Navigation (Compass) Regulations (Amendment)

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) were issued under the Navigation Act 1912 in 1984. The problem these amendments addressed was the stagnation in fees payable to the Department of Transport since 1 October 1981, which did not account for the increase in costs over that period. The Government, committed to the policy of full cost recovery, implemented an approximate 30% across-the-board increase in fees to reflect the movement in costs since 1981. These amendments, authorised by subsection 425(1) of the Navigation Act 1912, were made by the Minister of State for Transport and took effect on 1 December 1984. The amendments cover a range of services, including the engagement and discharge of seamen, compass adjuster's licence examinations, deck cargo inspections, hazardous cargo inspections, and cargo gear inspections, with associated services such as after-hours attendance and travel expenses.

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) collectively pertain to various maritime activities, including the engagement and discharge of seamen, the examination and adjustment of compasses, the inspection of deck cargo and hazardous cargo, and the inspection of cargo gear on ships. These regulations apply to individuals and entities involved in maritime operations within Australian waters, encompassing masters, seamen, compass adjusters, ship owners, and other stakeholders within the maritime industry. The amendments reflect a policy of full cost recovery by the Department of Transport for services provided to the maritime sector, which had not been updated since 1 October 1981. The amendments involve a uniform increase of approximately 30% in fees to account for cost changes since that date. These regulations extend across the Commonwealth of Australia and will come into effect on 1 December 1984. The amendments do not specify any exclusions, exemptions, or thresholds beyond those already stipulated in the original regulations. The application and enforcement of these regulations may be further detailed through subordinate instruments issued under the authority of the Navigation Act 1912.

Key Provisions

The Navigation (Master and Seamen) Regulations (Amendment) (Attachment 1) introduce amendments to the existing regulations concerning the fees payable to the Department of Transport. These amendments include changes to the fees for the engagement and discharge of seamen, the issuance of certificates of service, and the provision of additional services such as after-hours attendance, travel time, waiting time, and the handling of postponed or cancelled services. Regulation 1 stipulates that the new fees will come into effect on 1 December 1984, while Regulation 2 specifies the new fee amounts. For instance, the fees for the engagement and discharge of seamen have been increased from $7 to $9, as detailed in Paragraph 9(a) of the Regulations. The Navigation (Compass) Regulations (Amendment) (Attachment 2) revise the fees related to the examination of applicants for a compass adjuster’s licence, the adjustment of compasses, and associated services such as after-hours attendance, travel expenses, waiting time, and the management of postponed or cancelled services. Regulation 1 again sets the commencement date of the new fees as 1 December 1984, and Regulation 2 outlines the updated fee structures. For example, the examination fee for a compass adjuster’s licence has increased from $90 to $117, as detailed in Regulation 12A. The Navigation (Deck Cargo) Regulations (Amendment) (Attachment 3) adjust the fees for the inspection of ships in relation to the loading of deck cargo. Regulation 1 establishes that the new fees will take effect on 1 December 1984, and Regulation 2 provides the new fee amounts. For instance, the inspection fee for deck cargo has increased from $120 to $156, as outlined in Paragraph 6(5)(a). The Navigation (Cargo-Hazards Prevention) Regulations (Amendment) (Attachment 4) increase the fees for the inspection of ships carrying specified hazardous substances and related services such as after-hours attendance, travel expenses, waiting time, and the management of postponed or cancelled services. Regulation 1 indicates that the new fees will commence on 1 December 1984, and Regulation 2 specifies the new fee amounts. For instance, the inspection fee for hazardous substances has increased from $60 to $78, as detailed in Sub-regulation 8(1). The Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) (Attachment 5) revise the fees for the inspection of cargo gear on ships, as well as related services such as after-hours attendance, waiting time, travel expenses, and the management of cancelled or interrupted inspections. Regulation 1 sets the commencement date for the new fees as 1 December 1984, and Regulation 2 provides the updated fee structures. For example, the inspection fee for cargo gear has increased from $120 to $156, as specified in Sub-regulation 77(1). These amendments impose obligations on maritime industry stakeholders to comply with the new fee structures for various services provided by the Department of Transport. Parties must ensure that they adhere to the updated fees as outlined in the respective regulations, which include fees for the engagement and discharge of seamen, compass adjuster’s licence examinations, deck cargo inspections, hazardous substance inspections, and cargo gear inspections. Failure to comply with these fee structures may result in disputes and potential enforcement actions. In the event of non-compliance with the new fee structures, there are no explicitly stated penalties in the explanatory statement. However, breaches of maritime regulations can lead to enforcement actions, fines, or other legal consequences under the broader Navigation Act 1912 or other relevant maritime legislation. The specific penalties would depend on the nature and severity of the breach, as well as any applicable provisions in related maritime laws.