Navigation (Cargo—Hazards Prevention) Regulations (Amendment)

Overview

The Navigation (Amendment) Regulations 1985, issued under the authority of the Minister of State for Transport, were enacted to amend several regulations associated with the Navigation Act 1912. The purpose of these amendments was to adjust the fees and charges payable for maritime services provided to the industry, reflecting the cost increases since the last adjustment in December 1984. The amendments generally involve a 10 per cent increase across the board, except for three specific regulations which were updated to account for costs since October 1981. This regulatory change aligns with the government's policy of cost recovery for services rendered within the maritime sector. The amendments took effect on 1 October 1985, as outlined in the attached schedules detailing the specific changes to each set of regulations.

Scope and Application

The Navigation (Cargo-Hazards Prevention) Regulations (Amendment), among other amendments to various regulations under the Navigation Act 1912, primarily targets entities involved in the maritime industry, specifically those engaged in the transportation of hazardous substances. These amendments apply across Australia and are aimed at updating the fees associated with the inspection of ships carrying hazardous materials, and other related services, in line with the cost recovery policy. The amendments, which are consistent with the provisions of the Act, involve an approximate 10 per cent increase in fees to account for the rise in costs since December 1984. The amendments are effective from 1 October 1985, and details of the fee adjustments are outlined in the attached schedules. Notably, the amendments to the Navigation (Coasting Trade) Regulations, the Navigation (Construction) Regulations, and the Navigation (Pig Iron, Coal and Ballast) Regulations reflect a 10 per cent increase annually to cover costs since October 1981. These amendments are authorised under Sub-section 425(1) of the Navigation Act 1912, which empowers the Governor-General to make regulations necessary or convenient for carrying out the Act.

Key Provisions

The main operative sections of the Statutory Rule No. 249 of 1985, issued under the Navigation Act 1912, pertain to amendments to various regulations, including the Navigation (Cargo-Hazards Prevention) Regulations (Attachment 1), the Navigation (Coasting Trade) Regulations (Attachment 2), the Navigation (Compass) Regulations (Attachment 3), the Navigation (Construction) Regulations (Attachment 4), the Navigation (Deck Cargo) Regulations (Attachment 5), the Navigation (Loading and Unloading-Safety Measures) Regulations (Attachment 6), the Navigation (Load Lines) Regulations (Attachment 7), the Navigation (Master and Seamen) Regulations (Attachment 8), the Navigation (Pig Iron, Coal and Ballast) Regulations (Attachment 9), and the Navigation (Tonnage Measurement) Regulations (Attachment 10). These amendments primarily involve an increase in fees and charges payable for services provided to the maritime industry, with the aim of reflecting cost movements since the last adjustment in December 1984. The amendments are designed to ensure cost recovery in line with the government's policy. For specific regulations, the increases reflect cost movements since October 1981, amounting to an approximate 10 per cent increase annually. These amendments are set to take effect on 1 October 1985. The amendments impose specific obligations and requirements on the parties governed by these regulations. For instance, ship owners and operators must now pay increased fees for inspections related to hazardous cargo, after-hours attendance, and other services as detailed in the respective regulations. These amendments necessitate compliance with the updated fee schedules, ensuring that the maritime industry contributes to the costs associated with regulatory oversight and service provision. Furthermore, the amendments require adherence to the new fee structures for services such as compass inspections, construction permits, deck cargo management, and loading and unloading safety measures. These obligations are clearly outlined in the respective attachments to the Statutory Rule. Breach of the amended regulations may result in various consequences, including civil and criminal penalties. The precise penalties are not detailed in the explanatory statement, but typically, under the Navigation Act 1912, non-compliance with maritime regulations can lead to fines, imprisonment, or both, depending on the severity of the breach. For example, failing to pay the prescribed fees or ignoring the stipulated safety measures could result in legal action against the offending party. The exact penalties would be determined based on the specific regulations breached and the circumstances of the non-compliance. It is essential for maritime entities to be fully aware of and adhere to these updated fees and requirements to avoid potential legal repercussions.