Marine Navigation Levy Regulations (Amendment) 1997 No. 140
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 140
Issued by the Authority of the Minister for Transport and Regional Development
Marine Navigation Levy Act 1989
Marine Navigation Levy Regulations (Amendment)
Subsection 7(2) of the Marine Navigation Levy Act 1989 (the Act) as amended by regulation 4 of the Maritime Navigation Levy Regulations prescribes the following levy rates:
(a) 42 cents, or such other amount (if any) as is from time to time prescribed, for each of the first 5,000 tons of the ship's tonnage;
(b) 33.5 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons;
(c) 25 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons;
(d) 11 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 50,000 tons.
The regulation halves the rate for all vessels over 20 0000 tons (Net Registered Tonnage) and decreases the prescribed amounts of levy applied under paragraph 7(2)(c) to 12.5 cents and 7(2)(d) to 5.5 cents. For vessels less than 20 000 tons the levy will be unchanged. It is estimated that the current reduction will represent a saving of $3.5 million to industry compared to the 1996197 charges.
Details of the regulations are:
Regulation 1 provides that the regulations commence on 1 July 1997.
Regulation 2 provides for amendment of the regulations as set out in regulation 3.
Regulation 3 provides for the amount of levy prescribed in sub regulations 4(3) and 4(4) to be reduced for ships over 20,000 tons.
Overview
The Marine Navigation Levy Regulations (Amendment) 1997 No. 140 was enacted under the authority of the Minister for Transport and Regional Development to amend the Marine Navigation Levy Regulations 1990. This legislation was introduced to address the need for adjustments to the levy rates for maritime vessels in order to better reflect industry changes and to provide relief to the maritime industry. The primary objective of these amendments is to reduce the financial burden on larger vessels, which is anticipated to result in an overall saving of $3.5 million for the industry. This change involves halving the levy rates for vessels over 20,000 tons and decreasing the prescribed amounts of levy for vessels in the 20,000 to 50,000 tons and over 50,000 tons categories, while maintaining unchanged rates for vessels under 20,000 tons.
Scope and Application
The Marine Navigation Levy Regulations (Amendment) 1997 No. 140 amends the Marine Navigation Levy Regulations under the Marine Navigation Levy Act 1989. This Act applies to the levy imposed on ships that navigate Australian waters, specifically targeting the shipping industry. The regulations affect the rates at which the levy is applied, depending on the tonnage of the vessel, thereby directly impacting shipping companies and other entities involved in maritime transport. Geographically, the Act's application is confined to the waters under Australian jurisdiction, thereby encompassing both coastal and international maritime activities that occur within these waters. The regulations do not explicitly state any exclusions or exemptions but are tailored to modify existing levy rates. The reduction in levy rates is intended to benefit the shipping industry, with an estimated saving of $3.5 million. The amendments are effective from 1 July 1997, as per Regulation 1, and the changes in levy rates are detailed in Regulation 3, which adjusts the amounts prescribed in sub-regulations 4(3) and 4(4) for vessels over 20,000 tons.
Key Provisions
The main operative sections of these regulations concern the adjustment of the Marine Navigation Levy rates as prescribed by the Marine Navigation Levy Act 1989. Under Regulation 4(3) and 4(4), the levy rates for ships are amended so that vessels over 20,000 tons (Net Registered Tonnage) now pay reduced rates (Section 4). Specifically, the levy rate for ships over 20,000 tons is halved, with the new rate being 12.5 cents per ton for ships between 20,000 and 50,000 tons (Section 4(3)), and 5.5 cents per ton for ships over 50,000 tons (Section 4(4)). For ships under 20,000 tons, the levy rate remains unchanged.
The obligations imposed by these regulations on the parties or entities they govern are primarily related to the calculation and payment of the revised Marine Navigation Levy. Shipowners or operators must ensure they correctly apply the new levy rates as stipulated in the amended regulations. This includes accurately determining the tonnage of their vessels and calculating the levy based on the new rates. Additionally, they must ensure that the revised levy is paid to the relevant authorities within the specified timeframes. The regulations mandate that these changes take effect from 1 July 1997, as stated in Regulation 1.
In terms of consequences for non-compliance, the regulations do not explicitly detail criminal or civil penalties. However, failure to comply with the Marine Navigation Levy Act 1989 and the amended regulations could potentially result in legal action by the relevant authorities. This may include fines or other penalties as prescribed under the general provisions of the Act or other applicable maritime laws. While the specific maximum penalties are not stated within these regulations, they would typically be found in the overarching legislation that these regulations amend.