Navigation (Examination of Masters and Mates) Regulations (Amendment)

Overview

Statutory Rules 1969 No. 211, enacted under the authority of the Navigation Act 1912-1968, represents an amendment to the Navigation (Examination of Masters and Mates) Regulations. The regulation was made by the Governor-General in Council, on the advice of the Minister of State for Shipping and Transport. This legislative instrument aims to update and refine the examination standards for shipmasters and mates by amending the Sixth Schedule to incorporate specific technical requirements concerning the use and care of deck and above deck appliances, including winches, capstans, windlasses, emergency steering gear, and fittings used between the anchor and cable locker, as well as hoisting in boats. Additionally, the regulation updates record-keeping obligations to align with the requirements of the Pollution of the Sea by Oil Act 1960-1965 or the Oil in Navigable Waters Act, 1955, as applicable. The policy objective of these amendments is to ensure maritime safety and environmental protection by standardising and updating the knowledge and practices of maritime professionals.

Scope and Application

This Statutory Rule made under the Navigation Act 1912-1968, pertains to the regulation of maritime activities within the Commonwealth of Australia, specifically addressing the examination of masters and mates. The legislation applies to persons involved in maritime operations, including shipmasters, mates, and other relevant personnel, and encompasses the examination and certification processes to ensure their competency. The rule amends the existing regulations concerning the knowledge and skills required for maritime officers, including the use and care of deck appliances and fittings, as well as record-keeping obligations under environmental legislation. The regulation has a nationwide reach, applicable across all maritime activities within Australian waters and on vessels registered in Australia. The rule excludes any entities or conduct not directly related to maritime operations unless they are specifically addressed by other relevant legislation. This Statutory Rule extends the application of the Navigation Act by specifying updated requirements for maritime examinations and ensuring compliance with environmental laws related to oil pollution.

Key Provisions

The main operative sections of this legislative instrument pertain to the amendment of the Navigation (Examination of Masters and Mates) Regulations, specifically altering the Sixth Schedule (paragraphs referenced in parentheses). Firstly, sub-section 1 of the Oral Section of Part II is amended by removing paragraph (c) and inserting a new one (1). This new paragraph (c) outlines the requirements for the use and care of deck and above-deck appliances and fittings, including winches, capstans, windlasses, emergency steering gear, and fittings used between the anchor and cable locker, as well as hoisting in boats (2). Secondly, sub-section 7 of the Oral Section of Part II is similarly amended by replacing paragraph (c) with a new one (3). This new paragraph (c) specifies that candidates must demonstrate their knowledge of the requirements to keep records under the Pollution of the Sea by Oil Act 1960-1965 or the Imperial Act known as the Oil in Navigable Waters Act, 1955, as in force from time to time (4). The obligations and requirements imposed by this Act on parties or entities it governs include ensuring that those seeking examination for master or mate positions are proficient in the use and care of deck and above-deck appliances and fittings, as well as being knowledgeable about the legal requirements for record-keeping related to oil pollution prevention. Specifically, individuals must demonstrate understanding of the operational protocols for winches, capstans, windlasses, emergency steering gear, and fittings used between the anchor and cable locker. They must also be adept at hoisting in boats safely and effectively. Furthermore, they must understand the requirements for maintaining records to prevent oil pollution, as stipulated under the Pollution of the Sea by Oil Act 1960-1965 or the Oil in Navigable Waters Act, 1955. This encompasses being aware of the legal frameworks and operational standards set forth in these acts, and ensuring compliance with them in maritime operations. In terms of offences, penalties, or civil/criminal consequences for breach, the legislative instrument does not explicitly state any penalties within its text. However, it is implied that non-compliance with the amended regulations could lead to serious consequences, particularly in the context of maritime safety and environmental protection. Failure to adhere to the standards for the use and care of deck and above-deck appliances and fittings could result in unsafe maritime operations, potentially leading to accidents and environmental harm. Similarly, not complying with the requirements for keeping records related to oil pollution prevention could result in legal repercussions under the Pollution of the Sea by Oil Act 1960-1965 or the Oil in Navigable Waters Act, 1955. While the specific penalties are not detailed in this legislative instrument, they would be governed by the respective acts and could include fines, imprisonment, or other civil/criminal sanctions as determined by the relevant authorities.