Navigation (Survey and Equipment) Regulations (Amendment)

Overview

The Statutory Rules 1925 No. 80, enacted under the authority of the Navigation Act 1912-1920, address the need for updated regulations concerning the survey and equipment of vessels carrying grain cargo. This legislative instrument, made by the Governor-General in Council, introduces amendments to the Navigation (Survey and Equipment) Regulations, specifically modifying the fee structure for surveyors inspecting vessels intended to load grain cargo. The policy objective is to ensure that vessels are surveyed and equipped appropriately to safely carry grain cargo, while also providing a clear and structured fee schedule for these services, thus maintaining the integrity and safety of maritime operations in Australia.

Scope and Application

The Regulations under the Navigation Act 1912-1920, as detailed in Statutory Rules 1925, No. 80, pertain to the amendment of the Navigation (Survey and Equipment) Regulations, specifically concerning the fees for surveying vessels intended to load grain cargo. These regulations apply to all vessels requiring a survey or inspection for grain loading purposes, including those carrying grain in bags or bulk, under the Navigation (Grain, Coal and Ballast) Regulations. The fees are structured based on the type and volume of grain cargo, with different rates applicable depending on whether the grain is in bags or in bulk, and whether the cargo exceeds half of the ship’s deadweight capacity. Additionally, the regulations specify that the fee covers up to three surveyor visits during official hours, with additional charges for extra visits or those made outside official hours. This legislation is a Commonwealth instrument, thus it applies across Australia and regulates maritime activities within the jurisdiction of the federal government.

Key Provisions

The Regulations under the Navigation Act 1912-1920, as amended by Statutory Rules 1925, No. 80, introduce specific fee structures for the survey of vessels intended to load grain cargo. Section 21 of Schedule II of the Navigation (Survey and Equipment) Regulations outlines the fees payable for the services of a surveyor in relation to such vessels. The fees are calculated based on the type and quantity of grain cargo to be loaded. For grain in bags exceeding half the ship’s deadweight cargo capacity, the fee is £1 10s. For grain in bulk or partly in bulk and partly in bags, the fee varies depending on whether the quantity exceeds half of the ship’s deadweight cargo capacity, with a higher fee of £5 if it does. These fees are in addition to travelling expenses. Furthermore, the specified fee covers up to three surveyor visits during official hours, with an additional £1 fee for each extra visit during official hours, and an overtime charge for any visits outside of these hours. The Regulations impose certain obligations on the parties involved in the survey of vessels carrying grain cargo. The owner or master of the vessel must ensure that a notice of intention to load a grain cargo is given as required under the Navigation (Grain, Coal and Ballast) Regulations. They must also facilitate the surveyor's access to the vessel for the purpose of the survey. The surveyor, in turn, must conduct the survey within the stipulated fee structure and number of visits, and adhere to the official hours as outlined in the Regulations. Any additional visits or visits outside of official hours must be justified and charged accordingly. Failure to comply with the fee structures and requirements set out in the Regulations may result in civil or administrative penalties. Although specific penalties are not detailed in the provided text, breaches of such regulations typically result in financial penalties or other enforcement actions. The exact nature and severity of these penalties would depend on the specific provisions of the Navigation Act 1912-1920 and any relevant subsidiary legislation or administrative guidelines. It is important for parties involved to adhere to the stipulated fees and survey requirements to avoid any potential repercussions.