Navigation (Deck Cargo) Regulations (Amendment)

Overview

The Navigation (Master and Seamen) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), Navigation (Deck Cargo) Regulations (Amendment), Navigation (Cargo-Hazards Prevention) Regulations (Amendment) and Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) Statutory Rules were enacted in 1984 to update the fees and charges payable to the Department of Transport under the Navigation Act 1912. These amendments were introduced to address the issue of outdated fees, which had not been revised since 1 October 1981, and to align the fees with the current cost of services provided to the maritime industry. The Government's policy objective was to achieve full cost recovery for these activities, and the amendments involved an approximate 30% increase across the board. These amendments were made under the authority of the Minister of State for Transport and took effect on 1 December 1984.

Scope and Application

The Navigation Act 1912, along with its amended regulations, applies to a wide range of maritime activities and entities within Australia's maritime industry. This legislation governs the conduct of masters and seamen, compass adjustments, deck cargo loading, and the prevention of cargo hazards, among other things. It applies to individuals, such as masters and seamen, as well as entities like shipping companies and the Department of Transport. The amendments to the regulations, which increase fees for services provided to the maritime industry, also apply nationally and are intended to ensure full cost recovery for services not updated since 1981. The amendments, which are made under the authority of the Minister of State for Transport pursuant to sub-section 425(1) of the Navigation Act 1912, involve an approximate 30% increase in fees and charges to cover cost movements since that time. The amendments to the various regulations took effect on 1 December 1984.

Key Provisions

The statutory rules C2004L00913, specifically the Navigation (Master and Seamen) Regulations (Amendment) (Attachment 1), the Navigation (Compass) Regulations (Amendment) (Attachment 2), the Navigation (Deck Cargo) Regulations (Amendment) (Attachment 3), the Navigation (Cargo-Hazards Prevention) Regulations (Amendment) (Attachment 4), and the Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) (Attachment 5), introduce amendments to various regulations pertaining to maritime activities in Australia. These amendments, authorized under sub-section 425(1) of the Navigation Act 1912, primarily involve increasing fees associated with maritime services provided by the Department of Transport. The amendments aim to adjust the fees to reflect the increase in costs since they were last revised in October 1981, thereby implementing a policy of full cost recovery. These regulations impose specific obligations on maritime businesses and individuals. For instance, the Navigation (Master and Seamen) Regulations (Amendment) requires shipmasters and those employing seamen to pay increased fees for services such as the engagement and discharge of seamen, issuance of certificates, and additional services like after-hours attendance and travel time. Similarly, the Navigation (Compass) Regulations (Amendment) mandates that fees for the examination and adjustment of compasses, as well as related services, are to be updated. The Navigation (Deck Cargo) Regulations (Amendment) requires ship operators to pay higher fees for inspections related to deck cargo loading. The Navigation (Cargo-Hazards Prevention) Regulations (Amendment) necessitates increased fees for inspections of ships carrying hazardous substances and related services. The Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) involves similar obligations regarding fees for safety measures during loading and unloading operations. Non-compliance with these amendments can lead to various civil and criminal consequences. The statutory rules do not explicitly outline specific penalties for non-compliance in the provided text, but under the Navigation Act 1912, failure to adhere to prescribed regulations can result in fines and other penalties. The exact penalties would depend on the specific breaches and the courts' discretion. It is important for maritime businesses and individuals to ensure they are aware of and comply with these updated fee structures to avoid any potential legal repercussions.