Navigation (Coasting Trade) Regulations (Amendment)

Overview

The Navigation (Coasting Trade) Regulations (Amendment) 1997 No. 420 were enacted to amend the Navigation (Coasting Trade) Regulations under the Navigation Act 1912. The primary aim of these amendments was to reduce the fees associated with permits for unlicensed vessels engaged in the coasting trade, provide flexibility in the timing of fee payments, and update the regulations to reflect changes in government administrative arrangements. This amendment was issued by the Minister for Workplace Relations and Small Business under the authority of the relevant Minister, addressing the need for streamlined administrative processes and updated regulatory alignment with current government structures. The policy objective behind these changes was to enhance efficiency and flexibility in the administration of coasting trade permits, thereby facilitating smoother operations for vessels engaged in interstate voyages.

Scope and Application

The Navigation (Coasting Trade) Regulations (Amendment) 1997 No. 420 amends the Navigation (Coasting Trade) Regulations to apply to vessels engaged in interstate voyages, known as the coasting trade. These amendments are made under the authority of the Navigation Act 1912, which governs the operations of vessels in this trade. The primary focus of these amendments is to adjust the fees for permits for unlicensed vessels and to provide flexibility in the timing of fee payments. Additionally, the amendments reflect the administrative changes by replacing references to the Department of Transport with the Department of Workplace Relations and Small Business. The amendments apply to any person or entity seeking to engage in the coasting trade by applying for permits for unlicensed vessels to carry cargo in this trade, and they are applicable across Australia, as the Navigation Act 1912 is a Commonwealth Act. The amendments do not explicitly state any exclusions or exemptions, but the criteria for issuing permits as outlined in the Act and the Regulations would still apply. The application of these Regulations can be further extended or restricted through subordinate instruments issued under the authority of the relevant Minister.

Key Provisions

The main operative sections of the Navigation (Coasting Trade) Regulations (Amendment) 1997 No. 420 concern the adjustment of fees for permits for unlicensed vessels engaged in the coasting trade, as well as modifications to the administrative arrangements governing these permits. Section 288 of the Navigation Act 1912 mandates that ships must be licensed to participate in the coasting trade, which involves interstate voyages. However, under Section 286 of the same Act, unlicensed ships may be granted either a single voyage permit or a continuing voyage permit if no licensed ship is available or if the licensed ships' services are insufficient, subject to the Minister's approval based on public interest considerations. The amendments to Regulation 25 reduce the application fees for these permits, with the fee for a normal cargo permit valid for a single voyage decreasing from $403 to $200, an urgent cargo permit from $806 to $400, and a continuing permit from $2,000 to $400. These changes aim to streamline the application process and make it more accessible. The obligations imposed by these amendments include ensuring that the new fee structures and payment flexibility are adhered to by applicants. The amendments provide flexibility in the timing of fee payment, allowing applicants to pay before, at the same time as, or after submitting their application. This flexibility is intended to simplify the administrative process. Additionally, the amendments necessitate that all references to the Department of Transport be updated to the Department of Workplace Relations and Small Business. This includes changes to definitions of terms such as "authorised officer" and "Secretary" in Regulation 4, as well as updating the address for permit application submissions in Regulation 25(2)(c)(ii). These changes ensure that the administration of the coasting trade regulations aligns with the current administrative arrangements. Any breach of the amended regulations may lead to civil or administrative penalties, although specific penalties are not detailed in the explanatory statement. Generally, failure to comply with regulatory requirements could result in the denial of a permit, fines, or other administrative actions. The amendments do not specify particular penalties but imply that the Department of Workplace Relations and Small Business will have the authority to enforce compliance and recover unpaid fees if necessary. It is important for parties involved in the coasting trade to ensure they meet the new requirements to avoid any potential consequences.