EXPLANATORY STATEMENT
Statutory Rules 1988 No. 239
Issued by the Authority of the Minister for Land Transport and Shipping Support
Subject - Navigation Act 1912
Navigation (Coasting Trade) Regulations (Amendment)
Navigation (Compass) 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 the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for the carrying out or giving effect to the 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 under the Act were last adjusted in October 1987. In accordance with the Government’s policy of cost recovery in relation to those services it is necessary to amend the abovementioned Regulations to meet cost increases since the last adjustment.
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 (Tonnage Measurement) Regulations
Attachment 1
Navigation (Coasting Trade) Regulations (Amendment)
The amending Regulations amend the Navigation (Coasting Trade) Regulations as follows:
Regulation 1 provides that the Regulations shall come into operation on 1 October 1988.
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 $15 to $16;
(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 $170 to $255;
(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 $340 to $510;
(d) increasing the fee payable under paragraph 25(5)(c) for an application for a continuing permit to operate in the coasting trade from $800 to $860;
(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 $15 to $16; and
(f) increasing the fee payable under regulation 30 for an application for a licence to engage in the coasting trade from $15 to $16.
Overview
The Navigation (Coasting Trade) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), and Navigation (Tonnage Measurement) Regulations (Amendment) were enacted in 1988 to adjust fees payable under the Navigation Act 1912, which governs various aspects of maritime navigation in Australia. These amendments were necessitated by the need to address cost increases since the last adjustment of fees in October 1987, in line with the Government's policy of cost recovery for services provided under the Act. The enactment of these amendments by the Minister for Land Transport and Shipping Support through Statutory Rules 1988 No. 239 aimed to ensure that fees for services such as applications for permits, certificates, and licenses reflect current costs, thereby maintaining the financial sustainability of maritime regulatory services.
Scope and Application
The Navigation Act 1912 applies to a range of maritime activities and entities within Australia, encompassing vessels engaged in coasting trade, ships requiring navigational instruments such as compasses, and those needing tonnage measurements for regulatory compliance. This Act extends to the Commonwealth and covers all maritime activities occurring within Australian waters, ensuring that the navigation and safety standards are uniformly applied across the country. The application of the Act is broad, covering both individuals and entities involved in maritime commerce and transport, including ship owners, operators, and masters of vessels. The Act provides for the creation of regulations that specify fees and other administrative details necessary for the enforcement of maritime safety and trade standards. These regulations include the Navigation (Coasting Trade) Regulations, Navigation (Compass) Regulations, and Navigation (Tonnage Measurement) Regulations, which are subject to amendment to reflect cost increases and other relevant factors. The stated purpose of these amendments is to ensure that fees for services such as permit applications and the issuance of navigational certificates remain reflective of current costs, thus supporting the policy of cost recovery for services provided under the Act.
Key Provisions
The main operative sections of the Navigation (Coasting Trade) Regulations (Amendment) (Attachment 1) pertain to fee adjustments for various applications and permits related to the coasting trade. Regulation 2 details these fee increases. Specifically, Regulation 2(a) raises the fee for an application for a single voyage permit for the carriage of passengers from $15 to $16. Regulation 2(b) increases the fee for an application for a single voyage permit for the carriage of cargo from $170 to $255. Regulation 2(c) raises the fee for priority to be given to an application for a single voyage permit for the carriage of cargo from $340 to $510. Regulation 2(d) increases the fee for an application for a continuing permit to operate in the coasting trade from $800 to $860. Regulation 2(e) raises the fee 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 $15 to $16. Finally, Regulation 2(f) increases the fee for an application for a licence to engage in the coasting trade from $15 to $16.
The amended Regulations impose obligations on parties and entities engaged in the coasting trade. They must now pay the updated fees as stipulated in the Regulations for services such as single voyage permits for passengers and cargo, continuing permits, certificates for exemptions, and licences to engage in the coasting trade. This ensures that the relevant authorities are compensated appropriately for their services, reflecting the current costs associated with these activities.
Failure to comply with the fee structures outlined in the amended Regulations may result in civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, breaches of the Act or Regulations could lead to penalties as prescribed by the Navigation Act 1912. These penalties could include fines or other legal actions, depending on the nature and severity of the breach. The Act and Regulations are designed to enforce compliance and maintain the integrity of the coasting trade.