Navigation (Survey and Equipment) Regulations (Amendment)

Legislation au C1953L00068 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1953. No. 68

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1952.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1952.

Dated this Third

day of July , 1953.

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

__________

Amendments or the Navigation (Survey and Equipment) Regulations. †

Commencement.

1. These Regulations shall come into operation on the first day of August, 1953.

Report of accidents, &c.

2. Regulation 35 of the Navigation (Survey and Equipment) Regulations is amended—

(a) by omitting the word “British”; and

(b) by omitting the words “, or any foreign ship carrying passengers between ports in Australia”.

Fees and charges.

3. Regulation 38 of the Navigation (Survey and Equipment) Regulations is amended by omitting from sub-regulation (1.) the words “and shall be paid to the persons specified in that Schedule” and inserting in their stead the words “and shall be paid to the Deputy Director for the State in which the survey is made”.

Schedule ii.

4. Schedule II. to the Navigation (Survey and Equipment) Regulations is amended—

(a) by omitting paragraph 1 and inserting in its stead the following paragraph:—

“1. FEE FOR THE SURVEY OF A SHIP FOR A TWELVE MONTHS’ CERTIFICATE OF SURVEY.

(a) Steamships, motor ships, and sailing ships with auxiliary engines.

Gross registered tonnage of ship.
	£	s.	d.
Sailing ships with auxiliary engines not exceeding 100 tons..........	5	0	0
Steamships and motor ships not exceeding 100 tons...............	5	0	0

* Notified in the Commonwealth Gazette on ,1953

† Statutory Rules, 1935, No. 107, as amended by Statutory Rules 1938, No. 32.

900.—Price 3d. 9/11.5.1953.

I. Feb for the Survey of a Ship for a Twelve Months’ Certificate of Survey—continued.

Gross registered tonnage of ship.
Steamships, motor ships and sailing ships with auxiliary engines—		£	s.	d.
Over 100 tons but not exceeding 300 tons		7	0	0
Over 300 tons but not exceeding 900 tons		8	0	0
Over 900 tons but not exceeding 1,200 tons		9	0	0
Over 1,200 tons but not exceeding 1,500 tons..........		10	0	0
Over 1,500 tons but not exceeding 1,800 tons..........		12	0	0
Over 1,800 tons but not exceeding 2,100 tons..........		14	0	0
Over 2,100 tons but not exceeding 2,400 tons..........		16	0	0
Over 2,400 tons (passenger ships)..................	£16, plus £1 10s. for every additional 300 tons or part of 300 tons in excess of 2,400 tons
Over 2,400 tons (cargo ships).....................	£16, plus £1 for every additional 300 tons or part of 300 tons in excess of 2,400 tons

(b) Ships propelled by sails only.

Gross registered tonnage of ship.
	£	s.	d.
Not exceeding 100 tons.................................	4	0	0
Over 100 tons but not exceeding 300 tons.....................	4	10	0
Over 300 tons but not exceeding 900 tons.....................	5	0	0
Over 900 tons but not exceeding 1,200 tons....................	5	10	0
Over 1,200 tons but not exceeding 1,500 tons..................	6	0	0
Over 1,500 tons but not exceeding 1,800 tons..................	7	0	0
For every additional 300 tons or part thereof over 1,800 tons.........	1	0	0”

(b) by omitting from paragraph 2 the words and figures “, nor, except as provided in paragraph 5 of this Schedule, less than £4” and inserting in their stead the words “or less than Five pounds”;

(d) by omitting from paragraph 6 the figures “£1” (first occurring) and inserting in their stead the words “Two pounds”;

(e) by omitting from paragraph 6 the figures “£1” (second occurring) and inserting in their stead the words “One pound”;

(f) by omitting paragraph 7 and inserting in its stead the following paragraph:—

“7. If the passenger accommodation is altered while a certificate is in force, the fee for survey shall be Two pounds.”;

(g) by omitting from paragraph 9 the figures and letter “35s.” and inserting in their stead the words “Thirty-five shillings”;

(h) by omitting paragraph 10;

(i) by inserting in paragraph 11, after the words, “Gross registered tonnage” the words “, but in no case less than Two pounds”;

(j) by omitting from paragraph 11 the figures “£1” and inserting in their stead the words “Two pounds”;

(k) by omitting from the second column of the table in subparagraph (1.) of paragraph 12 the figures “1 0 0”, “2 0 0”, “3 0 0”, and “4 0 0” and inserting in their stead the figures “2 0 0”, “3 0 0”, “4 0 0” and “5 0 0”, respectively;

(l) by omitting the table in paragraph 13 and inserting in its stead the following table:—

“Gross registered tonnage of ship.	––
	£	s.	d.
Not exceeding 500 tons..................................	3	0	0
Over 500 tons but not exceeding 5,000 tons....................	5	0	0
Over 5,000 tons but not exceeding 10,000 tons..................	10	0	0
Over 10,000 tons......................................	12	0	0”

(m) by omitting from paragraph 14 the figures “£3” and inserting in their stead the words “Four pounds”;

(n) by omitting from the second column in the table in subparagraph (a) of paragraph 16 the following figures:—

“3 0 0”, “4 0 0”, “5 0 0”, and “1 0 0” and inserting in their stead the figures “4 0 0”, “5 0 0”, “6 0 0” and “1 0 0”, respectively;

(o) by omitting from paragraph 17 the figures “1 0 0” and “2 0 0” and inserting in their stead the figures “2 0 0” and “3 0 0”, respectively;

(p) by omitting sub-paragraph (3.) of paragraph 19 and inserting in its stead the following sub-paragraph:—

“(3.) Where a survey or part of a survey (other than a survey or part of a survey of deck cargo or live stock) is performed before or after official hours, a fee for the services of each surveyor employed in the survey shall, in addition to any other fee prescribed by this Schedule, be paid in accordance with the following scale:—

(a) survey or part of a survey performed on ordinary working days commencing during official hours and continuing—
	£	s.	d.
(i) after 5 p.m. but not after 11 p.m....................	2	2	0
(ii) after 11 p.m................................	3	3	0
(b) survey or part of a survey performed on ordinary working days commencing—
(i) after 5 p.m. but finishing before 11 p.m..............	2	2	0
(ii) after 5 p.m. and continuing after 11 p.m..............	3	3	0
(iii) between 11 p.m. and 0 a.m.......................	3	3	0
(iv) after 6 a.m..................................	2	2	0
(c) survey or part of a survey performed on Saturdays, Sundays and holidays or commencing on an ordinary working day and extending to a Saturday or a holiday	4	4	0”;

(q) by omitting from sub-paragraph (4.) of that paragraph the figures “£1” and “£3” and inserting in their stead the words “Two pounds” and “Four pounds”, respectively;

(r) by omitting from paragraph 20 the figures “£1” and inserting in their stead the words “One pound”;

(s) by omitting the table in sub-paragraph (1.) of paragraph 22 and inserting in its stead the following table:—

Grain cargo to be loaded (including grain already on board).	––
	£	s.	d.
Grain in bags not exceeding one-half of ship’s deadweight cargo capacity	1	1	0
Grain in bags exceeding one-half of ship’s deadweight cargo capacity..	2	2	0
Grain in bulk, or partly in bulk and partly in bags—
(a) not exceeding one-half of ship’s deadweight cargo capacity......	3	3	0
(b) exceeding one-half of ship’s deadweight cargo capacity........	6	0	0”;

(t) by omitting from sub-paragraph (2.) of that paragraph the figures “£1” and inserting in their stead the words “One pound”;

(u) by omitting from sub-paragraph (b) of paragraph 23 the figures “£1 1s.” and inserting in their stead the words “Two pounds and two shillings”;

(v) by omitting from paragraph 24 the figures “1 1s.” (wherever occurring) and inserting in their stead the words “Two pounds and two shillings”;

(w) by omitting from paragraph 25 the figures “£1” and inserting in their stead the words “Two pounds”;

(x) by omitting from sub-paragraph (b) of paragraph 27 the figures “0 10 0” and inserting in their stead the figures “1 0 0”;

(y) by omitting from paragraph 28 the word “Five” and inserting in its stead the word “Ten”; and

(z) by omitting paragraph 30 and inserting in its stead the following paragraph:—

Definitions.

“30. For the purposes of this Schedule—

‘ordinary working days’ means all the days of a week, from Monday to Friday inclusive other than holidays;

‘official hours’ means the hours during which the office of the Deputy Director is open for public business on ordinary working days;

‘holiday’ means any day observed as a holiday in the Public Service of the Commonwealth under section 76 of the Public Service Act 1922-1953.”.

____________________

By Authority; L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1953 No. 68, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, amends the Navigation (Survey and Equipment) Regulations under the Navigation Act 1912-1952. These regulations were introduced to ensure that maritime safety and equipment standards were properly maintained and enforced across Australia's maritime industry. The primary amendments include changes to the fees and charges for ship surveys, adjustments to the reporting requirements for maritime accidents, and modifications to the fees based on the gross registered tonnage of ships. The amendments also update the terminology from British to Australian standards and remove references to foreign ships carrying passengers between Australian ports. The objective of these regulations is to streamline and modernise the administrative processes related to maritime surveys and equipment, ensuring they are efficient and reflective of contemporary standards and practices.

Scope and Application

The Regulations under the Navigation Act 1912-1952, coming into operation on the first day of August, 1953, primarily concern the amendment of existing regulations related to the survey and equipment of ships. They apply to all ships, regardless of nationality or type, that require a survey certificate for navigation within Australian waters. These regulations cover fees for ship surveys, altering passenger accommodation during the validity of a certificate, and additional fees for surveys conducted outside official hours. The regulations set forth a fee structure based on the gross registered tonnage of the ship, with specific rates for different categories of ships, including steamships, motor ships, sailing ships with auxiliary engines, and ships propelled by sails only. The fees are prescribed in the amended Schedule II and must be paid to the Deputy Director for the state where the survey is conducted. The regulations establish minimum fees for various survey services, including surveys for alterations to passenger accommodation, deck cargo, and live stock, and specify additional fees for surveys performed outside of official hours. The regulations also redefine certain terms such as "ordinary working days," "official hours," and "holiday" to clarify the scope of their application.

Key Provisions

These Regulations, made under the Navigation Act 1912-1952, amend the Navigation (Survey and Equipment) Regulations, effective from 1 August 1953. The key amendment pertains to the fees and charges associated with ship surveys. Regulation 35 has been amended to remove references to British ships and foreign ships carrying passengers between Australian ports. Regulation 38 has been modified to stipulate that fees and charges for surveys must be paid to the Deputy Director for the state where the survey is conducted, rather than to persons specified in the schedule. Schedule II has been extensively revised, establishing new fees for surveys based on the gross registered tonnage of the ship and including provisions for additional fees for surveys conducted outside of official hours. Entities governed by these Regulations, primarily ship owners and operators, are required to ensure that their vessels undergo the necessary surveys and that all associated fees are paid to the Deputy Director. This includes paying specific fees based on the type and size of the ship and any additional fees for surveys conducted outside of official hours. Additionally, if passenger accommodations are altered during the validity of a survey certificate, a fee of Two pounds is mandated for a new survey. Failure to comply with these Regulations may result in enforcement actions. While specific penalties are not detailed in the text, breaches of maritime regulations can typically result in fines, penalties, or other legal consequences under the Navigation Act 1912-1952. The maximum penalties would be determined in accordance with the provisions of the principal Act and any applicable laws.

Area of Law: Maritime Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Fees and charges; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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