Protection of the Sea (Shipping Levy) Regulations 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L01163 Regulations In force Legislative Instrument

Legislation content

Explanatory Statement

Issued by the Authority of the Minister for Infrastructure, Transport,
Regional Development and Local Government

Protection of the Sea (Shipping Levy) Act 1981

Protection of the Sea (Shipping Levy) Regulations 2024

Authority

The Protection of the Sea (Shipping Levy) Regulations 2024 is made under Section 9 of the Protection of the Sea (Shipping Levy) Act 1981.

Purpose

The purpose of the instrument is to set the rate of levy and the minimum amount of levy for the purposes of section 6 and 7 of the Protection of the Sea (Shipping Levy) Act 1981 respectively.

The rate of levy in respect of a ship for a quarter is prescribed at 11.25 cents per tonne of the net tonnage of the ship.

The minimum amount of levy is prescribed at $10 for a quarter.

Background

The Protection of the Sea (Shipping Levy) Act 1981 (the Act) imposes a quarterly levy on ships of 24 metres or more in length and having on board a quantity of 10 tonnes or more of oil in bulk as fuel or cargo. Section 9 of the Protection of the Sea (Shipping Levy) Act 1981 (the Act) provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act.  Section 6 of the Act enables the regulations to prescribe the rate of levy and section 7 enables the regulations to prescribe a minimum amount of levy payable for a ship for a quarter.

The rate of levy is currently prescribed in the Protection of the Sea (Shipping Levy) Regulation 2014 (the 2014 Regulation). The current levy is 11.25 cents per tonne of the net tonnage of a ship per quarter. The minimum amount of levy payable is $10 per quarter.

The Protection of the Sea (Shipping Levy) Regulations 2024 would remake and replace the sunsetting 2014 Regulation at the current levy rate and minimum amount of levy.

The levy rate was last considered in 2014 when the existing 2014 Regulation was made. In 2010 the levy had been increased to 14.25 cents per tonne to fund a shortfall in clean-up costs that were not recoverable from the shipowner of the Pacific Adventurer, which had a fuel oil spill off Brisbane in March 2009. The levy was subsequently decreased back to 11.25 cents per tonne in 2014.

 

The levy funds the Australian Maritime Safety Authority (AMSA)’s marine environment protection activities, including preventing and combating ship-sourced pollution in the marine environment. The levy is also used to fund the operations and management of the National Plan for Maritime Environmental Emergencies (the National Plan). Since 1 July 2007, the levy has been used to fund the National Maritime Emergency Response Arrangements.

Summary of the Protection of the Sea (Shipping Levy) Regulations 2024

The Protection of the Sea (Shipping Levy) Regulations 2024 is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to the default sunsetting requirements and disallowance. The Protection of the Sea (Shipping Levy) Regulations 2024 commences the day it is registered.

Details of the instrument are set out in Attachment A.

Consultation

The Department consulted the Australian Maritime Safety Authority and the Office of Impact Analysis.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.


Attachment A

Details of the Protection of the Sea (Shipping Levy) Regulations 2024

Section 1 – Protection of the Sea (Shipping Levy) Regulations 2024

This section provides that the name of the instrument is the Protection of the Sea (Shipping Levy) Regulations 2024.

Section 2 – Commencement

This section provides for the instrument to commence on 1 October 2024.

Section 3 – Authority

This section provides that the instrument is made under Section 9 of the Protection of the Sea (Shipping Levy) Act 1981.

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to the Protection of the Sea (Shipping Levy) Regulations 2024 is amended or repealed as set out in the applicable item in the Schedule concerned, and that any other item in a Schedule to the instrument has effect according to its terms.

Section 5 – Definitions

This section sets out the definitions necessary for interpretation of the Protection of the Sea (Shipping Levy) Regulations 2024, including providing for a definition of ‘Act’ to mean the Protection of the Sea (Shipping Levy) Act 1981.

Section 6 – Rate of levy

Section 6 provides for the rate of levy under section 6 of the Protection of the Sea (Shipping Levy Collection) Act 1981 as 11.25 cents per tonne of the tonnage of a ship from
1 October 2024.

Section 7 – Minimum amount of levy

Section 7 provides for the minimum amount of levy under section 7 of the Protection of the Sea (Shipping Levy Collection) Act 1981 as $10 from 1 October 2024.

Schedule 1 – Repeals

Schedule 1 repeals the Protection of the Sea (Shipping Levy) Regulation 2014.
 


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Protection of the Sea (Shipping Levy) Regulations 2024

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The Protection of the Sea (Shipping Levy) Act 1981 (the Act) imposes a quarterly levy on ships of 24 metres or more in length and having on board a quantity of 10 tonnes or more of oil in bulk as fuel or cargo.  The rate of levy is currently prescribed in the Protection of the Sea (Shipping Levy) Regulation 2014 (the 2014 Regulation) for the purposes of section 6 of the Act.  The current quarterly levy is 11.25 cents per tonne of the net tonnage of a ship. The minimum amount of levy is also currently prescribed in the 2014 Regulation for the purposes of section 7 of the Act. The current minimum amount of levy is $10.

The Disallowable Legislative Instrument, the Protection of the Sea (Shipping Levy) Regulations 2024 would remake and replace the sunsetting 2014 Regulation, keeping the current quarterly levy at 11.25 cents per tonne and the minimum amount of levy at $10 for all ships to which the Act applies, effective from 1 October 2024.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Protection of the Sea (Shipping Levy) Act 1981 was enacted to address the need for funding marine environment protection activities, particularly in relation to preventing and combating ship-sourced pollution in the marine environment. This legislation imposes a quarterly levy on ships that are 24 metres or more in length and carry 10 tonnes or more of oil in bulk as fuel or cargo. The Act was designed to ensure that the Australian Maritime Safety Authority (AMSA) has sufficient resources to carry out its duties effectively. The Protection of the Sea (Shipping Levy) Regulations 2024, made under Section 9 of the Act, prescribe the rate of levy and the minimum amount payable, maintaining the current levy rate of 11.25 cents per tonne of the net tonnage of a ship per quarter and setting the minimum amount of levy at $10 per quarter. These regulations aim to continue funding AMSA’s activities and the operations and management of the National Plan for Maritime Environmental Emergencies.

Scope and Application

The Protection of the Sea (Shipping Levy) Act 1981 imposes a quarterly levy on ships of 24 metres or more in length that carry 10 tonnes or more of oil in bulk as fuel or cargo. The Act applies to the owners and operators of such ships within Australia's maritime jurisdiction, ensuring they contribute to marine environment protection activities. The geographic reach of the Act extends to all Australian waters, encompassing state and federal maritime areas. The levy funds the Australian Maritime Safety Authority's (AMSA) activities in preventing and combating ship-sourced pollution, as well as supporting the operations and management of the National Plan for Maritime Environmental Emergencies. The Protection of the Sea (Shipping Levy) Regulations 2024, made under section 9 of the Act, sets the rate of levy at 11.25 cents per tonne of a ship’s net tonnage per quarter and prescribes a minimum levy of $10 per quarter. These regulations replace the Protection of the Sea (Shipping Levy) Regulation 2014, maintaining the same rates and will commence on 1 October 2024. The regulations do not provide for any exclusions, exemptions, or thresholds beyond those specified in the Act itself.

Key Provisions

The Protection of the Sea (Shipping Levy) Regulations 2024, which come into effect on 1 October 2024, set out the levy rates and minimum amounts for ships subject to the Protection of the Sea (Shipping Levy) Act 1981. Under Section 6 of the Regulations, the rate of levy is prescribed at 11.25 cents per tonne of the net tonnage of the ship for a quarter. Section 7 establishes a minimum amount of levy payable for a ship for a quarter at $10. These provisions are designed to replace the Protection of the Sea (Shipping Levy) Regulations 2014, which are set to sunset. The levy funds activities by the Australian Maritime Safety Authority (AMSA) aimed at preventing and combating ship-sourced pollution and managing maritime environmental emergencies. The Regulations impose obligations on ship operators who are required to pay the quarterly levy. This includes ensuring that the correct amount is calculated based on the ship’s net tonnage and that payment is made by the due date. Operators must also keep records of the ship’s net tonnage and any payments made, as these records may be required for auditing or enforcement purposes. The Australian Maritime Safety Authority (AMSA) is responsible for administering the levy, including the collection and enforcement of the levy payments. Failure to comply with the levy requirements may result in civil or criminal penalties. Section 16 of the Protection of the Sea (Shipping Levy) Act 1981 provides for penalties for non-payment or underpayment of the levy. The maximum penalty for a corporation is $11,000 per offence, and for an individual, it is $2,200 per offence. Additionally, persistent non-compliance may result in more severe penalties, including potential criminal charges. The Act also allows for the recovery of unpaid levies through legal action, which could further increase the financial burden on non-compliant ship operators.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Licensing & Registration
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.