Protection of the Sea (Shipping Levy) Amendment Act 1993

Overview

The Protection of the Sea (Shipping Levy) Amendment Act 1993 was enacted by the Parliament of Australia to amend the Protection of the Sea (Shipping Levy) Act 1981. The primary purpose of this legislation is to adjust the rate of the shipping levy, which is intended to fund the protection of Australia's marine environment from potential risks posed by shipping activities. The increase in the levy rate reflects an updated approach to ensuring adequate funding for maritime safety and environmental protection measures. This amendment was designed to address any gaps in the financial resources available for managing and mitigating the environmental impacts of shipping within Australian waters, thus aligning with the overarching policy objective of safeguarding marine ecosystems and human health.

Scope and Application

The Protection of the Sea (Shipping Levy) Amendment Act 1993 is an Act of the Australian Parliament designed to modify the existing Protection of the Sea (Shipping Levy) Act 1981. This amendment specifically targets the rate of the shipping levy, which is a charge imposed on ships to fund the protection of Australia's marine environment. The Act applies to all ships entering Australian waters, regardless of whether they are Australian-registered or foreign vessels. By increasing the levy rate, the Act seeks to ensure that adequate funding is available for maritime safety, pollution prevention, and response activities, thereby reinforcing the protection of Australia's marine environment and adhering to international maritime regulations. The Act operates on a national level, with its provisions extending across all states and territories of Australia, ensuring a consistent approach to the levy across the Commonwealth. There are no specific exclusions or exemptions outlined within the Act itself, but its application may be further detailed through subordinate legislation or regulations.

Key Provisions

The Protection of the Sea (Shipping Levy) Amendment Act 1993 amends the Protection of the Sea (Shipping Levy) Act 1981, primarily by adjusting the rate of the shipping levy imposed on foreign ships entering Australian waters. Under section 3 of the amending Act, the rate of the levy is increased from 4 to 6 Australian dollars per gross ton of the ship's registered tonnage. This change is made to better reflect the costs associated with protecting Australia's maritime environment and ensuring the sustainability of its marine resources. The Act imposes specific obligations on entities involved in the shipping industry. For instance, section 6 of the Principal Act now requires shipowners or operators of foreign ships entering Australian waters to pay the revised levy of 6 Australian dollars per gross ton. This levy is intended to contribute to the funding of maritime protection and environmental management activities. The Act also outlines the procedures for calculating and collecting this levy, ensuring that the financial burden is accurately applied based on the ship's tonnage. Breaching the provisions of the Act can lead to significant consequences. According to the Principal Act, failure to pay the shipping levy can result in civil penalties. Specifically, section 14 of the Principal Act allows for fines up to 50 penalty units for each voyage of a ship on which the levy has not been paid. Additionally, section 15 of the Principal Act provides for criminal penalties, including fines of up to 200 penalty units and/or imprisonment for up to 12 months for individuals who are found guilty of intentionally evading the levy. These penalties are designed to ensure compliance with the Act and to protect Australia's maritime environment effectively.