EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 229
Issued under the authority of the Minister for Transport and Regional Services
Navigation Act 1912
Navigation (Miscellaneous Repeal) Regulations 2006
Subsection 425(1) of the Navigation Act 1912 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations repealed a number of obsolete or redundant regulations made previously under the Act.
The Navigation (Limitation of Shipowners’ Liability) Regulations have been repealed since the requirements that were within these Regulations are provided for under Part XA of the Act. Therefore, the Regulations had no application.
The Navigation (Protection of the Sea) Regulations have been repealed since the relevant requirements are now covered in Marine Orders, making the Regulations redundant.
The Navigation (River Murray Traffic) Regulations 1936 have been repealed since amendments to the Act in 1981 removed the application of these Regulations to internal waters. As such, these regulations had no application.
The Navigation (Wrecks and Salvage) Regulations have been repealed since they no longer had any application. Regulation 2 of these Regulations prescribed fees and expenses for attendance of a Receiver of Wrecks or the Receiver’s agent at a wreck. There is no requirement in the Act for fees to be prescribed for these purposes. If any fees are to be imposed, they are to be included in an Australian Maritime Safety Authority fee determination made under section 47 of the Australian Maritime Safety Authority Act 1990. In addition, regulations 3 and 4 of these Regulations were made for the purposes of section 324 of the Act, which was repealed in 1995.
Details of the Regulations are set out in the Attachment.
The Regulations are part of an on-going review of maritime regulations to bring them up to date.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commenced on the day after registration on the Federal Register of Legislative Instruments.
ATTACHMENT
DETAILS OF THE NAVIGATION (MISCELLANEOUS REPEAL) REGULATIONS 2006
Regulation 1 – Name of Regulations
Regulation 1 is a formal provision specifying the name of the Regulations.
Regulation 2 – Commencement
Regulation 2 provides that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Repeal
Regulation 3 repeals the Navigation (Limitation of Shipowners’ Liability) Regulations, the Navigation (Protection of the Sea) Regulations, the Navigation (River Murray Traffic) Regulations 1936 and the Navigation (Wrecks and Salvage) Regulations.
Overview
The Navigation (Miscellaneous Repeal) Regulations 2006 were enacted to streamline and update maritime regulations under the Navigation Act 1912. These regulations, issued under the authority of the Minister for Transport and Regional Services, address the problem of outdated and redundant maritime regulations by repealing several obsolete regulations. The policy objective of these repeals is to ensure that maritime laws remain current and effective, without unnecessary administrative burdens. The regulations themselves are a part of an ongoing review process designed to keep maritime regulations aligned with contemporary requirements.
The enacting body responsible for these regulations is the Parliament of Australia, with the intent to simplify and modernise the legislative framework governing navigation. The regulations do not impose specific conditions for their enactment, and they are considered a legislative instrument under the Legislative Instruments Act 2003. As these amendments are of a minor or machinery nature, no formal consultation was deemed necessary. The regulations came into effect on the day following their registration on the Federal Register of Legislative Instruments.
Scope and Application
The Navigation (Miscellaneous Repeal) Regulations 2006 apply to the provisions of the Navigation Act 1912, targeting the repeal of several previously established regulations to ensure the Act remains current and relevant. The repealed regulations include the Navigation (Limitation of Shipowners’ Liability) Regulations, the Navigation (Protection of the Sea) Regulations, the Navigation (River Murray Traffic) Regulations 1936, and the Navigation (Wrecks and Salvage) Regulations. These repealed regulations no longer have any application due to subsequent amendments to the Act and the creation of Marine Orders, as well as changes in the Australian Maritime Safety Authority Act 1990 which now handles fee determinations for maritime purposes. The Regulations themselves apply to the Commonwealth of Australia and are enacted under the authority of the Minister for Transport and Regional Services. There are no specified exclusions, exemptions, or thresholds within these Regulations, and they are considered minor or machinery changes, thereby not requiring formal consultation. The Regulations commenced on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Navigation (Miscellaneous Repeal) Regulations 2006 (Regulations) serve to repeal several outdated or redundant regulations under the Navigation Act 1912 (Act). This includes the Navigation (Limitation of Shipowners’ Liability) Regulations, the Navigation (Protection of the Sea) Regulations, the Navigation (River Murray Traffic) Regulations 1936, and the Navigation (Wrecks and Salvage) Regulations (Reg. 3). The primary objective of these Regulations is to streamline maritime laws by eliminating obsolete regulations that no longer apply or have been superseded by other legislative measures.
The Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, as stipulated in subsection 425(1) (Reg. 1). The Regulations themselves specify no conditions that need to be met before this power can be exercised. These Regulations are part of an ongoing review to update maritime regulations, ensuring they remain relevant and effective. The Regulations came into effect on the day after their registration on the Federal Register of Legislative Instruments (Reg. 2).
Entities and parties governed by the Act must comply with the new streamlined regulations. The repeal of the aforementioned regulations means that any obligations previously set out in those regulations are no longer applicable. For instance, any fees prescribed for the attendance of a Receiver of Wrecks or their agent at a wreck, previously outlined in the Navigation (Wrecks and Salvage) Regulations, are no longer regulated under these Regulations. Instead, any such fees should now be included in a fee determination made by the Australian Maritime Safety Authority under section 47 of the Australian Maritime Safety Authority Act 1990.
There are no specific offences, penalties, or consequences outlined for the breach of these Regulations, as their primary function is to repeal and tidy up existing laws rather than introduce new enforcement measures. However, any activities previously governed by the repealed regulations must now comply with the updated or alternative legislative frameworks, including the Act itself or other relevant maritime laws.