Navigation (Loading and Unloading—Safety Measures) Regulations (Amendment)

Overview

The Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) Statutory Rule No. 253 of 1985, issued under the authority of the Minister of State for Transport, amends the Navigation (Loading and Unloading - Safety Measures) Regulations. This amendment to the Navigation Act 1912 addresses the need to adjust fees and charges payable under the Act to reflect cost increases since the last adjustment in December 1984. The overarching policy objective of the Australian Government is cost recovery in relation to services provided to the maritime industry. The amendments involve an across-the-board increase of approximately 10 per cent, with the new fees coming into effect on 1 October 1985. The amendments to the Navigation (Loading and Unloading - Safety Measures) Regulations specifically increase the fees payable for the inspection of cargo gear of a ship and other fees related to after-hours attendance, cancelled services, waiting time, and travel and subsistence expenses. These changes are in line with the broader amendments to various other navigation regulations, all aiming to align fees with the movement in costs since December 1984, except for three specific regulations that cover costs since October 1981.

Scope and Application

The Navigation Act 1912, through Statutory Rule No. 253 of 1985, governs maritime activities within Australian waters, including the regulation of fees for services provided to the maritime industry. The Act applies to all persons and entities engaged in maritime activities, such as shipping companies, ship owners, masters, and seamen, operating within Australia's territorial waters and beyond as required by international agreements. The scope of the Act encompasses various aspects of maritime operations, including cargo handling, vessel construction, and safety measures for loading and unloading. The Act's jurisdiction extends federally across Australia, ensuring uniform standards and regulations for maritime conduct. The amendments to the various subsidiary regulations adjust fees to reflect cost changes since the last update in 1984, with a few exceptions that account for costs since 1981. These amendments, which apply from 1 October 1985, aim to ensure the financial sustainability of maritime regulation by aligning fees with current economic conditions, while maintaining the integrity and safety of maritime operations.

Key Provisions

The main operative sections of the Navigation (Loading and Unloading - Safety Measures) Regulations (Amendment) (Attachment 6) involve increasing the fees payable to the Commonwealth for various maritime services. Specifically, Regulation 1 sets the commencement date for these new fees as 1 October 1985, while Regulation 2 specifies the new fee amounts. For instance, under Regulation 77(1), the fee for inspection of cargo gear increases from $156 to $172, and under Regulation 77(2)(a), the fee for after-hours attendance rises from $208 to $229. These amendments reflect an overall approximately 10% increase, intended to align with the rising costs associated with providing these services. The obligations and requirements imposed by the amended regulations are primarily financial. Maritime industry stakeholders must now pay the higher fees for services such as inspection of cargo gear, after-hours attendance, and other specified services. These updated fees are necessary to ensure cost recovery for the services provided by the Commonwealth under the Navigation Act 1912. The amendments require prompt compliance from all parties involved, including shipping companies, port authorities, and individual maritime workers, to adhere to the new fee structures. Any breach of the amended regulations could result in civil or criminal consequences. Although the specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance with the new fee structures could lead to fines or other penalties as stipulated by the Navigation Act 1912. The exact penalties would depend on the nature and severity of the breach, but they are likely to be proportionate to the financial impact of the non-compliance. Given the nature of the amendments, it is likely that penalties could include financial sanctions, which may vary based on the specific regulation breached and the extent of non-compliance.