Navigation (Survey) Regulations (Amendment)

Legislation au C1976L00284 Regulations Not in force Legislative Instrument

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Statutory Rules

1976 No. 284

REGULATIONS UNDER THE NAVIGATION ACT 1912.*

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

Dated this ninth day of December, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

PETER NIXON

Minister of State for Transport.

_________

 

Amendments of the Navigation (Survey) Regulations†

Commencement.

1. These Regulations shall come into operation on 1 January 1977.

Fourth Schedule.

2. The Fourth Schedule to the Navigation (Survey) Regulations is amended—

(a) by omitting the table in sub-item (1) of item 1 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 100 tons .................................

60

Exceeding 100 tons but not exceeding 500 tons..................

90

Exceeding 500 tons but not exceeding 1,000 tons................

98

Exceeding 1,000 tons but not exceeding 2,000 tons...............

135

Exceeding 2,000 tons but not exceeding 4,000 tons...............

237

Exceeding 4,000 tons but not exceeding 6,000 tons...............

357

Exceeding 6,000 tons but not exceeding 8,000 tons...............

473

Exceeding 8,000 tons but not exceeding 10,000 tons..............

585

Exceeding 10,000 tons..................................

585 plus $126 for each 2,000 tons or part of 2,000 tons over 10,000

_________________________________________________________________________________

* Notified in the Australian Government Gazette on 15 December 1976.

† Statutory Rules 1968, No. 41 as amended by Statutory Rules 1969, No. 203; 1972, Nos. 42 and 193; 1975, No. 113; and 1976, No. 119.


(b) by omitting the table in sub-item (2) of item 1 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 100 tons..............................

60

Exceeding 100 tons but not exceeding 500 tons..............

90

Exceeding 500 tons but not exceeding 1,000 tons.............

98

Exceeding 1,000 tons but not exceeding 2,000 tons............

120

Exceeding 2,000 tons but not exceeding 4,000 tons............

210

Exceeding 4,000 tons but not exceeding 6,000 tons............

293

Exceeding 6,000 tons but not exceeding 8,000 tons............

375

Exceeding 8,000 tons but not exceeding 10,000 tons...........

450

Exceeding 10,000 tons...............................

450 plus $53 for each 2,000 tons or part of 2,000 tons over 10,000

(c) by omitting from paragraph (c) of sub-item (3) of item 1 the words “ Thirty dollars ” and substituting the figures “ $45 ”;

(d) by omitting from sub-item (1) of item 2 the words “ column (2), column (3) or column (4) ” and substituting the words “ Column 2, Column 3 or Column 4 ”;

(e) by omitting the table in sub-item (1) of item 2 and substituting the following table:—

Column 1

Column 2

Column 3

Column 4

 

Fee for survey before issue of a Cargo Ship Safety

Fee for survey before renewal of a Cargo Ship Safety

Fee for each inspection referred to in sub-regulation 14 (4)

Gross registered

Construction

Construction

 

tonnage of ship

Certificate

Certificate

 

 

$

$

$

Not exceeding 1,000........

2,064

356

81

Exceeding 1,000 but not exceeding 2,000 

4,313

542

129

Exceeding 2,000 but not exceeding 4,000 

7,425

818

195

Exceeding 4,000 but not exceeding 6,000 

10,368

951

234

Exceeding 6,000 but not exceeding 8,000 

12,908

1,089

266

Exceeding 8,000 but not exceeding 10,000 

15,447

1,185

299

Exceeding 10,000 but not exceeding 12,000 

17,979

1,274

327

Exceeding 12,000 but not exceeding 14,000 

20,495

1,338

347

Exceeding 14,000 but not exceeding 16,000 

23,010

1,403

366

Exceeding 16,000 but not exceeding 18,000 

25,325

1,467

386

Exceeding 18,000 but not exceeding 20,000 

27,033

1,532

405

Exceeding 20,000..........

27,033

1,532

405

 

plus $1,710 for each 2,000 tons or part of 2,000 tons over 20,000

Plus $129 for each 10,000 tons or part of 10,000 tons over 20,000

Plus $42 for each 10,000 tons or part of 10,000 tons over 20,000


(f) by omitting from paragraph (a) of sub-item (4) of item 2 the words “ Forty dollars ” and substituting the figures “ $60 ”;

(g) by omitting from paragraph (b) of sub-item (4) of item 2 the words “ Thirty dollars ” and substituting the figures “ $45 ”;

(h) by omitting from paragraph (a) of sub-item (5) of item 2 the words “ Forty dollars ” and substituting the figures “ $60 ”;

(i) by omitting from paragraph (b) of sub-item (5) of item 2 the words “ Thirty dollars ” and substituting the figures “ $45 ”;

(j) by omitting the table in sub-item (1) of item 3 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 300 tons....................................

23

Exceeding 300 tons but not exceeding 1,600 tons...................

53

Exceeding 1,600 tons but not exceeding 3,000 tons.................

68

Exceeding 3,000 tons but not exceeding 10,000 tons.................

98

Exceeding 10,000 tons....................................

150

(k) by omitting the table in item 4 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 1,600 tons..................................

30

Exceeding 1,600 tons but not exceeding 3,000 tons.................

38

Exceeding 3,000 tons but not exceeding 10,000 tons.................

53

Exceeding 10,000 tons....................................

105

(l) by omitting the table in item 5 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 1,600 tons..................................

23

Exceeding 1,600 tons but not exceeding 3,000 tons.................

30

Exceeding 3,000 tons.....................................

45

(m) by omitting from paragraph (a) of sub-item (1) of item 6 the words “ Fifteen dollars ” and substituting the figures “ $23 ”;

(n) by omitting from paragraph (b) of sub-item (1) of item 6 the words “ Thirty dollars ” and substituting the figures “ $45 ”;

(o) by omitting from item 7 the words “ Twenty dollars ” and substituting the figures “ $30 ”;

(p) by omitting from item 8 the words “ Four dollars ” and substituting the figure “ $6 ”;


(q) by omitting the table in sub-item (1) of item 9 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 500 tons....................................

27

Exceeding 500 tons but not exceeding 5,000 tons...................

45

Exceeding 5,000 tons but not exceeding 10,000 tons.................

90

Exceeding 10,000 tons....................................

108

(r) by omitting from paragraph (b) of sub-item (2) of item 9 the words “ Seven dollars ” and substituting the figures “ $11 ”;

(s) by omitting the table in sub-item (1) of item 11 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 500 tons....................................

24

Exceeding 500 tons but not exceeding 5,000 tons...................

36

Exceeding 5,000 tons but not exceeding 10,000 tons.................

48

Exceeding 10,000 tons....................................

60

(t) by omitting the table in sub-item (2) of item 12 and substituting the following table:—

Column 1

Column 2

Gross registered tonnage of ship

Fee

 

$

Not exceeding 500 tons....................................

36

Exceeding 500 tons but not exceeding 5,000 tons...................

68

Exceeding 5,000 tons but not exceeding 10,000 tons.................

113

Exceeding 10,000 tons....................................

150

(u) by omitting the table in sub-item (1) of item 13 and substituting the following table:—

Column 1

Column 2

Column 3

Gross registered tonnage of ship

Fee for first visit by surveyor

Fee for each subsequent visit by surveyor

 

$

$

Not exceeding 500 tons.........................

6

6

Exceeding 500 tons but not exceeding 1,000 tons........

24

18

Exceeding 1,000 tons...........................

36

24

(v) by omitting from paragraph (a) of item 15 the words “ Ten dollars fifty cents ” and substituting the figures “ $16 ”;

Overview

Statutory Rules 1976 No. 284, known as the Regulations under the Navigation Act 1912, was enacted to amend the Navigation (Survey) Regulations, providing updated fee structures for various maritime surveys and inspections. These regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into operation on 1 January 1977. The principal objective of these regulations is to ensure that the fees charged for maritime surveys and inspections are updated to reflect current costs and to provide a clear and structured fee schedule for different categories of ships based on their gross registered tonnage. This amendment aimed to address the need for a more precise and transparent fee structure, ensuring that the maritime industry operates under a consistent and regulated financial framework.

Scope and Application

These Regulations, made under the Navigation Act 1912, apply to various maritime activities and vessels within Australian waters. They set out the fees for different types of surveys and inspections required for ships, based on their gross registered tonnage. The fees are categorised into several brackets depending on the size of the vessel, ranging from those not exceeding 100 tons to those exceeding 10,000 tons, with additional charges for larger vessels. The fees listed pertain to surveys for the issuance and renewal of Cargo Ship Safety Certificates, inspections, and other maritime safety-related activities. These Regulations provide a structured fee schedule that ensures a consistent and transparent process for the maritime industry, and the amendments update the fee structure to reflect current economic conditions and operational costs. The Regulations apply across the Commonwealth of Australia, impacting ship owners, operators, and other stakeholders involved in maritime commerce. There are no explicit exclusions or exemptions detailed within these Regulations, but it is assumed that they apply broadly to all vessels subject to the Navigation Act 1912 unless otherwise specified in subordinate instruments.

Key Provisions

The Regulations under the Navigation Act 1912, specifically the amendments to the Navigation (Survey) Regulations, detail changes to fees associated with ship surveys and inspections. The operative sections include amendments to the fees for surveys based on the gross registered tonnage of ships. For example, section 2(a) outlines a new fee structure for ship surveys, with fees ranging from $60 for ships not exceeding 100 tons to $585 plus additional fees for ships exceeding 10,000 tons. Similarly, section 2(b) revises fees for cargo ship safety certificates, with fees starting at $60 for ships not exceeding 100 tons and increasing to $450 plus additional fees for ships exceeding 10,000 tons. These amendments reflect updated financial requirements for maritime safety inspections and surveys. The Regulations impose obligations on ship owners and operators to pay the specified fees for surveys and inspections based on the gross registered tonnage of their vessels. This requirement ensures that maritime safety standards are maintained through appropriate financial contributions. Additionally, ship owners must ensure their vessels comply with the latest survey requirements, including timely renewal of safety certificates and compliance with inspection schedules. Failure to comply with the fee requirements or to ensure timely surveys and inspections can result in legal consequences. The Navigation Act 1912 provides for penalties for non-compliance, which may include fines or other enforcement actions. While the specific penalties are not detailed in the Regulations, non-compliance can lead to significant legal and financial repercussions for ship owners and operators, including potential vessel detentions or bans from Australian waters.

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