specify the imposition, payment, and rate of light dues payable by sea-going ships upon their arrival at Australian ports, with certain exemptions outlined to ensure fairness and practicality. The objective of these Regulations is to ensure that the financial burden of maintaining navigational aids is borne by those who benefit from them, thus supporting the safe navigation of maritime traffic along Australia’s coastline.

Scope and Application

The Commonwealth Light Dues Regulations 1915 apply to sea-going ships defined as any ship passing one or more Commonwealth-controlled lighthouses or marine marks during its voyage to or from an Australian port. The imposition of light dues is mandated for these sea-going ships arriving at any Australian port post the commencement of these regulations. The regulations specify the payment of light dues at designated locations, either at the initial port of arrival in Australia or at the first port of arrival after a three-month period from the last payment, to be made to the Collector or proper officer of Customs before the ship's outward entry at the Customs House. The rates of light dues vary based on the ship's tonnage, with different rates applying for ships of less than 4,500 tons and those 4,500 tons or more, with reduced rates for ships calling at one Australian port only en route to a destination outside Australia. Exemptions from light dues include vessels belonging to various naval entities, ships belonging to the Commonwealth or any state not engaged in trade, ships in distress, those entering ports for specific purposes like refitting or obtaining water or provisions without trading, steam-ships solely for coal, fishing or whaling vessels, ships bona fide in ballast without freight or passengers, pleasure yachts under 25 tons, other ships under 15 tons, and mission ships. These regulations govern the geographic scope of the Commonwealth and extend to all sea-going ships subject to the described conditions.

Key Provisions

The Commonwealth Light Dues Regulations 1915, which came into effect on 1 July 1915, set out specific requirements for the payment of light dues on sea-going ships. According to section 3 of the Regulations, light dues are to be paid on all sea-going ships that arrive at any Australian port after the commencement of these Regulations, with certain exemptions as outlined in section 8. The term "sea-going ship" is defined in section 2 as any ship passing one or more lighthouses or marine marks under the control of the Commonwealth in the course of a voyage to or from an Australian port. Section 4 of the Regulations specifies the places and conditions under which light dues are to be paid. For the initial arrival of a ship at an Australian port post-regulation commencement, the dues must be paid at that port. For subsequent arrivals, the dues are payable at the first port in Australia at which the ship arrives after three months from the last payment of light dues. The payment must be made to the Collector or other designated Customs officer before the ship's outward entry at the Customs House of the port where the dues are payable. A receipt for the payment must be produced before clearance is granted, as outlined in section 7. The rate of light dues is set forth in section 5, with different rates for ships under and over 4,500 tons. For ships under 4,500 tons, the rate is eightpence per ton, while for ships 4,500 tons or more, the rate is £150. For ships that call at only one Australian port en route to a destination outside Australia, the rates are halved. The tonnage used to calculate the light dues is the ship's registered net tonnage, as specified in section 6. Various types of vessels are exempt from light dues under section 8, including naval vessels, government-owned ships, ships in distress, and those not engaged in trade. Failure to comply with the payment of light dues as required by these Regulations could result in penalties, though the specific civil or criminal consequences are not detailed within the text of the Regulations themselves. However, it is reasonable to infer that non-compliance could lead to legal action, fines, or other enforcement measures under the Lighthouses Act 1911, which these Regulations support.