Navigation (Wrecks and Salvage) Regulations (Amendment)

Overview

The Navigation (Wrecks and Salvage) Regulations (Amendment) 1991, made under section 425 of the Navigation Act 1912, were enacted to address the administrative changes resulting from the establishment of the Australian Maritime Safety Authority (AMSA) on 1 January 1991. The enactment of the Australian Maritime Safety Authority Act 1990 necessitated amendments to existing regulations to reflect the transfer of maritime standards and safety functions from the Department of Shipping and Aviation to the AMSA. These regulations, issued by the authority of the Minister for Shipping and Aviation Support, ensure the continuity of regulatory oversight by replacing references to the Minister, the Department, or officers of the Department with references to the AMSA or its officers. This amendment streamlines the administration of maritime safety and wreck removal activities under the Navigation Act 1912, aligning them with the new structure and responsibilities of the AMSA. Additionally, the regulations removed the requirement for ship masters to log births or deaths on board, transferring this duty directly to the Act itself.

Scope and Application

The Navigation (Wrecks and Salvage) Regulations (Amendment) 1991 No. 381, issued under the authority of the Minister for Shipping and Aviation Support, amends existing regulations to align with the establishment of the Australian Maritime Safety Authority (AMSA) under the Australian Maritime Safety Authority Act 1990. These regulations apply to the maritime industry, specifically those involved in navigation, wrecks, and salvage activities within Australia. The amendments replace references to the Minister, the Department, or officers of the Department with references to the Authority or its officers, reflecting the administrative changes brought about by the AMSA Act. Furthermore, the Navigation (Master and Seamen) Regulations have been altered to remove the requirement for ship masters to note births or deaths on board in the ship's log, as this obligation is now directly imposed by section 418 of the Navigation Act 1912. These regulations are applicable nationally, encompassing all Australian maritime activities within the jurisdiction of the Commonwealth.

Key Provisions

The Navigation (Wrecks and Salvage) Regulations (Amendment) 1991 No. 381 introduces significant amendments to the existing regulations under the Navigation Act 1912 (the Act). Most notably, section 425 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and these regulations have been updated to reflect administrative changes. Specifically, references to the Minister, the Department, or officers of the Department have been replaced with references to the Australian Maritime Safety Authority (the Authority) or its officers as appropriate (s.425). This change aligns with the Australian Maritime Safety Authority Act 1990, which established the Authority from 1 January 1991, taking over maritime standards and safety functions from the Department. In addition to these administrative changes, the regulations have also amended the Navigation (Master and Seamen) Regulations. Subregulation 25(2) has been deleted, removing the previous requirement for the master of a ship to note in the ship's log particulars of any births or deaths on board. This obligation has been shifted to section 418 of the Act, which now directly imposes this requirement (s.418). The rest of the regulations remain unchanged, ensuring that all other provisions continue to operate as before. Entities governed by these regulations, such as ship operators and masters of ships, are required to adhere to the updated administrative framework. This includes recognising the Authority as the governing body for maritime standards and safety and complying with any new or existing requirements imposed by the Act and the amended regulations. Furthermore, ship masters must now ensure that any births or deaths on board are recorded in accordance with section 418 of the Act. Failure to comply with the provisions of the Navigation (Wrecks and Salvage) Regulations (Amendment) 1991 No. 381 could result in various consequences. While the specific penalties are not outlined in the explanatory statement, breaches of maritime regulations can typically lead to civil or criminal penalties under the Navigation Act 1912 or other related legislation. The maximum penalties for such breaches can vary widely, depending on the nature and severity of the offence, but they may include fines, imprisonment, or both. It is essential for all parties to be aware of their obligations under the Act and the amended regulations to avoid any potential legal repercussions.