Navigation (Coasting Trade) Regulations (Amendment)

Overview

The Navigation (Coasting Trade) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), and Navigation (Tonnage Measurement) Regulations (Amendment) were introduced in 1989 to adjust fees for services provided under the Navigation Act 1912, in line with the government's policy of cost recovery. These amendments were enacted by the Authority of the Minister for Land Transport and Shipping Support, following the provisions of subsection 425(1) of the Navigation Act, which allows for the creation of regulations necessary or convenient for the carrying out or giving effect to the Act. The overarching objective of these amendments was to address the need for updated fee structures that reflect the increased costs associated with providing services under the Act since the last adjustment in October 1988. The amendments specifically target the Navigation (Coasting Trade) Regulations by increasing fees for processing applications related to coasting trade permits and licences. Notably, the fee for a continuing permit to operate in the coasting trade, which had not been issued for approximately 20 years, was increased from $860 to $2,000, marking the first cost recovery assessment for this service. This increase was significantly higher than those for other services due to the long period without assessment and the associated accumulated cost increases.

Scope and Application

The Navigation (Coasting Trade) Regulations (Amendment) 1989, along with the Navigation (Compass) Regulations (Amendment) 1989 and the Navigation (Tonnage Measurement) Regulations (Amendment) 1989, applies to any entity or individual involved in coasting trade, compass certification, and tonnage measurement services within Australia. The amendments are applicable across the Commonwealth and are intended to align fees with the rising costs of providing these services. The Regulations are extensions of the Navigation Act 1912, which governs maritime activities within Australian waters. The amendments specifically adjust fees for applications related to coasting trade permits and licences, as well as fees for compass certification and tonnage measurement. The increases are necessary to ensure the Australian Government's policy of cost recovery for these services. The amendments do not alter the fundamental requirements or permissions stipulated in the original Regulations but adjust the financial obligations to reflect current costs. The changes reflect a comprehensive update to service fees, ensuring they adequately cover the operational expenses associated with administering these maritime services.

Key Provisions

The main operative sections of the amended Navigation (Coasting Trade) Regulations (Attachment 1) introduce changes to the fees associated with coasting trade permits and licences under the Navigation Act 1912 (section 425(1)). Regulation 1 specifies that these amendments will come into effect on 1 January 1989. Regulation 2 details the fee adjustments, increasing the fees for most applications by up to 25 per cent, with a notable increase for the continuing permit to operate in the coasting trade from $860 to $2,000. This amendment aims to align the fees more closely with the costs of providing these services, reflecting the government's policy of cost recovery. The obligations and requirements imposed by these Regulations are primarily financial. Coasting trade permit and licence applicants must now pay the revised fees as stipulated in Regulation 2. This adjustment reflects the costs incurred by the government in processing applications, maintaining permits, and ensuring compliance with the Act. The Regulations do not impose additional administrative burdens but require applicants to be aware of and pay the new fees when submitting their applications. In terms of penalties and consequences for non-compliance, the Regulations themselves do not explicitly state penalties for failing to pay the amended fees. However, under the Navigation Act 1912, failure to comply with payment requirements could result in legal consequences. The Act may include provisions for fines or other enforcement actions for non-payment of fees, although specific details on penalties are not provided in the amending Regulations. It is expected that applicants would need to pay the specified fees to be compliant with the Act. The Navigation (Compass) Regulations and Navigation (Tonnage Measurement) Regulations (Attachments 2 and 3) similarly amend the fees associated with compass certification and tonnage measurement services, respectively. These amendments aim to ensure that the fees charged reflect the current costs of providing these services. While the specific details of these amendments are outlined in Attachments 2 and 3, the overarching principle remains consistent with that of the Navigation (Coasting Trade) Regulations: aligning fees with cost recovery to support the ongoing administration of maritime services under the Navigation Act 1912.