Lighthouses (General) Regulations (Amendment)

Overview

Statutory Rules 1937 No. 83, made under the Lighthouses Act 1911-1919, introduces amendments to the Lighthouses (General) Regulations to establish a Lighthouse Advisory Committee. This committee is designed to provide expert advice on matters related to lighthouses, maritime navigation, and shipping, reflecting the need for a more structured and inclusive decision-making process. Enacted by the Governor-General in Council, the policy objective behind these regulations is to ensure that lighthouse operations and maritime safety are overseen by a committee with diverse expertise, including representatives from various maritime sectors. The regulations also address the remuneration of committee members, ensuring that their contributions are adequately compensated. These amendments aim to enhance the coordination and effectiveness of lighthouse management and maritime navigation in Australia.

Scope and Application

The Lighthouses (General) Regulations, made under the Lighthouses Act 1911-1919, primarily concern the composition and operation of a Lighthouse Advisory Committee. This Committee, established by the Minister, includes specified officers from the Department of Commerce and the Department of the Interior, an officer from the Royal Australian Navy with hydrographic qualifications, representatives from coasting shipping and overseas British shipping, and a representative of certificated navigating officers and seamen. The regulations also address the remuneration of Committee members, excluding those who are officers of the Commonwealth Public Service, by providing fees for their attendance and allowances for travel when required to meet outside their home state or territory. These regulations extend to the Commonwealth of Australia and govern the administrative and financial arrangements for the Advisory Committee, thereby impacting maritime safety and navigational services within Australian waters.

Key Provisions

The primary sections of the Lighthouses (General) Regulations, 1937, detail the establishment and composition of the Lighthouse Advisory Committee, referred to as "the Committee" (Regulation 2). According to the amendment, the Committee shall consist of officers from the Department of Commerce and the Department of the Interior, a qualified officer from the Royal Australian Navy, representatives of coasting shipping and overseas British shipping, and a representative of certificated navigating officers and seamen (Regulation 2(1)). The regulation also modifies references from "Commonwealth Marine Branch" to "Department of Commerce" within sub-regulation (3), ensuring clarity in administrative oversight. The obligations imposed by these Regulations on the parties involved primarily revolve around the composition and operational roles of the Committee. The Minister is tasked with appointing the members of the Committee (Regulation 2(1)), which includes a diverse range of maritime and navigational expertise. Members of the Committee, apart from those who are officers of the Commonwealth Public Service, are eligible for fees and allowances to cover their participation in Committee activities (Regulation 7). These allowances include a per diem fee for each day of sitting, as well as travel and incidental expenses for members residing outside the state or territory where the Committee meets. Violations or non-compliance with the provisions of these Regulations may lead to certain legal consequences. While the document does not explicitly state offences, penalties, or civil/criminal consequences for breaches, it is implied that adherence to the stipulated allowances and obligations is mandatory. Non-compliance could potentially result in administrative actions or disputes regarding the payment of fees and allowances to Committee members. However, the specific penalties for such breaches are not detailed within the text.