Statutory Rules
1974 No. 214
REGULATIONS UNDER THE CONTINENTAL SHELF (LIVING NATURAL RESOURCES) ACT 1968-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Continental Shelf (Living Natural Resources) Act 1968-1973.
Dated this twelfth day of November, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture.
Amendments of the Continental Shelf (Living Natural Resources)
Regulations†
Fees.
1. Regulation 13 of the Continental Shelf (Living Natural Resources) Regulations is amended—
(a) by omitting from sub-regulation (2) the word “ For ” and substituting the words “ Subject to sub-regulation (3), for ”;
(b) by omitting from sub-regulation (2) the words “, in feet,”;
(c) by omitting from sub-regulation (2) the words “ the number of feet, disregarding any part of a foot, in ”; and
(d) by adding at the end thereof the following sub-regulation:—
“ (3) Where the length of the imaginary straight line ascertained in accordance with sub-regulation (2) includes a fraction of a metre, that fraction shall—
(a) if that fraction is one half or greater—be deemed to be one metre; and
(b) if that fraction is less than one half—be disregarded.”.
* Notified in the Australian Government Gazette on 19 November 1974.
† Statutory Rules 1970, No. 47, as amended by Statutory Rules 1972, No. 11; and Statutory Rules 1974, No. 213.
Second Schedule.
2. The Second Schedule to the Continental Shelf (Living Natural Resources) Regulations is repealed and the following Schedule substituted:—
“ SECOND SCHEDULE Regulation 13
FEES
First Column | Second Column |
Matter | Fee |
| $ |
1. Grant of a licence under sub-section 13 (1) or the Act....................... | 10.00 |
2. Grant of a licence under sub-section 13 (2) of the Act in respect of an Australian ship— | |
(a) of less than 15 metres ........................................ | 20.00 |
(b) of not less than 15 metres but less than 20 metres ...................... | 25.00 |
(c) of not less than 20 metres ...................................... | 30.00 |
3. Grant of a licence under sub-section 13 (2) of the Act in respect of a foreign ship, for each metre in overall length of the ship | 35.00 |
4. Grant of a licence under sub-section 13 (4) of the Act— | |
(a) authorizing the employment of a person as a diver ..................... | 10.00 |
(b) authorizing the employment of a person as a trial diver .................. | 1.00 |
(c) authorizing the employment of a person as a diver’s tender................ | 10.00 |
5. Endorsement under sub-section 13 (1a) or (2a) of the Act of a licence granted under the Act | 1.00 |
6. Transfer under sub-section 13 (7) of the Act of a licence granted under sub-section 13 (2) of the Act | 1.00 |
7. Issue of a duplicate of a lost or defaced licence ........................... | 1.00 ”. |
Overview
The Continental Shelf (Living Natural Resources) Regulations 1974, established under the Continental Shelf (Living Natural Resources) Act 1968-1973, were introduced to address the need for comprehensive regulation of activities related to living natural resources on Australia's continental shelf. The primary objective of these regulations is to ensure the sustainable management and conservation of marine life, particularly in light of increasing commercial interests in offshore resources. Enacted by the Governor-General of Australia on the advice of the Executive Council, these regulations provide a structured framework for licensing and fee structures associated with the exploitation of marine resources, thereby facilitating orderly and regulated access to the continental shelf for both domestic and foreign entities. This legislative instrument aims to strike a balance between economic activities and the preservation of marine ecosystems, ensuring that the exploitation of living natural resources is conducted in a manner that is environmentally sustainable and economically viable.
Scope and Application
The Continental Shelf (Living Natural Resources) Regulations 1974, made under the Continental Shelf (Living Natural Resources) Act 1968-1973, primarily apply to the regulation of living natural resources on Australia's continental shelf. These regulations govern the issuance of licenses for various activities related to living natural resources, including fishing and diving operations, and establish fees for these licenses. They apply to both Australian and foreign ships engaging in such activities within the designated areas of the continental shelf. The geographic scope of these regulations is limited to Australia's continental shelf, which extends beyond its territorial waters and includes the seabed and subsoil for the purpose of exploring and exploiting natural resources. The regulations include specific provisions for fee calculations based on the length of ships and the nature of the activities they engage in, with different rates set for Australian and foreign vessels. These regulations do not specify exclusions or exemptions explicitly but imply that any activities outside the scope of the Act or not covered by the licensing provisions may not be regulated under these regulations. The application of these regulations can be further extended or clarified through subordinate instruments, such as additional regulations or guidelines issued under the authority of the Act.
Key Provisions
The Continental Shelf (Living Natural Resources) Regulations 1974 establish specific fees for various types of licences and endorsements related to the Act. Under Regulation 13, fees are set for the grant of a licence for activities on the continental shelf, with varying rates depending on whether the licence is for an Australian or foreign ship, and the length of the ship (Regulation 13(2)). The fees also include charges for employing divers, trial divers, and diver’s tenders, as well as for endorsement, transfer, and duplication of licences (Regulation 13(4), (1a), (2a), (7)). The new schedule in the Second Schedule sets specific monetary values for each of these services, such as $10.00 for a basic licence, $20.00 to $30.00 for Australian ships based on their length, and $35.00 per metre for foreign ships (Schedule, Regulation 13).
The Regulations impose clear financial obligations on applicants for licences and endorsements, as well as those seeking to transfer or duplicate their licences. For instance, an Australian ship owner must pay a fee of $20.00 if the ship is less than 15 metres in length, and progressively higher fees for longer ships. Similarly, foreign ship owners must pay $35.00 per metre of their ship’s length. These fees are non-negotiable and must be paid in full to process the applications as per the Act's requirements.
Failure to comply with the fee structure or other provisions of these Regulations may lead to civil or criminal penalties. The Act does not specify penalties within the Regulations themselves, but breaches of related Acts or common law could result in fines, imprisonment, or other legal consequences depending on the severity and nature of the breach. The specific penalties would be determined in the context of the broader legislative framework and any applicable court decisions.