Navigation (Tonnage Measurement) Regulations (Amendment)

Overview

The Navigation (Coasting Trade) Regulations (Amendment), Navigation (Compass) Regulations (Amendment), and Navigation (Tonnage Measurement) Regulations (Amendment) were issued in 1989 under the authority of the Minister for Land Transport and Shipping Support. These regulations are amendments to the Navigation Act 1912, which was enacted to provide for the navigation of ships and the conduct of any business under the Act. The amendments were introduced to address the need to adjust fees payable under the Act for services provided, in line with the Government’s policy of cost recovery in response to cost increases since the last adjustment in October 1988. Specifically, the Navigation (Tonnage Measurement) Regulations (Amendment) increased fees for services in relation to tonnage measurement by up to 14 per cent, effective from 1 January 1990. The new fees were based on the average number of hours taken to perform a service, at an hourly rate of $110.

Scope and Application

The Navigation Act 1912 applies to various entities and individuals involved in the regulation of maritime activities within Australia. This Act encompasses the coasting trade, compass regulations, and tonnage measurement, governing the conduct and operations of vessels within Australian waters. The legislation is applicable to all vessels engaged in the coasting trade, shipowners, masters of vessels, and any person or entity involved in activities that require tonnage measurement or compass regulation. The Act extends across the Commonwealth of Australia, ensuring uniform maritime regulations and standards are enforced. Certain exclusions and exemptions may apply, particularly in cases where specific vessels or operations are granted exceptions by the Minister for Land Transport and Shipping Support. The Act also provides for the creation of subordinate instruments, such as the amending regulations referenced in Statutory Rules 1989 No. 383, which update fees and other provisions to reflect cost increases and operational changes. These regulations are necessary to maintain the effectiveness and relevance of the maritime regulatory framework.

Key Provisions

The main operative sections of the amending Regulations, detailed in Attachment 3, are Regulation 1 and Regulation 2. Regulation 1 specifies that the Regulations will come into operation on 1 January 1990. This date is crucial as it marks the commencement of the new fee structure for services related to tonnage measurement under the Navigation Act 1912. Regulation 2, on the other hand, amends the existing Schedule 6 by increasing the fees for tonnage measurement services. These fees are adjusted to reflect an increase of up to 14 per cent, calculated based on the average number of hours taken to perform the service at an hourly rate of $110. The Regulations impose specific obligations and requirements on the parties governed by them. Primarily, they mandate that the new fee structure, as outlined in Schedule 6, be implemented and adhered to from the date of operation, 1 January 1990. This adjustment is necessary to align with the Government’s policy of cost recovery for services provided under the Act. Additionally, the Regulations require that any fees payable under the Act for tonnage measurement services be calculated in accordance with the new hourly rate and the updated fee structure. Parties involved in the tonnage measurement services must ensure that they comply with these new financial obligations to avoid any non-compliance issues. Any breach of the amended Regulations may lead to civil or administrative penalties, though specific penalties are not detailed in the provided text. The Navigation Act 1912, however, generally outlines the potential consequences for non-compliance with its provisions, which could include fines or other penalties as determined by the relevant authorities. It is important for all parties governed by these Regulations to be aware of their obligations and ensure full compliance to avoid any adverse legal consequences. The specific maximum penalties for non-compliance with the amended Regulations are not explicitly stated in the provided text, but they would typically align with the general enforcement mechanisms available under the Navigation Act 1912.