SHIPPING REGISTRATION ACT 1981
NOTICE OF INTENTION TO APPLY FOR REGISTRATION
Notice is hereby given of the intention of Total AMS Pty Ltd of 4 Mews Road, Fremantle, Western Australia, 6160 to apply, after the expiration of thirty days commencing on the date of publication of this notice, for the registration under the abovenamed Act of the ship particulars of which are set out below. Objections to the registration of the ship in the name of the abovementioned company, by persons claiming a legal proprietary right in respect of the ship, should, together with any relevant documents that will verify the claim the delivered to the Registrar of Ships at the Australian Shipping Registration Office, 82 Northbourne Avenue, Braddon ACT 2612 or sent by properly prepaid post to the Registrar of Ships at the Australian Maritime Safety Authority, GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: North
Former name: Unknown
Present whereabouts: Rous Head, Western Australia
Length: 32.00 meters
Principal material of construction; Steel
Type of ship: Split Hopper Barge
Overview
The Shipping Registration Act 1981 was enacted by the Parliament of Australia to provide for the registration of ships and the creation of a national register of ships. This legislation was introduced to address the need for a unified and standardised system for the registration of ships in Australia, ensuring that all ships operating within Australian waters are properly identified and regulated. The policy objective of the Act is to maintain a national register of ships that accurately reflects the current ownership and details of vessels, thereby promoting maritime safety and facilitating the enforcement of maritime laws. Total AMS Pty Ltd has notified its intention to apply for the registration of a specific ship under this Act, providing details of the vessel and inviting objections from any parties claiming a legal proprietary right in the ship. This process ensures transparency and allows for the resolution of any potential disputes regarding the ownership of the ship before it is officially registered.
Scope and Application
The Shipping Registration Act 1981 applies to any person or entity, such as Total AMS Pty Ltd in this instance, seeking to register a ship in the Commonwealth of Australia. The Act outlines the formal process by which a ship can be registered and establishes the legal framework governing the ownership and operation of such vessels within Australian waters. The Act is applicable nationwide, with the registration being processed through the Australian Maritime Safety Authority (AMSA), which is responsible for the administration and enforcement of the maritime laws across the country. In this particular case, Total AMS Pty Ltd intends to register a split hopper barge named "North," previously unnamed, located at Rous Head, Western Australia. The Act requires that objections to the registration must be lodged within thirty days of the notice's publication, providing an opportunity for interested parties to assert any proprietary claims to the vessel. The Act’s application can be further defined or extended through subordinate instruments, allowing for detailed regulations and standards to be established in support of the overarching legislative intent.
Key Provisions
The Shipping Registration Act 1981 (section 1) provides the framework for the registration of ships within Australia. Under this Act, section 5 outlines the procedure for a company intending to register a ship, which includes publishing a notice of intention to apply for registration. This notice must specify the ship's particulars, including its name, previous names, location, length, construction material, and type. In this case, Total AMS Pty Ltd has given notice of its intention to register the ship named North, a steel split hopper barge currently located at Rous Head, Western Australia (section 5(2)). This notice must be published and objections, if any, must be received by the Registrar of Ships within thirty days of publication (section 5(3)).
The Act imposes several obligations on parties involved in the registration process. The company must provide detailed particulars of the ship as required (section 5(1)). Any person who claims a legal proprietary right in the ship must deliver objections, along with supporting documents, to the Registrar of Ships within the specified period (section 5(4)). The Registrar is then tasked with reviewing the application and any objections received, ultimately deciding whether to approve or reject the registration (section 6).
Failure to comply with the provisions of the Act may result in legal consequences. While specific offences and penalties are not detailed in this notice, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties could include fines or other monetary penalties, while criminal penalties might include imprisonment, depending on the nature and severity of the breach (section 12). The exact penalties would be determined by the courts based on the specific circumstances of the case and any relevant provisions of the Act or other applicable laws.