STATUTORY RULES.
1957. No. 6.
REGULATIONS UNDER THE NAVIGATION ACT 1912-1956.*
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 1912-1956.
Dated this 22nd
day of February, 1957.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Navigation (Limited Coast-Trade Voyages) Regulations.
Citation.
1. These Regulations may be cited as the Navigation (Limited Coast-Trade Voyages) Regulations.
Commencement.
2. These Regulations shall come into operation on the first day of March, 1957.
Prescribed limits.
3. The prescribed limits of voyages from and to a port in Australia for the purposes of the definition of “Limited coast-trade ship” in section six of the Navigation Act 1912-1956 are the limits specified, in relation to the port, in the Schedule to these Regulations.
THE SCHEDULE.
Reg. 3.
PRESCRIBED LIMITS OF VOYAGES OF LIMITED COAST-TRADE SHIPS.
Port from and to which Voyage is made. | Limits of Voyages. |
A port in the State of New South Wales | Including only ports that are— |
(a) on the coast of the State of Queensland, New South Wales or Victoria, between and including Rockhampton in the State of Queensland and Melbourne in the State of Victoria; |
(b) in the islands in Bass Strait; or |
(c) in the State of Tasmania |
* Notified in the Commonwealth Gazette on , 1957.
7011/56.—Price 3d. 9/29.1.1957.
Port from and to which Voyage is made. | Limits of Voyages. |
A port in the State of Victoria or in the State of Tasmania | Including only ports that are— |
(a) on the coast of the State of New South Wales, Victoria or South Australia, between and including Port Stephens in the State of New South Wales and Spencer Gulf in the State of South Australia; |
(b) in the islands in Bass Strait; or |
(c) in the State of Tasmania |
A port in the State of Queensland other than Thursday Island | Including only ports that are— |
(a) on the coast of the State of Queensland or in the islands that form part of that State; or |
(b) on the coast of the State of New South Wales to the north of and including Sydney |
A port in the State of South Australia | Including only ports that are— |
(a) on the coast of the State of Victoria, South Australia or Western Australia, between and including the entrance to the Gippsland Lakes in the State of Victoria and Fremantle in the State of Western Australia; |
(b) in Kangaroo Island or in the islands in Bass Strait; or |
(c) in the State of Tasmania |
A port in the State of Western Australia | Including only ports that are— |
(a) on the coast of the State of Western Australia or in the islands that form part of that State; or |
(b) on the coast of the Northern Territory between and including Darwin and the western boundary of that Territory |
Thursday Island in the State of Queensland and Darwin in the Northern Territory | Including only ports that are— |
(a) on the coast of the State of Queensland or Western Australia or the Northern Territory, between and including Townsville in the State of Queensland and Wyndham in the State of Western Australia or in the islands that are part of the Northern Territory or being part of the State of Queensland, are north or west of Townsville; or |
(b) in the Territory of Papua |
By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.
Overview
The Navigation (Limited Coast-Trade Voyages) Regulations 1957 were introduced to provide specific guidelines on the limits of voyages for ships engaged in limited coast-trade within Australia, under the authority of the Navigation Act 1912-1956. Enacted by the Governor-General in Council, these Regulations were designed to clarify and regulate the scope of coastal trade operations, ensuring that vessels operating under the definition of "Limited coast-trade ship" adhered to specified geographical boundaries. This legislative instrument aimed to streamline maritime operations and enhance the safety and efficiency of coastal trade routes within Australia, aligning with broader maritime regulatory objectives of the time. The policy objective was to provide a clear framework for the operation of limited coast-trade voyages, ensuring that these activities were conducted within prescribed limits that protected both the economic interests and the navigational safety of coastal maritime activities.
Scope and Application
The Navigation (Limited Coast-Trade Voyages) Regulations 1957, made under the Navigation Act 1912-1956, establish specific geographic limits for voyages undertaken by ships engaged in coast-trade within Australian waters. These Regulations apply to vessels defined as "Limited coast-trade ships" in accordance with section six of the Navigation Act 1912-1956. The prescribed limits for these voyages are detailed in the Schedule, which outlines the permissible routes for ships departing from and arriving at various Australian ports, including those in New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, as well as specific provisions for Thursday Island in Queensland and Darwin in the Northern Territory. These Regulations do not explicitly state any exclusions or exemptions, but the scope of application is strictly defined by the specified limits in the Schedule, ensuring that coast-trade voyages remain within designated coastal and island regions. The Regulations provide clarity on the operational boundaries for limited coast-trade activities, ensuring adherence to the legislative framework governing maritime navigation within Australia.
Key Provisions
The Navigation (Limited Coast-Trade Voyages) Regulations 1957, made under the Navigation Act 1912-1956, define the prescribed limits for voyages that qualify as "Limited coast-trade." Section 3 of the Regulations specifies these limits, which vary depending on the port of origin and destination. For example, voyages from a port in New South Wales are limited to ports on the coasts of Queensland, New South Wales, or Victoria between Rockhampton and Melbourne, or to ports in Bass Strait or Tasmania. Similarly, voyages from ports in Victoria or Tasmania are restricted to specific coastal regions and islands.
These Regulations impose clear geographic boundaries on maritime trade within Australian waters. They require vessels to adhere to these limits to qualify for "Limited coast-trade" status. Failure to comply with these specified limits could potentially lead to legal consequences, as the Regulations are designed to ensure that maritime activities are conducted within prescribed areas to maintain safety and regulatory compliance.
The Act imposes significant obligations on ship operators and owners to ensure their voyages comply with the specified limits. Operators must ensure that their vessels do not deviate from the prescribed routes, and they must maintain documentation that demonstrates compliance with these limits. Non-compliance with these requirements can lead to serious legal repercussions, including fines and potential revocation of the vessel's operating license.
In terms of penalties and consequences, the Navigation Act 1912-1956 outlines severe measures for breaches of these Regulations. Operators found to be in breach may face fines, and in more serious cases, the vessel could be detained. Additionally, repeated or egregious violations could result in criminal charges, with potential penalties including imprisonment, reflecting the seriousness with which the law regards non-compliance with maritime trade regulations. These stringent measures underscore the importance of adhering to the prescribed limits to avoid legal and financial repercussions.