Protection of the Sea (Shipping Levy) Act 1981

Overview

The Protection of the Sea (Shipping Levy) Act 1981 was enacted by the Parliament of Australia to address the problem of marine pollution caused by oil spills from ships in Australian ports. The Act imposes a levy on ships carrying a certain quantity of oil on board when they are in Australian ports. The primary objective of the Act is to generate funds for the protection of the sea from pollution by oil from ships, thus contributing to the preservation of marine environments. The levy is imposed on ships with a tonnage length of not less than 24 metres, excluding those belonging to the Defence Force of Australia or the armed forces of other countries, as well as government-owned ships not engaged in trade. The Act came into operation on a date fixed by Proclamation and repealed the previous Pollution of the Sea by Oil (Shipping Levy) Act 1972. The Protection of the Sea (Shipping Levy Collection) Act 1981 is incorporated into this Act, ensuring a cohesive legal framework for the collection and application of the shipping levy. The rate and minimum amount of the levy are prescribed and subject to regulations made by the Governor-General, providing flexibility in the administration of the levy to meet changing circumstances and needs.

Scope and Application

The Protection of the Sea (Shipping Levy) Act 1981 is an Australian legislative framework designed to impose a levy on ships that are present in Australian ports and carry a certain quantity of oil on board. This Act applies to ships with a tonnage length of at least 24 metres, excluding vessels that belong to or are possessed by the Defence Force of Australia, the armed forces of other countries, or governmental entities that are not engaged in trade. Additionally, ships whose beneficial interests are vested in governmental bodies and that do not engage in trade are also excluded from the Act's application. The Act encompasses ships that are either operational or laid up. The levy is imposed for each quarter when the ship is in an Australian port and has at least 10 tonnes of oil on board. The rate and minimum amount of the levy are prescribed by regulations, which may be made by the Governor-General under the authority of the Act. The Act applies nationally across Australia, and its application can be further refined or extended through subordinate regulations.

Key Provisions

The Protection of the Sea (Shipping Levy) Act 1981 (sections 5-8) sets out the imposition, rate, and minimum amount of the shipping levy, as well as the application of the Act. Section 5 states that a levy is imposed on a ship in an Australian port with at least 10 tonnes of oil on board. The rate of the levy (section 6) is determined per ton of the ship's tonnage and is prescribed in regulations. If the levy would otherwise be less than a specified minimum amount (section 7), that minimum amount applies instead. Section 8 defines the scope of the Act, applying it to ships with a tonnage length of at least 24 metres, excluding certain government and military vessels, as well as those not engaged in trade. The Act imposes certain obligations on the parties it governs. Shipowners and operators must ensure compliance with the levy requirements (sections 5-7) when their ships meet the criteria outlined in section 8. The Act also requires the Governor-General to make regulations for the purposes of sections 6 and 7 (section 9). The Act's application is limited to ships that are not in the exclusive possession of Australian or foreign governments or authorities, as well as those not engaged in trade (section 8(1)(a)-(c)). Breach of the Act's provisions may result in civil and criminal penalties. While specific penalties are not outlined in the Act itself, the Protection of the Sea (Shipping Levy Collection) Act 1981, incorporated with this Act, provides for the imposition of fines and other enforcement measures. The maximum penalties for non-compliance are determined by the relevant state or territory legislation and may include fines, imprisonment, or both. It is important to note that the specific penalties will depend on the jurisdiction in which the breach occurs and the nature and severity of the offence.