Fishing Grounds and Sea Routes Protection Regulations

Legislation au C1933L00007 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1933. No. 7.

 

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

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, to come into operation forthwith.

Dated this eleventh day of January, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

 

Fishing Grounds and Sea Routes Protection Regulations.

Short title.

1. These Regulations may be cited as the Fishing Grounds and Sea Routes Protection Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“At sea” means within Australian waters;

“Owner”, in relation to a vessel, includes the owner, whether so registered or not, immediately prior to the sending or taking of the vessel to sea for the purpose of sinking her at sea;

“Sinking”, in relation to a vessel, means the disposal of the vessel by sinking, and includes the burning, casting adrift or abandoning of the vessel with a view to her disposal;

“Sinks” or “sunk” has a meaning corresponding with “sinking”;

“Vessel” includes any hull of a vessel, hulk or floating construction of any description; and

“Deputy Director” means the Deputy Director of Navigation for a State and includes the Director of Navigation.

Application for permission to sink a vessel.

3. Application for permission to sink a vessel at sea shall be made to the Deputy Director in Form F.G. S.R.—1 of Schedule I. to these Regulations.

4283.—Price 8d.


Permission to sink a vessel.

4. Where permission is granted by the Deputy Director to sink a vessel at sea such permission shall be notified to the applicant in Form F. & S.R.—2 of Schedule I. to these Regulations.

Report of sinking of vessel.

5. Any person who sinks a vessel at sea shall, within seven days thereof, furnish to the Deputy Director a report in Form F.G. & S.R.—3 of Schedule I. to these Regulations.

Areas in which vessels may be sunk.

6. The areas in which vessels may be sunk, with the permission of the Deputy Director, are those shown and described in Schedule II. to these Regulations, or in special cases, areas approved by the Deputy Director.

 

SCHEDULE I.

Form F.G. & S.R.—1.

Commonwealth of Australia.

Fishing Grounds and Sea Routes Protection Regulations.

APPLICATION FOR PERMISSION TO DISPOSE OF A SHIP BY SINKING AT SEA.

To the Deputy Director of Navigation,

I hereby make application for permission to send or take to sea, from the Port of  

the undermentioned vessel for the purpose of sinking her at sea in Prescribed Area No.  as defined in Schedule II. of the above-mentioned Regulations.

It is proposed, subject to the desired permission being granted, to sink the vessel in that area on or about              193              .

Description of Vessel.

Name (if any) —

Construction (iron, steel, wood, &c.)—

Gross tonnage—

Description and condition (e.g., hull of steamship, barge, lighter, &c.) —

Signature............................

Owner or Agent.

Date / / .

 

Form F.G. & S.R.—2.

Commonwealth of Australia.

Fishing Grounds and Sea Routes Protection Regulations.

PERMISSION TO SINK A VESSEL AT SEA.

To

With reference to your application of 193 , permission is hereby granted to you to send or take to sea the               and to dispose of that vessel by sinking in Area No.               as defined in Schedule II. of the above-mentioned Regulations.

This permission is granted subject to the condition that report is furnished to me on prescribed Form F.G. & S.R.—3 (of which copy is attached) within seven days after the time of sinking.

..........................

Deputy Director of Navigation for the State of

Date / / .


Form F.G. & S.R—3.

Commonwealth of Australia.

Fishing Grounds and Sea Routes Protection Regulations.

REPORT OF SINKING OF SHIP AT SEA.

Name and description of vessel—

Date and time of sinking—

Depth of water in which vessel was sunk—

*State of tide at time of sinking—

Latitude and longitude of position where vessel was sunk—

True bearings of charted objects taken from position where vessel sank—

Remarks (if required) —

Date / / .

..........................

Signature of Owner or Agent.

To the Deputy Director of Navigation,

 

SCHEDULE II.

AREAS IN WHICH, WITH THE PERMISSION OF THE DEPUTY DIRECTOR, VESSELS MAY BE SUNK AT SEA.

Area No. 1.—For Sydney.

Outside the 100 fathom line within a circular area 5 miles in diameter with centre in latitude 34° 0’ S., longitude 151° 36’ E., with South Head Lighthouse bearing 299° distant 18 miles.

 

* State whether First, Half or Third Quarter, Ebb or Flood, or High or Low Water.


Area No. 2.—For Newcastle.

Outside the 100 fathom line within a circular area 5 miles in diameter with centre in latitude 33° 3’ S., longitude 152° 27’ E., 104° distant 33 miles from Nobby’s Head. Port Stevens Lighthouse distant 22 miles, with high land of Toomeree Head bearing 326°.

Area No. 3.—For Melbourne and Geelong.

In about 25 fathoms within a circular area 3 miles in diameter, with centre in latitude 38° 21’ S., longitude 144° 25½’ E., with Barwon Head bearing 46° distant 5 miles.


Area No. 4.—For Hobart.

Outside the 100 fathom line with a circular area 5 miles in diameter with centre in latitude 43° 14’ S., longitude 148° 22’ E., Tasman Island Lighthouse bearing 270° distant 15 miles.

Note.—The sinking area within the Hobart port limits is on the edge of the reef at the south end of Betsy Island situated to the eastward of the entrance to the Derwent River.

Area No. 5.

For Adelaide and Gulf Ports.

Area No. 6.

Within either of the following areas:—

No. 5 (Eastern Area).—South of Macdonnell Peninsula in 26 fathoms within a circular area 5 miles in diameter with centre in latitude 35° 57½’ S., longitude 137° 55’ E., Cape Hart bearing 63° distant 7 miles.


No. 6 (Western Area).—West of Kangaroo Island in 50 fathoms within a circular area 5 miles in diameter with centre in latitude 35° 57½’ S., longitude 136° 25½’ E., Cape Couedie bearing 115° distant 15 miles.

Area No. 7.—For Fremantle.

Within a circular area 7 miles in diameter with centre in latitude 32° 4’ S., longitude 115° 20’ E., with Rottnest Island Lighthouse bearing 68° distant 11 miles.


Area No. 8

For Albany.

Area No. 9

Within either of the following areas:—

No. 8.—Eastern Area near Cape Vancouver—

Within an area bounded—

To the westward—by a line between the south end of Inner Island and the north end of False Island.

To the northward—by a line between the south end of Inner Island and the nearest part of mainland.

To the eastward—by the mainland.

To the southward—by the northern shore of False Island.

No. 9.—Western Area near Bald Head—

North of a line between the headlands of the Middle Bay (unnamed on chart 2619). South of the summit of the Limestone Head Peninsula.


Area No. 10.—For Brisbane.

Outside the 100 fathom line within a circular area 5 miles in diameter with centre in latitude 27° S., longitude 153° 42’ E., with Cape Moreton Lighthouse bearing 260° distant 12½ miles.

Area No. 11.—For Rockhampton.

Outside the 100 fathom line within a circular area 5 miles in diameter with centre in latitude 23° 14’ S., longitude 152° 15’ E., with North Reef Lighthouse bearing 280° distant 18½ miles.


 

Area No. 12.—For Bowen.

In 28 fathoms within a circular area 5 miles in diameter with centre in latitude 19° 46½’ S., longitude 148° 31’ E., with Holborne Island bearing 288° distant 9 miles and Gloucester Head bearing 198° distant 12½ miles.


Area No. 13.—For Townsville.

In 27 fathoms within a circular area 5 miles in diameter with centre in latitude 18° 46½’ S., longitude 147° 24½’ E., midway between Keeper and Wheeler Reefs, 45 miles north-east from Townsville.

Area No. 14.—For Cairns.

Outside the 100 fathom line, near entrance to Grafton Passage, within a circular area 5 miles in diameter with centre in latitude 16° 40’ S., longitude 146° 21’ E., Euston Reef bearing 253° distant 5½ miles, 40 miles from Cairns.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Beaches, Fishing Grounds and Sea Routes Protection Act 1932 was enacted to address the need for regulation regarding the disposal of vessels at sea. This legislation was introduced by the Commonwealth Parliament to ensure that the disposal of vessels does not interfere with fishing grounds, sea routes, or beaches. The policy objective of this Act was to protect marine environments and resources by controlling the disposal of vessels in a manner that minimises environmental impact and ensures safety of navigation. The Act provides a framework for the application, approval, and reporting processes for the sinking of vessels at sea, overseen by the Deputy Director of Navigation for each State.

Scope and Application

The Fishing Grounds and Sea Routes Protection Regulations, made under the Beaches, Fishing Grounds and Sea Routes Protection Act 1932, apply to the disposal of vessels by sinking within Australian waters. These Regulations require that any person or entity intending to sink a vessel must apply for permission to do so, in accordance with the forms and procedures outlined in Schedule I of the Regulations. The application process involves the submission of detailed information about the vessel to the Deputy Director of Navigation for a State. Upon receiving the application, the Deputy Director may grant permission for the vessel to be sunk in one of the specified areas listed in Schedule II, or in special cases, in areas approved by the Deputy Director. Additionally, those granted permission must submit a report detailing the sinking within seven days of the event. The Regulations delineate specific geographical areas around various ports where vessels may be sunk with the requisite permission, aiming to protect fishing grounds and sea routes from unnecessary hazards. There are no stated exclusions or exemptions in these Regulations; however, they are subject to amendment through subordinate instruments to adapt to changing circumstances or requirements.

Key Provisions

The key provisions of these Regulations (section 1) mandate the application process for permission to sink a vessel at sea (section 3), the process for granting such permission by the Deputy Director of Navigation (section 4), and the requirement for a report to be submitted to the Deputy Director within seven days after the vessel is sunk (section 5). These Regulations (section 2) define terms such as "at sea," "owner," "sinking," "vessel," and "Deputy Director." The Regulations specify the areas where vessels can be sunk with permission from the Deputy Director, which are detailed in Schedule II. The obligations imposed by the Act require the owner or agent of a vessel to apply for permission to sink the vessel at sea, to furnish a report of the sinking within seven days, and to adhere to the conditions set by the Deputy Director when permission is granted. Failure to comply with these provisions can result in civil or criminal consequences, although the specific penalties are not detailed in these Regulations. However, under the principal Act, the Beaches, Fishing Grounds and Sea Routes Protection Act 1932, penalties for non-compliance could include fines and imprisonment.

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.