Navigation (Survey) Regulations (Amendment)

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Statutory Rules 1981 No. 2921

——————

Navigation (Survey) Regulations2 (Amendment)

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 27 September 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

RALPH J. HUNT

Minister of State for Transport

–––––––––––

Commencement

1. These Regulations shall come into operation on 1 October 1981.

Fees

2. Regulation 37 of the Navigation (Survey) Regulations is amended—

(a) by omitting sub-regulation (2); and

(b) by omitting from sub-regulation (3) "Australia or the survey authority, as the case may be" and substituting "the Commonwealth".

Fourth Schedule

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

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

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for survey before issue of certificate	Fee for survey before renewal of certificate
	$	$
Under 50 tons...........................	7,680	960
50 tons or over but under 100 tons.............	15,360	1,920
100 tons or over but under 500 tons............	23,040	2,880
500 tons or over but under 1,000 tons...........	25,088	3,136
1,000 tons or over but under 2,000 tons..........	30,720	3,840
2,000 tons or over but under 4,000 tons..........	53,760	6,720
4,000 tons or over but under 6,000 tons..........	75,008	9,376
6,000 tons or over but under 8,000 tons..........	96,000	12,000
8,000 tons or over but under 10,000 tons.........	115,200	14,400
10,000 tons or over.......................	115,200 plus	14,400 plus
	$5,440 for each 2,000 tons or part of 2,000 tons over 10,000	$680 for each 2,000 tons or part of 2,000 tons over 10,000

(b) by omitting sub-item 1 (2) and substituting the following sub-item:

"(2) Subject to sub-item (3), the fee for the survey of a ship for a certificate of survey for a cargo ship, a cargo ship safety construction certificate or a nuclear cargo ship safety certificate is a fee determined in accordance with the following table:

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for survey before issue of certificate	Fee for survey before renewal of certificate for one year
	$	$
Under 50 tons...........................	3,840	480
50 tons or over but under 100 tons.............	7,680	960
100 tons or over but Under 500 tons............	11,520	1,440
500 tons or over but under 1,000 tons...........	12,544	1,568
1,000 tons or over but under 2,000 tons..........	15,360	1,920
2,000 tons or over but under 4,000 tons..........	26,880	3,360
4,000 tons or over but under 6,000 tons..........	37,504	4,688
6,000 tons or over but under 8,000 tons..........	48,000	6,000
8,000 tons or over but under 10,000 tons.........	57,600	7,200
10,000 tons or over.......................	57,600 plus	7,200 plus
	$2,720 for each 2,000 tons or part of 2,000 tons over 10,000	$340 for each 2,000 tons or part of 2,000 tons over 10,000

"(3) The fee payable in respect of a survey before the renewal of a certificate under sub-item (2) is the fee prescribed in respect of one year multiplied by the number of years for which the certificate is being renewed.

"(4) Where a survey, other than a survey of a new ship or a ship that has not previously been surveyed in Australia, is made for the purpose of obtaining the renewal of a certificate of a type referred to in sub-item 1 (1) or (2) for a period of less than 11 months, the fee for the survey is—

(a) an amount, assessed at the rate of one-twelfth of the fee otherwise payable for the survey, for each month or part of a month in the period; or

(b) an amount equal to one-quarter of the fee otherwise payable for the survey,

whichever is the greater.";

(d) by omitting item 2 and substituting the following item:

"2. The fee for an inspection referred to in sub-regulation 14 (4) of these Regulations is the fee determined in accordance with the following table:

Column 1	Column 2
Gross tonnage of ship	Fee
	$
Under 1,000 tons...........................................	392
1,000 tons or over but under 2,000 tons............................	480
2,000 tons or over but under 4,000 tons............................	840
4,000 tons or over but under 6,000 tons............................	1,172
6,000 tons or over but under 8,000 tons............................	1,500
8,000 tons or over but under 10,000 tons...........................	1,800
10,000 tons or over.........................................	2,000"

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

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for survey before issue of certificate	Fee for survey before renewal of certificate
	$	$
Under 300 tons...............................	1,425	475
300 tons or over but under 1,600 tons................	2,850	950
1,600 tons or over but under 3,000 tons...............	3,705	1,235
3,000 tons or over but under 10,000 tons..............	5,415	1,805
10,000 tons or over but under 25,000 tons.............	8,265	2,755
25,000 tons or over but under 50,000 tons.............	9,405	3,135
50,000 tons or over............................	11,115	3,705

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

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for survey before issue of certificate	Fee for survey before renewal of certificate
	$	$
Under 1,600 tons..............................	2,450	550
1,600 tons or over but under 3,000 tons................	3,105	635
3,000 tons or over but under 10,000 tons...............	4,515	905
10,000 tons or over but under 25,000 tons..............	7,365	1,855
25,000 tons or over but under 50,000 tons..............	8,505	2,235
50,000 tons or over.............................	10,215	2,805

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

Column 1	Column 2
Gross tonnage of ship	Fee
	$
Under 1,600 tons.............................. 1,600 tons or over but under 3,000 tons................ 3,000 tons or over..............................	400
	600
	900

(h) by omitting from paragraph 6 (1) (a) "$276" and substituting "$552";

(i) by omitting from paragraph 6(1) (b) "$540" and substituting "S1080";

(j) by omitting from item 7 "$360" and substituting "$720";

(k) by omitting from item 8 "$24" and substituting "$48";

(1) by omitting from sub-item 9 (1) "or a certificate of survey for a River Murray ship";

(m) by omitting from the heading to the table in sub-item 9 (1) "registered";

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

Column 1	Column 2
Gross tonnage of ship	Fee
	$
Under 500 tons............................. 500 tons or over but under 5,000 tons........... 5,000 tons or over but under 10,000 tons......... 10,000 tons or over..........................	480
	720
	960
	1,200

(o) by omitting from sub-item 11 (2) "a certificate of survey for a River Murray ship,";

(p) by inserting after item 11 the following item:

"11a. Where, under Part IV of the Act, a ship has been inspected in accordance with the control provisions of the Safety Convention, or the Load Line Convention, or for seaworthiness, and a defect is found, there is payable—

(a) for the first visit by a surveyor—a fee of $120; and

(b) for each subsequent visit by a surveyor—a fee of $60.";

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

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for first visit by surveyor	Fee for each subsequent visit by surveyor
	$	$
Under 500 tons................................	720	240
500 tons or over but under 5,000 tons..................	1,360	454
5,000 tons or over but under 10,000 tons................	2,260	754
10,000 tons or over..............................	3,000	1,000

(r) by omitting from sub-item 12 (3) "certificate of survey for a passenger ship or a certificate of survey for a cargo ship" and substituting "renewal of a certificate of survey for a passenger ship or for a cargo ship";

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

Column 1	Column 2	Column 3
Gross tonnage of ship	Fee for first visit by surveyor	Fee for each subsequent visit by surveyor
	$	$
Under 500 tons................................	120	40
500 tons or over but under 1,000 tons..................	480	160
1,000 tons or over...............................	720	240

(t) by omitting from sub-item 13 (2) "certificate of survey for a passenger ship or a certificate of survey for a cargo ship" and substituting "renewal of a certificate of survey for a passenger ship or for a cargo ship";

(u) by omitting from paragraph 13 (3) (c) "registered";

(v) by inserting after item 13 the following items:

"13a. (1) A person holding, or for the time being performing the duties of, an office in the Department of Transport may undertake an assessment of a ship in respect of, and may issue, for use for the purposes of complying with the laws of another country or with internationally recognized codes or standards, a certificate of fitness for, the carriage in that ship of chemicals and liquefied gas.

"(2) There is payable, in respect of an assessment under sub-item (1)—

(a) for an assessment for the issue of a certificate—a fee of $11,000; and

(b) for an assessment for the renewal of a certificate—a fee of $5,300.

"13b. (1) A person holding, or for the time being performing the duties of, an office in the Department of Transport may undertake an assessment of a ship, and may certify the ship, for the purposes of complying with the laws of another country or with internationally recognized codes or standards, for the carriage in that ship of solid bulk cargoes, including cargoes that may liquefy under the stimulus of vibration and motion of a ship in a seaway.

"(2) There is payable, in respect of an assessment under sub-item (1)—

(a) for an assessment for the issue of a certificate—a fee of $2,000; and

(b) for an assessment for the renewal of a certificate—a fee of $1,000."; and

(w) by omitting from item 22 "registered".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1981.

2. Statutory Rules 1968 No. 41 as amended by 1969 No. 203; 1972 Nos. 42 and 193; 1975 No. 113; 1976 Nos. 119 and 284; 1977 No. 273; 1978 No. 222; 1979 No. 199; 1980 No. 248.

Overview

The Navigation (Survey) Regulations 1981, made under the Navigation Act 1912, aim to streamline and standardise the fees associated with ship surveys and inspections necessary for the issuance and renewal of various certificates. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations adjust the fee structures for different categories of ships based on their gross tonnage, ensuring that the fees align with the costs of conducting these surveys and inspections. This legislative instrument addresses the need for updated and clear fee schedules to facilitate maritime operations while maintaining safety and compliance standards. The policy objective of these regulations is to provide a transparent and structured approach to charging fees for maritime surveys and inspections, which is essential for the effective regulation and oversight of shipping activities within Australian waters. By clearly defining the fees associated with various ship surveys and inspections, the regulations aim to reduce administrative burdens and ensure that the fees are proportionate to the services provided, thereby supporting the efficient operation of the maritime industry.

Scope and Application

The Navigation (Survey) Regulations 1981, as amended, apply to ships that require a survey and certification under the Navigation Act 1912. These regulations govern the fees associated with the survey and issuance or renewal of certificates of survey for various categories of ships, including cargo ships, passenger ships, and other vessels. The fees are determined based on the gross tonnage of the ship and the type of survey required. The regulations also specify the fees for inspections and the issuance of certificates of fitness for carrying specific types of cargo, such as chemicals, liquefied gas, and solid bulk cargoes. These fees are structured to reflect the complexity and scope of the survey work necessary to ensure compliance with Australian maritime laws and international standards. The regulations extend across the Commonwealth of Australia and apply to both domestic and international maritime activities within Australian jurisdiction. Certain exclusions and exemptions may apply, particularly concerning specific types of ships or cargoes, as detailed in the regulations. The application and enforcement of these fees and requirements may be further defined or adjusted through subordinate instruments issued under the authority of the Navigation Act 1912.

Key Provisions

The Navigation (Survey) Regulations 1981, as amended, establish the framework for the survey and certification of ships to ensure they meet the necessary safety and operational standards for navigation. These regulations, which came into effect on 1 October 1981, primarily revise the fees associated with various types of ship surveys and inspections, as well as the conditions under which these fees are charged (Sections 2 and 3). The fees vary based on the gross tonnage of the ship and the type of certificate being issued or renewed, with detailed fee schedules provided in the Fourth Schedule (Section 3(a)-(w)). The Act imposes several obligations on parties and entities involved in the maritime industry. Ship owners and operators are required to ensure that their vessels undergo regular surveys and inspections as stipulated by the regulations, with fees payable according to the ship's gross tonnage and the type of service being provided. The Department of Transport is authorised to undertake assessments and issue certificates of fitness for the carriage of specific types of cargo, such as chemicals, liquefied gas, and solid bulk cargoes, in accordance with international standards and the laws of other countries (Sections 13a and 13b). These certificates are mandatory for compliance with international regulations and must be renewed periodically. Failure to comply with the provisions of these regulations can result in civil or criminal consequences. For example, operating a ship without the required survey certificates can lead to fines and penalties, as the regulations are designed to ensure the safety of navigation and the protection of maritime interests. While the specific penalties for breaches are not detailed within the regulations themselves, they are generally governed by the broader Navigation Act 1912 and related maritime legislation, which can include substantial fines and potential imprisonment for serious offences. The regulations also detail the fees for various types of ship surveys and inspections, including those for cargo ships, passenger ships, and other categories based on the ship's gross tonnage. For instance, the fee for a survey of a cargo ship with a gross tonnage of over 500 tons but under 1,000 tons before the issue of a certificate is $12,544, and for renewal, it is $1,568 (Fourth Schedule, item 1). These fees are intended to cover the costs associated with conducting the necessary surveys and inspections to ensure compliance with safety and operational standards.

Area of Law: Maritime Law
Instrument: Regulation
Concepts: Commencement Provisions; Fees; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards; Licensing & Registration

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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.

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