EXPLANATORY STATEMENT
STATUTORY RULES NO. 229 OF 1987
Issued by the Authority of the Minister for Land Transport and Infrastructure Support
Subject: Navigation Act 1912 -
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) Regulations (Amendment)
Navigation (Construction) Regulations (Amendment)
Navigation (Deck Cargo) Regulations (Amendment)
Navigation (Tonnage Measurement) Regulations (Amendment)
Subsection 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 this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act or for the conduct of any business under the Act, and in particular, prescribing matters providing for and in relation to the fixing of fees to be paid in respect of any matters under the Act.
The abovementioned Regulations are made pursuant to that subsection. Fees payable under the Act for services provided to the maritime industry were last adjusted in October 1986.
In accordance with the Government’s policy of cost recovery in relation to those services it is necessary to amend the abovementioned Regulations.
Details of the amending Regulations are given in the following Attachments:
Attachment 1 - Navigation (Coasting Trade) Regulations
Attachment 2 - Navigation (Compass) Regulations
Attachment 3 - Navigation (Construction) Regulations
Attachment 4 - Navigation (Deck Cargo) Regulations
Attachment 5 - Navigation (Tonnage Measurement) Regulations
ATTACHMENT 1
NAVIGATION (COASTING TRADE) REGULATIONS
The Regulations amend the Navigation (Coasting Trade) Regulations as follows:
Regulation 1 provides that the Regulations come into operation on 19 October 1987.
Regulation 2 amends the existing regulations by:
(a) increasing the fee payable under paragraph 25(5)(a) for an application for a single voyage permit for the carriage of passengers from $12 to $15;
(b) increasing the fee payable under subparagraph 25(5)(b)(i) for an application for a single voyage permit for the carriage of cargo from $135 to $170;
(c) increasing the fee payable under subparagraph 25(5)(b)(ii) for priority to be given to an application for a single voyage permit for the carriage of cargo from $270 to $340;
(d) increasing the fee payable under paragraph 25(5)(c) for an application for a continuing permit to operate in the coasting trade from $750 to $800;
(e) increasing the fee payable under subregulation 26(2) for the issue of a certificate entitling a ship to exemption from an Order made by the Governor-General under section 422A of the Act from $12 to $15; and
(f) increasing the fee payable under regulation 30 for an application for a licence to engage in the coasting trade from $12 to $15.
Overview
The Navigation Act 1912, enacted by the Australian Parliament, serves to regulate maritime activities within Australia, including the coasting trade, compass regulations, construction standards, deck cargo, and tonnage measurement. The Act was introduced to address the need for comprehensive maritime legislation to ensure safety, efficiency, and compliance in Australia's maritime industry. Pursuant to this Act, the Governor-General is empowered to make regulations necessary for the implementation and enforcement of the Act, including the fixing of fees for services provided to the maritime industry. In line with the Government’s policy of cost recovery for these services, the Navigation (Coasting Trade) Regulations, Navigation (Compass) Regulations, Navigation (Construction) Regulations, Navigation (Deck Cargo) Regulations, and Navigation (Tonnage Measurement) Regulations have been amended to adjust the fees payable under the Act. These amendments, effective from 19 October 1987, include increases in fees for various maritime services, such as applications for permits and licenses, reflecting the need to recover costs associated with providing these services.
Scope and Application
The Navigation Act 1912 applies to the maritime industry within Australia, governing various aspects of navigation, coasting trade, and the construction of vessels, among others. This Act is enforced across the Commonwealth, with regulations extending to cover all states and territories of Australia. The regulations outlined in the Navigation (Coasting Trade) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Construction) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), and Navigation (Tonnage Measurement) Regulations (Amendment) pertain to entities engaged in the coasting trade, ship construction, and other maritime activities. The regulations include amendments to fee structures for applications and permits related to these activities. The stated exclusions or exemptions are not explicitly detailed within the provided text, but generally, the regulations apply broadly to maritime operations unless specifically excluded by the Act or its subordinate instruments. These amendments were made pursuant to the authority granted under subsection 425(1) of the Navigation Act 1912, ensuring that the regulations remain consistent with the overarching legislative framework.
Key Provisions
The main operative sections of these Regulations pertain to various amendments regarding fees for services provided in the maritime industry. For instance, Regulation 2 of the Navigation (Coasting Trade) Regulations (Attachment 1) details the adjustments to fees for applications and permits related to the coasting trade. Specifically, it raises the fee for a single voyage permit for passenger carriage from $12 to $15 and for cargo carriage from $135 to $170. It also increases the fee for priority applications for cargo carriage from $270 to $340 and for continuing permits from $750 to $800. Additionally, it raises the fee for certificates exempting ships from certain orders and for licences to engage in the coasting trade from $12 to $15.
These Regulations impose several obligations and requirements on parties involved in the coasting trade. Firstly, any person or entity applying for a single voyage permit or a continuing permit must now pay the updated fees as specified in Regulation 2. This includes applications for permits related to the carriage of passengers or cargo, as well as priority applications and certificates for exemption from certain orders. Secondly, the Regulations necessitate that all applications for licences to engage in the coasting trade adhere to the new fee structure.
The Regulations do not explicitly outline offences or penalties for non-compliance within the text provided. However, it can be inferred that failure to pay the amended fees when submitting applications or licences could result in non-acceptance of the application or invalidation of the permit. The Navigation Act 1912 likely contains provisions for penalties or enforcement mechanisms in such cases, though these are not detailed in the explanatory statement. In general, non-compliance with regulations pertaining to maritime services could lead to administrative or legal consequences, including fines or other civil or criminal penalties as prescribed by the Act.