Navigation (Load Lines) Regulations (Amendment)

Overview

The Navigation (Load Lines) Regulations (Amendment) Statutory Rule 256 of 1985, enacted by the Minister of State for Transport under the authority of Sub-section 425(1) of the Navigation Act 1912, seeks to address the issue of outdated fees for maritime services provided by the Commonwealth. This amendment was necessitated by the significant rise in costs since the last adjustment in December 1984. The policy objective of the Government was to implement a cost recovery strategy for these services, ensuring that the fees reflect current economic conditions and the associated costs. The amendments, which include an approximate 10% increase across most regulations, aim to cover the movement in costs since the previous update, with specific regulations such as the Navigation (Coasting Trade) Regulations, Navigation (Construction) Regulations, and Navigation (Pig Iron, Coal and Ballast) Regulations having a more extended period of cost adjustment since October 1981. These amendments commenced on 1 October 1985, as detailed in the attached schedules.

Scope and Application

The Navigation (Load Lines) Regulations (Amendment) Statutory Rule No. 256 of 1985, issued by the Authority of the Minister of State for Transport, amends the Navigation (Load Lines) Regulations to adjust the fees payable to the Commonwealth for various maritime services. These amendments apply to entities and individuals involved in maritime activities, including ship owners, operators, and surveyors, who are required to engage in activities such as the inclining test of ships, load line certificate issuance, and inspections. The amendments increase fees for attendance at the inclining test, surveyor attendance at surveys and inspections, and other related services such as additional visits for inspection purposes, after-hours attendance, and travel and subsistence expenses. These changes aim to reflect the increased costs associated with providing these services and ensure cost recovery in line with government policy. The amendments are applicable nationwide, aligning with the jurisdictional reach of the Navigation Act 1912. The changes are effective from 1 October 1985, as specified in the regulations. The Act empowers the Governor-General to make regulations necessary or convenient to carry out the Act, and these amendments are made under that authority.

Key Provisions

The key provisions of Statutory Rule No. 256 of 1985, issued under the authority of the Minister of State for Transport, involve amendments to several regulations under the Navigation Act 1912. These amendments are largely concerned with updating the fees and charges payable to the Commonwealth for various maritime services, reflecting the costs associated with providing these services to the maritime industry since the last adjustment in December 1984 (subsection 425(1)). The amendments apply to multiple regulations including those relating to cargo hazards prevention, coasting trade, compass, construction, deck cargo, loading and unloading safety measures, load lines, master and seamen, and pig iron, coal and ballast. With the exception of three regulations, the amendments involve an approximate 10% increase in fees, effective from 1 October 1985. These amendments impose certain obligations on maritime industry participants, most notably an increase in fees for various services. For instance, under the Navigation (Load Lines) Regulations (Amendment), new fees are set for services such as the attendance of a surveyor at a ship's inclining test, surveys and inspections related to load line certificates, and additional inspection visits. These new fees are intended to reflect the increased costs of providing these services since the last adjustment. The new fees for attendance at an inclining test, for example, have been updated from $329 to $362, while fees for after-hours attendance have increased from $163 to $179. Failure to comply with the new fee structures as outlined in these regulations could potentially result in civil or criminal consequences, depending on the nature and severity of the breach. While the explanatory statement does not specify particular offences, penalties, or consequences, it is reasonable to infer that non-compliance with statutory requirements could lead to enforcement actions by the relevant authorities. These might include fines or other penalties, as stipulated by the Act or other relevant legislation. The maximum penalties would depend on the specific circumstances of the breach and the applicable laws. Overall, the amendments aim to ensure that the fees charged for maritime services accurately reflect the costs incurred by the Commonwealth. This approach supports the government's policy of cost recovery in relation to these services, ensuring that the maritime industry contributes appropriately to the costs of regulation and oversight.