Lighthouses and Light Dues Regulations (Amendment)

Overview

The Lighthouses and Light Dues Regulations (Amendment) Statutory Rule No. 212 of 1983 was enacted to address the need to increase the rates of light dues payable as prescribed in the Lighthouses and Light Dues Regulations. This amendment was authorised under the Lighthouses Act 1911, which allows the Governor-General to make regulations to enforce the provisions of the Act. The policy objective behind this amendment is to align the light dues with the full cost of lighthouse servicing, as stated in the 1983/84 Budget Statements. This statutory rule, issued by the authority of the Minister of State for Transport, ensures that the increased dues come into effect on 1 October 1983, reflecting the government's intention to adjust the financial burden in accordance with operational costs.

Scope and Application

The Lighthouses and Light Dues Regulations (Amendment) Statutory Rule No. 212 of 1983 applies to all ships entering Australian waters, imposing a light due payable for each voyage or as a periodical payment. The Act itself pertains to the regulation of lighthouses and the collection of light dues to fund their maintenance, and extends throughout Australia, under the Commonwealth jurisdiction. The increase in light dues, as amended by the Statutory Rule, is designed to ensure the full recovery of costs associated with servicing lighthouses, aligning with the Government's policy as stated in the Budget Statements for 1983/84. This amendment adjusts the rate from 49 cents to 53 cents per ton of a ship's tonnage, effective from 1 October 1983. The Act does not specify exclusions or exemptions, and its application is broad, covering all applicable vessels and voyages within Australia’s waters. The scope of the Act is further extended through subordinate instruments that may prescribe additional matters necessary or convenient for its implementation.

Key Provisions

The primary operative sections of the Statutory Rule, under the Lighthouses and Light Dues Regulations (Amendment) 1983, involve amendments to regulation 15 which sets the rate of light dues payable. Specifically, section 20 of the Lighthouses Act 1911 (the Act) empowers the Governor-General to make regulations not inconsistent with the Act, necessary or convenient to carry out or give effect to the Act. Regulation 2 of the Statutory Rule increases the rate of light dues payable from 49 cents to 53 cents per ton of a ship's tonnage, aligning with the government's policy of recovering the full cost of lighthouse servicing. This amendment is set to come into operation on 1 October 1983, as stipulated in Regulation 1. The Act imposes several obligations and requirements on the parties it governs. Primarily, it mandates that light dues are to be levied and payable in accordance with the prescribed rates or scales set out in the regulations. This obligation extends to both ships making voyages and those opting for a periodical payment method, as prescribed in the regulations. For ship operators, this means ensuring compliance with the updated rates as specified by the amended regulation 15. Additionally, the Act requires that the regulations themselves must be consistent with the overarching provisions of the Act and must serve the purpose of carrying out the Act’s provisions effectively. The Statutory Rule itself does not explicitly outline offences, penalties, or consequences for breach of the amended regulations. However, any failure to comply with the light dues payable as amended by the Statutory Rule would likely be considered a breach of the regulations. Such breaches could potentially attract penalties under the Lighthouses Act 1911, although the specific penalties are not detailed within the Statutory Rule. Generally, under maritime legislation, failure to pay prescribed dues could lead to civil or administrative penalties, including fines, which could vary based on the severity and frequency of the breach. It is advisable for ship operators and relevant entities to ensure strict adherence to the new rates to avoid any potential repercussions.