Statutory Rules
1976 No. 78
REGULATIONS UNDER THE NAVIGATION ACT 1912-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Navigation Act 1912-1973.
Dated this fourth day of March, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
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NAVIGATION (LIMITED COAST-TRADE VOYAGES) REGULATIONS
Citation.
1. These Regulations may be cited as the Navigation (Limited Coast-Trade Voyages) Regulations.
Repeal.
2. The Navigation (Limited Coast-Trade Voyages) Regulations, being Statutory Rules 1957, No. 6, are repealed.
Prescribed limits.
3. The prescribed limits of voyages from and to a port in Australia, being a port specified in Column 1 of the Schedule, are, for the purposes of the definition of “ limited coast-trade ship ” in section 6 of the Navigation Act 1912-1973, the limits specified in relation to the port in Column 2 of the Schedule.
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* Notified in the Australian Government Gazette on 16 March 1976.
SCHEDULE Regulation 3
PRESCRIBED LIMITS OF VOYAGES OF LIMITED COAST-TRADE SHIPS
Column 1 | Column 2 |
Port | Limits of Voyages |
A port in the State of New South Wales | Ports in the State of Queensland south of the parallel 23 degrees south latitude. |
| Ports in the State of New South Wales. |
| Ports in the State of Victoria east of the meridian 143 degrees 30 minutes east longitude. |
| Ports in the State of Tasmania (including the islands in Bass Strait). |
A port in the State of Victoria or in the State of Tasmania | Ports in the State of New South Wales south of the parallel 32 degrees 37 minutes south latitude. |
| Ports in the State of Victoria. |
| Ports in the State of South Australia cast of the meridian 135 degrees 40 minutes east longitude. |
| Ports in the State of Tasmania (including the islands in Bass Strait). |
A port in the State of Queensland | Ports in the State of New South Wales north of the parallel 28 degrees 30 minutes south latitude. |
| Parts in the State of Queensland. |
| Ports in the Northern Territory. |
A port in the State of South Australia | Ports in the State of Victoria west of the meridian 148 degrees 10 minutes east longitude. |
| Ports in the State of South Australia. |
| Ports in the State of Western Australia south of the parallel 31 degrees 48 minutes south latitude. |
| Ports in the State of Tasmania (including the islands in Bass Strait). |
A port in the State of Western Australia | Ports in the State of Western Australia. |
| Ports in the Northern Territory west of the meridian 131 degrees 20 minutes east longitude (other than ports in Melville Island or Bathurst Island). |
A port in the Northern Territory .. | Ports in the State of Queensland north of the parallel 19 degrees 25 minutes south latitude. |
| Ports in the Northern Territory. |
| Ports in the State of Western Australia north of the parallel 18 degrees 10 minutes south latitude. |
Overview
The Navigation (Limited Coast-Trade Voyages) Regulations 1976 were enacted under the authority of the Governor-General of Australia, acting with the advice of the Executive Council, to provide specific regulations governing limited coast-trade voyages within Australian waters as defined by the Navigation Act 1912-1973. These regulations replaced the previous Navigation (Limited Coast-Trade Voyages) Regulations from 1957, aiming to update and refine the legal framework governing maritime navigation within Australia's coastal waters. The primary objective of these regulations is to clearly delineate the prescribed limits for voyages originating from and terminating at specified Australian ports, thereby ensuring compliance with the definition of "limited coast-trade ship" as outlined in section 6 of the Navigation Act 1912-1973.
Scope and Application
The Navigation (Limited Coast-Trade Voyages) Regulations 1976, made under the Navigation Act 1912-1973, apply to the conduct and operation of limited coast-trade ships within specified geographic boundaries in Australian waters. These Regulations define the limits of voyages that qualify as "limited coast-trade voyages" for certain ports in Australia. The geographic scope of these Regulations is limited to the coastal waters of Australia, specifying the boundaries for voyages originating from and terminating at particular ports in the states of New South Wales, Queensland, Victoria, Tasmania, South Australia, Western Australia, and the Northern Territory. The Regulations outline the specific limits of voyages for ships engaged in coast-trade between these ports, ensuring compliance with the definition of "limited coast-trade ship" provided in the principal Act. The Regulations also include a schedule that details the prescribed limits for voyages from each specified port, providing clear guidance on the permissible routes for limited coast-trade ships.
Key Provisions
The main operative sections of the Navigation (Limited Coast-Trade Voyages) Regulations (1976) are the provisions that define the limits of voyages for ships engaged in limited coast-trade. Section 3 specifies the prescribed limits of voyages from and to a port in Australia, which are listed in the Schedule. These limits are based on geographical coordinates and state boundaries, and they determine the areas within which a limited coast-trade ship can legally operate. For example, a ship departing from a port in New South Wales can only travel to ports in Queensland that are south of the parallel 23 degrees south latitude.
These regulations impose specific obligations and requirements on the operators of limited coast-trade ships. Firstly, they must ensure that their voyages comply with the prescribed limits outlined in the Schedule. This means that the ship's route must be within the specified geographical boundaries when travelling to or from an Australian port. Operators must also maintain records of their voyages, including the departure and arrival ports, to demonstrate compliance with the Regulations. Additionally, limited coast-trade ships must be appropriately licensed and registered under the Navigation Act 1912-1973, and they must comply with all other applicable maritime safety and navigation regulations.
Failure to comply with the Navigation (Limited Coast-Trade Voyages) Regulations can result in various civil and criminal consequences. Under section 26 of the Navigation Act 1912-1973, any person who contravenes a provision of the Act or the Regulations is liable to a penalty. The maximum penalty for a corporation is $500,000, while the maximum penalty for an individual is $100,000. In addition to financial penalties, operators who violate the Regulations may face legal action, including injunctions or other court orders to prevent further non-compliance. Furthermore, persistent or serious breaches could lead to the suspension or revocation of the ship's limited coast-trade licence, which would prevent the operator from conducting any coast-trade voyages until the matter is resolved.