Navigation (Protection of the Sea) Regulations
Statutory Rules 1986 No. 300 as amended
made under the
Navigation Act 1912
This compilation was prepared on 17 January 2001
taking into account amendments up to SR 1987 No. 66
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Service of notice — subsections 267D (6) and (7) and 267S (6) and (7) of the Act
4 Service of notice — subsections 267K (1) and 267Y (1) of the Act
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Navigation (Protection of the Sea) Regulations.
2 Interpretation
(1) In these Regulations, the Act means the Navigation Act 1912.
(2) Where an expression used in these Regulations is defined in section 266 of the Act for the purposes of Division 12 of Part IV of the Act, that expression shall, unless the contrary intention appears, have the same meaning in these Regulations as in that Division.
3 Service of notice — subsections 267D (6) and (7) and 267S (6) and (7) of the Act
(1) For the purposes of subsections 267D (6) and (7) and 267S (6) and (7) of the Act, service of a notice addressed to the owner of the ship may be effected:
(a) by serving it personally on the owner, or on all, or any, of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body corporate;
(b) by serving it personally on any agent of the ship or, if an agent who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or
(c) by serving it personally on the master of the ship.
(2) For the purposes of subsections 267D (6) and (7) and 267S (6) and (7) of the Act, service of a notice addressed to the agent of the ship may be effected by serving it personally on the agent of the ship or, if the agent is a body corporate, on a director, secretary or other officer of the body corporate.
(3) For the purposes of subsections 267D (6) and (7) and 267S (6) and (7) of the Act, service of a notice addressed to the master of the ship may be effected by serving it personally on the master of the ship, or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who is, or is reasonably believed to be, an officer of the ship.
4 Service of notice — subsections 267K (1) and 267Y (1) of the Act
(1) For the purposes of subsections 267K (1) and 267Y (1) of the Act, service of a notice addressed to the owner of the ship may be effected:
(a) by serving it personally on the owner, or on all, or any, of the owners, as the case may be, of the ship or, if an owner who is to be served is a body corporate, on a director, secretary or other officer of the body corporate;
(b) by serving it personally on any agent of the ship or, if an agent who is to be served is a body corporate, on a director, secretary or other officer of the body corporate; or
(c) by serving it personally on the master of the ship.
(2) For the purposes of subsections 267K (1) and 267Y (1) of the Act, service of a notice addressed to the master of the ship may be effected by serving it personally on the master of the ship or, if for any reason (including the absence of the master from the ship) it is not practicable to serve the notice on the master, by delivering it to any person on board the ship who is, or is reasonably believed to be, an officer of the ship.
Notes to the Navigation (Protection of the Sea) Regulations
Note 1
The Navigation (Protection of the Sea) Regulations (in force under the Navigation Act 1912) as shown in this compilation comprise Statutory Rules 1986 No. 300 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1986 No. 300 | 21 Oct 1986 | 21 Oct 1986 | |
1987 No. 66 | 1 May 1987 | 1 May 1987 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Rr. 3, 4............... | am. 1987 No. 66 |
Overview
The Navigation (Protection of the Sea) Regulations 1986, made under the Navigation Act 1912, were introduced to address issues related to the protection of the sea and the prevention of pollution from ships, thereby complementing the broader objectives of the Navigation Act. The regulations were enacted by the Commonwealth of Australia Parliament and aim to provide detailed procedures for the service of notices under the Act, ensuring that notices are delivered effectively to the appropriate parties involved in maritime activities. These regulations were designed to support the overarching policy objective of the Navigation Act, which is to ensure the safety and efficiency of navigation and the protection of the marine environment from pollution by ships.
Scope and Application
The Navigation (Protection of the Sea) Regulations, which were made under the Navigation Act 1912, apply to the protection of the sea in Australian waters. These regulations provide the framework for the service of notices to the owners, agents, or masters of ships in compliance with the Act. They establish the method and means by which notices can be delivered to the relevant parties, ensuring that notices are served personally or through appropriate representatives of the ship’s owner, agent, or master. The regulations have a national jurisdictional reach as they apply throughout Australia, governed by Commonwealth law. While the primary focus is on the service of notices, the regulations do not specify exclusions or exemptions, thereby implying that all persons and entities involved in maritime activities within Australian waters are subject to these provisions unless otherwise specified in the Act or any subordinate legislation.
Key Provisions
The Navigation (Protection of the Sea) Regulations, made under the Navigation Act 1912, primarily focus on the service of notices to relevant parties involved with ships. Section 3 of the Regulations details the methods by which a notice addressed to the owner of a ship can be served. It specifies that the notice can be delivered personally to the owner or their representative, such as a director, secretary, or officer of a corporate owner. It can also be delivered to an agent of the ship or their representative if the agent is a corporation. Alternatively, the notice can be personally served on the master of the ship. If the master is absent and it is not practicable to serve the notice on them, it can be delivered to any person on board the ship who is reasonably believed to be an officer of the ship. Section 4 similarly outlines the methods for serving a notice addressed to the agent of the ship, which can be served personally on the agent or their representative if the agent is a corporation. Furthermore, it provides that a notice addressed to the master of the ship can be served personally on the master or, if it is not practicable to do so, can be delivered to any person on board the ship who is reasonably believed to be an officer of the ship.
The Regulations impose specific obligations on the parties involved in the shipping industry. Owners, agents, and masters of ships are required to ensure that they are available for the personal service of notices or have appropriate representatives who can receive these notices on their behalf. This includes ensuring that if a ship's master is absent, an officer on board can be reasonably identified to receive such notices. Additionally, any agent of the ship must also be available for personal service or have a representative who can receive notices on their behalf. These obligations are crucial to maintaining the effective communication chain for legal and regulatory matters pertaining to the ships.
Breach of the obligations imposed by these Regulations can result in civil and criminal consequences. The Navigation Act 1912, under which these Regulations are made, may provide for penalties for failing to properly serve notices as outlined. Although the specific penalties are not detailed within the Regulations themselves, they may include fines or other penalties as stipulated in the Act. The maximum penalties could potentially be significant, reflecting the importance of ensuring proper service of notices to maintain the regulatory and legal framework governing maritime activities.