Navigation (Master and Seamen) Regulations (Amendment)

Legislation au C1977L00228 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 228

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 eighteenth day of November 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Transport

AMENDMENTS OF THE NAVIGATION (MASTER AND SEAMEN) REGULATIONS†

Objections to fines

1. Regulation 16 of the Navigation (Master and Seamen) Regulations is amended by omitting from paragraph (c) of sub-regulation (1) “ and Hobart ” and substituting “ , Hobart, Gladstone, Whyalla, Port Hedland and Darwin ”.

Search of ships— signal to heave to

2. Regulation 20 of the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from paragraph (a) “ WZ of the International Code ” and substituting “ SO, or L, of the International Code of Signals ”;

(b) by omitting from paragraph (a) “ K of the Morse Code (— – —) ” and substituting “ L of the Morse Code (. — . .) ”; and

(c) by omitting from paragraph (b) “ burning of a blue light or flare, followed by the letter K of the Morse Code (— – —) ” and substituting “ letter L of the Morse Code (. — . .) ”.

 

* Notified in the Commonwealth of Australia Gazette on 24 November 1977.

† Statutory Rules 1963, No. 102 as amended by Statutory Rules 1964, No. 8; 1965, No. 111; 1967, No. 90; 1968, No. 117; 1974, No. 83; 1975, Nos. 111 and 114; 1976, No. 282.


Entries in logbook—subsection 171 (1) of the Act

3. Regulation 23 of the Navigation (Master and Seamen) Regulations is amended by omitting “ and these Regulations,” and substituting “ , and by regulations made under the Act,”.

Second Schedule

4. (1) The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting from Part I of Form 3 all words from and including—

“ POSITIONS OF THE DECK LINE AND LOAD LINES ”,

and substituting—

“ POSITIONS OF DECK LINES AND LOAD LINES

 

Freeboard from deck line

Load line

Tropical

.....mm. (inches) (T)

....mm. (inches) above (S)

Summer

.....mm. (inches) (S)

Upper edge of line through centre of ring

Winter

.....mm. (inches) (W)

....mm. (inches) below (S)

Winter

 

 

North Atlantic

.....mm. (inches) (WNA)

 

Timber tropical

.....mm. (inches) (LT)

....mm. (inches) above (LS)

Timber summer

.....mm. (inches) (LS)

....mm. (inches; above (S)

Timber winter

.....mm. (inches) (LW)

....mm. (inches) below (LS)

Timber winter

 

 

North Atlantic

.....mm. (inches) (LWNA)

....mm. (inches) below (LS)

Allowance for fresh water for all freeboards other than timber....mm. (inches). For timber freeboards              mm. (inches).

The upper edge of the deck line from which these freeboards are measured is....mm. (inches)              deck at side.

Maximum draught of water in summer........decimetres (........feet........inches).”.


(2) The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Part III of Form 12 and substituting the following Part:

“ PART III—POSITIONS OF DECK LINES AND LOAD LINES

 

Freeboard from deck line

Load line

Tropical

..........mm. (inches) (T)

........mm. (inches) above (S)

Summer

..........mm. (inches) (b)

Upper edge of line through centre of ring

Winter

........mm. (inches) (W)

.......mm. (inches) below (S)

Winter

 

 

North Atlantic

..........mm. (inches) (WNA)

.......mm. (inches) below (S)

Timber tropical

..........mm. (inches) (LT)

........mm. (inches) above (LS)

Timber summer

..........mm. (inches) (LS)

..........mm. (inches) above (S)

Timber winter

..........mm. (inches) (LW)

..... mm. (inches) below (LS)

Timber winter

 

 

North Atlantic

..........mm. (inches) (LWNA)

..........mm. (inches) below (LS)

Allowance for fresh water for all freeboards other than timber........mm. (inches). For timber freeboards........mm. (inches).

The upper edge of the deck line from which these freeboards are measured is. .........mm. (inches) ........deck at side.

Maximum draught of water in summer.......decimetres (........feet........inches).

Date of entry.........

Signature of master.........”.

(3) The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by omitting Part IV of Form 12 and substituting the following Part:

DEPARTURES

ARRIVALS

 

 

Actual draught of water—

Actual freeboard amidships—

 

Allowances—

 

 

 

 

 

 

Date and hour of departure

Dock, wharf, place or harbour

Forward

Aft

Port

Starboard

Mean

Density of water

For density of water

For fuel and other materials to be consumed traversing inland waters

Total

Mean draught in salt water calculated after making allowances

Mean freeboard amidships in salt water calculated after making allowances

Signatures and date of entry

Date and hour of arrival

Dock, wharf, place or harbour

Signatures and data of entry

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(4) The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by inserting in the table in Part VIII of Form 12, between the column headed “ Nature of Illness or cause and nature of Injury ” and the column headed “ Period or Estimated Period of Incapacity ”, a column headed “ Particulars of treatment given on board ”.

(5) The Second Schedule to the Navigation (Master and Seamen) Regulations is amended by inserting in Part IX of Form 12 between the columns headed “ BOAT DRILLS ” and “ Remarks (f) ” a column headed—

“ LIFE RAFT DRILLS

Equipment used ”.

Further amendments of the Navigation (Master and Seamen) Regulations

5. The Navigation (Master and Seamen) Regulations are amended as set out in the following table:

Provision

Amendment

Sub-regulation 2 (1) .......

Omit “ the First Schedule to these Regulations ”, substitute “ Schedule 1 ”.

Sub-regulation 3 (1) .......

Omit from the definition of “ holiday ” the figures “ —1960 ”.

 

Omit from the definition of “the Act” the figures “ —1961 ”.

Sub-regulation 3 (2) .......

Omit “ the Second Schedule to these Regulations ”, substitute “ Schedule 2 ”.

Regulation 7 ............

Omit “ (a) of sub-section (2) of section 46 and of sub-section (1) of section 115 ”, substitute “ 46 (2) (a) and sub-section 115 (1) ”.

Sub-regulation 8 (1) .......

Omit “ (d) of section 47 and of sub-section (1) of section 52 ”, substitute “ 47 (d) and sub-section 52 (1) ”.

Sub-regulation 8 (3) .......

Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.

Regulation 10 ...........

Omit “ (a) of section 61 ”, substitute “ 61 (a) ”.

Regulation 12 ...........

Omit “ (a) of sub-section (3) of section 70 ”, substitute “ 70 (3) (a) ”.

Regulation 13 ...........

Omit “ (1) of section 76 ”, substitute “ 76 (1) ”.

 

Omit from paragraph (a) “ two ”, substitute “ 2 ”.

Regulation 14 ...........

Omit “ (a) of section 80 ”, substitute “ 80 (a) ”.

Regulation 15 ...........

Omit “ (1) of section 115 ”, substitute “ 115 (1) ”.

Sub-regulation 16 (1) ......

Omit “ (5) or section 115 ”. substitute “ 115 (5) ”.

 

Omit from paragraph (a) “ (3) of section 115 ”, substitute “ 115 (3) ”.

 

Omit from paragraph (a) “ twenty-four ” (wherever occurring), substitute “ 24 ”.

 

Omit from paragraph (a) “ (b) of that sub-section ”, substitute “ 115 (3) (b) of the Act ”.

 

Omit from paragraph (a) “ forty-eight ” (wherever occurring), substitute “ 48 ”.

Sub-regulation 16 (2) ......

Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (1) ”.

 

Omit “ —160 ”.

Sub-regulation 17 (1) ......

Omit “ (8) of section 115 ”, substitute “ 115 (8) ”.

 

Omit from paragraph (b) “ fourteen ”, substitute “ 14 ”.

Sub-regulation 17 (2) ......

Omit “ (8) of section 11 5”, substitute ” 115 (8) ”.

 

Omit from paragraph (b) “ twenty-eight ”, substitute “ 28 ”.

 


Provision

Amendment

Sub-regulation 17 (3) ......

Omit from paragraph (a) “ log book ”, substitute “ log-book ”.

 

Omit from paragraph (b) “ log book ” substitute “ log-book ”.

Regulation 18 ...........

Omit “ (a) of sub-section (1) of section 148c ”, substitute “148c (1) (a)”.

Regulation 20 ...........

Omit “ (b) of sub-section (2) of section 164 ”, substitute “ 164 (2) (b) ”.

Regulation 22 ...........

Omit “ (1) of section 171 ”, substitute “ 171 (1) ”.

Sub-regulation 25 (1) ......

Omit “ paragraph (d) of sub-section (1) and paragraph (b) of sub-section (2) of section 417 ”, substitute “ paragraphs 417 (1) (d) and 417 (2) (b) ”.

Sub-regulation 25 (2) ......

Omit “ (4) of section 417 ”, substitute “ 417 (4) ”.

Sub-regulation 27 (1) ......

Omit “ of this regulation ”.

Sub-regulation 27 (3) ......

Omit “ the last preceding sub-regulation ”, substitute “ sub-regulation (2) ”.

Sub-regulation 27 (4) ......

Omit “ of this regulation ” (wherever occurring).

Regulation 28 ...........

Omit “ (2), (4), (5) or (6), as the case requires, of the last preceding regulation ”, substitute “ 27 (2), (4), (5) or (6), as the case requires ”.

Regulation 30 ...........

Omit “ four ”, substitute “ 4 ”.

Regulation 31 ...........

Omit “ four ”, substitute “ 4 ”.

Regulation 32 ...........

Omit “ the last two preceding regulations ”, substitute “ regulations 30 and 31 ”.

Heading “THE SCHEDULES” preceding the First Schedule

Repeal.

First Schedule ...........

Omit “ FIRST SCHEDULE ”, substitute “ SCHEDULE 1 ”.

Second Schedule .........

Omit “ SECOND SCHEDULE ”, substitute “ SCHEDULE 2 ”.

 

Omit from the table in paragraph 7 of Part II of Form 3 “ Ten dollars ” (wherever occurring), substitute “ $10 ”.

 

Omit from the table in paragraph 7 of Part 11 of Form 3 “ One dollar ”, substitute “ $1 ”.

 

Omit from the table in paragraph 7 of Part II of Form 3 “ Two dollars ” (wherever occurring), substitute “ $2 ”.

 

Omit from the table in paragraph 7 of Part II of Form 3 “ Four dollars ”, substitute “ $4 ”.

 

Omit from the table in paragraph 7 of Part II of Form 3 “ Two days ’ ” (wherever occurring), substitute “ 2 days ’ ”,

 

Omit from paragraph 9 of Part II of Form 3 “ —19 ”.

 

Omit from Form 13—

 

“ sub-section (1) of section 417 of the ”,

 

sub-section (2)

 

substitute—

 

“ sub-section 417 (1) of the ”,

 

sub-section 417 (2)

 

Omit from Form 13 “—19 ”.

 

Overview

Statutory Rules 1977 No. 228, enacted under the Navigation Act 1912, were introduced to address and rectify certain inconsistencies and update various regulatory provisions within the Navigation (Master and Seamen) Regulations. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and they aim to streamline and modernise the regulatory framework governing maritime operations, thereby enhancing maritime safety and efficiency. The key amendments include the expansion of ports where objections to fines can be lodged, adjustments to the signal procedures for ships to heave to, and modifications to the logbook entries and forms to reflect current maritime standards and practices.

Scope and Application

Statutory Rules 1977 No. 228, made under the Navigation Act 1912, amends the Navigation (Master and Seamen) Regulations to update and refine certain provisions related to maritime operations and safety within Australian jurisdiction. These regulations primarily apply to ship masters and seamen operating on vessels navigating Australian waters, thereby encompassing a range of maritime activities and transactions within the scope of the Navigation Act. The amendments extend to various aspects of maritime conduct, including procedures for objections to fines, signalling protocols for ships, and specific entries in logbooks, thereby ensuring compliance with maritime safety and operational standards. The regulations cover national waters, including territorial seas and internal waters, ensuring uniform application across the Commonwealth. There are no specific exclusions or thresholds mentioned in these amendments; however, the regulations' application may be further extended or restricted through subordinate instruments issued under the authority of the Navigation Act.

Key Provisions

The Statutory Rules 1977 No. 228, made under the Navigation Act 1912, introduce several amendments to the Navigation (Master and Seamen) Regulations. These amendments modify existing regulations to update the procedural and operational guidelines for maritime activities. Regulation 16, which deals with objections to fines, is expanded to include additional ports: Hobart, Gladstone, Whyalla, Port Hedland, and Darwin. Regulation 20, concerning the search of ships and signals to heave to, updates the signal references from "WZ" to "SO, or L" in the International Code of Signals and changes the Morse Code reference from "K" to "L". Regulation 23, which pertains to logbook entries, is updated to clarify the scope of regulation applicability by substituting "and by regulations made under the Act" for "and these Regulations". These regulations impose obligations on the master of a ship and the crew to comply with the updated procedures for objections to fines, signals to heave to, and logbook entries. The amendments necessitate that masters and seamen adhere to the new port inclusions in objections to fines, use the revised signal references for searches and heave-to commands, and ensure that logbook entries conform to the updated regulatory framework. Failure to comply with these regulations can result in legal consequences. The Navigation Act 1912, under which these regulations are made, provides for various offences and penalties. While specific penalties are not detailed in these regulations, breaches of maritime laws typically result in fines, imprisonment, or both, depending on the severity of the offence. The precise penalties are usually outlined in the primary legislation or subsidiary regulations that pertain to specific infractions.

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