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

Overview

The Statutory Rules 1927, No. 90, made under the Navigation Act 1912–1926, were enacted to amend the Navigation (Deck Cargo and Live Stock) Regulations. These regulations were introduced to address issues related to the inspection and handling of deck cargo and live stock on vessels, aiming to ensure safety and compliance with maritime standards. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and came into operation immediately upon their enactment. The policy objective of these amendments is to provide clearer guidelines for the inspection of deck cargo and live stock, including the conditions under which inspections can be conducted outside official hours and the associated charges for such services. This legislative instrument represents an effort to streamline and formalise the inspection process, ensuring that maritime safety and operational efficiency are maintained.

Scope and Application

The Regulations under the Navigation Act 1912–1926, specifically the amendment to the Navigation (Deck Cargo and Live Stock) Regulations, apply to all vessels involved in the transportation of deck cargo and live stock within the territorial waters of Australia. The Regulations mandate that inspections of deck cargo and live stock by surveyors be conducted during official hours, though they also allow for exceptions where an inspection is necessary before or after official hours, subject to approval by the Deputy Director. The regulations stipulate that when such out-of-hours inspections are required, the master or owner must apply using the prescribed form and be prepared to pay the applicable fees outlined in the Navigation (Survey and Equipment) Regulations. These Regulations are intended to ensure that all necessary inspections are carried out efficiently and effectively, while also providing a clear framework for any additional charges that may be incurred for inspections conducted outside of normal working hours.

Key Provisions

The key operative sections of the Regulations under the Navigation Act 1912-1926 involve amendments to the Navigation (Deck Cargo and Live Stock) Regulations. Specifically, Regulation 6 is amended by adding two new sub-regulations ((2a) and (2b)) that address the timing and costs associated with inspections of vessels by surveyors (Regulation 6(2a) and (2b)). Regulation 6(2a) stipulates that all inspections by surveyors should be conducted during official hours whenever feasible, but exceptions can be made if it is convenient for the vessel owner or if another reason deemed satisfactory by the Deputy Director is provided. In such cases, the master or owner must apply using Form S. & E.-8 of the Navigation (Survey and Equipment) Regulations. Regulation 6(2b) then details the charges applicable for surveyor services when inspections are required outside official hours, referencing the fees outlined in Schedule II of the Navigation (Survey and Equipment) Regulations. These Regulations impose specific obligations on vessel owners and masters. Primarily, they must ensure that all inspections of deck cargo and live stock are conducted during official hours unless an exception has been granted. When seeking an inspection outside official hours, they must complete and submit the required application form (Form S. & E.-8) and be prepared to pay the additional fees outlined in Schedule II of the Navigation (Survey and Equipment) Regulations. These obligations ensure that the inspections are conducted in a timely and efficient manner, while also providing a clear process for any exceptions to the standard inspection times. Failure to comply with these Regulations can result in various consequences. While specific offences and penalties are not detailed within the provided text, the general framework of the Navigation Act 1912-1926 would likely apply. Under this Act, non-compliance with navigation regulations can lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could encompass imprisonment, reflecting the seriousness with which the Australian government treats adherence to maritime safety and inspection regulations. The exact penalties would depend on the specific breach and the provisions of the broader Navigation Act.