EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 269
Issued by the Authority of the Minister for Transport
Subject: Navigation Act 1912
Navigation (Cargo - Hazards Prevention) Regulations (Amendment)
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Deck Cargo) Regulations (Amendment)
Navigation (Pig Iron, Coal and Ballast) Regulations (Amendment)
Navigation (Tonnage Measurement) Regulations (Amendment)
Sub-section 425(1) of the Navigation Act 1912 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters providing for and in relation to the fixing of the fees to be paid in respect of any matters under the Act.
Fees payable under the Act for services provided to the maritime industry were last adjusted in October 1985.
In accordance with the Government’s policy of cost recovery in relation to those services and as directed by the Minister for Finance, the Department has recently completed a detailed review of fees for services provided under the Act.
The Minister for Finance has accepted the proposed fee adjustments for 1986/87 as an appropriate step in a 5 year program to reach full cost recovery for services. Details of the amending Regulations are given in the following attachments:
Attachment 1 - Navigation (Cargo-Hazards Prevention) Regulations
Attachment 2 - Navigation (Coasting Trade) Regulations
Attachment 3 - Navigation (Compass) Regulations
Attachment 4 - Navigation (Deck Cargo) Regulations
Attachment 5 - Navigation (Pig Iron, Coal and Ballast) Regulations
Attachment 6 - Navigation (Tonnage Measurement) Regulations.
ATTACHMENT 1
NAVIGATION (CARGO-HAZARDS PREVENTION) REGULATIONS
The Regulations amend the Navigation (Cargo-Hazards Prevention) Regulations as follows:
Regulation 1 provides that the Regulations come into operation on 1 October 1986.
Regulation 2 amends existing regulation 8 by:
(a) increasing the fee payable under sub-regulation (1) for an inspection by a surveyor of radioactive or hazardous substances on a ship from $86 to $112;
(b) replacing sub-regulation (2), which provided fixed fees for out of hours attendance by a surveyor, with a new sub-regulation (21 which provides that the hourly fee payable for such attendance is $35, being the appropriate average overtime rate derived from the Marine Surveyors’ Award, and sets a minimum fee of $105 for work not continuous with ordinary hours, also in accordance with the Award;
(c) replacing the scale of fees payable under sub-regulation (3) for the cancellation, by the owner, master or agent of a ship, of a requested out of hours inspection by a surveyor, with a single fee of $108; and
(d) reducing the fee. payable under sub-regulation (5) for causing a surveyor to wait to commence or continue a requested inspection of a ship from an hourly rate of $86 to an hourly rate of $70 and by omitting the words which limit the maximum fee payable for such caused waiting.
Overview
The Navigation (Cargo - Hazards Prevention) Regulations (Amendment) 1986 was enacted to update the fees associated with maritime services provided under the Navigation Act 1912. The Australian Government enacted these regulations to address the need for adjusting fees in line with the cost recovery policy, ensuring that maritime services are provided efficiently while covering operational costs. These amendments were made by the Minister for Finance following a detailed review of the existing fees, which had not been adjusted since October 1985. The policy objective is to achieve full cost recovery over a five-year period, ensuring that the maritime industry bears the costs of the services it receives. The amendments aim to better reflect the true cost of these services and maintain the effectiveness of maritime safety and regulatory oversight.
Scope and Application
The Navigation Act 1912 applies to all ships and vessels engaged in Australian waters, encompassing both coastal and international maritime activities. It applies to a broad range of maritime entities, including ship owners, operators, and masters, as well as to the conduct and transactions that involve maritime safety, navigation, and trade. The Act’s geographic scope extends to Commonwealth waters, including territorial seas and internal waters, as well as to ships registered in Australia wherever they may operate. The application of the Act is further detailed and extended through various subordinate regulations, such as the Navigation (Cargo-Hazards Prevention) Regulations, which establish specific requirements and fees for inspections and compliance related to hazardous cargo. These regulations, along with others like those pertaining to coasting trade, compass, deck cargo, pig iron, coal, ballast, and tonnage measurement, provide additional layers of detail and enforcement mechanisms. Notably, the Act does not explicitly state any exclusions or exemptions; however, the regulations do provide certain thresholds and conditions under which fees and compliance measures are applied.
Key Provisions
The key operative sections of the Navigation (Cargo-Hazards Prevention) Regulations, as amended, include the introduction of new fees for services provided under the Navigation Act 1912 (section 1). Regulation 2 provides significant adjustments to the fees payable for various services related to the inspection of radioactive or hazardous substances on ships, as well as fees for out-of-hours attendance by surveyors (section 2(a)). It also introduces an hourly rate for out-of-hours attendance by surveyors and sets a minimum fee for work not continuous with ordinary hours (section 2(b)). Furthermore, the regulation modifies the fees associated with the cancellation of requested inspections and the waiting caused for surveyors to commence or continue an inspection (sections 2(c) and 2(d)). These amendments are effective from 1 October 1986.
The obligations and requirements imposed by these Regulations are primarily financial. Ship owners, masters, agents, and surveyors must comply with the new fee structures set out in Regulation 2. Specifically, they are required to pay the increased fees for inspections of radioactive or hazardous substances on ships, the hourly rate for out-of-hours attendance, the single fee for cancelling requested inspections, and the reduced hourly rate for causing surveyors to wait. Failure to comply with these financial obligations may result in legal repercussions.
Under these Regulations, breaches of the fee structures set out in Regulation 2 are not explicitly stated as offences. However, non-compliance with the prescribed fees could potentially be considered non-compliance with the regulations, which might lead to enforcement actions by the relevant authorities. The specific penalties for such breaches are not detailed in the explanatory statement, but they could include fines or other administrative actions. The maximum penalties are not specified in the provided text, but they would typically be determined by the relevant maritime legislation or regulations.