Protection of the Sea (Shipping Levy) Regulations (Amendment)

Overview

The Protection of the Sea (Shipping Levy) Regulations (Amendment) 1994, No. 470, was enacted to amend the existing Protection of the Sea (Shipping Levy) Regulations and was issued by the authority of the Minister for Transport. This amendment was made to address the need for adjustments to the shipping levy rates, as provided under the Protection of the Sea (Shipping Levy) Act 1981. The policy objective of these amendments is to reduce the financial burden on the shipping industry while maintaining the revenue necessary for the protection of the sea. The new rate of 3.5 cents per ton of the tonnage of the ship, effective from 1 January 1995, is expected to provide an annual saving of approximately $0.5 million to the industry. This amendment aligns with the legislative intent to balance the industry's financial responsibilities with the imperative of environmental protection.

Scope and Application

The Protection of the Sea (Shipping Levy) Regulations (Amendment) 1994 apply to any entity or individual required to pay the shipping levy under the Protection of the Sea (Shipping Levy) Act 1981. This includes shipping companies, vessel operators, and other relevant entities that are subject to the shipping levy, which is a charge applied to the tonnage of ships entering Australian waters. The amendment pertains to the rate of the levy itself, reducing it from 4 cents per ton to 3.5 cents per ton, effective from 1 January 1995. The jurisdictional reach of the Act is national, covering all shipping activities within Australian territorial waters. The regulation extends the application of the Act by amending the existing rates as per the provisions of the statute, thereby directly impacting the financial obligations of those within its scope. There are no specific exclusions or exemptions mentioned in the text, but the application is assumed to be broad and inclusive of all applicable entities and conduct within the shipping industry.

Key Provisions

The Protection of the Sea (Shipping Levy) Regulations (Amendment) 1994, No. 470, provides amendments to the existing regulations under the Protection of the Sea (Shipping Levy) Act 1981 (the Act). Section 6 of the Act sets the rate of levy for a quarter, and Section 9 authorises the Governor-General to make regulations for the purposes of Section 6. Regulation 3 of the existing regulations (S.R. 1982 No. 227 as amended) sets the rate of levy at 4 cents per ton of ship tonnage. The amendment reduces this rate to 3.5 cents per ton of ship tonnage, effective from 1 January 1995. Under the new provisions, any ship owner or operator subject to the Act will need to adjust their calculations for the shipping levy accordingly. The amendment specifically targets the financial burden on the shipping industry by lowering the levy rate, which is expected to save the industry approximately $0.5 million per annum. This reduction is implemented through Regulation 3, which modifies the existing levy rate from 4 cents to 3.5 cents per ton of the tonnage of the ship. Regulation 1 sets the commencement date of these new regulations as 1 January 1995, while Regulation 2 clarifies that the amendments are to be made as specified in Regulation 3. Non-compliance with the amended regulations could result in legal consequences. Although the explanatory statement does not explicitly outline specific offences or penalties for non-compliance, breaches of the Act or its regulations could potentially result in fines or other civil penalties. The Act itself does not detail maximum penalties in this explanatory statement, but it is prudent for entities to ensure adherence to the new levy rate to avoid any regulatory repercussions.