Protection of the Sea (Civil Liability) Regulations 1983

Protection of the Sea (Civil Liability) Regulations 1983

Statutory Rules No. 222, 1983

made under the

Protection of the Sea (Civil Liability) Act 1981

Compilation No. 4

Compilation date: 20 March 2024

Includes amendments: F2024L00294

Registered: 8 April 2024

About this compilation

This compilation

This is a compilation of the Protection of the Sea (Civil Liability) Regulations 1983 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of Regulations

2 Interpretation

4 Acceptable guarantees

5 Relevant insurance certificate (Act s 15)

7 Person with whom application for insurance certificate must be lodged

9 Fee for issue of an insurance certificate

10 Person to whom copy of insurance certificate must be forwarded

11 Relevant insurance certificate—prescribed information

12 Relevant insurance certificate—prescribed amount

13 Tonnage of certain ships

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Regulations

  These Regulations are the Protection of the Sea (Civil Liability) Regulations 1983.

2  Interpretation

 (1) In these Regulations, unless the contrary intention appears, the Act means the Protection of the Sea (Civil Liability) Act 1981.

 (2) In these Regulations, except in so far as the contrary intention appears, an expression used in a regulation made for the purposes of a provision in either Part II or Part III of the Act, and used in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that regulation, the same meaning as in the Convention.

4  Acceptable guarantees

  Each of the following kinds of guarantees are acceptable for the purposes of paragraph 3 of Article V of the Convention:

 (a) a guarantee given by a bank within the meaning of the Banking Act 1959;

 (b) a letter of guarantee given by an organization known as a Protection and Indemnity Club, being an organization the members of which carry on the business of marine insurance including insurance in respect of pollution damage;

 (c) a guarantee given by a guarantor approved by the Minister or by an officer of the Authority authorized in writing by the Minister for the purpose of this regulation.

5  Relevant insurance certificate (Act s 15)

  A certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of a country to which the Civil Liability Convention applies in respect of a ship registered in a country that is not a country to which the Civil Liability Convention applies, being a certificate issued on behalf of the Government of that last‑mentioned country, shall be taken to be a relevant insurance certificate in respect of that ship for the purposes of paragraph 15 (7) (c) of the Act.

7  Person with whom application for insurance certificate must be lodged

  For subsection 16 (2) of the Act, a person who performs the duties of any of the following positions in the Authority is a prescribed person:

 (a) Manager, Environment Protection;

 (b) Deputy Chief Executive Officer, Maritime Standards Division.

9  Fee for issue of an insurance certificate

 (1) Subject to subregulation (2), a fee of $70 is prescribed for the issue of an insurance certificate in respect of a ship under section 16 of the Act.

 (2) A fee of $40 is prescribed for the renewal of a certificate mentioned in subregulation (1) if there are no changes to any material particulars (other than period of operation).

10  Person to whom copy of insurance certificate must be forwarded

  For subsection 16 (6) of the Act, a person who performs the duties of Deputy Chief Executive Officer, Maritime Standards Division, in the Authority is a prescribed person.

11  Relevant insurance certificate—prescribed information

 (1) For the definition of relevant insurance certificate in section 19A of the Act, the following information is prescribed:

 (a) the name of the ship;

 (b) the name of the ship’s owner;

 (c) the name and business address of the person who is providing insurance or other financial security in respect of the ship to cover the liability of the ship’s owner for pollution damage caused in Australia;

 (d) the information referred to in subregulation (2);

 (e) the amount of cover provided under the policy of insurance or financial security, being an amount that is at least the amount referred to in subregulation 12 (1).

 (2) For paragraph (1) (d), the information is:

 (a) if the document is a Certificate of Entry issued by a Protection and Indemnity Club—the day when the insurance or financial security commences, being a day that is:

 (i) not earlier than the last 20 February before the day when the ship enters or leaves, or attempts to enter or leave, a port in Australia; or

 (ii) if the ship enters or leaves, or attempts to enter or leave, a port in Australia after 19 February but before 20 March in a year—not earlier than 20 February in the previous year; or

 (b) in any other case—the period of validity of the insurance or financial security, being a period that includes the day when the ship enters or leaves, or attempts to enter or leave, a port in Australia.

12  Relevant insurance certificate—prescribed amount

 (1) For the definition of relevant insurance certificate in section 19A of the Act, the prescribed amount is the amount necessary to cover the liability of the ship’s owner for pollution damage in respect of an incident up to:

 (a) if the Convention applies to the ship—the limit of liability for the ship under the applied provisions of the Convention; or

 (b) if the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the 1996 Protocol, applies to the ship—the total of the limits of liability, for the ship, for each kind of claims under that Convention, as it has effect for Australia under the Limitation of Liability for Maritime Claims Act 1989.

Note: The Convention on Limitation of Liability for Maritime Claims and the 1996 Protocol are reproduced in Schedules 1 and 1A, respectively, of the Limitation of Liability for Maritime Claims Act 1989.

 (2) In this regulation:

incident means an occurrence, or series of occurrences, having the same origin.

13  Tonnage of certain ships

  The gross tonnage of a ship for which no gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969 is taken, for the purpose of paragraph 19B (1) (b) of the Act, to be:

 (a) if the ship has an overall length of less than 33 metres—less than 400 tons; or

 (b) if the ship has an overall length of at least 33 metres—at least 400 tons.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history