Navigation (Grain, Coal and Ballast) Regulations (Amendment)

Legislation au C1925L00097 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1925. No. 97.

____

REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the Navigation Act 1912-1920, to come into operation forthwith.

Dated this tenth day of June, 1925.

FORSTER,

Governor-General.

By His Excellency’s Command,

Ll. ATKINSON,

for Minister of State for Trade and Customs.

______

Amendment of Navigation (Grain, Coal and Ballast) Regulations.

(Statutory Rules 1923, No. 135).

1. Regulation 4 of the Navigation (Grain, Coal and Ballast) Regulations is amended by inserting in paragraph (c) of sub-regulation (2.) thereof, after the words “one-third”, the words “, or grain in bags, or partly in bulk and partly in bags, to the extent of not more than one-half,”.

2. Regulation 5 of the Navigation (Grain, Coal and Ballast) Regulations is amended—

(a) by inserting in sub-regulation (1.) thereof, after the words “to the extent” the words, “including any grain or coal that is already on board,”;

(b) by adding at the end thereof the following sub-regulation:—

“(5.) The fee payable for the services of a surveyor in connexion with the survey or inspection of a vessel in respect of which a Notice of Intention to load a grain cargo under these Regulations is required to be given, shall be as prescribed in *paragraph 21 of Schedule II. of the Navigation (Survey and Equipment) Regulations.”

C.8379.—Price 3d.


3. The Navigation (Grain, Coal and Ballast) Regulations are amended by inserting after Regulation 5, the following regulation:—

Power to modify in special cases

“5a. Where it appears to the Deputy Director, on the report of a surveyor, that the requirements of these regulations, so far as they apply to the dunnaging and stowage of grain, insufficiently provide for the safety of any particular ship, or, that they could with safety be modified, he may, in his discretion, either require the observance of additional precautions necessary for the ship’s safety, or, upon the written application of an owner, agent or master, modify the requirements of the regulations to the extent that, in his opinion circumstances of the particular case warrant.”

4. Regulation 7. of the Navigation (Grain, Coal. and Ballast) Regulations is amended by omitting the words “a full cargo of grain,” and inserting in their stead the words “grain in bulk, or partly in bulk and partly in bags, to the extent of one-third or more of the cargo capacity of the ship, or grain in bags to the extent of more than one-half of the cargo capacity of the ship, deliver or”.

5. Regulation 35. of the Navigation (Grain, Coal and Ballast) Regulations is amended—

(a) by omitting from sub-regulation (3.) thereof the word “in” (second occurring) and inserting in its stead the word “to”; and

(b) by inserting, at the end of sub-regulation (5.) thereof the following proviso:—

“Provided that, if approved by the surveyor, shifting boards will not be required to be fitted in a hatchway of a steamship in cases where the upper hatch coaming is filled with grain in bags.”

6. Regulation 39. of the Navigation (Grain, Coal and Ballast) Regulations is amended by omitting the word “steam-ships” and inserting in its stead the word “ships”.

7. The Navigation (Grain, Coal and Ballast) Regulations are amended by inserting, after Regulation 42, the following regulation:—

Hatches.

“42a.—(1.). Hatchway beams, fore-and-after, batches, battens, battening-cleats and tarpaulins shall be in good order and properly fitted to the satisfaction of the surveyor. At least two good tarpaulins shall be provided for each weather deck hatchway.

(2.). Provision shall be made for securing independently each section of the hatch covers by rope lashings or other equally effective means, after the tarpaulins are battened down. At least six spare hatches and a supply of spare battening wedges shall be carried for use in emergency.”

8. Schedule II. of the Navigation (Grain, Coal and Ballast) Regulations is amended—

(a) by omitting from Column (4) of Form G.C.B.—4. the words “(This may be stated in Cubic Feet or Tons weight.)” and inserting in their stead the words “(In Tons)”; and

(b) by omitting from Column, (4). of Form G.C.B. —4. the words “In Cubic Feet here or in Tons weight here”.


*Note.—Paragraph 21 of Schedule II. of the Navigation (Survey and Equipment) Regulations reads as follows:—

Fee for survey of vessel for grain cargo.

“21. (1.)—The fee payable for the services of a surveyor in connexion with the survey or inspection of a vessel in respect of which a notice of intention to load a grain cargo is required to be given under the Navigation (Grain, Coal and Ballast) Regulations, shall, in addition to travelling expenses; be in accordance with the following scale:—

Grain Cargo to be Loaded (including Grain already on Board).

Fee.

 

£

s.

d.

Grain in bags exceeding one-half of the ship’s dead-weight cargo capacity.......

1

1

0

Grain in bulk, or partly in bulk and partly in bags—

 

 

 

(a) not exceeding one-half of ship’s dead-weight cargo capacity........

2

10

0

(b) exceeding one-half of ship’s dead-weight cargo capacity...........

5

0

0

(2.)—The fee specified in the preceding sub-paragraph will cover not more than three visits of the surveyor made during official hours. The fee for each additional visit during official hours deemed necessary by the Deputy Director shall be £1. For any visit or visits of the surveyor required to be made outside official hours, whether for the convenience of the owner or for any other reason satisfactory to the Deputy Director, an overtime charge shall be made as prescribed in paragraph 18 of this Schedule.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1925 No. 97, titled "Regulations Under the Navigation Act 1912-1920," was enacted by the Governor-General in Council on 10 June 1925. This legislation was introduced to address specific concerns regarding the loading and stowage of grain, coal, and ballast on vessels, as outlined under the Navigation Act 1912-1920. The policy objective of these regulations is to ensure the safety and proper handling of grain and coal during maritime transport. These amendments to the Navigation (Grain, Coal and Ballast) Regulations aim to refine the procedures for loading, stowage, and inspection of these cargoes, thereby reducing risks associated with maritime transport of such materials.

Scope and Application

The Regulations under the Navigation Act 1912-1920, specifically the Navigation (Grain, Coal and Ballast) Regulations, apply to vessels carrying grain, coal, and ballast within Australian waters. These regulations pertain to the stowage, dunnaging, and safety measures for these cargoes, ensuring that vessels comply with safety standards to prevent accidents and damage. The regulations are applicable to all ships, including those already carrying grain or coal, and they are enforced by the Deputy Director, who has the discretion to modify these requirements based on surveyor reports to ensure the safety of specific vessels. The amendments introduced in these regulations adjust the proportions of grain that can be carried in bulk or in bags, modify the fees for surveyor services, and establish new requirements for hatchway beams, battening, and tarpaulins. The regulations also introduce a provision allowing the exemption of shifting boards in certain conditions if approved by a surveyor. The scope of these regulations is confined to the Commonwealth of Australia and extends to all ships subject to the Navigation Act.

Key Provisions

The primary sections of these Regulations (Statutory Rules 1925, No. 97) under the Navigation Act 1912-1920 amend various provisions of the Navigation (Grain, Coal and Ballast) Regulations. Specifically, Regulation 4 is amended to include grain in bags or partly in bulk and partly in bags to the extent of not more than one-half (Section 1). Regulation 5 is further amended to include grain or coal already on board (Section 2(a)) and introduces a sub-regulation for surveyor fees (Section 2(b)). A new Regulation 5a is inserted, allowing for modifications in special cases (Section 3). Regulation 7 is amended to clarify the delivery requirements (Section 4), while Regulation 35 is modified to adjust wording and add a proviso regarding shifting boards (Section 5). Regulation 39 is amended to replace "steam-ships" with "ships" (Section 6). A new Regulation 42a is added to establish requirements for hatchway beams, battens, and tarpaulins (Section 7). Finally, Schedule II is amended to change weight measurements from cubic feet or tons to tons (Section 8). These Regulations impose several obligations on the parties involved, primarily focusing on the safety and proper handling of grain, coal, and ballast on ships. For instance, ships must ensure that hatchway beams, battens, and tarpaulins are in good order and properly fitted (Regulation 42a(1)). Owners, agents, or masters must deliver grain in bulk or partly in bulk and partly in bags to the extent of one-third or more of the cargo capacity of the ship, or grain in bags to the extent of more than one-half of the cargo capacity of the ship (Regulation 7). Surveyors must inspect vessels to ensure compliance with these regulations and may require additional precautions or modify requirements in special cases (Regulation 5a). Breaches of these Regulations can lead to various civil and criminal consequences. While specific offences are not enumerated in these Regulations, breaches generally fall under the purview of the Navigation Act 1912-1920. Penalties may include fines or imprisonment, depending on the severity of the breach. For instance, failure to comply with the requirements for surveyor fees as outlined in Regulation 5(b) may result in financial penalties. Additionally, non-compliance with safety requirements (e.g., improper stowage of grain) could lead to criminal charges, with potential penalties including fines up to certain limits prescribed under the primary Act. The exact penalties depend on the specific breach and are outlined in the Navigation Act 1912-1920.

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