Navigation (Dangerous Goods) Regulations 1955 (Amendment)

Overview

The Statutory Rules of 1959, No. 46, were enacted under the Navigation Act 1912-1956, addressing the need for stringent regulations regarding the inspection and handling of dangerous goods on ships. This legislative instrument was created by the Governor-General in accordance with the Federal Executive Council, with the intent to enhance maritime safety and compliance with international standards. The policy objective behind these regulations is to ensure that dangerous goods are packed, stowed, and carried on ships in a manner that minimises risk to life, property, and the environment. By amending the Navigation (Dangerous Goods) Regulations, this legislation introduces fees for inspections and delineates the circumstances under which additional charges may apply, such as inspections conducted outside normal office hours or beyond the inspector's usual jurisdiction.

Scope and Application

This Statutory Rule, made under the Navigation Act 1912-1956, amends the Navigation (Dangerous Goods) Regulations to introduce new provisions concerning the inspection of ships involved in the packing, stowing, or carriage of dangerous goods. The amended regulation applies to ships where notice of the intention to ship dangerous goods has been given and where the approval of the Director or a surveyor is required for the handling of these goods. It mandates that an authorized person or surveyor inspect the ship and may conduct multiple visits as necessary or upon request by the ship's owner, agent, or master. Additionally, the regulation imposes fees for inspections, with certain circumstances leading to increased fees such as inspections conducted outside regular office hours or in remote locations. If fees are not paid, the Commonwealth has the authority to recover them from the ship's owner, charterer, agent, or master. This legislation thus regulates the inspection process and associated costs for dangerous goods on ships, ensuring compliance with safety standards and providing a clear framework for fee collection.

Key Provisions

The main operative sections of this regulation, Regulation 5 of the Navigation (Dangerous Goods) Regulations, pertain to the inspection of ships carrying dangerous goods. Section (3) mandates that where a notice of intention to ship dangerous goods is given for a ship, and a determination requires the approval of the Director or a surveyor regarding the packing, stowing, or carriage of those goods, an authorized person or surveyor must inspect the ship and may visit it as often as necessary or as requested by the ship's owner, agent, or master. Section (4) stipulates a fee of four pounds four shillings for each visit by an authorized person or surveyor for such an inspection, while section (5) exempts this fee if only one visit is required. Furthermore, section (6) allows for an increased fee if the inspection occurs when the Deputy Director’s office is not open for public business, with different rates depending on the specific circumstances. Section (7) clarifies that the increased fee applies to each authorized person or surveyor engaged during such a period. Section (8) provides for an additional fee of two pounds for each hour, or part of an hour, of waiting time exceeding half an hour due to reasons beyond the control of the authorized person or surveyor. Section (9) stipulates an additional fee equal to the travelling and subsistence expenses if the authorized person or surveyor must travel outside the port limits for the inspection. Lastly, section (10) allows the Commonwealth to recover unpaid fees as a debt from the ship's owner, charterer, agent, or master. The obligations imposed by this regulation include the requirement for an authorized person or surveyor to inspect ships carrying dangerous goods upon notice and determination by the Director or a surveyor. The ship's owner, agent, or master must facilitate these inspections and ensure timely notice is provided. Furthermore, these parties are obligated to pay the specified fees for inspections, which can vary based on circumstances such as office hours, waiting time, and travel distance. If the fees are not paid, the Commonwealth is authorized to recover the debt from the relevant parties associated with the ship. This regulation also outlines specific penalties and consequences for breaches. While the regulation does not explicitly state criminal or civil penalties for non-compliance, it clearly states that the Commonwealth can recover unpaid inspection fees as a debt. This means that failure to pay the required fees can result in legal action by the Commonwealth to collect the debt from the responsible parties, including the ship's owner, charterer, agent, or master. The regulation emphasizes the importance of compliance to avoid such financial liabilities.