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

Overview

The Statutory Rules 1934, No. 119, amends the Navigation (Deck Cargo and Live Stock) Regulations under the Navigation Act 1912–1926. Enacted by the Governor-General in Council, this legislative instrument addresses the need to regulate the stowage of deck cargo on ships to ensure safety and stability during navigation, particularly in bad weather. This regulation replaces an existing rule to better manage the types and quantities of cargo that can be stowed on the weather deck of vessels, specifying limitations and conditions for their placement. The policy objective is to enhance maritime safety by preventing cargo from moving or displacing, which could compromise the vessel's stability and seaworthiness.

Scope and Application

The Navigation (Deck Cargo and Live Stock) Regulations, made under the Navigation Act 1912–1926, apply to the stowage of deck cargo on vessels within the Commonwealth of Australia. These regulations specifically govern the height and type of cargo that can be stowed on the weather deck of ships and on weather deck hatches, particularly focusing on vessels under 3,000 gross tons. The regulations mandate that deck cargo must not exceed the level of the top of the bulwarks or rail unless approved by a surveyor, and they detail permissible types of cargo and their maximum quantities. Notably, the regulations exclude vessels over 3,000 gross tons from their purview. They also stipulate that all deck cargo must be securely stowed and lashed to prevent movement or displacement in adverse weather conditions. The application of these regulations is enforced through subordinate instruments, which may further define or amend the specific requirements outlined within the statutory rules.

Key Provisions

The key provision of this legislation is the amendment to the Navigation (Deck Cargo and Live Stock) Regulations, specifically regulation 16 (subsection 1). According to this amendment, deck cargo on the weather deck of any ship must not be stowed higher than the level of the top of the bulwarks or rail, unless special approval is obtained from a surveyor (reg. 16(1)). Furthermore, vessels under 3,000 tons gross are restricted to specific types of deck cargo, such as agricultural machines, uncased motor cars, wheeled vehicles, boats, machinery, sawn timber, cased or crated fruit or vegetables, dangerous goods, cargo with an offensive odour, or cargo requiring special stowage, provided it does not damage hatch covers or tarpaulins (reg. 16(2)). These restrictions apply to cargo on weather deck hatches, where the total quantity must not exceed 50 pieces or packages, and the height must not exceed 4 feet above the top of the hatch (reg. 16(2)(b)). Additionally, the quantity of cargo carried on the deck must be closely stowed and securely lashed to prevent movement or displacement in bad weather (reg. 16(3)). The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, vessels under 3,000 tons gross must adhere to the specific types of deck cargo allowed on weather deck hatches, as outlined in regulation 16(2) of the amended Navigation (Deck Cargo and Live Stock) Regulations. Secondly, the quantity of cargo carried must be approved by a surveyor, and the height and number of packages or pieces must comply with the specified limits (reg. 16(2)(a) and (b)). Thirdly, all deck cargo must be closely stowed and securely lashed to prevent movement or displacement in bad weather (reg. 16(3)). Lastly, vessels must obtain special approval from a surveyor if they wish to exceed the height limit on the weather deck (reg. 16(1)). In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state any penalties. However, non-compliance with the amended Navigation (Deck Cargo and Live Stock) Regulations could potentially lead to safety hazards, damage to cargo, or vessel instability. This may result in legal consequences under other relevant maritime laws or regulations, such as the Navigation Act 1912–1926, which may include fines, imprisonment, or other civil or criminal penalties. The specific penalties would depend on the nature and severity of the breach, as well as any applicable jurisdictional laws.