Navigation (Deck Cargo and Live Stock) Regulations (Amendment)

Overview

The Navigation (Deck Cargo and Live Stock) Regulations (Amendment) Statutory Rule No. 95 of 1983, issued under the authority of the Minister of State for Transport, was enacted to address the redundancy of existing livestock provisions within the Navigation (Deck Cargo and Live Stock) Regulations. This amendment was necessitated by the imminent implementation of Part 43 (Cargo and Cargo Handling - Livestock) of the Marine Orders, which were established to replace and modernise the current livestock provisions. The overarching objective of this legislative adjustment is to ensure that the regulations remain consistent and effective in light of the new orders, thereby maintaining the safety and technical standards required for the transport of livestock at sea. The statutory rule was made under the authority of the Governor-General, as provided for by section 425(1) of the Navigation Act 1912, which empowers the Governor-General to make regulations necessary for the conduct of business under the Act.

Scope and Application

The Navigation (Deck Cargo and Live Stock) Regulations (Amendment) Statutory Rule No. 95 of 1983 applies to the removal of provisions relating to livestock from the Navigation (Deck Cargo and Live Stock) Regulations. The Regulations are made under the authority of the Minister of State for Transport, pursuant to section 425(1) of the Navigation Act 1912. The changes made by these Regulations will render obsolete the existing livestock provisions once the new Marine Orders, which are set to replace and update them, come into operation. This amendment ensures that the Navigation (Deck Cargo and Live Stock) Regulations are streamlined and no longer contain redundant information regarding livestock, aligning them with the updated safety and technical requirements found in the new Marine Orders. The Regulations apply across the Commonwealth of Australia and cover any person, entity, or industry involved in the transportation of livestock by sea, including shipping companies and livestock handlers. There are no stated exclusions, exemptions, or thresholds in these Regulations, but the application and enforcement of the new Marine Orders may extend or restrict the scope of the provisions through subordinate instruments.

Key Provisions

The Navigation (Deck Cargo and Live Stock) Regulations (Amendment) statutory rule, issued under the authority of the Minister of State for Transport, primarily serves to update and replace the existing livestock provisions of the Navigation (Deck Cargo and Live Stock) Regulations (section 1). This amendment is necessitated by the imminent introduction of Part 43 (Cargo and Cargo Handling - Livestock) of the Marine Orders, which will render the current livestock provisions obsolete (section 2). The regulation thus removes any references to "livestock" wherever they appear in the Navigation (Deck Cargo and Live Stock) Regulations (section 3). Under the amended regulations, entities and individuals involved in the transport of livestock via deck cargo are required to comply with the new provisions set forth in the Marine Orders. This includes adherence to safety and technical requirements for the handling and transport of livestock at sea, as prescribed in the Marine Orders (section 4). These requirements are designed to ensure the welfare of the animals and the safety of the crew, and they must be strictly followed to maintain compliance with the Navigation Act 1912. Failure to comply with the provisions of the amended regulations and the new Marine Orders could result in various penalties. The Navigation Act 1912 provides for both civil and criminal penalties for breaches. Civil penalties may include fines up to a specified amount, while criminal penalties can include fines of a higher amount or even imprisonment, depending on the severity of the offence (section 5). Additionally, any person found in breach of these regulations may be subject to legal action, which could further lead to additional fines or other sanctions. The amendments and the new Marine Orders impose specific obligations on ship operators, crew members, and other relevant parties. These include ensuring that livestock are handled and transported in accordance with the safety and technical requirements outlined in the Marine Orders. This involves proper documentation, adherence to loading and unloading procedures, and the provision of adequate facilities for the care of livestock during transit (section 6). Regular inspections and audits may also be conducted to ensure compliance with these provisions. In summary, the Navigation (Deck Cargo and Live Stock) Regulations (Amendment) statutory rule removes outdated livestock provisions and mandates compliance with updated regulations in the Marine Orders. The new provisions are intended to enhance safety and welfare standards for livestock transported by sea. Non-compliance can lead to civil and criminal penalties, including fines and imprisonment, and imposes specific obligations on all parties involved in the transportation process.