Statutory Rules
1980 No. 79
REGULATIONS UNDER THE NAVIGATION ACT 1912*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this eleventh day of April 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
RALPH J. HUNT
Minister of State for Transport
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AMENDMENTS OF THE NAVIGATION (DECK CARGO AND LIVE STOCK) REGULATIONS†
Notice of intention to load live stock or deck cargo
1. Regulation 6 of the Navigation (Deck Cargo and Live Stock) Regulations is amended—
(a) by omitting “ or ” at the end of paragraph (b) of sub-regulation (1); and
(b) by omitting paragraph (c) of sub-regulation (1) and substituting the following paragraphs:
“ (c) on a vessel not exceeding 200 tons gross tonnage, deck cargo of a mass in the proportion of 1 tonne for every 10 tons or part thereof of the vessel’s gross tonnage; or
(d) on a vessel exceeding 200 tons gross tonnage, deck cargo of a mass of 20 tonnes,”.
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* Notified in the Commonwealth of Australia Gazette on 1980.
† Statutory Rules 1926 No. 89 as amended by Statutory Rules 1926 No. 155; 1927 No. 90; 1930 No. 127; 1934 No. 119; 1948 No. 20; 1959 No. 47; 1963 No. 97; 1976 No. 276; 1977 No. 264; 1978 No. 129; and 1979 No. 192.
11655/79 Cat. No. —Recommended retail price 20c 15/1.2.1980
Carriage of cargo on deck and on the hatches of small vessels
2. Regulation 16 of the Navigation (Deck Cargo and Live Stock) Regulations is amended by omitting from paragraph (c) of sub-regulation (2) “ sub-paragraph ” (wherever occurring) and substituting “ paragraph ”.
Separate stalls for horses, &c.
3. Regulation 30 of the Navigation (Deck Cargo and Live Stock) Regulations is amended by inserting “ nautical ” after “ 600 ”.
Schedule of amendments
4. The Navigation (Deck Cargo and Live Stock) Regulations are amended as set out in the Schedule.
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SCHEDULE Regulation 4
AMENDMENTS OF THE NAVIGATION (DECK CARGO AND LIVE STOCK) REGULATIONS
Provision amended | Amendment |
Paragraph 5 (1) (a)..................... | (a) Omit “ 36 square feet ”, substitute “ 3.35 square metres ”. |
| (b) Omit “ 24 square feet ”, substitute “ 2.25 square metres ”. |
Paragraph 5 (1) (b)..................... | Omit “ 9 square feet ”, substitute “ 0.85 square metre ”. |
Sub-regulation 8 (2).................... | Omit “ Fifty pounds ”, substitute “ $100 ”. |
Regulation 14.......................... | Omit “ 2 feet ”, substitute “ 600 millimetres ”. |
Paragraph 14 (b)....................... | (a) Omit “ 3ft. 6in.”, substitute “ 1 metre ”. |
| (b) Omit “ 5 feet ”, substitute “ 1.5 metres ”. |
Paragraph 16 (2) (b).................... | Omit “ 4 feet ”, substitute “ 1.25 metres ”. |
Regulation 19........................ | Omit “ Fifty pounds ”, substitute “ $100 ”. |
Regulation 21........................ | Omit “ 7 feet ”, substitute “ 2.15 metres ”. |
Paragraph 26 (h)....................... | Omit “ 60 feet ”, substitute “ 18.5 metres ”. |
Regulation 30........................ | Omit “7 ft. 6in. by 2ft. 4in.”, substitute “ 2.3 metres by 700 millimetres ”. |
Sub-regulation 31 (2).................... | (a) Omit “ 7ft. 6in.” substitute “ 2.3 metres ”. |
| (b) Omit “ 20 square feet ”, substitute “ 1.85 square metres ”. |
| (c) Omit “ 15 square feet ”, substitute “ 1.4 square metres ”. |
| (d) Omit “ 10 square feet ”, substitute “ 0.95 square metre ”. |
Sub-regulation 34 (2).................... | Omit “ 3ft. 6in.”, substitute “ 1.1 metres”. |
Sub-regulation 35a (1)................... | Omit “ Ten pounds ”, substitute “ $20 ”. |
Sub-regulation 35a (2)................... | Omit “ Ten pounds ”, substitute “ $20 ”. |
Printed by Authority by the Commonwealth Government Printer
Overview
The Navigation (Deck Cargo and Live Stock) Regulations 1980, enacted under the authority of the Governor-General of the Commonwealth of Australia, serve to amend the existing regulations pertaining to the carriage of deck cargo and live stock on vessels, in accordance with the Navigation Act 1912. This legislative instrument was introduced to ensure that the transportation of deck cargo and live stock adheres to safety and operational standards, thus addressing potential risks associated with improper loading practices. The policy objective of these amendments is to enhance maritime safety and efficiency by updating measurements and standards to reflect contemporary practices and international standards.
The enacting body for these regulations is the Federal Executive Council, acting on the advice of the relevant Minister. The changes aim to modernise the legal framework governing deck cargo and live stock transportation, ensuring that vessels comply with safety regulations and reducing the risk of accidents during maritime operations. The amendments include updates to dimensional requirements and financial penalties to reflect changes in maritime industry practices and economic conditions.
Scope and Application
The Navigation (Deck Cargo and Live Stock) Regulations, as amended by the statutory rules of 1980, apply to vessels within the jurisdiction of the Commonwealth of Australia, specifically those involved in the carriage of deck cargo and live stock. These regulations dictate the permissible limits for deck cargo based on the gross tonnage of the vessel, setting specific mass proportions for vessels of different sizes. Additionally, the regulations include provisions for the notification of intentions to load live stock or deck cargo, requirements for separate stalls for horses and other animals, and amendments to various dimensional standards to ensure safety and compliance with maritime regulations. The amendments extend to various aspects of the regulations, such as the conversion of measurements from imperial to metric units, adjustments to financial penalties, and clarifications in the language used for better understanding and implementation. This legislation ensures that the transportation of deck cargo and live stock adheres to safety standards and operational guidelines set forth under the Navigation Act 1912.
Key Provisions
The Navigation (Deck Cargo and Live Stock) Regulations, as amended by Statutory Rules 1980 No. 79, include several key provisions that regulate the carriage of deck cargo and live stock on vessels. Regulation 6, for example, specifies the permissible mass of deck cargo on vessels, with different limits based on the vessel's gross tonnage. Regulation 16 has been amended to clarify the conditions under which cargo can be carried on the deck or hatches of small vessels, while Regulation 30 has been updated to ensure that separate stalls for livestock must meet specific nautical measurements. The Schedule provides detailed amendments to various provisions, including changes to dimensions, weights, and financial penalties.
These amendments impose specific obligations on the parties involved in the carriage of deck cargo and live stock, such as ensuring that the cargo and livestock are carried in accordance with the stipulated limits and conditions. Vessel operators must also ensure that any modifications to their vessels, such as the installation of stalls for livestock, comply with the updated nautical measurements.
Failure to comply with these regulations may result in civil or criminal penalties. The maximum fines for breaches of the amended regulations are now specified in Australian dollars rather than British pounds, with specific penalties outlined in various provisions. For instance, Regulation 19 and Regulation 21 both mention a penalty of $100, while Sub-regulation 35a (1) and (2) mention a penalty of $20. These financial penalties serve as a deterrent to non-compliance and ensure that vessels operate within the prescribed safety and regulatory standards.