Protection of the Sea (Shipping Levy) Regulations 1982
Statutory Rules 1982 No. 227 as amended
made under the
Protection of the Sea (Shipping Levy) Act 1981
This compilation was prepared on 1 April 2010
taking into account amendments up to SLI 2010 No. 40
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Interpretation
3 Rate of Levy
4 Minimum amount of levy
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Protection of the Sea (Shipping Levy) Regulations 1982.
2 Interpretation
In these Regulations, the Act means the Protection of the Sea (Shipping Levy) Act 1981.
3 Rate of Levy
(1) For the purposes of section 6 of the Act, the rate of 14.25 cents per ton of the tonnage of a ship is prescribed.
(2) The rate prescribed by subregulation (1) is applicable to
the quarter commencing on 1 April 2010 and all subsequent quarters.
4 Minimum amount of levy
(1) For the purposes of section 7 of the Act, the amount of $10 is prescribed.
(2) The amount prescribed by subregulation (1) is applicable to
the quarter commencing on the commencing day and all subsequent quarters.
Notes to the Protection of the Sea (Shipping Levy) Regulations 1982
Note 1
The Protection of the Sea (Shipping Levy) Regulations 1982 (in force under the Protection of the Sea (Shipping Levy) Act 1981) as shown in this compilation comprise Statutory Rules 1982 No. 227 amended as indicated in the Tables below.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1982 No. 227 | 17 Sept 1982 | 1 Oct 1982 (see Gazette 1982, No. S197) | |
1984 No. 257 | 27 Sept 1984 | 1 Oct 1984 | — |
1990 No. 429 | 21 Dec 1990 | 1 Jan 1991 | — |
1993 No. 255 | 30 Sept 1993 | 1 Oct 1993 | — |
1994 No. 470 | 30 Dec 1994 | 1 Jan 1995 | — |
1995 No. 181 | 30 June 1995 | 1 July 1995 | — |
2007 No. 174 | 26 June 2007 (see F2007L01797) | 1 July 2007 | — |
2008 No. 120 | 20 June 2008 (see F2008L02126) | 1 July 2008 | — |
2009 No. 102 | 5 June 2009 (see F2009L02141) | 1 July 2009 | — |
2010 No. 40 | 11 Mar 2010 (see F2010L00637) | 1 Apr 2010 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2007 No. 174 |
R. 2................. | rs. 1984 No. 257 |
R. 3................. | rs. 1984 No. 257 |
| am. 1990 No. 429; 1993 No. 255; 1994 No. 470; 1995 No. 181; 2007 No. 174; 2008 No. 120; 2009 No. 102;
2010 No. 40 |
Overview
The Protection of the Sea (Shipping Levy) Regulations 1982 were enacted under the Protection of the Sea (Shipping Levy) Act 1981 to establish a framework for imposing a levy on ships entering Australian waters. The primary objective of this legislation is to generate revenue to support maritime safety, environmental protection, and the provision of aids to navigation. The regulations set forth the rate of the levy and the minimum amount to be charged, which are integral to ensuring that ship operators contribute to the costs associated with protecting Australia's maritime interests. These regulations were developed by the Australian Parliament and have been amended several times to keep pace with changes in maritime practices and economic conditions.
Scope and Application
The Protection of the Sea (Shipping Levy) Regulations 1982, as amended, govern the implementation of the Protection of the Sea (Shipping Levy) Act 1981, which applies to all ships entering Australian waters. These regulations specify the rate of the shipping levy at 14.25 cents per ton of a ship's tonnage for the quarter commencing on 1 April 2010 and all subsequent quarters. Additionally, the regulations establish a minimum levy amount of $10 for the same period. These regulations cover all ships entering Australian waters, imposing a levy to fund the costs associated with the protection of the sea from pollution by ships. The application of these regulations extends to the entire Commonwealth of Australia, ensuring uniform implementation across the nation. The regulations have been subject to several amendments over the years, with the most recent amendment coming into effect on 1 April 2010. While the regulations generally apply to all ships entering Australian waters, they do not specify any exclusions, exemptions, or thresholds. The scope and specifics of the levy can be further detailed through subordinate instruments, which may provide additional clarification or adjustments as necessary.
Key Provisions
The Protection of the Sea (Shipping Levy) Regulations 1982, which are made under the Protection of the Sea (Shipping Levy) Act 1981, provide specific details on the imposition of a levy on ships entering Australian waters. Section 3 of the Regulations sets out the rate of the levy at 14.25 cents per ton of a ship's tonnage for each quarter, effective from 1 April 2010 onwards (Regulation 3(1)). Additionally, a minimum amount of $10 is prescribed for the levy, applicable from the same date (Regulation 4(1)).
The Regulations impose several obligations on entities subject to the levy. Shipowners or operators are required to ensure that the appropriate levy is paid for each ship entering Australian waters. This obligation extends to providing necessary documentation and information to relevant authorities to facilitate the calculation and collection of the levy. The Regulations also mandate the maintenance of records related to ship tonnages and levy payments to ensure compliance and accountability.
Failure to comply with the levy requirements can result in both civil and criminal consequences. According to the Act, non-payment of the levy is considered an offence, and penalties can include fines. The exact penalties are not specified in the Regulations but are outlined in the primary Act. For civil penalties, the maximum amount is generally a function of the seriousness of the breach and the Act’s provisions, while criminal penalties may involve imprisonment, reflecting the severity of the non-compliance.