Fishing Grounds and Sea Routes Protection Regulations (Amendment)

Overview

The Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1961 was enacted to address the need for the protection and preservation of Australia's beaches, fishing grounds, and sea routes from pollution and other hazards that may arise from the sinking of vessels. The Act provides a framework for the regulation of the sinking of vessels at sea to prevent environmental damage and preserve marine resources. The regulation was introduced by the Australian Federal Executive Council on the advice of the Governor-General and was notified in the Commonwealth Gazette on 21 December 1964. The policy objective of the regulation is to ensure that vessels are not sunk in areas that are ecologically sensitive or commercially important, and that proper procedures are followed when sinking vessels is necessary. The regulation provides a formal process for the application and approval of vessel sinking, including the submission of detailed information about the vessel and the proposed sinking area.

Scope and Application

The Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1961, as amended through the Statutory Rules of 1964, No. 155, pertains to the regulation of activities involving the sinking of vessels at sea within Australian waters. This legislation applies to any individual or entity seeking to sink a vessel at sea, necessitating a formal application for permission. The geographic scope of the Act is national, encompassing all Commonwealth waters, and it mandates that any proposed vessel sinking must comply with the specified regulations to protect marine environments, fishing grounds, and sea routes. The Act outlines the application process for sinking permissions, which includes detailed vessel descriptions and proposed sinking locations, as well as the requirement for post-sinking reports. The Minister of State for Shipping and Transport, or their delegate, holds the authority to grant or deny these permissions based on the application's adherence to the Act's provisions. The Act does not explicitly detail exclusions or exemptions but allows for the creation of subordinate instruments to further refine the application process and compliance requirements.

Key Provisions

The key provisions of this statutory rule pertain to the application, permission, and reporting requirements for the sinking of a vessel at sea under the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1961. Regulation 3 outlines the application process for permission to sink a vessel, requiring the applicant to specify the proposed location of the sinking and provide a description of the vessel (section 3). The application must be submitted to the Minister of State for Shipping and Transport. Regulation 5 details the notification process once permission has been granted. The notification specifies the approved location and method of sinking the vessel, and is issued by either the Minister or their delegate (section 5). Regulation 7 then mandates that the person who sinks the vessel must submit a report to the Secretary of the Department of Shipping and Transport, providing details of the sinking (section 7). Entities or individuals seeking to sink a vessel at sea must submit an application in the prescribed form to the Minister of State for Shipping and Transport, detailing the proposed location and vessel description (section 3). Once permission is granted, the applicant must adhere to the specified sinking location and method outlined in the notification (section 5). After the sinking, a report must be filed with the Department of Shipping and Transport, including precise details of the sinking (section 7). Failure to comply with the application, notification, or reporting requirements may result in penalties as prescribed by the Beaches, Fishing Grounds and Sea Routes Protection Act 1932-1961. The exact penalties are not specified in the statutory rule, but they could include fines or other civil or criminal consequences for non-compliance with the Act’s provisions. The severity of these penalties would depend on the nature and extent of the breach.