Navigation (Survey) Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 112, made under the Navigation Act 1912-1965, was enacted to amend the Navigation (Survey) Regulations, specifically concerning the inspection of ships operating on the River Murray. This legislation was introduced to address the need for more comprehensive inspections of river vessels to ensure safety and compliance with maritime standards. Enacted by the Administrator of the Government of the Commonwealth of Australia, with the advice of the Federal Executive Council, this regulation highlights the policy objective of enhancing the safety and operational standards of river ships by mandating regular inspections of critical structural components. The regulation specifically alters the inspection requirements and the prescribed period for these inspections for River Murray ships, aiming to maintain vessel integrity and safety over time.

Scope and Application

The Navigation (Survey) Regulations, made under the Navigation Act 1912-1965, apply to the inspection of the structure of ships, particularly those that navigate on the River Murray. These Regulations specify that an inspection of a ship's structure must include the outside of the bottom of the hull, the rudder and bearings of the propeller shafts (if any), and all underwater fittings. Notably, for River Murray ships, a prescribed period of four years is set for such inspections, as per the amendment to Regulation 7. These Regulations are applicable across the Commonwealth of Australia, extending the jurisdictional reach of the Navigation Act 1912-1965 to ensure maritime safety and compliance with navigation standards. While the primary focus is on the structural integrity of ships, the Regulations do not explicitly state exclusions, exemptions, or thresholds, implying a broad application to all relevant vessels and potentially extending their scope through subordinate instruments.

Key Provisions

The main operative sections of these Regulations, as noted in the Statutory Rules of 1965 No. 112, are concerned with the amendment of the Navigation (Survey) Regulations. Specifically, Regulation 7 undergoes a significant alteration (Reg. 7(2)). The original sub-regulation (2) is replaced, and the new sub-regulations introduced specify the scope of ship inspections required under the Act. These now include an inspection of the outside of the bottom of the hull, the rudder and bearings of the propeller shafts (if any), and all underwater fittings. Additionally, a new sub-regulation (2a) is introduced to establish the prescribed period for inspections of River Murray ships, setting it at four years. Under these Regulations, the obligations imposed on parties or entities are primarily related to the inspection and maintenance of ships. Ship owners and operators are required to ensure that their vessels undergo the specified inspections within the stipulated timeframes. For River Murray ships, this means a thorough inspection every four years. These inspections are crucial to maintaining the safety and seaworthiness of the vessels, ensuring compliance with maritime regulations, and preventing potential hazards or accidents at sea. Breach of the obligations set out in these Regulations can result in both civil and criminal consequences. The Navigation Act 1912-1965, under which these Regulations are made, provides for various offences related to non-compliance with inspection requirements. The specific penalties for breaches are not detailed in the Regulations themselves but can be found within the Act. Offences may lead to fines or imprisonment, depending on the severity and nature of the breach. The exact penalties are prescribed within the Act, and they serve as a deterrent against non-compliance, ensuring that maritime safety standards are upheld.