Navigation (Manning and Accommodation) Regulations (Amendment)

Legislation au C1922L00118 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1922. No. 118.

 

REGULATIONS UNDER THE NAVIGATION ACT 1912-1920.

I, THE DEPUTY OF THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1920, to come into operation forthwith.

Dated this twenty-third day of August, 1922.

W. H. IRVINE,

Deputy of the Governor-General.

By His Excellency’s Command,

ARTHUR S. RODGERS,

Minister of State for Trade and Customs.

 

Amendment of Navigation (Manning and Accommodation) Regulations.

(Statutory Rules 1921, No. 84, as amended by Statutory Rules 1921, Nos. 195, 211, 241, and by Statutory Rules 1922, Nos. 40 and 64.)

Amendment of Reg. 3a.

1. Regulation 3a of the Navigation (Manning and Accommodation) Regulations is amended by omitting from the table therein the item “Karoola, Melbourne, 6*” and inserting in its stead the following item :—“Karoola, Melbourne, 7*’

2. After regulation 3a of the Navigation (Manning and Accommodation) Regulations 1921, the following regulations are inserted:—

Engine room officers to be carried by certain ships.

“3b. Until otherwise prescribed, the number of engine room officers to be carried by the undermentioned ships shall, in lieu of the number prescribed by Schedule I. to the Act, be as follows :—

Name of Ship.

Part of Registry.

Engineers.

Kanna..........................

Dunedin...............

4

(a) Koolonga.......................

London................

4

(a) Whilst engaged within the Australian trade limits.

Carriage of mates on certain vessels under 100 tons.

“3c. Until the date of the commencement of section 15 of the Act, sailing vessels under 100 tons net register, engaged wholly in trading between any two or more of the following ports, viz., Melbourne, Port Adelaide, and any port in the State of Tasmania, including any port lying between any two of those ports, may go to sea without a duly certificated mate, subject to the condition that in each case the Director or an officer appointed by him for the purpose is satisfied :—

(a) that no duly certificated mate is available for engagement;

(b) that one member of the crew, other than the master, possesses the knowledge necessary to relieve the master while at sea;

and has issued to the master, owner, or agent a certificate that he is so satisfied.

 

Amendment of Reg. 5a.

3. Regulation 5a of the Navigation (Manning and Accommodation) Regulations 1921 is amended by omitting from the table in sub-regulation (1) thereof, the item “Karoola, Melbourne, 18, 12” and inserting in its stead, the following item, “Karoola, Melbourne, 18, 9”.

4. After regulation 5dd of the Navigation (Manning and Accommodation) Regulations 1921, the following regulation is inserted:—

Firemen and trimmers to be carried by certain ships.

“5de. Until otherwise prescribed, the number of firemen and trimmers to be carried by the undermentioned ships shall, in lieu of the number of those ratings prescribed by Schedule II. to the Act, be as follows :—.

Name of Ship.

Port of Registry.

Firemen.

Trimmers.

(a) Chillagoe...............

Melbourne...............

6

..

(a) Cycle..................

Melbourne...............

9

3

Kittawa.................

Dunedin.................

3

3

Koolonga...............

London.................

9

6

Moira..................

Brisbane.................

6

..*

(a) Whilst engaged within the Australian trade limits.

* Subject to the condition that one trimmer shall be carried in addition, whilst the ship is engaged in voyages other than between Sydney and Rockhampton, exceeding 760 miles.

5. After regulation 5e of the Navigation (Manning and Accommodation) Regulations 1921, the following regulation is inserted:—

Greasers to be carried by certain ships.

“5ea. Until otherwise prescribed, the number of greasers to be carried by the undermentioned ships shall, in lieu of the number prescribed by Schedule II. to the Act or by sub-regulation (2) of regulation 3 of these regulations, as the case may be, be as follows:—

Name of Ship.

Port of Registry.

Greasers.

Donkeyman Greasers.

Araluen................

London..................

2

1

(a) Bulga..................

London..................

..

1*

Bulla..................

London..................

3

1

Calulu.................

London..................

2

1

Carina.................

London..................

2

1

Cooee..................

London..................

2

1

Dongarra...............

London..................

2

1

Gilgai..................

London..................

2

1

Kanna.................

Dunedin.................

1

..

Kittawa.................

Dunedin.................

1

..

Parattah................

London..................

2

1

(a) Whilst engaged in trading on the Australian coast, including Tasmania, or in trading to New Zealand.

* Subject to the condition that two greasers shall be carried in addition, whilst the vessel is engaged is the Pacific Island trade, but not including New Zealand.

6. After regulation 5ff of the Navigation (Manning and Accommodation) Regulations 1921, the following regulation is inserted:—

Deck hands to be carried by certain ships.

“5fg. Until otherwise prescribed, the number of seamen to be carried by the, undermentioned ships as deck hands shall, in lieu of the number prescribed by Schedule II. to the Act, be as follows:—

Name of Ship.

Port of .Registry.

Able Seaman.

Ordinary Seamen.

Boys.

Bopple..............

Maryborough..........

3

1

..

Cycle...............

Melbourne............

11

1

1

(a) Gabo...............

Hong Kong...........

6

..

1

Hopewell............

Maryborough..........

3

1

..

Ihumata.............

Sydney..............

6

..

..

Inga................

Sydney..............

6

..

..

(b) Iron Baron...........

Sydney..............

9

..

..

(b) Iron Monarch.........

Sydney..............

10

..

..

(b) Iron Prince...........

Sydney..............

9

..

..

Joan Craig...........

Sydney..............

6

..

..

Kangaroo............

Fremantle............

11

1

3

Maindy Lodge.........

Cardiff..............

8

..

..

Mawatta.............

London..............

 

1

1

Omana..............

Sydney..............

9

..

..

Taviuni..............

London..............

7

..

..

Timaru..............

Dunedin.............

4

..

..

(b) Westborough..........

Sydney..............

9

1

..

Wyreema.............

Melbourne............

15

1

1

(a) Subject to the condition that the vessel carries apprentices.

(b) Whilst engaged in the iron are trade on the Australian coast.

7. After regulation 5g of the Navigation (Manning and Accommodation) Regulations 1921, the following regulation is inserted:—

Boiler attendants to be carried by certain ships.

“5ga. Until otherwise prescribed, the number of boiler attendants to be carried by the undermentioned oil burning ships, in lien of firemen and trimmers rated as such, shall be as follows :—

Name of Ship.

Port of Registry.

Boiler Attendants.

Esperance Bay..........................

Fremantle..................

9

Hobson’s Bay...........................

Melbourne.................

9

Jervis Bay.............................

Sydney....................

9

Largs Bay.............................

Port Adelaide...............

9

8. Regulation 5h of the Navigation (Manning and Accommodation) Regulations is repealed, and the following regulation is inserted in its stead :—

Shipwrights or ship’s carpenters on certain ships.

“5h. (1) Until otherwise prescribed, the undermentioned ships shall carry shipwrights or ship’s carpenters as under :•—

Name of Ship.

Port of Registry.

Shipwright or Ship’s Carpenter.

(a) Taviuni............................

London...................

1

Kangaroo..........................

Fremantle..................

1

(a) Whilst trading between Sydney or Newcastle and Hobart.

(2) Until, otherwise prescribed, the undermentioned ships shall not be required to carry shipwrights or ship’s carpenters whilst trading within the limits and complying with the conditions specified hereunder viz. :—

Name of Ship.

Port of Registry.

Limits of Trade and Conditions of Exemption.

Mourilyan..........

Melbourne..........

Whilst trading to and fro between Port Douglas and Townsville in the State of Queensland or whilst proceeding from Townsville to Sydney or Melbourne for overhaul and return

Omana............

Sydney............

..

Werribee...........

Melbourne..........

Whilst trading between Melbourne and Newcastle subject to the condition that at least twelve spare wooden hatches, all of a size equal to the largest hatch cover used on the ship, shall be carried on board whenever the ship leaves her home port

“(3) Subject to sub-regulations (1) and (2) of this regulation, steel and iron steam-ships not carrying more than ten passengers and not exceeding 2,000 tons net registered tonnage, shall not be required to carry shipwrights or ship’s carpenters whilst trading exclusively between any two or more of the following ports, viz., the ports on the Australian coast (including the coast of Tasmania) between Cairns, in the State of Queensland, as the most northerly port, and the most westerly port in Spencer’s Gulf, in the State of South Australia.

Provided that at least twelve spare wooden hatches, all of a size equal to the largest hatch cover used on the ship shall be carried on board each ship whenever she leaves her home port.”

[N.22/2882.]

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Navigation (Manning and Accommodation) Regulations 1922, enacted under the Navigation Act 1912-1920, were introduced to address the need for updating and specifying the requirements for the manning and accommodation standards on certain ships operating within Australian trade limits and in certain international trades. These regulations were made under the authority of the Commonwealth of Australia and were intended to enhance maritime safety and operational efficiency by prescribing the specific number of crew members required for various types of vessels. The policy objective behind these regulations was to ensure that ships were adequately manned to meet safety standards and operational demands while also providing flexibility for certain vessels based on their specific trading routes and conditions. These amendments aimed to provide a more tailored approach to manning requirements, balancing the need for safety with practical considerations of crew availability and operational requirements.

Scope and Application

The Navigation (Manning and Accommodation) Regulations 1922, made under the Navigation Act 1912-1920, govern the manning requirements for various categories of ships operating within Australian waters and beyond. These regulations specify the number of officers, crew members, and support staff that must be on board certain ships, depending on their size, type, and the nature of their voyages. They apply to ships registered in Australia and those foreign vessels operating within Australian trade limits. The regulations include detailed provisions for engine room officers, mates, firemen, trimmers, greasers, deck hands, boiler attendants, and shipwrights or ship’s carpenters, with specific requirements for each category. Some ships are exempt from certain manning requirements if they meet particular conditions, such as carrying a specified number of spare wooden hatches. These regulations extend and detail the application of the principal Act by providing specific instructions on manning levels and conditions for ships operating in defined maritime zones.

Key Provisions

The Regulations under the Navigation Act 1912-1920 introduce specific requirements for the manning and accommodation of certain ships, modifying and adding to existing regulations. Section 3a of the Navigation (Manning and Accommodation) Regulations now specifies that the ship "Karoola" based in Melbourne must carry seven crew members instead of six, as previously stated. Furthermore, section 3b mandates that certain ships such as "Kanna" and "Koolonga" must carry four engineers while engaged within Australian trade limits, instead of the number prescribed by Schedule I of the Act. Section 3c allows sailing vessels under 100 tons net register, trading between Melbourne, Port Adelaide, and Tasmanian ports, to operate without a certificated mate if specific conditions are met, such as the availability of a crew member capable of relieving the master at sea. These regulations impose several obligations on the parties involved. Ship owners and operators must ensure that the specified number of crew members, including engineers, mates, firemen, trimmers, greasers, deck hands, and boiler attendants, are on board as required by the regulations. For example, ships like "Chillagoe" and "Cycle" must carry a specific number of firemen and trimmers, while vessels like "Araluen" and "Bulga" must carry a certain number of greasers when engaged in Australian or Pacific Island trades. Additionally, steel and iron steamships not carrying more than ten passengers and not exceeding 2,000 tons net registered tonnage may be exempt from carrying shipwrights or ship’s carpenters under certain conditions, such as trading exclusively between specified Australian ports. Violation of these regulations can lead to various penalties and consequences. Under the Navigation Act 1912-1920, failure to comply with the specified manning requirements can result in legal action, fines, and potential criminal charges. The exact penalties for non-compliance are not detailed in the legislative instrument but typically include fines and imprisonment as stipulated by the primary Act. The severity of penalties may depend on the nature and extent of the breach, with more serious violations potentially leading to higher fines and longer prison sentences.

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