Navigation (Survey and Equipment) Regulations 1935 (Amendment)

Overview

The Statutory Rules 1938, No. 32, Regulations under the Navigation Act 1912-1935, introduced amendments to the Navigation (Survey and Equipment) Regulations in 1938. These regulations were enacted by the Governor-General in Council to ensure maritime safety and compliance with international standards. The problem these regulations address includes the need for updated and standardised equipment on ships to facilitate accurate depth measurements, thereby preventing maritime accidents. The policy objective was to enhance the safety of navigation by mandating specific types of sounding equipment on British ships, excluding certain small vessels, and ensuring these ships are equipped according to their gross tonnage as outlined in the new Schedule III.

Scope and Application

The Regulations under the Navigation Act 1912-1935, specifically amending the Navigation (Survey and Equipment) Regulations, apply to British ships with a gross register of more than 15 tons, excluding river and bay ships and limited coast-trade ships. These regulations are intended to ensure that such ships are equipped with appropriate sounding equipment, which must be of a type approved by the Director and must meet the specifications outlined in the table set out in Schedule III of the Regulations. The regulations mandate the installation of echo deep-sea sounding machines or mechanical deep-sea sounding machines, along with other necessary attachments and lead-lines, depending on the ship's gross tonnage. Exemptions apply if a mechanical deep-sea sounding machine with a spare drum carrying not less than 300 fathoms of wire is provided, or if an efficient sounding machine is installed, reducing the requirement for additional lead-lines. The Regulations came into operation on the first of September, 1938, and are applicable nationwide within the Commonwealth of Australia.

Key Provisions

These Regulations, which come into effect on the first day of September 1938, amend the existing Navigation (Survey and Equipment) Regulations under the Navigation Act 1912-1935. Specifically, Regulation 32 of the existing Regulations is repealed and replaced with new provisions concerning the sounding equipment that must be carried on British ships (Regulation 32(1)). These ships must be provided with sounding equipment that adheres to the specifications outlined in sub-regulations (2) and (3) of the new Regulation 32, as well as the table set out in Schedule III of these Regulations (Regulation 32(1)-(3)). The table in Schedule III specifies the exact type and quantity of sounding equipment required for ships of various gross tonnage. The Regulations impose obligations on the owners or operators of British ships to ensure that their vessels comply with the specified requirements for sounding equipment (Regulation 32). This includes providing the correct type and number of echo or mechanical deep-sea sounding machines, deep-sea lead-lines, and other related equipment based on the ship's gross tonnage, as detailed in Schedule III. If a ship is equipped with an approved mechanical deep-sea sounding machine with a spare drum carrying at least 300 fathoms of wire, the ship may forego providing a deep-sea lead-line and its attachments (Schedule III). Similarly, if the ship is provided with an efficient sounding machine, it may not be necessary to provide more than one deep-sea lead-line and its attachments, provided that a second, or spare, drum with an extra 300 fathoms of wire is also provided (Schedule III). Failure to comply with the sounding equipment requirements outlined in these Regulations may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the Regulations themselves. It is likely that the Navigation Act 1912-1935 or other relevant legislation would outline the potential penalties for non-compliance with these Regulations.