Navigation (Survey) Regulations (Amendment)

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Statutory Rules

1979 No. 199

REGULATIONS UNDER THE NAVIGATION ACT 19121

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 September 1979.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Transport

–––––––––––

AMENDMENTS OF THE NAVIGATION (SURVEY) REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 October 1979.

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..................	720
Exceeding 100 tons but not exceeding 500 tons...	1,080
Exceeding 500 tons but not exceeding 1,000 tons.	1,176
Exceeding 1,000 tons but not exceeding 2,000 tons	1,620
Exceeding 2,000 tons but not exceeding 4,000 tons	2,844
Exceeding 4,000 tons but not exceeding 6,000 tons	4,284
Exceeding 6,000 tons but not exceeding 8,000 tons	5,676
Exceeding 8,000 tons but not exceeding 10,000 tons	7,020
Exceeding 10,000 tons...................	7,020	plus $1,512 for each 2,000 tons or part of 2,000 tons over 10,000

(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................	600
Exceeding 100 tons but not exceeding 500 tons	900
Exceeding 500 tons but not exceeding 1,000 tons	980
Exceeding 1,000 tons but not exceeding 2,000 tons	1,200
Exceeding 2,000 tons but not exceeding 4,000 tons	2,100
Exceeding 4,000 tons but not exceeding 6,000 tons	2,930
Exceeding 6,000 tons but not exceeding 8,000 tons	3,750
Exceeding 8,000 tons but not exceeding 10,000 tons	4,500
Exceeding 10,000 tons.................	4,500	plus $530 for each 2,000 tons or part of 2,000 tons over 10,000

(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.......	8,256	1,424	324
Exceeding 1,000 but not exceeding 2,000	17,252	2,168	516
Exceeding 2,000 but not exceeding 4,000	29,700	3,272	780
Exceeding 4,000 but not exceeding 6,000	41,472	3,804	936
Exceeding 6,000 but not exceeding 8,000	51,632	4,356	1,064
Exceeding 8,000 but not exceeding 10,000	61,788	4,740	1,196
Exceeding 10,000 but not exceeding 12,000	71,916	5,096	1,308
Exceeding 12,000 but not exceeding 14,000	81,980	5,352	1,388
Exceeding 14,000 but not exceeding 16,000	92,040	5,612	1,464

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)
	$	$	$
Exceeding 16,000 but not exceeding 18,000	101,300	5,868	1,544
Exceeding 18,000 but not exceeding 20,000	108,132	6,128	1,620
Exceeding 20,000.......	108,132 plus $6,840 for each 2,000 tons or part of 2,000 tons over 20,000	6,128 plus $516 for each 10,000 tons or part of 10,000 tons over 20,000	1,620 plus $168 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 " $120 "and substituting" $240 ";

(f) by omitting from paragraph (b) of sub-item (4) of item 2 " $90 "and substituting" $180 ";

(g) by omitting from paragraph (a) of sub-item (5) of item 2 " $120 "and substituting" $240 ";

(h) by omitting from paragraph (b) of sub-item (5) of item 2 " $90 "and substituting" $180 ";

(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.......................................	250
Exceeding 300 tons but not exceeding 1,600 tons......................	500
Exceeding 1,600 tons but not exceeding 3,000 tons.....................	650
Exceeding 3,000 tons but not exceeding 10,000 tons....................	950
Exceeding 10,000 tons but not exceeding 25,000 tons...................	1,450
Exceeding 25,000 tons but not exceeding 50,000 tons...................	1,650
Exceeding 50,000 tons.......................................	1,950

(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......................................	300
Exceeding 1,600 tons but not exceeding 3,000 tons.....................	350
Exceeding 3,000 tons but not exceeding 10,000 tons....................	500
Exceeding 10,000 tons but not exceeding 25,000 tons...................	1,000
Exceeding 25,000 tons but not exceeding 50,000 tons...................	1,200
Exceeding 50,000 tons.......................................	1,500

(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......................................	200
Exceeding 1,600 tons but not exceeding 3,000 tons.....................	300
Exceeding 3,000 tons........................................	450

(l) by omitting from paragraph (a) of sub-item (1) of item 6 "$46" and substituting "$276";

(m) by omitting from paragraph (b) of sub-item (1) of item 6 "$90"and substituting "$540";

(n) by omitting from item 7 "$60" and substituting "$360";

(o) by omitting from item 8 "$12" and substituting "$24";

(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.......................................	270
Exceeding 500 tons but not exceeding 5,000 tons......................	450
Exceeding 5,000 tons but not exceeding 10,000 tons....................	900
Exceeding 10,000 tons.......................................	1,080

(q) by omitting from paragraph (b) of sub-item (2) of item 9 " $22 "and substituting" $110 ";

(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......................................	240
Exceeding 500 tons but not exceeding 5,000 tons......................	360
Exceeding 5,000 tons but not exceeding 10,000 tons...................	480
Exceeding 10,000 tons.......................................	600

(s) by omitting the table in sub-item (2) of item 12 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.............................	360	120
Exceeding 500 tons but not exceeding 5,000 tons.............	680	227
Exceeding 5,000 tons but not exceeding 10,000 tons..........	1,130	377
Exceeding 10,000 tons..............................	1,500	500

(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.............................	60	20
Exceeding 500 tons but not exceeding 1,000 tons............	240	80
Exceeding 1,000 tons...............................	360	120

(u) by omitting from paragraph (a) of item 15 "$32" and substituting "$160";

(v) by omitting from paragraph (b) of item 15 "$26" and substituting "$130";

(w) by omitting from paragraph (c) of item 15 "$14" and substituting "$70";

(x) by omitting from paragraph (a) of item 16 "$16" and substituting "$80";

(y) by omitting from paragraph (b) of item 16 "$14" and substituting "$70";

(z) by omitting from paragraph (c) of item 16 "$8" and substituting "$40";

(za) by omitting from item 18 "$12" and substituting "$60"; and

(zb) by omitting from item 18 "$48" and substituting "$240".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 September 1979.

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

Overview

The Statutory Rules 1979 No. 199, titled "Regulations Under the Navigation Act 1912," were enacted to amend the existing Navigation (Survey) Regulations. These amendments were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to update the fees associated with ship surveys in Australian waters, ensuring they reflect current economic conditions and operational costs. The regulations cover fees for various types of surveys, including those for the issue and renewal of Cargo Ship Safety Construction Certificates and inspections, with fees structured according to the gross registered tonnage of the ships. These amendments aim to provide a more accurate and fair fee structure for maritime activities while maintaining the safety and compliance standards required by the Navigation Act 1912.

Scope and Application

The Regulations Under the Navigation Act 1912, as amended, apply to vessels that navigate Australian waters, specifically focusing on the fees associated with the surveys of these vessels. These Regulations are applicable to both domestic and international vessels, which means that any ship, regardless of its flag, that navigates within Australia's jurisdictional waters is subject to these fees. The fees are determined based on the gross registered tonnage of the ship, with different fee brackets specified for different tonnage ranges. The fees are set out in detailed tables within the Regulations, covering various types of surveys and inspections, such as surveys for the issue or renewal of a Cargo Ship Safety Construction Certificate, and fees for inspections and surveyor visits. These Regulations do not explicitly provide for exclusions or exemptions, meaning that all eligible vessels are expected to comply with the fee schedule unless otherwise specified by additional legislative instruments or specific provisions within the primary Act. The scope of the application of these Regulations can be extended or restricted through subordinate instruments issued under the authority of the primary Act.

Key Provisions

The Regulations under the Navigation Act 1912 primarily address the fees associated with ship surveys, inspections, and certifications. These fees are categorised based on the gross registered tonnage of the ship in question, with different rates specified for various ranges of tonnage (section 2). For instance, a ship with a gross registered tonnage of not more than 100 tons would incur a survey fee of $720, while a ship exceeding 10,000 tons but not exceeding 12,000 tons would incur a fee of $1,980 for the survey before the issue of a Cargo Ship Safety Construction Certificate (section 2(b)). The regulations also outline the fees for inspections and renewals of certificates, further stratified by tonnage categories (section 2(d) and 2(j)). Entities and individuals governed by these Regulations are required to pay the specified fees for ship surveys, inspections, and certifications as outlined in the Fourth Schedule. This includes ship owners, operators, and surveyors who must ensure that the appropriate fees are paid to the relevant authorities for the issuance and renewal of ship safety certificates. Non-compliance with the fee structures may result in legal consequences, including potential fines or penalties (section 3). Any breach of these Regulations, such as failure to pay the prescribed fees or non-compliance with survey and inspection requirements, may lead to legal action. The penalties for such breaches are not explicitly stated within the legislative instrument itself, but generally, under the Navigation Act 1912, penalties can include fines and potential criminal charges for serious violations. The exact penalties would be determined by the courts based on the nature and severity of the breach.

Area of Law: Maritime Law
Instrument: Regulation
Concepts: Commencement Provisions; Fees & Charges; Reporting & Disclosure Obligations; 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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