Navigation (Load Lines) Regulations (Amendment)

Overview

The Navigation (Load Lines) Regulations (Amendment) and the Navigation (Tonnage Measurement) Regulations (Amendment) were enacted under the authority of Sub-section 425(1) of the Navigation Act 1912 to amend existing regulations concerning fees payable to the Department of Transport for services provided to the maritime industry. These amendments were introduced to address the issue of outdated fees that had not been updated since October 1981, and to align the fees with the policy of full cost recovery. The amendments involved an approximate 30% increase in fees, intended to cover the rise in costs since the last update. These changes were set to take effect on 1 December 1984 and aimed to ensure that the maritime industry would contribute fairly to the costs associated with regulatory services.

Scope and Application

The Navigation (Load Lines) Regulations (Amendment) and the Navigation (Tonnage Measurement) Regulations (Amendment) are subordinate instruments under the Navigation Act 1912, which applies to maritime activities within Australian waters. These amendments, issued by the authority of the Minister of State for Transport, aim to update fees for services provided to the maritime industry by the Department of Transport. The fees, which have not been increased since 1 October 1981, are being raised to reflect the rise in costs since that date and to align with the government’s policy of full cost recovery. The amendments to the Navigation (Load Lines) Regulations increase fees for surveyor attendance at inclining tests and inspections related to load line certificates, as well as for additional services such as after-hours attendance and travelling expenses. Similarly, the amendments to the Navigation (Tonnage Measurement) Regulations increase fees for tonnage measurements and additional services such as after-hours attendance and waiting time. These amendments will come into effect on 1 December 1984, as specified in Regulations 1 of both sets of amendments. The increased fees are detailed in the respective attachments to each set of regulations.

Key Provisions

The key operative sections of the Navigation (Load Lines) Regulations (Amendment) and the Navigation (Tonnage Measurement) Regulations (Amendment) pertain to the fees payable for various services provided in relation to maritime vessels. According to the amendments, fees are to be increased for the attendance of surveyors at inclining tests, surveys, and inspections associated with load line certificates (Section 1, Sub-regulation 40(4) to 40(5), Sub-regulation 98(5) to 98(16)). Furthermore, fees for tonnage measurement and additional services such as after hours attendance and travelling expenses are also increased (Schedule 6, Sub-item 2(1) to 2(16), Sub-item 3(6) to 3(10), Paragraph 4(1)(a) to 4(2)(c), Sub-item 4(4) to 4(6)). These regulations impose specific financial obligations on the maritime industry, particularly on vessel owners and operators, to pay the increased fees for services provided by the Department of Transport. The fees cover a range of activities, including surveyor attendance at inclining tests and inspections, tonnage measurements, and additional services such as after hours attendance and travelling expenses. The new fee schedule, as detailed in the amendments, requires these parties to pay the specified amounts for the services rendered. There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of these regulations in the explanatory statement. However, failure to comply with the fee requirements could potentially lead to disputes or legal actions if the Department of Transport seeks to recover the owed fees. The maximum penalties for such breaches are not explicitly stated in the explanatory statement but would likely be in line with the general administrative penalties for non-compliance with government regulations.