Navigation (Deck Cargo) Regulations (Amendment)

Overview

The Navigation (Deck Cargo) Regulations (Amendment) Statutory Rules No 232 of 1987 were enacted to adjust fees payable under the Navigation Act 1912 for services provided to the maritime industry. This amendment was issued by the authority of the Minister for Land Transport and Infrastructure Support and is part of a broader policy objective of cost recovery for services provided under the Act. The primary purpose of these regulations is to update the fees charged for various inspections and surveys related to the loading of deck cargo, reflecting changes since the last adjustment in October 1986. This legislative action aims to ensure that the fees for maritime services remain aligned with operational costs and the economic context of the time, thereby maintaining the financial sustainability of the maritime regulatory framework.

Scope and Application

The Navigation Act 1912 applies to individuals, businesses, and entities involved in maritime activities within Australia, including ships engaged in coasting trade, the use of compasses on ships, the construction of ships, the loading and carriage of deck cargo, and the measurement of tonnage for ships. The Act and its associated regulations extend to Commonwealth waters, which include the territorial sea of Australia, the internal waters of the Australian mainland and its external territories, and the contiguous zone. The Act applies to all ships, regardless of their size or type, and to any person or entity involved in the aforementioned maritime activities. The amendments to the Navigation (Deck Cargo) Regulations, made under the authority of the Minister for Land Transport and Infrastructure Support, aim to adjust fees payable for services provided to the maritime industry in line with the Government’s policy of cost recovery. The amendments include changes to the fees for surveyor visits, out-of-hours attendance, and waiting times for inspections related to deck cargo on ships. The changes are designed to ensure that the fees remain reflective of the costs associated with providing these services. The amended regulations apply nationally across Australia, affecting all entities involved in the loading and carriage of deck cargo on ships within Australian jurisdiction.

Key Provisions

The key operative sections of the amended Navigation (Deck Cargo) Regulations pertain to the fees associated with surveyor visits for deck cargo inspections. Regulation 2 specifically modifies existing fees to reflect adjustments made in October 1986 (Reg. 2). Regulation 1 sets the effective date for these amendments, which is 19 October 1987 (Reg. 1). These amendments adjust the financial obligations for entities involved in maritime activities, particularly those related to deck cargo inspections. The Regulations impose specific financial obligations on parties involved in the maritime industry, such as ship owners or operators, who must pay fees for surveyor visits and inspections. For instance, Regulation 2(a) mandates a reduced fee of $146 for the initial surveyor visit to inspect a ship in connection with deck cargo loading, while Regulation 2(b) increases the fee for subsequent visits to $97 (Reg. 2(a), 2(b)). Furthermore, out-of-hours attendance fees are adjusted, with hourly rates for surveyors increasing to $36 and minimum fees for out-of-hours attendance rising to $108 (Reg. 2(c), 2(d)). Additionally, the fee for causing a surveyor to wait is increased to an hourly rate of $97 (Reg. 2(e)). The Regulations do not explicitly state offences, penalties, or consequences for non-compliance within their text. However, the Navigation Act 1912, under which these Regulations operate, likely includes provisions for enforcement and penalties for non-compliance with the Act's requirements. The amendments to the fees could potentially impact compliance if not adhered to, but specific penalties would be governed by the overarching Act rather than the Regulations themselves.