EXPLANATORY STATEMENT
STATUTORY RULE NO. 242 1982
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT AND CONSTRUCTION
LIGHTHOUSES AND LIGHT DUES REGULATIONS (AMENDMENT)
Section 20 of the Lighthouses Act 1911, ‘the Act’, provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Section 13 of the Act provides, amongst other things, that light dues in accordance with the rates or scales prescribed by the Regulations shall be levied and shall be payable with respect to the voyages made by ships or by way of periodical payment as the regulations prescribe.
The amendment of regulation 13 to amend the definition of “tonnage” is in consequence of the coming into effect in Australia, on 22 August 1982, of the International Convention on Tonnage Measurement of Ships, 1969.
For the purposes of the Regulations, “tonnage” in relation to a ship measured for tonnage under the Convention means the ‘net tonnage’ specified in the ship’s International Tonnage Certificate (1969) and in other cases, “tonnage” will mean the ‘net or register tonnage’, as the case may be, specified in the ship’s certificate of registry. The term ‘net registered tonnage’ is no longer used in reference to the tonnage of ships.
Regulation 4 makes a consequential amendment to paragraph 20f to amend the reference to ‘net registered tonnage’ in that paragraph.
Regulation 15 of the Lighthouses and Light Dues Regulations prescribes the rate of light dues payable. The present rate is forty-one cents per ton on the tonnage of a ship.
Regulation 3 amends regulation 15 to increase the rate of light dues payable from forty-one cents to forty-nine cents per ton on the tonnage of a ship. The increase is in accordance with the Government’s policy of full cost recovery and has been endorsed by the Minister for Finance.
Regulation 1 provides that the amendments come into operation on 1 October 1982.
Overview
The Lighthouses and Light Dues Regulations (Amendment) Statutory Rule No. 242, issued by the authority of the Minister of State for Transport and Construction, was enacted in 1982 to address the need for updating the regulatory framework concerning light dues in accordance with the new international standards for ship tonnage measurement. This amendment was necessitated by the adoption of the International Convention on Tonnage Measurement of Ships, 1969, which came into effect in Australia on 22 August 1982. The policy objective of the amendment was to ensure that the regulations align with the updated international standards, thereby facilitating the accurate calculation of light dues. The regulation also aimed to reflect the government's policy of full cost recovery by adjusting the rate of light dues payable, which was increased from forty-one cents to forty-nine cents per ton on the tonnage of a ship. These changes came into effect on 1 October 1982.
Scope and Application
The Lighthouses and Light Dues Regulations (Amendment) Statutory Rule No. 242 1982 applies to any ships that require tonnage measurement in accordance with the International Convention on Tonnage Measurement of Ships, 1969, and the Lighthouses Act 1911. This encompasses both foreign and domestic vessels entering Australian waters, thereby extending the regulation's jurisdictional reach across all maritime activities within Australia's maritime boundaries. The amendment specifically redefines the term “tonnage” to align with the international standards by incorporating the 'net tonnage' specified in the ship’s International Tonnage Certificate (1969) and adjusts the rates of light dues payable to reflect these changes. Regulation 15, which sets the rate of light dues, has been updated to increase the charge from forty-one cents to forty-nine cents per ton, reflecting the government's policy of full cost recovery. These amendments are designed to ensure that the regulatory framework remains consistent with international standards while also supporting the financial sustainability of the lighthouse services. The changes come into effect on 1 October 1982, as stipulated in Regulation 1.
Key Provisions
The main operative sections of the Statutory Rule include amendments to the definitions and rates of light dues, as outlined in regulation 1. Regulation 13 has been amended to reflect the new International Convention on Tonnage Measurement of Ships, 1969, by replacing the term 'net registered tonnage' with 'net tonnage' or 'net or register tonnage', as appropriate (regulation 4). Regulation 15 increases the rate of light dues payable from forty-one cents per ton to forty-nine cents per ton on the tonnage of a ship (regulation 3). These provisions require that the amended regulations be implemented from 1 October 1982.
The Lighthouses and Light Dues Regulations (Amendment) impose specific obligations on the parties and entities it governs. Primarily, ship owners and operators must adhere to the new definition of 'tonnage' as per the International Convention on Tonnage Measurement of Ships, 1969. This necessitates updating their records and documentation to reflect the 'net tonnage' or 'net or register tonnage' specified in their ships' International Tonnage Certificates or certificates of registry. Additionally, they must comply with the increased rate of light dues as prescribed in regulation 15, which now stands at forty-nine cents per ton on the tonnage of a ship. These obligations are essential for ensuring that the amendments are implemented correctly and effectively.
Failure to comply with the provisions of the amended Regulations could result in various consequences. Although the Explanatory Statement does not explicitly mention offences or penalties, non-compliance with maritime regulations generally can lead to enforcement actions by relevant authorities, including fines and other sanctions. The specific penalties would depend on the particular regulations or statutes under which the enforcement action is taken. It is crucial for ship owners and operators to adhere to the amended Regulations to avoid any legal repercussions or disruptions in their maritime operations.
In summary, the Lighthouses and Light Dues Regulations (Amendment) introduces significant changes to the definition of 'tonnage' and the rate of light dues payable. Ship owners and operators are required to update their records and comply with the new rates to avoid any legal issues. While the Statutory Rule does not detail specific penalties for non-compliance, adherence to maritime regulations is critical to avoid potential enforcement actions and associated sanctions.