Navigation (Manning and Coasting Trade) Regulations (Amendment)

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Statutory Rules

1979 No. 202

REGULATIONS UNDER THE NAVIGATION ACT 19121

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 twentieth day of September 1979.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

 

PETER NIXON

Minister of State for Transport

_______________

AMENDMENTS OF THE NAVIGATION (MANNING AND
COASTING TRADE) REGULATIONS2

1 Commencement

  These Regulations shall come into operation on 1 October 1979.

2.  Regulation 25 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation substituted:

 Permits to unlicensed ships to engage in coasting trade

“25. (1) The owner, charterer, master or agent of a ship that is not licensed to engage in the coasting trade may–

 (a) make an application for the grant of a permit under section 286 of the Act for the ship to engage in the coasting trade;

 (b) at any time before the grant of such a permit, make an application for the amendment of the application referred to in paragraph (a) in relation to that permit; or

 (c) make an application for the amendment of a permit granted in respect of the ship under section 286 of the Act.

 “(2) An application referred to in sub-regulation (1)–

 (a) shall be in writing;

 (b) shall specify–

 (i) in the case of an application referred to in paragraph (1) (a)–the name, port of registry and official number of the ship, the names of her registered owner and master, the ports between which it is desired to trade and whether the permit is desired for the carriage of passengers or cargo or of both; or

 (ii) in the case of an application for the amendment of an application or a permit–the particulars of the amendment to be effected; and

 (c) shall be delivered–

 (i) where the application is in respect of a permit for a single voyage–to an authorized officer; or

 (ii) where the application is in respect of a continuing permit–to the Secretary, Department of Transport, Canberra.

 “(3) A permit for a single voyage shall be in accordance with Form M.A.C.T.–4 and a continuing permit in accordance with Form M.A.C.T.–5.

 “(4) A person shall, on making an application under sub-regulation (1), pay the fee prescribed in respect of the application.

 “(5) For the purposes of sub-regulation (4), each of the following fees is prescribed:

 (a) in respect of an application referred to in paragraph (1) (a) in relation to a permit for a single voyage, being a permit in respect of the carriage of passengers–$5;

 (b) in respect of an application referred to in paragraph (1) (a), (b) or (c) in relation to a permit for a single voyage, being a permit in respect of the carriage of cargo–

 (i) if sub-paragraph (ii) does not apply–

 (A) where no ship that is suitably constructed to carry the cargo is licensed under section 288 of the Act to engage in the coasting trade–$15;

 (B) in any other case–$75;

 (ii) if the issue of the permit or the amended permit (as the case may be) is required before the expiration of the work day next following the day on which the application is made–

 (A) where no ship that is suitably constructed to carry the cargo is licensed under section 288 of the Act to engage in the coasting trade–$30; and

 (B) in any other case–$150;

 (c) in respect of an application referred to in paragraph (1) (a) in relation to a continuing permit–$250.

 “(6) In sub-paragraph (5) (b) (ii), ‘work day’, in relation to an application under sub‑regulation (1), means a day on which the office of the authorized officer to whom the application is delivered is open for public business.”.

3 Applications for exemption under section 422A of the Act

  Regulation 26 of the Navigation (Manning and Coasting Trade) Regulations is amended by omitting from sub-regulation (2) “Two dollars” and substituting “$5”.

4 Refund of fee

  Regulation 27 of the Navigation Manning and Coasting Trade) Regulations is amended by omitting sub-regulation (2).

5.  Regulation 30 of the Navigation (Manning and Coasting Trade) Regulations is repealed and the following regulation substituted:

 Licence fees

 “30. A person making an application under regulation 28 or 29 shall pay–

 (a) where the application is made on or before 30 June in a year for the issue of a licence in respect of a period ending on 30 June in that year–a fee of $2.50; and

 (b) in any other case–a fee of $5.”.

6 Repeal of regulation 33

  Regulation 33 of the Navigation (Manning and Coasting Trade) Regulations is repealed.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 September 1979.

2. Statutory Rules 1937 No. 104 as amended by Statutory Rules 1938 No. 78; 1940 No. 97; 1941 Nos. 5 and 23; 1942 Nos. 209 and 520; 1944 No. 133; 1945 No. 39; 1947 No. 30; 1948 No. 112; 1950 No. 90; 1953 No. 80; 1954 No. 39; 1963 No. 97; 1971 No. 63; 1974 No. 83; 1975 No. 114; and 1978 No. 133.

 

Overview

The Navigation (Manning and Coasting Trade) Regulations 1979, made under the Navigation Act 1912, were enacted to streamline the regulatory framework governing the coasting trade within Australian waters. These regulations aimed to address administrative inefficiencies and provide clearer guidelines for the licensing and permitting processes for ships engaged in the coasting trade. Enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations came into effect on 1 October 1979. The policy objective was to ensure that the coasting trade could operate smoothly while maintaining safety and regulatory standards, thereby facilitating maritime commerce within Australian territorial waters.

Scope and Application

The Navigation (Manning and Coasting Trade) Regulations, made under the Navigation Act 1912, regulate the permit and licence requirements for ships engaged in the coasting trade, which refers to the transportation of passengers or cargo between ports within Australia. These regulations apply to ship owners, charterers, masters, and agents who wish to operate unlicensed ships in the coasting trade. The geographic scope of these regulations is limited to Australia, and they apply to both Commonwealth and state waters. These regulations do not specify any exclusions or exemptions, but they do outline fees for permit applications, including different fees for single voyage and continuing permits, as well as for applications made on regular or expedited timelines. The application and amendment processes for these permits, along with the associated fees, are detailed in the regulations, which also include a refund policy for certain applications.

Key Provisions

The statutory rules, made under the Navigation Act 1912, set out several key provisions concerning the application process for permits and licenses related to the coasting trade. Regulation 25 outlines the process for unlicensed ships to apply for permits to engage in coasting trade, specifying the content and submission details of the application (Regulation 25(1)-(3)). It also details the fees payable for different types of applications, including those for single voyages or continuing permits (Regulation 25(5)). Additionally, the rules address applications for exemptions under section 422A of the Act, modifying the fee from two dollars to five dollars (Regulation 26). The rules also update the fee structure for license applications, setting the fee at $2.50 if the application is made by 30 June in a year, and $5 otherwise (Regulation 30). Regulation 33, which previously specified certain fees, is repealed (Regulation 33). These regulations impose several obligations on the parties involved. Owners, charterers, masters, or agents of ships not licensed to engage in the coasting trade must submit written applications for permits, specifying details such as the ship's name, port of registry, and intended trade routes (Regulation 25(2)). These applications must be submitted to either an authorised officer or the Secretary of the Department of Transport, depending on whether the permit is for a single voyage or a continuing permit (Regulation 25(2)(c)). The fees for these applications are prescribed, and applicants must pay the appropriate fee at the time of submission (Regulation 25(4) and (5)). The regulations also establish penalties and consequences for non-compliance. Failure to submit the required written applications or pay the prescribed fees could result in legal consequences. While the regulations do not explicitly state penalties for non-compliance, under the Navigation Act 1912, unauthorised trading in the coasting trade can attract significant penalties. The maximum penalties under the Act for engaging in the coasting trade without a valid permit include fines of up to $12,600 for individuals and $63,000 for corporations, as well as potential imprisonment. These penalties reflect the seriousness with which the law treats unauthorised maritime activities.

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Maritime Law
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Commencement Provisions
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