Navigation (Survey) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 248, titled "Regulations under the Navigation Act 1912," were enacted to amend the Navigation (Survey) Regulations and introduce new definitions and survey requirements for specific ships. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and date from 19 August 1980. These Regulations aim to address the need for efficient and effective maritime safety inspections by updating the survey and inspection intervals for ships, particularly focusing on those that cannot enter dry-docks due to their design. The policy objective behind these amendments is to ensure the safety and seaworthiness of ships while maintaining practical and efficient inspection processes.

Scope and Application

The Navigation (Survey) Regulations, as amended by Statutory Rules 1980 No. 248, apply to ships that require surveys under the Navigation Act 1912, particularly cargo ships and prescribed ships. These regulations specify the conditions under which surveys must be conducted, including the requirement for certain surveys to be carried out while the ship is in dry-dock or on a slip, except for prescribed ships which may allow for in-water surveys under specific conditions. The regulations also introduce the concept of a "prescribed ship," which is a cargo ship that cannot, due to its design, enter any dry-dock in Australia, thus necessitating special survey arrangements. The scope of these regulations extends to the entire Commonwealth of Australia, governing the maritime industry and ensuring vessel safety and compliance with maritime standards. Exclusions and special provisions are made for prescribed ships, which are subject to different survey requirements, and small ships where surveys can be efficiently conducted while the ship is laid over on a beach or bank at low tide. The regulations further adjust the frequency of certain inspections from a two-year period to a 30-month period, ensuring regular maintenance and compliance checks are carried out more frequently.

Key Provisions

The main operative sections of these Regulations under the Navigation Act 1912 (referred to as the "Regulations") primarily concern the amendments to the Navigation (Survey) Regulations. Regulation 4 of these Regulations amends the definition of "prescribed ship" to mean a cargo ship that cannot, by reason of its special design, enter any dry-dock situated in Australia. Regulation 11 of these Regulations sets out the requirements for surveys of the hull, rudder, propeller, shafts, and underwater fittings of certain ships. Specifically, Regulation 11(1) states that such surveys must be carried out while the ship is in dry-dock or on a slip, except in the case of a prescribed ship or a small ship that can be surveyed while laid over on a beach or bank left dry at low tide. Regulation 11A provides for the survey of a prescribed ship while it is in water, with the possibility of the Minister directing a survey while the ship is out of water if necessary. Regulation 11A(4) mandates that such surveys for a prescribed ship must be conducted once every 30 months. Regulation 13A requires the inspection of the hull of cargo ships every 30 months, and Regulation 14 further specifies that such inspections apply to all cargo ships except prescribed ships. The obligations imposed by these Regulations on the parties or entities they govern include the requirement to ensure that surveys of the hull, rudder, propeller, shafts, and underwater fittings are carried out in accordance with the specified regulations. Ship owners and operators must ensure that their vessels comply with the survey requirements, particularly if they are designated as prescribed ships or are required to be surveyed while in water. Furthermore, the Regulations impose an obligation on surveyors to conduct the surveys in a manner that ensures the safety and seaworthiness of the ships. The Minister’s role includes certifying ships as prescribed ships, directing surveys while the ship is out of water if necessary, and ensuring that the prescribed 30-month survey period is adhered to. Breach of these Regulations can lead to various civil or criminal consequences. For instance, failure to conduct the required surveys or inspections can result in fines or other penalties as stipulated by the Navigation Act 1912. The maximum penalties for breaches of the Navigation Act 1912 can include fines up to $12,600 for individuals and $63,000 for corporations, with additional penalties for repeated or serious offences. These penalties reflect the importance of compliance with maritime safety and survey requirements to protect maritime safety and ensure the operational integrity of vessels.