Lighthouses and Light Dues Regulations (Amendment)

Overview

The Statutory Rules 1971 No. Regulations Under the Lighthouses Act 1911-1970 were enacted by the Governor-General in the context of the Federal Executive Council, with Paul Hasluck as the Governor-General and Ian Sinclair as the Minister of State for Shipping and Transport. These regulations were introduced to amend the Lighthouses and Light Dues Regulations, addressing various discrepancies and updating terminology to reflect current maritime practices. The policy objective behind these amendments is to ensure that the regulatory framework remains relevant and effective in managing maritime navigational aids, light dues, and related administrative processes. The amendments focus on updating terminology from "aids to navigation" to "marine navigational aids", adjusting functions of the Lighthouse Advisory Committee, modifying fees and definitions, and clarifying the payment and refund processes of light dues. These changes aim to streamline operations and improve the administration of maritime navigational aids and related dues.

Scope and Application

The Lighthouses and Light Dues Regulations, established under the Lighthouses Act 1911-1970, pertain to the administration of light dues and the functions of the Lighthouse Advisory Committee within the maritime sector of Australia. These regulations apply to all sea-going vessels that use marine navigational aids within Australian waters, encompassing both Commonwealth and territorial jurisdictions. They are designed to regulate the fees associated with the use of such aids, the operation of the Lighthouse Advisory Committee, and the collection and refund processes for light dues. Certain vessels, such as those used for the search and collection of sedentary organisms as defined by the Continental Shelf (Living Natural Resources) Act 1968, are exempt from these dues. The regulations also specify the prescribed officers responsible for different regions, including the Regional Controllers for Queensland and Western Australia, who handle incidents in various territories and island regions. These regulations are further clarified and extended through subordinate instruments, which provide additional definitions, operational details, and procedural specifications.

Key Provisions

The Regulations under the Lighthouses Act 1911-1970 (C1971L00018) make several amendments to the existing Lighthouses and Light Dues Regulations. These amendments include changes to definitions, fees, and the scope of certain obligations and exemptions. For instance, Regulation 5 amends the definition of "aids to navigation" to "marine navigational aids" in sub-regulations (2) and (3) ((1)(a), (1)(b)). Regulation 10 similarly updates references to "lights, marine marks and other aids to navigation" to "marine navigational aids" ((2)). Regulation 11 increases the fee from Twenty-five dollars to Thirty-five dollars ((3)). Other amendments include updates to the Lighthouse Advisory Committee's functions, changes to light dues payment requirements, and adjustments to the definitions of "home port" and "sea-going ship" ((4)). These Regulations impose various obligations on parties or entities governed by the Lighthouses Act. For instance, they require the payment of light dues to a Collector for the use of marine navigational aids, with specific provisions for when and to whom these dues are payable ((5)). The Regulations also outline the conditions under which light dues may be refunded or remitted ((6), (7)). Additionally, they detail the procedures for vessels that may be exempted from certain fees, such as those used in searching for or taking sedentary organisms ((8)). Furthermore, the Regulations specify the prescribed officers responsible for handling damage claims in various territories ((9)). The Regulations do not explicitly state specific offences, penalties, or consequences for breaches. However, under the general provisions of the Lighthouses Act, unauthorised use of marine navigational aids or failure to pay dues may result in civil or criminal penalties. These could include fines or imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined based on the specific circumstances and the applicable laws at the time of any alleged breach.