EXPLANATORY STATEMENT
STATUTORY RULE NO. 315 OF 1982
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT AND CONSTRUCTION
NAVIGATION (SURVEY) REGULATIONS (AMENDMENT)
Section 425 of the Navigation Act, (the Act), provides that the Governor-General make make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act or for the conduct of any business under the Act.
On 21 October 1982 Part XLVIII of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 came into operation. In consequence of the amendment of section 187A of the Navigation Act by section 169(a) of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 it was necessary to amend the Navigation (Survey) Regulations.
By the amendment of section 187A of the Navigation Act, survey authorities are no longer prescribed by regulation 5 of the Navigation (Survey) Regulations but are to be approved by the Minister for Transport and Construction, by instrument in writing. Accordingly, regulation 1 of the Regulations repeals regulation 5 of the Navigation (Survey) Regulations.
In accordance with the power provided by section 187BA of the Navigation Act the Minister for Transport and Construction has approved the survey authorities previously prescribed by regulation 5 of the Navigation (Survey) Regulations and has additionally approved the Japanese Corporation, Nippon Kaiji Kyokai as a survey authority. Regulation 2
amends regulation 6 of the Navigation (Survey) Regulations to include a reference to classification certificates issued by Nippon Kaiji Kyokai, as an approved survey authority.
Overview
The Navigation (Survey) Regulations (Amendment) Statutory Rule No. 315 of 1982, issued under the authority of the Minister of State for Transport and Construction, was enacted to address amendments necessitated by changes to section 187A of the Navigation Act. These amendments, which were introduced as part of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, required adjustments to the existing regulations governing survey authorities. The primary objective of this statutory rule is to align the Navigation (Survey) Regulations with the legislative changes, ensuring that the approved survey authorities are correctly identified and recognised. This involves repealing the previous regulation that prescribed survey authorities and updating the regulations to reflect the new process of approval by the Minister for Transport and Construction.
Scope and Application
The Navigation (Survey) Regulations (Amendment) Statutory Rule No. 315 of 1982 pertains to the amendment of the Navigation (Survey) Regulations under the Navigation Act. This amendment is necessitated by the changes introduced by section 169(a) of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, which modified section 187A of the Navigation Act. As a result, the survey authorities, previously prescribed by regulation 5 of the Navigation (Survey) Regulations, are no longer to be determined by regulation but are instead to be approved by the Minister for Transport and Construction through written instruments. The new regulations thus repeal regulation 5 and adjust the framework to align with the legislative changes. Additionally, the Minister has approved the survey authorities previously listed and has extended this approval to include the Japanese Corporation, Nippon Kaiji Kyokai, thereby amending regulation 6 to recognise classification certificates issued by this newly approved survey authority.
Key Provisions
The key provisions of the Navigation (Survey) Regulations (Amendment) Statutory Rule 1982 (C2004L05659) primarily focus on the amendment of survey authorities under the Navigation Act. Regulation 1 of the amended Regulations repeals the previous regulation 5, which previously prescribed survey authorities by regulation. Instead, these authorities are now to be approved by the Minister for Transport and Construction, in line with the amendment to section 187A of the Navigation Act. This change was necessitated by the operation of Part XLVIII of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 on 21 October 1982.
Under the amended Regulations, the Minister for Transport and Construction has approved the survey authorities previously prescribed by regulation 5, and has additionally approved the Japanese Corporation, Nippon Kaiji Kyokai, as a survey authority. This is reflected in regulation 2, which amends regulation 6 of the Navigation (Survey) Regulations to include a reference to classification certificates issued by Nippon Kaiji Kyokai. These amendments ensure that the new regulatory framework aligns with the legislative changes introduced by the Statute Law (Miscellaneous Amendments) Act.
The obligations and requirements imposed by these Regulations on parties governed by the Navigation Act include ensuring that any survey authorities used comply with the approvals outlined in the Regulations. Specifically, classification certificates must now be issued by survey authorities approved by the Minister for Transport and Construction, rather than being prescribed by regulation. This shift in responsibility from the Regulator to the Minister ensures that the approval process is more centralised and subject to ministerial oversight.
There are no explicit offences, penalties, or civil/criminal consequences detailed within the Regulations themselves for non-compliance with the amended provisions. However, given the context of the Navigation Act, any failure to comply with the approved survey authorities and their associated classification certificates could potentially lead to broader legal ramifications under the Act. These might include penalties for non-compliance with maritime safety standards or other related maritime regulations, although the specific penalties would be governed by the overarching provisions of the Navigation Act rather than the Regulations themselves.