EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 280
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE
FOR THE ARTS, SPORT, THE ENVIRONMENT, TOURISM AND TERRITORIES
SEA INSTALLATIONS REGULATIONS
Subsection 72(1) of the Sea Installations Act 1987 empowers the Governor-General to make regulations prescribing fees as a method of ascertaining fees, to be paid in respect of applications for permits, renewals of permits and variations of permits.
The purpose of the proposed Regulations are to:
• prescribe for exemption of certain structures from application under the Act;
• provide for the charging of application fees for new permits, and renewal and variation of permits under the Sea Installations Act 1987; these application fees are to cover the administrative costs of considering such applications and issuing the permit and provide for an upper limit for the fee in the case of new permits and renewal of permits; and
• prescribe a time limit for the duration of permits for different structures.
Permit application fees will be calculated on the basis of a percentage of the costs of constructing, transporting and installing the installation, in all cases except for simple variations. All fees will be payable within 30 days of applying for the new permit, and renewal or variation of the permit.
Permit application fees will not apply to sea installations which were installed before the commencement of the Act (6 November 1987) in accordance with a permit granted under other Commonwealth legislation.
The following sets out the details of the proposed regulations.
ATTACHMENT
Details of the Proposed Sea Installations Regulations
Regulation 1 - Citation
This is a formal machinery regulation which provides for the title of the Regulations.
Regulation 2 - Interpretation
Under subregulation 2(1) various terms used within the Sea Installations Act 1987 are defined.
Subregulation 2(2) defines various terms that are used within the Regulations.
Regulation 3 - Sea installations: prescribed classes of structure
This regulation excludes moorings, navigable vessels with 8 or less berths, meteorological aids and wave data recording stations operated by the Commonwealth under paragraph (r) of the definition of “sea installation” in subsection 4(1) of the Act.
Regulation 4 - Applications for permits or renewal of permits
Subregulation (1) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application for a permit, or for the renewal of a permit to operate a sea installation that is not a vessel, is as specified in Schedule 1 to the Regulations.
Subregulation (2) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application for a permit, or for the renewal of a permit to operate a sea installation that is also a vessel is as calculated in the formula set out in paragraph (a) of this subregulation, or $17, whichever is greater.
Regulation 5 - Variation of permits: all sea installations
Subregulation (1) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application for the variation of a permit so as to authorise an addition to a sea installation, is as specified in the Schedule.
Subregulation (2) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application to vary a permit so as to authorise an increase in the number of visitors per day of less than 50, or a change in the activities undertaken on board the installation is $100.
Subregulation (3) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application to vary a permit so as to remove part of the structure is $100 or the original permit application fee, whichever is less.
Regulation 6 - Variation of permits: sea installations other than prescribed vessels
Subregulation (1) provides that this regulation only applies to sea installations that are not prescribed vessels.
Subregulation (2) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application to vary a permit so as to authorise an increase of more than 50 in the number of the members of the public permitted to visit per day is the same fee as would be charged for a new permit, and is set out in Schedule 1.
Subregulation (3) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application to vary a permit so as to authorise an addition to a structure and an increase of more than 50 in the number of the members of the public permitted to visit per day is the same fee as would be charged for a new permit for the larger installation, and is set out in Schedule 1.
Regulation 7 - Variation of permits; prescribed vessels
Subregulation (1) provides that this regulation only applies to sea installations that are prescribed vessels.
Subregulation (2) provides that, for the purposes of subsection 72(1) of the Sea Installations Act 1987, the fee for an application to vary a permit so as to authorise an increase of more than 50 in the numbers of day visitors or overnight guests for a sea installation that is also a vessel is as calculated in the formula set out in paragraph (c) of this subregulation, or $17, whichever is greater.
Regulation 8 - Exemptions and maximum fees
Subregulation (1) provides that fees do not apply to applications for a permit or renewal of a permit, if the installation was installed before the commencement of the Sea Installations Act, on 6 November 1987, in accordance with permission granted under another law of the Commonwealth.
Subregulation (2) provides that the maximum fee payable for an application for a permit is $60,000.
Subregulation (3) provides that the maximum fee payable for an application for renewal of a permit is $1,000.
Subregulation (4) provides that where an application involves two or more variations to a permit, the fee payable is the greater or greatest of the fees payable had the variations been made in separate applications.
Regulation 9 - Time payment of fees
Under this Regulation, the time limit for payment of any fee is 30 days after the application is made.
Regulation 10 - Duration of permits
Subregulation (1) provides that for the purposes of subparagraph 22(b)(iii) and paragraph 27(4) (c) of the Sea Installations Act, the duration of a permit, or the renewal of a permit is:
(a) for installations other than a “prescribed pontoon” - a period of 5 years; and
(b) for installations which are that are “prescribed pontoons” - the same period as is specified in their Great Barrier Reef Marine Park Permit.
Subregulation (2) removes the application of this Regulation from floating hotels.
Under subregulation (3), “prescribed pontoon” is defined as a pontoon which has permission under the Great Barrier Reef Marine Park Act, and “relevant permission” is defined as having the same meaning as in the Great Barrier Reef Marine Park Regulations.
Regulation 11 - Repeal
The Regulation repeals Statutory Rules 1988 No. 1, which were the Sea Installations (Permit Application Fees) Regulations.
Regulation 12 - Saving
This Regulation allows for the Sea Installations (Permit Application Fees) Regulations to apply in relation to applications made before the date of commencement of these Regulations.
SCHEDULES
Schedule 1 - Prescribed fees: Sea Installations other than prescribed vessels
This schedule provides the method of ascertaining permit application fees and application fees for renewal of a permit, which is based on the cost of constructing, transporting and installing the installation.
Schedule 2 - Prescribed fees: Variation of permits
This schedule provides the method of ascertaining application fees for the variation of a permit, where the variation is for an addition to a sea installation. This fee is based on the cost of constructing, transporting and installing the addition.