Navigation (Load Lines) Regulations (Amendment)

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Statutory Rules 1981 No. 2901

——————

Navigation (Load Lines) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.

Dated 27 September 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

–––––––––––

Commencement

1. These Regulations shall come into operation on 1 October 1981.

Interpretation

2. Regulation 5 of the Navigation (Load Lines) Regulations is amended by inserting after the definition of "maximum permissible stress" in sub-regulation (1) the following definition:

"'naval architect' means an officer of the Department of Transport appointed by the Minister to be a naval architect for the purposes of these Regulations;".

Loading stress and stability information

3. Regulation 40 of the Navigation (Load Lines) Regulations is amended—

(a) by omitting from sub-regulation (1) "sufficient information, in an approved form" and substituting "such information relating to the loading stress and stability of the ship as is approved by a naval architect";

(b) by omitting from sub-regulation (4) "a fee of $380 is payable." and substituting "a fee is payable determined in accordance with the following table:

Column 1	Column 2
Gross tonnage of ship	Fee
	$
Under 50 tons.............................................	253
50 tons or over but under 100 tons................................	407
100 tons or over but under 500 tons...............................	567
500 tons or over but under 1,000 tons..............................	647
1,000 tons or over but under 2,000 tons.............................	727
2,000 tons or over...........................................	800

and

"(5) Subject to sub-regulation (6), where a naval architect undertakes an examination in respect of approval of information relating to the stability of a ship for the purposes of sub-regulation (1), a fee is payable in respect of that examination, determined in accordance with the following table:

Column 1	Column 2
Gross tonnage of ship	Fee
	$
Under 50 tons.............................................	125
50 tons or over but under 100 tons................................	200
100 tons or over but under 500 tons...............................	300
500 tons or over but under 1,000 tons..............................	350
1,000 tons or over but under 2,000 tons.............................	400
2,000 tons or over...........................................	500

"(6) Where information is required to be submitted more than twice for examination in respect of the same approval of information relating to the stability of a ship, the fee payable for each examination after the second, for the purposes of approval under sub-regulation (1), is half of the fee prescribed under sub-regulation (5), having regard to the gross tonnage of the ship.".

Fees

4. Regulation 98 of the Navigation (Load Lines) Regulations is amended—

(a) by omitting sub-regulations (1), (2), (3), (4), (5), (6) and (7) and substituting the following sub-regulations:

"(1) In this regulation 'inspection or 'survey' means an inspection or survey, as the case may be, by a surveyor who holds an office in the Department of Transport.

"(2) The fee payable for an initial survey for a load line certificate under these Regulations of a passenger or cargo ship not holding or under survey for—

(a) a certificate of survey for a passenger ship;

(b) a certificate of survey for a cargo ship;

(d) a cargo ship safety construction certificate;

(e) a nuclear passenger ship safety certificate;

(f) a nuclear cargo ship safety certificate; or

(g) a classification certificate,

is two-thirds of the fee payable, having regard to the gross tonnage of the ship, for the issue of a certificate of survey for a passenger ship or a certificate of survey for a cargo ship, as the case requires.

"(3) The fee payable for a periodical survey under these Regulations of a ship referred to in sub-regulation (2) is two-thirds of the fee prescribed under that sub-regulation, having regard to the gross tonnage of the ship.

"(4) The fee payable for a periodical inspection under these Regulations of a ship referred to in sub-regulation (2) is one-sixth of the fee prescribed under that sub-regulation, having regard to the gross tonnage of the ship.

"(5) The fee payable for an initial survey, a periodical survey, or a periodical inspection, under these Regulations, of a ship—

(a) holding—

(i) a certificate of survey for a passenger ship;

(ii) a certificate of survey for a cargo ship;

(iii) a passenger ship safety certificate;

(iv) a cargo ship safety construction certificate;

(v) a nuclear passenger ship safety certificate; or

(vi) a nuclear cargo ship safety certificate; or

(b) that is a classed ship holding—

(i) a certificate of equipment; or

(ii) a cargo ship safety equipment certificate,

is a fee determined in accordance with the following table:

Column 1	Column 2	Column 3	Column 4
Gross tonnage of ship	Fee for initial survey	Fee for periodical survey	Fee for periodical inspection
	$	$	$
Under 50 tons........................	1,080	720	180
50 tons or over but under 100 tons...........	1,560	1,040	260
100 tons or over but under 500 tons..........	3,300	2,200	550
500 tons or over but under 1,000 tons.........	4,500	3,000	750
1,000 tons or over......................	6,000	4,000	1,000

"(6) Where, concurrently with an annual survey inspection under Part III of the Navigation (Survey) Regulations, in respect of which a fee is charged, a periodical inspection of a ship referred to in sub-regulation (5) is carried out, a fee is not payable for that periodical inspection of the ship.";

(b) by omitting from sub-regulation (8) "that ascertained from column 2 of Schedule 5 having regard to the gross tonnage of the ship" and substituting "half of the fee prescribed in column 3 of the table in sub-regulation (5), having regard to the gross tonnage of the ship";

(d) by omitting from sub-regulation (12) "$24" and substituting "$48";

(e) by omitting from paragraph 13 (a) "$64" and substituting "$160";

(f) by omitting from paragraph 13 (b) "$52" and substituting "$130";

(g) by omitting from paragraph 13 (c) "$28" and substituting "$70";

(h) by omitting from paragraph 14 (a) "$32" and substituting "$80";

(i) by omitting from paragraph 14 (b) "$28" and substituting "$70"; (j) by omitting from paragraph 14 (c) "$16" and substituting "$40"; (k) by omitting from sub-regulation (16) "$24" and substituting "$60"; (1) by omitting from sub-regulation (16) "$96" and substituting "$240"; (m) by omitting from sub-regulation (19) "registered";

(n) by omitting sub-regulation (20); and

(o) by omitting from sub-regulation (21) "or the survey authority, as the case may be".

Schedule 5

5. Schedule 5 to the Navigation (Load Lines) Regulations is repealed.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1981.

2. Statutory Rules 1968 No. 126 as amended by 1970 No. 187; 1975 No. 110; 1976 No. 281; 1977 Nos. 225 and 270; 1978 Nos. 132 and 249; 1979 No. 196.

Overview

The Navigation (Load Lines) Regulations 2 (Amendment) 1981 were enacted under the Navigation Act 1912 to update the regulations governing the load lines of ships navigating Australian waters, ensuring they meet current safety and operational standards. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The principal aim of these amendments was to enhance maritime safety by standardising the information required for ship loading stress and stability, along with adjusting the fees associated with the certification and inspection processes. This was achieved through defining a "naval architect" and modifying the criteria for loading stress and stability information, as well as updating the fee structure for various surveys and inspections to reflect the current economic conditions and the size of the vessels involved.

Scope and Application

The Navigation (Load Lines) Regulations 1981 (Amendment) pertain to the regulation of maritime vessels within the Commonwealth of Australia, as they are amendments to the Navigation (Load Lines) Regulations established under the Navigation Act 1912. These regulations apply to all ships subject to Australian maritime law, including passenger and cargo vessels, and cover aspects such as load lines, stability information, and the certification of vessels. The scope of these amendments includes the establishment of fees for various inspections and surveys, based on the gross tonnage of the ship, and the introduction of a naval architect’s role in approving loading stress and stability information. Notably, the amendments adjust the fee structure for both the initial and periodic surveys of ships, ensuring that the fees are proportionate to the ship's gross tonnage. The amendments also introduce a graduated fee schedule for examinations conducted by naval architects, with additional reductions for multiple submissions of the same information. The regulations come into effect on 1 October 1981 and apply nationally across Australia.

Key Provisions

The primary sections of the Statutory Rules 1981 No. 2901, known as the Navigation (Load Lines) Regulations 2 (Amendment), pertain to the amendment of existing regulations under the Navigation Act 1912. These amendments (sections 2-5) introduce new definitions, modify existing fee structures, and adjust the processes for obtaining certain certificates and surveys related to ship loading stress and stability. For instance, Regulation 2 adds a definition for "naval architect" and Regulation 3 modifies the requirements for loading stress and stability information by requiring approval from a naval architect instead of an approved form (section 3(a)). Additionally, the fee structure for these services is revised with a tiered system based on the gross tonnage of the ship (section 3(b), (c)). The Regulations impose specific obligations on ship owners and operators to ensure compliance with maritime safety standards. They mandate that any information relating to the loading stress and stability of a ship must be approved by a naval architect, which includes submitting relevant documentation for examination (section 3(a)). Furthermore, ship owners must pay fees for the examination of this information and for the issuance of various certificates and surveys, with the amount dependent on the gross tonnage of the ship (sections 3(b), (c), 4). These fees include initial and periodical surveys and inspections, which are necessary to maintain the ship's compliance with maritime safety regulations (section 4). Breach of these Regulations can result in various consequences. While the specific penalties are not outlined in the text, it can be inferred that non-compliance with the requirements for loading stress and stability information, as well as failure to pay the prescribed fees, could lead to civil or administrative penalties. Additionally, not obtaining the necessary certificates and surveys might result in the ship being deemed non-compliant with maritime safety standards, potentially leading to operational restrictions or legal action. The exact penalties for such breaches are not specified within the text, but they would likely be enforced under the broader provisions of the Navigation Act 1912 and related maritime laws.

Area of Law: Maritime Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Fees

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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