Navigation (Construction) Regulations (Amendment)

Overview

The Navigation (Construction) Regulations (Amendment) Statutory Rule No. 250 of 1985, issued by the Authority of the Minister of State for Transport, amends the Navigation (Construction) Regulations to adjust fees payable to the Commonwealth for testing specimens of structural divisions. This amendment, part of a broader set of regulatory changes under the Navigation Act 1912, aims to update the fees to reflect cost movements since October 1981, with an approximate 10 per cent increase. The amendments are intended to ensure the government’s policy of cost recovery for services provided to the maritime industry. These changes are in line with the authority granted by Sub-section 425(1) of the Navigation Act 1912, which allows for regulations necessary to carry out the Act. The amendments commenced on 1 October 1985.

Scope and Application

The Navigation (Construction) Regulations (Amendment) Statutory Rule No. 250 of 1985, issued under the authority of the Minister of State for Transport, amends the Navigation (Construction) Regulations to update the fees payable to the Commonwealth for services related to the testing of specimens of structural divisions. These amendments are part of a broader set of regulatory changes aimed at updating various maritime-related fees under the Navigation Act 1912 to reflect cost movements since December 1984. Specifically, for the Navigation (Construction) Regulations, the amendments cover the movement in costs since October 1981, resulting in a 10 per cent increase in fees. The amendments apply to entities and individuals involved in maritime construction within the Commonwealth, ensuring that the fees align with the current economic environment while maintaining the integrity and safety standards required by the Navigation Act 1912. The changes come into effect on 1 October 1985, as per Regulation 1 of the amending rule, with the new fee amounts detailed in Regulation 2.

Key Provisions

The Navigation (Construction) Regulations (Amendment) (Attachment 4) make several key amendments to the Navigation (Construction) Regulations under the Navigation Act 1912. Primarily, Regulation 1 (paragraph 1) sets the effective date for the new fees at 1 October 1985. Regulation 2 (paragraph 2) specifies the new fee amounts for testing specimens of structural divisions, which have been increased to reflect the movement in costs since December 1984. These amendments are designed to ensure that the fees charged are consistent with the current economic environment and the government's policy of cost recovery for maritime services. The obligations imposed by these regulations primarily concern those involved in the construction and testing of maritime vessels. They must comply with the new fee structure as outlined in Regulation 2, ensuring that they are paying the correct amount for the testing of structural divisions. This includes shipbuilders, engineers, and other professionals who are required to test and certify structural components of vessels under the Navigation Act. The regulations are designed to ensure that these parties are aware of their financial obligations and are prepared to meet them as of the commencement date. In terms of enforcement and consequences, the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with these fee adjustments. However, the general principle under the Navigation Act 1912 is that failure to comply with regulations can lead to enforcement actions, including fines and other penalties as prescribed by the Act. In practice, non-compliance with these fee regulations could result in administrative penalties, legal proceedings, or other enforcement measures taken by the relevant authorities to ensure compliance. It is important for all parties affected by these amendments to adhere to the new fee structure to avoid any potential repercussions.