Navigation (Cargo—Hazards Prevention) Regulations (Amendment)

Legislation au C2004L05558 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules Nos. 352 - 358 of 1984

Issued by the Authority of the Minister of State for Transport

Navigation (Master and Seamen) Regulations (Amendment)

Navigation (Compass) Regulations (Amendment) Navigation (Deck Cargo) Regulations (Amendment)

Navigation (Cargo-Hazards Prevention) Regulations (Amendment)-352

Navigation (Loading and Unloading - Safety Measures) 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 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 or for the conduct of any business under the Act.

The fees and charges payable to the Department of Transport under the Act for services provided to the maritime industry have not been increased since 1 October 1981.

The Government is committed to a policy of full cost recovery in relation to these activities. The amendments involve an across-the-board increase of approximately 30%. This increase is intended to cover the movement in costs since October 1981.

The amendments of the Navigation (Master and Seamen) Regulations, Navigation (Compass) Regulations, Navigation (Deck Cargo) Regulations, Navigation (Cargo-Hazards Prevention) Regulations and the Navigation (Loading and Unloading - Safety Measures) Regulations will commence on 1 December 1984.

Details of the amendments of the individual Regulations are given in the following Attachments:

Attachment 1 - Navigation (Master and Seamen) Regulations (Amendment)

Attachment 2 - Navigation (Compass) Regulations (Amendment)

Attachment 3 - Navigation (Deck Cargo) Regulations (Amendment)

Attachment 4 - Navigation (Cargo-Hazards Prevention) Regulations (Amendment)

Attachment 5 - Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment).

Authority:

Sub-section 425(1)

 

of the Navigation Act 1912

ATTACHMENT 1

NAVIGATION (MASTER AND SEAMEN) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Master and Seamen) Regulations to increase the fees payable to the Department of Transport in respect of the engagement and discharge of seamen and issue of certificates of service as a seaman. The fees also relate to the provision of additional services such as after hours attendance, travelling time and waiting time as well as postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

 

Provision

Omit

Substitute

Paragraph 9(a)

$   7

 $   9

Regulation 26

$ 24

 $ 31

Paragraph 27(2)(a)

   60

    78

 

 108

  140

 

 216

  280

Paragraph 27(2)(b)

   60

    78

 

 108

  140

 

 216

  280

Sub-regulation 27(4)

$156

$203

Sub-regulation 27(5)

$  15

$  20

Sub-regulation 27(6)

$  29

$  40

Regulation 28

$  15

$  20

Regulation 29

$  15

$  20

Regulation 30

$  15

$  20

Regulation 31

$  22

$  29


ATTACHMENT 2

NAVIGATION (COMPASS) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Compass) Regulations to increase the fees payable to the Department of Transport in respect of a sitting fee for the examination of applicants for a compass adjuster’s licence. The fees also relate to the adjustment of compasses and related services such as after hours attendance, travelling expenses and waiting time and postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

 

Provision

 

Omit

Substitute

Regulation

12A

$  90

$117

Sub-regulation

17(2)

  164

  213

 

 

  218

  283

 

 

  327

  425

 

 

  436

  567

 

 

  654

  850

Paragraph

17(3)(a)

$160

$208

Paragraph

17(3)(b)

$130

$169

Paragraph

17(3)(c)

$  70

$  91

Paragraph

17(4)(a)

$  80

$104

Paragraph

17(4)(b)

$  70

$  91

Paragraph

17(4)(c)

$  40

$  52

Sub-regulation

17(5)

$  60

$  78

 

 

$240

$312

Sub-regulation

17(6)

$  50

$  65

 


ATTACHMENT 3

NAVIGATION (DECK CARGO) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Deck Cargo) Regulations to increase the fees payable to the Department of Transport for the inspection of a ship in relation to the loading of deck cargo.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

 

Omit

Substitute

Paragraph

6(5)(a)

$120

$156

Paragraph

6(5)(b)

$  60

$  78

Paragraph

6(6)(a)

$160

$208

Paragraph

6(6)(b)

$  70

$  91

 

 

$130

$169

Sub-regulation

6(8)

$  60

$  78


ATTACHMENT 4

NAVIGATION (CARGO-HAZARDS PREVENTION) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Cargo-Hazards Prevention) Regulations to increase the fees payable to the Department of Transport for the inspection of a ship carrying specified hazardous substances. The fees also relate to the provision of related services, such as after hours attendance, travelling expenses and waiting time as well as postponed and cancelled services.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

 

Omit

Substitute

Sub-regulation

8(1)

$  60

$  78

Paragraph

8(2)(a)

$160

$208

Paragraph

8(2)(b)

$130

$169

Paragraph

8(2)(c)

$  70

$  91

Paragraph

8(3)(a)

$  80

$104

Paragraph

8(3)(b)

$  70

$  91

Paragraph

8(3)(c)

$  40

$  52

Sub-regulation

8(5)

$  60

$  78

 

 

$240

$312

 


ATTACHMENT 5

NAVIGATION (LOADING AND UNLOADING - SAFETY MEASURES) REGULATIONS (AMENDMENT)

The Regulations amend the Navigation (Loading and Unloading - Safety Measures) Regulations to increase the fees payable to the Department of Transport in respect of the inspection of the cargo gear of a ship. The fees also relate to the provision of related services such as after hours attendance, waiting time and travelling expenses as well as cancelled or interrupted inspections.

Regulation 1 provides for the new fees to come into force on 1 December 1984.

Regulation 2 specifies the new amounts.

Details of the increased amounts follow:

Provision

 

Omit

Substitute

Sub-regulation

77(1)

$120

$156

 

 

$  60

$  78

Paragraph

77(2)(a)

$160

$208

Paragraph

77(2)(b)

$130

$169

Paragraph

77(2)(c)

$  70

$  91

Paragraph

77(3)(a)

$  80

$104

Paragraph

77(3)(b)

$  70

$  91

Paragraph

77(3)(c)

$  40

$  52

Sub-regulation

77(5)

$  60

$  78

 

 

$240

$312

Overview

The Navigation (Master and Seamen) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), Navigation (Cargo-Hazards Prevention) Regulations (Amendment) and Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) Statutory Rules Nos. 352 - 358 of 1984 were enacted to address the need for updated fees and charges payable to the Department of Transport under the Navigation Act 1912. These amendments were introduced by the Commonwealth of Australia under the authority of Sub-section 425(1) of the Navigation Act 1912. The primary policy objective behind these amendments is to ensure full cost recovery for the services provided by the Department of Transport to the maritime industry, with an approximate 30% increase to cover the cost movement since October 1981. The amendments to each set of regulations are set to commence on 1 December 1984.

Scope and Application

The Navigation (Master and Seamen) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), Navigation (Cargo-Hazards Prevention) Regulations (Amendment) and Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) are subordinate instruments made under the authority of sub-section 425(1) of the Navigation Act 1912. These amendments apply to various maritime activities, including the engagement and discharge of seamen, examination and licensing of compass adjusters, inspection of ships for deck cargo loading, inspection of ships carrying hazardous substances, and inspection of cargo gear on ships. The amendments involve an across-the-board increase in fees payable to the Department of Transport, intended to reflect the rise in costs since October 1981. The new fees come into effect on 1 December 1984. These Regulations apply nationally and are relevant to maritime industry stakeholders, including ship owners, operators, and crew members. The amendments do not provide for any exclusions or exemptions, but the fees are structured to cover various services provided by the Department of Transport.

Key Provisions

The primary operative sections of these regulations pertain to amendments in fees for various maritime services provided by the Department of Transport under the Navigation Act 1912. Specifically, they address the Navigation (Master and Seamen) Regulations, Navigation (Compass) Regulations, Navigation (Deck Cargo) Regulations, Navigation (Cargo-Hazards Prevention) Regulations, and Navigation (Loading and Unloading - Safety Measures) Regulations. The amendments involve an increase of approximately 30% to the fees charged for services related to the engagement and discharge of seamen, compass adjuster’s licences, deck cargo inspections, hazardous cargo inspections, and cargo gear inspections, effective from 1 December 1984 (Sub-section 425(1)). Each regulation outlines the new fees in detail, reflecting adjustments to fees for services such as after-hours attendance, travelling time, waiting time, and cancelled or postponed services. The amendments impose obligations on maritime entities to pay the updated fees for the services mentioned. These obligations include, but are not limited to, paying increased fees for the engagement and discharge of seamen, compass adjuster’s licence examinations, deck cargo inspections, hazardous cargo inspections, and cargo gear inspections. Entities must ensure compliance with these new fee structures when availing of the specified services, as the regulations will come into effect on 1 December 1984. Failure to comply with the new fee structures could potentially lead to legal consequences, although the explanatory statement does not explicitly detail the penalties for non-compliance. Typically, under Australian legislation, non-compliance with such regulatory amendments could result in fines or other civil penalties. Given the context of maritime services, severe non-compliance might also lead to operational disruptions or safety hazards, indirectly affecting the broader maritime industry. The regulations, however, do not specify exact penalties in this explanatory statement.

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Area of Law
Maritime Law
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Definitions & Interpretation
Fees & Charges
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.