EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 230
Issued under the authority of the Minister for Transport and Regional Services
Protection of the Sea (Civil Liability) Act 1981
Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1)
Section 27 of the Protection of the Sea (Civil Liability) Act 1981 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Regulations amended the Protection of the Sea (Civil Liability) Regulations 1983 to:
1. Remove “Manager, Ship Safety” from the position in regulation 7 as one of the persons with whom an application for an insurance certificate must be lodged, since this position no longer exists within the Australian Maritime Safety Authority and replaced it with “Manager, Environmental Standards”;
2. Clarify that the fee mentioned in subregulation 9(2) is for the renewal of an insurance certificate;
3. Amend the reference to the Convention on Limitation of Liability for Maritime Claims 1976 adopted by the International Conference on Limitation for Maritime Claims at London on 19 November 1976; the Convention title simply states “Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol”, as the reference to where the Convention was held was irrelevant; and
4. Update the required application for a certificate of insurance to reflect current practice, including the addition of explanatory notes to assist applicants in completing the form.
Details of the Regulations are set out in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commenced on the day after registration on the Federal Register of Legislative Instruments.
ATTACHMENT
DETAILS OF THE PROTECTION OF THE SEA (CIVIL LIABILITY) AMENDMENT REGULATIONS 2006 (NO. 1)
Regulation 1 – Name of Regulations
Regulation 1 is a formal provision specifying the name of the Regulations.
Regulation 2 – Commencement
Regulation 2 provides that the Regulations commence on the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of the Protection of the Sea (Civil Liability) Regulations 1983
Regulation 3 provides that Schedule 1 amends the Protection of the Sea (Civil Liability) Regulations 1983.
SCHEDULE 1 – AMENDMENTS
Item [1] – This item replaces the reference to the position of “Manager, Ship Safety” in paragraph 7(a) with “Manager, Environmental Protection Standards” to reflect the current structure of the Australian Maritime Safety Authority.
Item [2] – This item clarifies that the prescribed fee under subregulation 9(2) is for the renewal of a certificate.
Item [3] – This item corrects the name of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol which is incorrectly referred to in paragraph 12(1)(b).
Item [4] – This item replaces the current prescribed form for an application for a certificate of insurance to reflect current practice, including the addition of explanatory notes to assist applicants in completing the form.
Overview
The Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1) were enacted to address minor administrative updates to the Protection of the Sea (Civil Liability) Regulations 1983. These amendments were introduced to ensure that the regulations remain current and functional within the administrative structure of the Australian Maritime Safety Authority, and to clarify certain processes related to the application and renewal of insurance certificates under the Protection of the Sea (Civil Liability) Act 1981. Enacted under the authority of the Minister for Transport and Regional Services, these amendments aim to streamline the administrative processes by updating references and forms to reflect the current organisational structure and practices. The Parliament authorised these changes to maintain the effectiveness and relevance of the regulatory framework without altering the substantive legal obligations or rights under the Act.
Scope and Application
The Protection of the Sea (Civil Liability) Act 1981 applies to matters concerning the protection of the sea from pollution by oil or other hazardous substances, providing a framework for civil liability in such cases. The Act applies to all persons and entities involved in the operation of ships and offshore installations within Australian waters, including ship owners, operators, charterers, and insurers. The geographic scope of the Act extends to Australian territorial waters and the Australian Exclusive Economic Zone, encompassing both Commonwealth and state waters. The Act allows for the creation of subordinate instruments, such as the Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1), which were made under section 27 of the Act to ensure the smooth operation of the legislative framework. These Regulations made minor amendments to the Protection of the Sea (Civil Liability) Regulations 1983, including updates to the position titles within the Australian Maritime Safety Authority, clarifications on fees for certificate renewals, corrections to references in the Convention on Limitation of Liability for Maritime Claims, and updates to the application form for insurance certificates to align with current practices. The Regulations do not introduce any new substantive changes but aim to refine the existing regulatory framework for better clarity and efficiency.
Key Provisions
The Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1) amend the Protection of the Sea (Civil Liability) Regulations 1983, primarily by updating and clarifying certain provisions to align with current practices and organisational structures within the Australian Maritime Safety Authority (AMSA). Regulation 7(a), which previously referred to lodging an application for an insurance certificate with the "Manager, Ship Safety," now requires the application to be lodged with the "Manager, Environmental Protection Standards" (Regulation 3, Item 1). This change reflects the current organisational structure of AMSA. The Regulations also clarify that the fee under subregulation 9(2) pertains to the renewal of an insurance certificate (Regulation 3, Item 2). Additionally, the Regulations correct the reference to the "Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol" to accurately reflect the updated title of the Convention (Regulation 3, Item 3). Finally, the Regulations update the application form for a certificate of insurance to reflect current practice, including the addition of explanatory notes to assist applicants (Regulation 3, Item 4).
The Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1) impose specific obligations on parties applying for insurance certificates under the Act. They must now lodge their applications with the "Manager, Environmental Protection Standards" instead of the "Manager, Ship Safety" (Regulation 3, Item 1). Furthermore, applicants must pay the prescribed fee for the renewal of an insurance certificate (Regulation 3, Item 2). The updated application form, which includes explanatory notes, must be used to ensure compliance with the new requirements (Regulation 3, Item 4). These obligations are designed to streamline the application process and ensure that applicants are aware of the necessary steps and information required to complete their applications accurately.
Under the Protection of the Sea (Civil Liability) Amendment Regulations 2006 (No. 1), there are no specific offences or penalties outlined for non-compliance. However, failure to adhere to the updated application procedures and requirements could potentially lead to delays or refusals in the issuance of insurance certificates. Given that the Regulations are of a minor or machinery nature, the primary consequence of non-compliance would likely be administrative rather than a formal penalty. It is important for applicants to carefully follow the updated application process to avoid any potential issues with their applications.