Protection of the Sea (Shipping Levy) Amendment Act 1984

Overview

The Protection of the Sea (Shipping Levy) Amendment Act 1984 was enacted to address certain gaps and update provisions within the Protection of the Sea (Shipping Levy) Act 1981. This Act was passed by the Queen, in and with the advice and consent of the Senate and the House of Representatives of the Commonwealth of Australia. It specifically targets the amendment of the criteria for imposing a shipping levy by altering the threshold for the ship's length from exceeding 100 tons to being not less than 24 metres. The policy objective of this amendment is to ensure that the shipping levy is applied to vessels of a significant size, thereby enhancing the regulation and oversight of maritime activities impacting the Australian marine environment. The Act came into operation concurrently with the commencement of the Shipping Registration Amendment Act 1984, ensuring alignment with related maritime legislation.

Scope and Application

The Protection of the Sea (Shipping Levy) Amendment Act 1984 applies to ships that meet a specified length criterion, amending the definition from a tonnage-based measure to one based on the length of the vessel. Specifically, the Act applies to any ship whose length is not less than 24 metres, as opposed to the previous threshold of a tonnage exceeding 100 tons. The amendment effectively broadens the scope of the levy to include more vessels, thereby increasing the potential reach of the Act across the maritime industry. The Act's application is within the jurisdictional purview of the Commonwealth of Australia, extending across all maritime activities subject to Australian maritime law. There are no specific exclusions or exemptions detailed within the text, but it is implied that the Act’s application is contingent on the vessel's length and registration under Australian maritime laws. The Act also references other subordinate instruments, such as the Shipping Registration Act 1981, to determine the tonnage length of a ship for the purposes of the levy.

Key Provisions

The Protection of the Sea (Shipping Levy) Amendment Act 1984 introduces changes to the existing Protection of the Sea (Shipping Levy) Act 1981. The key operative sections of the Amendment Act (section 3) modify the definition of a ship subject to the levy. Specifically, section 8 of the Principal Act is amended to redefine the criteria for ship eligibility. Instead of a ship of over 100 tons, the new criteria specify a ship with a length of at least 24 metres. This change is intended to align the shipping levy with more contemporary standards of ship measurement. Additionally, section 3(b) clarifies that the measurement of a ship's length for levy purposes should follow the same method used under the Shipping Registration Act 1981. This Act imposes obligations on ship owners and operators to ensure their vessels comply with the updated criteria for the shipping levy. Ship owners must now measure their vessels' length to confirm they meet the new threshold of 24 metres. If a ship meets this criterion, the owner must comply with the levy requirements as specified under the Principal Act. This includes providing necessary documentation and paying the applicable levy. The updated criteria and measurement method ensure consistency and clarity in levy application, facilitating compliance and enforcement. Failure to comply with the provisions of the amended Act may result in civil or criminal penalties. While specific penalties are not detailed in the provided excerpt, breaches of maritime legislation often entail fines and other sanctions. The severity of penalties may depend on factors such as the extent of non-compliance and any harm caused to the marine environment. Courts may impose financial penalties on individuals or companies found guilty of levy evasion or incorrect measurement reporting. In severe cases, criminal charges could be pursued, leading to potential imprisonment for responsible parties.