EXPLANATORY STATEMENT
STATUTORY RULES NO. 201 OF 1987
Issued by the Authority of the Minister for Transport and Communications
Navigation Act 1912 - Navigation (Pig Iron, Coal and Ballast) Regulations (Repeal)
Subsection 425(1) of the Navigation Act 1912 (‘the Act’) provides 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.
Subsection 257(1) of the Act provides that the regulations may make provision for or in relation to the stowing or carriage in ships of cargo.
The Navigation (Pig Iron, Coal and Ballast) Regulations (‘the Regulations’) are made pursuant to those subsections.
Subsection 425(1) of the Act, further provides that the Governor-General may make regulations empowering the Minister to make orders for and in relation to the stowing or carriage in ships of cargo. Subregulation 3(1) of the Navigation (Orders) Regulations empowers the Minister to make such orders.
Marine Orders, Part 34 (Cargo and Cargo Handling - Solid Bulk Cargoes), which is expressed to come into operation on 21 September 1987, supersedes the Regulations. It is therefore necessary to repeal the Regulations.
Details of the repealing Regulations are as follows:
Regulation 1 provides that the repealing Regulations come into operation on 21 September 1987.
Regulation 2 repeals the Regulations.
S.R. 1987 No.
Overview
The Navigation (Pig Iron, Coal and Ballast) Regulations Repeal Regulations 1987, made under the authority of the Minister for Transport and Communications, serve to repeal the Navigation (Pig Iron, Coal and Ballast) Regulations 1987. These repeal regulations were introduced to address the need for updated and consolidated maritime safety and operational standards, aligning with the new Marine Orders, Part 34 (Cargo and Cargo Handling - Solid Bulk Cargoes). This legislative change was necessary to ensure that maritime practices and regulations were brought up to date and consistent with contemporary maritime safety standards. The policy objective behind these repeal regulations is to streamline and modernise maritime cargo handling regulations, thereby enhancing safety and operational efficiency in the shipping industry. The repeal of the older regulations and their replacement with the new Marine Orders reflect an ongoing effort to adapt to advancements in maritime technology and safety practices.
Scope and Application
The Navigation (Pig Iron, Coal and Ballast) Regulations, which were previously made under the Navigation Act 1912, have been repealed to make way for the new Marine Orders, Part 34 (Cargo and Cargo Handling - Solid Bulk Cargoes). This change is effective from 21 September 1987, and it applies to the stowing and carriage of cargo, specifically pig iron, coal, and ballast, in ships. The repeal was authorised under Subsection 425(1) of the Navigation Act 1912, which allows the Governor-General to make regulations necessary for the conduct of business under the Act. The new Marine Orders are intended to provide updated and comprehensive provisions for the safe handling and transportation of solid bulk cargoes, ensuring compliance with modern safety standards and practices. The regulations apply to any person or entity involved in the carriage of these specified cargoes, including ship owners, operators, and cargo handlers, within the jurisdictional reach of the Commonwealth of Australia. The repeal signifies a transition towards a more streamlined and contemporary regulatory framework for maritime cargo operations.
Key Provisions
The primary operative sections of these Statutory Rules (No. 201 of 1987) are focused on the repeal of existing regulations concerning the stowage and carriage of specific cargoes such as pig iron, coal, and ballast in ships. Under Section 1, the Regulations are set to come into operation on 21 September 1987, the same date on which the Marine Orders, Part 34 (Cargo and Cargo Handling - Solid Bulk Cargoes) are to supersede the existing Regulations. Section 2 formally repeals the Navigation (Pig Iron, Coal and Ballast) Regulations, thereby rendering them obsolete.
These Statutory Rules impose obligations on the relevant parties, primarily the shipping industry and regulatory bodies, to align their practices with the new Marine Orders, Part 34. The repeal signifies a shift towards updated safety and operational standards for the carriage of solid bulk cargoes, including pig iron, coal, and ballast, in maritime transport. The shipping industry must ensure that all cargo handling procedures, documentation, and safety measures comply with the new regulations to avoid non-compliance.
Failure to comply with the new Marine Orders could result in various civil or criminal consequences. The specific penalties are not detailed in the explanatory statement, but under the Navigation Act 1912, breaches of maritime safety regulations can lead to substantial fines and other penalties. The maximum penalties could potentially include fines up to several thousand dollars, depending on the severity of the breach and any associated harm. Additionally, persistent non-compliance might result in legal actions, which could further escalate the consequences for the offending parties.