Protection of the Sea (Shipping Levy) Regulations (Amendment) 1993 No. 255
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 255
Issue by- the Authority of the Minister for Transport and Communications
Protection of the-Sea (Shipping Levy) Act 1981
Protection of the Sea (Shipping Levy) Regulations (Amendment)
The Protection of the Sea (Shipping Levy) Act 1981 (the Act) provides for the imposition of a levy on commercial shipping to fund Australia's National Plan to Combat Pollution of the Sea by oil (the National Plan).
Section 6 of the Act provides that the rate of levy for a quarter is such rate, being a rate not exceeding 4 cents per ton of the tonnage of a ship, as is prescribed. Section 7 sets the minimum amount of levy.
Section 9 of the Act provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act. The Protection of the Sea (Shipping Levy) Regulations (the Regulations) are made pursuant to section 9 of the Act, prescribing the rate of levy applicable and the minimum amount of levy.
A recent review of the National Plan recommended that additional equipment be acquired to enhance the response capability in the event of major spills and that contractual arrangements be put in place to enhance fixed wing dispersant delivery capability. To fund these additional demands, an increase in the rate of levy to 4.0 cents per ton was required.
Regulation 3 of the Regulations specified a rate of 2.2 cents per ton.
Regulation 1 of the amending Regulations sets the date of commencement of the Regulations as 1 October 1993.
Regulation 2 amends the Regulations.
Subregulation 3(1) sets the rate of levy at 4.0 cents per ton for the purposes of section 6 of the Act.
Subregulation 3(2) sets the rate prescribed by subregulation 3(1) to apply on the quarter commencing on 1 October 1993 and on all subsequent quarters.
Overview
The Protection of the Sea (Shipping Levy) Regulations (Amendment) 1993 (No. 255) was enacted to revise the levy rates on commercial shipping under the Protection of the Sea (Shipping Levy) Act 1981, in response to a review of Australia's National Plan to Combat Pollution of the Sea by Oil. The amendment was made by the Authority of the Minister for Transport and Communications to adjust the levy rate to fund additional equipment and contractual arrangements aimed at enhancing response capabilities for major oil spills. The primary objective of this legislative amendment is to ensure sufficient funding for the improved preparedness and response measures as recommended by the review of the National Plan. This adjustment in the levy rate was necessary to meet the increased financial requirements for bolstering Australia's maritime pollution response infrastructure.
Scope and Application
The Protection of the Sea (Shipping Levy) Regulations (Amendment) 1993, which amend the existing Protection of the Sea (Shipping Levy) Regulations, apply to all commercial shipping operating within Australian waters, aiming to fund the National Plan to Combat Pollution of the Sea by oil. The Act applies to any person or entity operating commercial shipping vessels in Australian waters, ensuring that these entities contribute to the costs associated with preventing and responding to oil spills. The amendment, effective from 1 October 1993, increases the rate of the levy to 4.0 cents per ton of the ship's tonnage, as mandated by the Act, to cater to the additional financial requirements identified in the review of the National Plan. The Regulations are made under the authority of the Minister for Transport and Communications, extending the Act's provisions through subordinate instruments to ensure comprehensive coverage and compliance across the relevant industry.
Key Provisions
The main operative sections of the Protection of the Sea (Shipping Levy) Regulations (Amendment) 1993 include the amendment of the existing regulations to increase the rate of levy on commercial shipping. Section 6 of the Act originally established the framework for the levy rate, which was set at a maximum of 4 cents per ton of the tonnage of a ship, as prescribed. Section 7 of the Act sets the minimum amount of the levy. Regulation 3 of the original Regulations set the rate at 2.2 cents per ton, but Regulation 1 of the amending Regulations alters this rate to 4.0 cents per ton, as stipulated in subregulation 3(1). Furthermore, subregulation 3(2) specifies that this increased rate applies from the quarter commencing on 1 October 1993 and all subsequent quarters.
The obligations imposed by the amending Regulations primarily focus on commercial shipping entities operating within Australian waters. These entities are required to adhere to the updated levy rates as outlined in the amended Regulations. This means that ship owners and operators must ensure that they comply with the new rate of 4.0 cents per ton, effective from 1 October 1993. The intent behind these regulations is to ensure that sufficient funds are collected to support the National Plan to Combat Pollution of the Sea by oil, specifically to enhance response capabilities for major spills and to establish contractual arrangements for fixed wing dispersant delivery.
In terms of offences, penalties, or civil and criminal consequences for non-compliance, the explanatory statement does not provide specific details regarding penalties. However, in general, failure to comply with shipping levy regulations could potentially lead to financial penalties or legal action. While the exact penalties are not outlined in the provided text, it is reasonable to infer that non-compliance could result in financial sanctions, legal proceedings, or other enforcement actions as deemed necessary by the relevant authorities. Such penalties would be consistent with the regulatory framework governing shipping levies in Australia.