Navigation (Survey) Regulations (Amendment)

Legislation au C1977L00273 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 273

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 twentieth day of December 1977.

ZELMAN COWEN

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 1978.

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 .......................

120

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

180

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

196

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

270

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

474

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

714

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

946

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

1,170

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

1,170 plus $252 for each 2,000 tons or part of 2,000 tons over 10,000

* Notified in the Commonwealth of Australia Gazette on 22 December 1977.

† Statutory Rules 1968, No. 41 as amended by Statutory Rules 1969, No. 203; 1972, Nos. 42 and 193; 1975, No. 113; and 1976, Nos. 119 and 284.


(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 ........................

120

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

180

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

196

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

240

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

420

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

586

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

750

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

900

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

900 plus $106 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 “ $ 45 ” and substituting “ $90 ”;

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

Column 1

Column 2

Column 3

Column 4

Gross registered tonnage of ship

Fee for survey before issue of a Cargo Ship Safety Construction Certificate

Fee for survey before renewal of a Cargo Ship Safety Construction Certificate

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

 

$

$

$

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

4,128

712

162

Exceeding 1,000 but not exceeding 2,000  

8,626

1,084

258

Exceeding 2,000 but not exceeding 4,000  

14,850

1,636

390

Exceeding 4,000 but not exceeding 6,000  

20,736

1,902

468

Exceeding 6,000 but not exceeding 8,000  

25,816

2,178

532

Exceeding 8,000 but not exceeding 10,000  

30,894

2,370

598

Exceeding 10,000 but not exceeding 12,000  

35,958

2,548

654

Exceeding 12,000 but not exceeding 14,000  

40,990

2,676

694

Exceeding 14,000 but not exceeding 16,000  

46,020

2,806

732

Exceeding 16,000 but not exceeding 18,000  

50,650

2,934

772

Exceeding 18,000 but not exceeding 20,000  

54,066

3,064

810

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

54,066 plus $3,420 for each 2,000 tons or part of 2,000 tons over 20,000

3,064 plus $258 for each 10.000 tons or part of 10,000 tons over 20,000

810

plus $84 for each 10,000 tons or part of 10,000 tons over 20,000

 


(e) by omitting from paragraph (a) of sub-item (4) of item 2 “ $60 ” and substituting “ $120 ”;

(f) by omitting from paragraph (b) of sub-item (4) of item 2 “ $45 ” and substituting “ $90 ”;

(g) by omitting from paragraph (a) of sub-item (5) of item 2 “ $60 ” and substituting “ $120 ”;

(h) by omitting from paragraph (b) of sub-item (5) of item 2 “ $45 ” and substituting “ $90 ”;

(i) 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 .............................

46

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

106

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

136

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

196

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

300

(j) 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 ...........................

60

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

76

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

106

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

210

(k) 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 ...........................

46

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

60

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

90

(l) by omitting from paragraph (a) of sub-item (1) of item 6 “ $23 ” and substituting “ $46 ”;

(m) by omitting from paragraph (b) of sub-item (1) of item 6 “ $45 ” and substituting “ $90 ”;

(n) by omitting from item 7 “ $30 ” and substituting “ $60 ”;

(o) by omitting from item 8 “ $6 ” and substituting “ $12 ”;


(p) 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 .............................

54

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

90

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

180

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

216

(q) by omitting from paragraph (b) of sub-item (2) of item 9 “ $11 ” and substituting “ $22 ”;

(r) 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 .............................

48

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

72

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

96

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

120

(s) 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 .............................

72

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

136

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

226

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

300

(t) 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 .................

12

12

Exceeding 500 tons but not exceeding 1,000 tons

48

36

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

72

48

(u) by omitting from paragraph (a) of item 15 “ $16 ” and substituting “ $32 ”;


(v) by omitting from paragraph (b) of item 15 “ $13 ” and substituting “ $26 ”;

(w) by omitting from paragraph (c) of item 15 “ $7 ” and substituting “ $14 ”;

(x) by omitting from paragraph (a) of item 16 “ $8 ” and substituting “ $16 ”;

(y) by omitting from paragraph (b) of item 16 “ $7 ” and substituting “ $14 ”;

(z) by omitting from paragraph (c) of item 16 “ $4 ” and substituting “ $8 ”;

(za) by omitting from item 18 “ $6 ” and substituting “ $12 ”; and

(zb) by omitting from item 18 “ $24 ” and substituting “ $48 ”.

 

Overview

Statutory Rules 1977 No. 273, made under the Navigation Act 1912, were introduced to amend the Navigation (Survey) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations were designed to update the fees associated with maritime surveys and inspections, reflecting the need for a more structured and scalable fee system based on the gross registered tonnage of the ships. This legislative instrument aimed to ensure that the regulatory fees for maritime safety and construction surveys were fair and proportionate to the size of the vessels, thereby facilitating compliance and maintaining safety standards in Australian waters.

Scope and Application

These regulations, made under the Navigation Act 1912, apply to all vessels navigating Australian waters, including ships and boats, irrespective of their ownership or registration. They are applicable to a variety of maritime activities and cover both commercial and private vessels, ensuring compliance with safety, survey, and inspection requirements. The regulations define fees for various survey and inspection services based on the gross registered tonnage of the ship, with different fee structures for initial surveys, renewals, and inspections. The fees vary depending on the size of the vessel and the type of survey or inspection required, as outlined in the amended tables within the regulations. The geographic scope of these regulations is nationwide, applying to all vessels navigating within Australian waters, including internal waters, territorial seas, and the Exclusive Economic Zone. These regulations do not explicitly state any exclusions or exemptions; however, the fees and requirements may be subject to modification or waiver under specific conditions as determined by the administering authority. The application and enforcement of these regulations can be further detailed or modified through subordinate instruments issued by the relevant maritime authorities.

Key Provisions

The Regulations under the Navigation Act 1912, specifically Statutory Rules 1977 No. 273, detail amendments to the Navigation (Survey) Regulations. These amendments involve fee adjustments for various ship surveys and inspections. The fees are categorised based on the gross registered tonnage of the ship, with different rates applied for different size brackets. For instance, the fees for ship surveys before the issue of a Cargo Ship Safety Construction Certificate now range from $4,128 for ships not exceeding 1,000 tons to $54,066 for ships exceeding 20,000 tons, with additional charges for each increment over 20,000 tons. The fees for ship inspections and other related surveys have also been revised, with similar tiered structures based on tonnage. The Regulations impose specific obligations on ship owners and operators to ensure their vessels comply with the updated fees for surveys and inspections as stipulated in the amended Fourth Schedule. Ship owners must pay the appropriate fees for surveys before the issue or renewal of safety certificates and for periodic inspections. The fees vary according to the gross registered tonnage of the ship, and it is the responsibility of the ship owner to determine the correct fee category for their vessel and to pay the required amount to the relevant authorities. Failure to comply with the fee requirements stipulated in these Regulations can result in civil or criminal consequences. While the specific penalties are not detailed in the Regulations themselves, breaches of the Navigation Act 1912 can typically lead to substantial fines and potential legal actions. The maximum penalties would depend on the severity of the breach and the specific provisions of the Navigation Act 1912 that are contravened. Ship owners and operators are advised to ensure they adhere to the fee structures to avoid any potential legal repercussions.

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Maritime Law
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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.