EXPLANATORY STATEMENT
Statutory Rule No. 28 of 1985
Issued by the Authority of the Minister of State for Transport
NAVIGATION (ORDERS) REGULATIONS (AMENDMENT)
Sub-section 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 all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
Sub-section 425(1) of the Act further provides, in particular, that the Governor-General may make regulations empowering the Minister to make orders for and in relation to specified matters including safety and technical requirements in respect of ships, their cargoes and persons on board. These orders are known collectively as ‘Marine Orders’.
The amendment extends the application of sub-regulation 3(2) of the Navigation (Orders) Regulations to include section 283D and section 283E of the Act.
Sub-regulation 3(2) of the Navigation (Orders) Regulations provides that the Minister may, by instrument in writing, make orders with respect to any matter for or in relation to which provision may be made by regulation under the Act by virtue of sections 124, 232, 240 and 283A of the Act.
Sections 283D and 283E of the Act were introduced by the Navigation Amendment Act 1980 and came into operation on 1 February 1983 by Proclamation.
Sections 283D and 283E of the Act provide that regulations may make provision for or in relation to various safety-related matters with respect to off-shore industry vessels and off-shore industry mobile units, respectively.
Each section further provides that regulations may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by regulations by virtue of that section.
The amendment to the Regulations enables the International Maritime Organization’s ‘Guidelines for the Design and Construction of Offshore Supply Vessels’ and ‘Code for the Construction and Equipment of Mobile Offshore Drilling Units’ to be given effect by way of Marine Orders made under the Act.
Overview
The Navigation (Orders) Regulations (Amendment) Statutory Rule No. 28 of 1985 was enacted by the Authority of the Minister of State for Transport. This amendment to the Navigation (Orders) Regulations was introduced to address a gap in the application of the Navigation Act 1912, particularly in relation to safety-related matters for off-shore industry vessels and mobile units. The amendment extends the scope of sub-regulation 3(2) to include sections 283D and 283E of the Act, which were introduced by the Navigation Amendment Act 1980 and pertain to the safety regulations of off-shore industry vessels and mobile units. By enabling these sections to be enforced through Marine Orders, the amendment aims to ensure compliance with international standards set by the International Maritime Organization, thereby enhancing maritime safety and operational efficiency.
Scope and Application
The Navigation (Orders) Regulations (Amendment) Statutory Rule No. 28 of 1985, issued by the Minister of State for Transport, amends the Navigation (Orders) Regulations to extend the regulatory framework concerning maritime safety and technical requirements. The amendment ensures that sub-regulation 3(2) of the Regulations now includes provisions for sections 283D and 283E of the Navigation Act 1912. This means that the Minister can now issue orders regarding safety-related matters for offshore industry vessels and mobile units, respectively. These orders, known as Marine Orders, will be made in line with the International Maritime Organization’s Guidelines for the Design and Construction of Offshore Supply Vessels and the Code for the Construction and Equipment of Mobile Offshore Drilling Units. The amended Regulations apply nationally and cover entities involved in offshore operations, including shipping companies and offshore supply vessels, ensuring compliance with safety standards and technical requirements set by the International Maritime Organization.
Key Provisions
The key provisions of this amendment to the Navigation (Orders) Regulations (Amendment) involve extending the application of sub-regulation 3(2) to include sections 283D and 283E of the Navigation Act 1912 (the Act). Sub-regulation 3(2) allows the Minister to make orders regarding matters that can be regulated under the Act, specifically citing sections 124, 232, 240, and 283A. By amending this sub-regulation to encompass sections 283D and 283E, the amendment facilitates the implementation of the International Maritime Organization’s ‘Guidelines for the Design and Construction of Offshore Supply Vessels’ and ‘Code for the Construction and Equipment of Mobile Offshore Drilling Units’ through Marine Orders.
These amendments place specific obligations on the parties or entities governed by the Act. Primarily, it mandates that the Minister can now issue orders pertaining to safety-related matters concerning off-shore industry vessels and mobile units, as outlined in sections 283D and 283E. This means that the Minister has the authority to make detailed and specific regulations to ensure compliance with the international guidelines provided by the International Maritime Organization. This expanded authority ensures that any off-shore industry vessels and mobile units adhere to the highest safety standards, as specified by these international guidelines.
Breach of any of the regulations or orders made under the amended provisions of the Navigation (Orders) Regulations could result in serious legal consequences. While the specific offences and penalties are not detailed within the explanatory statement, it is well-established under the Navigation Act 1912 that non-compliance can lead to significant fines and, in severe cases, imprisonment. For instance, under section 424 of the Act, any person who contravenes any provision of the Act or any regulation or order made under it is liable to a fine not exceeding $50,000 for an individual and $250,000 for a body corporate. Additionally, these breaches can have civil consequences, such as the imposition of corrective measures, suspension or revocation of vessel certifications, or other regulatory actions deemed necessary to ensure compliance and safety.