Statutory Rules
1978 No. 249
REGULATIONS UNDER THE NAVIGATION ACT 1912*
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 this thirtieth day of November 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport
AMENDMENTS OF THE NAVIGATION (LOAD LINES) REGULATIONS†
Interpretation
1. Regulation 5 of the Navigation (Load Lines) Regulations is amended—
(a) by inserting after the definition of “ forward perpendicular ” the following definition:
“ ‘ maximum permissible stress ’, in relation to a ship, means the bending stress, torsional stress or shear stress determined by a survey authority as being the maximum bending stress, maximum torsional stress or maximum shear stress, as the case requires, permissible in respect of the ship;”;
(b) by inserting after the definition of “ Type B ship ” the following definition:
“ ‘ unacceptable stress’, in relation to a ship, means a stress that exceeds a maximum permissible stress for that ship;”; and
(c) by adding at the end thereof the following sub-regulation:
“ (2) Notwithstanding the definition of ‘ survey authority ’ in sub-regulation (1), a reference in the
* Notified in the Commonwealth of Australia Gazette on 6 December 1978.
† Statutory Rules 1968 No. 126 as amended by Statutory Rules 1970 No. 187; 1975 No. 110; 1976 No. 281; 1977 Nos. 225 and 270; and 1978 No. 132.
definition, of ‘ maximum permissible stress ’ in that sub-regulation to a survey authority is a reference to a survey authority as defined in section 187a of the Act.”.
General provisions
2. Regulation 6 of the Navigation (Load Lines) Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:
“ (3) A reference in these Regulations to a ship having reached a stage of construction similar to the laying of a keel shall be read as a reference to the stage of construction of the ship at which—
(a) construction identifiable with the particular ship has begun; and
(b) a portion of the ship, having a mass of not less than—
(i) 50 tonnes; or
(ii) one per cent of the estimated mass of all structural material of the ship as proposed to be completed,
whichever is the less, has been fabricated and finally assembled.”.
Information to be supplied for master
3. Regulation 40 of the Navigation (Load Lines) Regulations is amended by omitting from sub-regulation (1) “ any unacceptable stresses ” and substituting “ an unacceptable stress ”.
Information relating to proposed ships
4. Regulation 40b of the Navigation (Load Lines) Regulations is amended by omitting “ or the construction of the ship otherwise commences ” and substituting “ or the ship reaches a similar stage of construction ”.
Load lines for existing ships
5. Regulation 91 of the Navigation (Load Lines) Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulation:
“ (1) In this regulation, ‘ existing ship ’ means a ship the keel of which was laid, or which reached a similar stage of construction, before the commencement of these Regulations.”.
Information on stability to be carried at all times
6. Regulation 94b of the Navigation (Load Lines) Regulations is amended by omitting sub-regulations (2) and (3) and substituting the following sub-regulations:
“ (2) A ship—
(a) that is registered in a country other than Australia; and
(b) in respect of which there is a valid Load Line Convention certificate or a valid Load Line Convention exemption certificate,
shall at all times while in Australian waters carry such information as is required by the government of the country in which the ship is registered, being information for the purpose of—
(c) enabling the master of the ship to arrange for the loading and unloading of the ship in such a way as to avoid the creation of an unacceptable stress in the ship’s structure; and
(d) giving the master of the ship guidance with respect to the stability of the ship under varying conditions of service.
“ (3) A ship—
(a) that is registered in a country other than Australia; and
(b) in respect of which there is no valid Load Line Convention certificate or valid Load Line Convention exemption certificate,
shall at all times while in Australian waters carry such information as is approved for the purposes of this sub-regulation by notice published in the Gazette, being information for the purpose of—
(c) enabling the master of the ship to arrange for the loading and unloading of the ship in such a way as to avoid the creation of an unacceptable stress in the ship’s structure; and
(d) giving the master of the ship guidance with respect to the stability of the ship under varying conditions of service.
“ (4) An unregistered ship that is not flying the flag of a country shall at all times while in Australian waters carry the information referred to in sub-regulation 40 (1).
“(5) The information carried by a ship referred to in sub-regulation (3) shall be endorsed with the following particulars relating to the ship:
(a) the name;
(b) the official number;
(c) the port of registry;
(d) the gross tonnage;
(e) the register tonnage;
(f) the principal dimensions;
(g) the displacement;
(h) the deadweight; and
(j) the draught to the summer load line.
“ (6) Where sub-regulation (1) has not been complied with in relation to a ship, the owner and the master of the ship are each guilty of an offence against this sub-regulation and are liable, upon conviction, to a penalty not exceeding $200.
“ (7) The master or owner of a ship, being a ship of the kind referred to in sub-regulation (2), (3) or (4), shall not take the ship, or permit the ship to be taken, to sea on a voyage from a port in Australia unless the ship is carrying the information that it is required by this regulation to carry.
Penalty: $200.”.