EXPLANATORY STATEMENT
STATUTORY RULES NO. 66 OF 1987
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT
NAVIGATION ACT 1912
NAVIGATION (PROTECTION OF THE SEA) 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. The Navigation (Protection of the Sea) Regulations (Amendment) are to be made pursuant to that sub-section.
The Protection of the Sea (Prevention of Pollution from Ships) Regulations (the Principal Regulations) are to commence in conjunction with the entry into force for Australia of the International Convention for the Prevention of Pollution from Ships, 1973 as amended by the Protocol of 1978 known as MARPOL 73/78. The Principal Regulations and these Regulations were made under section 4 of the Acts Interpretation Act 1901 which provides that regulations may be made as if the Act had come into operation. Neither the Principal Regulations nor these Regulations can come into effect until the parent Act comes into operation. This will occur 3 calendar months following the lodgement of Australia’s instrument of ratification, which is expected during 1987.
The Regulations specify matters relating to the service of a notice upon the owner, agent or master of a ship for the purposes of compliance with Annex II of MARPOL 73/78, which deals with the prevention of pollution from ships carrying noxious liquid substances in bulk.
Details of the Regulations are set out in the Attachment.
ATTACHMENT
EXPLANATORY STATEMENT
NAVIGATION (PROTECTION OF THE SEA) REGULATIONS (AMENDMENT)
DETAILS OF REGULATIONS
Regulation 1 formally identifies the Principal Regulations which are amended by the Regulations.
Regulations 2 and 3 amend regulations 3 and 4 respectively of the Principal Regulations to specify the method of service upon the owner, agent or master of an Australian ship of a notice relating to the cancellation and delivery up of a chemical tanker construction certificate and the service of directions to a foreign (non-Australian) ship which is subject to the provisions of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973.
In addition, the words “appears to be” are omitted from regulations 3 and 4 of the Principal Regulations and substituted by the words “is, or is reasonably believed to be”. These amendments require a more objective and hence more reliable assessment of who is a proper person to take custody of such notices and are inserted after advice offered by the Senate Standing Committee on Regulations and Ordinances.