STATUTORY RULES.
1947. No. .
REGULATION UNDER THE NAVIGATION ACT 1912-1942.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Navigation Act 1912-1942.
Dated this third day of September, 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Supply and Shipping.
Amendment of the Navigation (Life-saving Appliances) Regulations.†
Means of ingress and egress and emergency lighting.
Regulation 78 of the Navigation (Life-saving Appliances) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(4.) Subject to the next succeeding sub-regulation, every ship of Class II. of 1,000 tons gross tonnage and upwards shall be fitted with a self-contained source of electric power placed in the upper parts of the ship and capable of illuminating—
(a) the lifeboats when alongside and in process of or immediately after being launched; and
(b) such different parts of the ship as are considered by the Director to be sufficient for all requirements of safety.
(5.) Where a new ship, the keel of which is laid after the commencement of this sub-regulation, is being fitted in compliance with the last preceding sub-regulation, the power is to be supplied from a generator driven by a diesel or kerosene engine suitably housed, to the satisfaction of the Surveyor, in the upper parts of the ship above the bulkhead deck.
(6.) In ships of Class II. of less than 1,000 tons gross tonnage and in ships of Classes III. and IV., the emergency lighting shall consist of sufficient electric hand lamps or torches placed in positions in which, in the opinion of the Surveyor, they will best meet the requirements of safety.”.
* Notified in the Commonwealth Gazette, on , 1947.
† Statutory Rules 1935. No. 100, as amended by Statutory Rules 1935, No, 108; and 1939, No. 68.
.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3788.—Price 3d. 9/18.6.1947.
Overview
The Navigation Act 1912-1942, enacted by the Parliament of Australia, was introduced to regulate maritime safety and navigation within Australian waters. In 1947, a statutory rule was introduced to amend the Navigation (Life-saving Appliances) Regulations, aiming to enhance safety standards for ships. This regulation, specifically focusing on means of ingress and egress and emergency lighting, mandates that certain ships be equipped with a self-contained source of electric power for illuminating lifeboats and other critical areas, ensuring that safety measures are met effectively during emergencies. The policy objective behind these amendments is to improve the safety and preparedness of ships in distress situations, thereby reducing the risk of accidents and casualties at sea.
Scope and Application
The Navigation (Life-saving Appliances) Regulations, as amended by the Statutory Rules 1947 No. 125, pertain to ships of Class II, with specific requirements based on the gross tonnage of the vessel. These regulations apply to all ships of Class II that have a gross tonnage of 1,000 tons and above, mandating that they be equipped with a self-contained electric power source located in the upper parts of the ship to illuminate lifeboats during their launch and various parts of the ship deemed necessary for safety by the Director. For new ships with a keel laid after the commencement of these regulations, the power must be supplied by a generator driven by a diesel or kerosene engine, suitably housed in the upper parts of the ship above the bulkhead deck, as per the Surveyor's satisfaction. Meanwhile, ships of Class II below 1,000 gross tonnage and those of Classes III and IV must be equipped with sufficient electric hand lamps or torches placed in positions that best meet safety requirements, as determined by the Surveyor. This regulation extends across the Commonwealth and is applicable to all maritime entities operating within Australian jurisdiction, with no stated exclusions or exemptions in the provided text.
Key Provisions
The principal amendments introduced by this statutory rule pertain to the Navigation (Life-saving Appliances) Regulations, specifically concerning means of ingress and egress and emergency lighting on ships. Regulation 78 now mandates that Class II ships with a gross tonnage of 1,000 tons or more must be equipped with a self-contained source of electric power, located in the upper parts of the ship, capable of illuminating lifeboats during launch and other designated areas (section 4). For new ships laid down after the commencement of this regulation, the power source must come from a generator driven by either a diesel or kerosene engine, housed above the bulkhead deck to the Surveyor’s satisfaction (section 5). Additionally, ships of Class II with a gross tonnage of less than 1,000 tons, as well as ships of Classes III and IV, must be equipped with sufficient electric hand lamps or torches, positioned as deemed necessary by the Surveyor for safety purposes (section 6).
This regulation imposes specific obligations on ship owners and operators. For Class II ships of 1,000 tons gross tonnage and upwards, they must ensure that a self-contained electric power source is installed and operational to illuminate lifeboats and other designated safety areas. In the case of new ships, the power source must be derived from a generator driven by a diesel or kerosene engine, housed in an approved location. For smaller Class II ships and all Class III and IV ships, the requirement is to provide sufficient electric hand lamps or torches, placed in strategic positions to facilitate safety. Surveyors are granted the authority to determine the adequacy of these measures, ensuring that the safety requirements are met to the highest standard.
Breaches of these provisions can result in significant consequences. While the statutory rule does not explicitly detail the offences or penalties for non-compliance, it is reasonable to infer that violations may lead to civil or criminal penalties under the overarching Navigation Act 1912-1942. The specific penalties would depend on the interpretation and application of the Act, but could include fines or other sanctions. Given the critical nature of life-saving appliances and emergency lighting in ensuring maritime safety, non-compliance could also result in operational restrictions or vessel detention until the deficiencies are rectified.