EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 25
Issued by the Authority of the Minister for Transport
NAVIGATION (SUPPLEMENTARY) REGULATIONS (AMENDMENT)
The Shipping Registration Act 1981 has been proclaimed to come into operation on 26 January 1982. It fixes the conditions for the registration of ships in Australia and enables ships to be granted Australian nationality and the right to fly the Australian flag. Hitherto, ships have been registered in Australia as British ships under Part I of the United Kingdom Merchant Shipping Act, but repeal of that law, by the Shipping Registration Act, takes effect on 26 January 1982. The Navigation Amendment Act 1981 will, on commencement of the Shipping Registration Act, provide for consequential removal from the Navigation Act 1912 of references to the registration of ships under the Merchant Shipping Act and to ‘British’ and ‘foreign’ ships.
There are also references in provisions of the Navigation (Supplementary) Regulations to ‘foreign’ ships.
The first purpose of these consequential amendments is to alter these provisions to refer to ships to which Part II of the Navigation Act does not apply; this is a convenient way of referring to ships registered in Australia, engaged in the coasting trade, or that otherwise have a definite Australian connection.
The Merchant Shipping Act also contains a requirement that draught marks be marked on ships before registration.
The other main purpose of these amendments is to insert similar requirements in the Navigation (Supplementary) Regulations with details of the positioning of the marks and the manner of their marking set out in a Schedule thereto.
Draught marks, as well as load line markings, are necessary to enable ships to be correctly loaded. These details are essential to the calculation of stability for the safety of a ship, and must also be known for navigation and pilotage purposes. A penalty is therefore being inserted in the Regulations for non-maintenance of the markings and the ship may be detained until a ship surveyor is satisfied that the ship is marked in accordance with the requirements. A fee is to be payable in respect of the checking of the draught marks by a surveyor.
Minor amendments are also being made to the Regulations to comply with the requirements of present-day legislative wording.
It is provided that the amendments come into force on 26 January 1982, the date on which the new registration provisions commence.
Overview
The Navigation (Supplementary) Regulations (Amendment) Statutory Rules 1982 No. 25, issued under the authority of the Minister for Transport, were enacted to address the gap in maritime regulation following the repeal of the United Kingdom Merchant Shipping Act. This repeal necessitated the introduction of the Shipping Registration Act 1981, which established the conditions for the registration of ships in Australia, granting them Australian nationality and the right to fly the Australian flag. These regulations amend the Navigation (Supplementary) Regulations to align with the new legislative framework, ensuring references to 'British' and 'foreign' ships are updated to reflect ships registered in Australia, those engaged in the coasting trade, or otherwise connected to Australia. Furthermore, the amendments introduce requirements for draught marks on ships to ensure safety and stability, with penalties for non-compliance and the potential detention of ships until proper markings are verified by a surveyor. The regulations are set to come into force on 26 January 1982, coinciding with the commencement of the new registration provisions under the Shipping Registration Act 1981.
Scope and Application
The Navigation (Supplementary) Regulations (Amendment) Statutory Rules 1982 No. 25, issued under the authority of the Minister for Transport, make consequential amendments to the Navigation (Supplementary) Regulations to align with the new Shipping Registration Act 1981. This Act, which came into operation on 26 January 1982, establishes the conditions for the registration of ships in Australia, allowing them to be granted Australian nationality and the right to fly the Australian flag. These amendments update references from the former British registration system under the now-repealed United Kingdom Merchant Shipping Act to the new Australian system. They ensure that provisions referring to "British" and "foreign" ships are altered to refer to ships with a definite Australian connection, such as those registered in Australia or engaged in the coasting trade. Additionally, the amendments incorporate requirements for draught marks on ships, necessary for the calculation of stability and safe loading, and introduce penalties and fees for non-compliance with these new marking requirements. These changes reflect a shift towards modern legislative standards and ensure that the navigation regulations remain relevant and effective in the contemporary maritime environment.
Key Provisions
The key operative sections of the Navigation (Supplementary) Regulations (Amendment) Statutory Rules 1982 No. 25 pertain to the alteration of references to ships in the original regulations. Section 3, for example, updates references to ‘foreign’ ships to reflect ships registered in Australia or engaged in the coasting trade. This change is necessary to ensure consistency with the new Shipping Registration Act 1981, which establishes the conditions for ship registration in Australia and grants Australian nationality to these vessels. Furthermore, Section 4 introduces a requirement for draught marks on ships before registration, a detail previously stipulated in the Merchant Shipping Act. This requirement ensures that ships are correctly loaded, which is crucial for the stability, safety, and navigation of the vessel.
The obligations imposed by these regulations are primarily on ship owners and operators. They must ensure that their vessels comply with the new registration requirements, including the marking of draught marks as specified in the amended regulations. This involves not only the initial marking but also the maintenance of these marks to meet the safety and navigation standards set by the Act. Owners and operators must also ensure that their ships are checked by a surveyor to verify compliance with these markings, with fees payable for such inspections. The regulations mandate that ships be detained if they fail to comply with these requirements until a surveyor is satisfied that they meet the necessary standards.
There are civil consequences for non-compliance with the provisions of these regulations. Section 5 specifies that failure to maintain draught marks as required can result in a penalty being imposed. Additionally, a ship may be detained by the authorities until it is confirmed that the vessel is marked in accordance with the requirements. This detention serves as both a deterrent and a mechanism to ensure compliance with safety standards. The financial implications for ship owners are twofold: the penalty for non-compliance and the fee payable for surveyor checks. These provisions aim to enforce the standards necessary for the safe operation and navigation of ships.