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

Overview

The Navigation (Deck Cargo and Live Stock) Regulations 2 (Amendment) 1981, enacted by the Governor-General of the Commonwealth of Australia with the advice of the Federal Executive Council under the Navigation Act 1912, addresses the need to enhance safety and regulatory compliance concerning the carriage of deck cargo and live stock on ships. These amendments aim to streamline the regulatory processes by introducing new definitions, such as a "live stock capacity plan", and adjusting inspection fees to better align with the costs incurred by surveyors. The policy objective of these amendments is to ensure that ships carrying deck cargo and live stock comply with stringent safety and operational standards, thereby reducing the risk of accidents and ensuring the welfare of live stock during transport. The Regulations also provide for a more structured fee system for surveyors involved in the inspection and approval processes.

Scope and Application

The Navigation (Deck Cargo and Live Stock) Regulations 2, as amended, apply to all vessels engaged in maritime transport within the territorial waters of Australia, encompassing any person or entity involved in the carriage of deck cargo or live stock on these vessels. These regulations, made under the Navigation Act 1912, set out specific requirements and standards for the loading, storage, and carriage of deck cargo and live stock, ensuring safety and compliance with maritime laws. The regulations impose fees for inspections and the approval of live stock capacity plans, reflecting the need for thorough oversight in these areas. The scope of the regulations extends to all vessels covered by the Navigation Act 1912, with amendments providing clarity on the fees for surveyor inspections and the examination of live stock capacity plans. Notably, these regulations do not explicitly state any exclusions or thresholds, but the application of fees suggests a targeted approach towards ensuring compliance within the maritime industry.

Key Provisions

The Statutory Rules 1981 No. 287, made under the Navigation Act 1912, introduce specific amendments to the Navigation (Deck Cargo and Live Stock) Regulations, which came into effect on 1 October 1981. These amendments primarily focus on altering the fees associated with inspections of live stock and deck cargo on ships, as well as introducing a new requirement for approval of live stock capacity plans. Regulation 3 is amended to include the definition of "live stock capacity plan," which refers to a plan for the loading, storage, and carriage of live stock on a ship. This new definition is crucial for ensuring that ships adhere to specific protocols when transporting live animals. The Regulations impose several obligations on parties involved in the transportation of deck cargo and live stock. Most notably, Regulation 6 now requires a fee of $120 for the first inspection by a surveyor and $60 for each subsequent visit. Furthermore, Regulation 6a introduces a new requirement for a fee of $600 for the examination and approval of a live stock capacity plan by a surveyor appointed under the Navigation Act 1912. These fees are intended to cover the costs associated with the regulatory oversight and inspection processes. Failure to comply with the provisions of these Regulations may result in various penalties and consequences. Although specific offences and penalties are not detailed in the excerpt, it is implied that non-compliance with the fee payment or inspection requirements could lead to legal repercussions. Typically, breaches of maritime regulations in Australia can result in both civil and criminal penalties, which may include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breach and the discretion of the courts.