Sea Installations Regulations

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F1997B02105 Regulations Not in force Legislative Instrument

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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.

Overview

The Sea Installations Regulations 1997, issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, were enacted to provide a framework for the administration of sea installations in Australia. The regulations were introduced to address the need for a structured approach to permit applications, renewals, and variations for sea installations, ensuring that the administrative costs are covered and providing a cap on fees. The primary objective of the regulations is to establish a clear process for the exemption of certain structures from the Sea Installations Act 1987, the imposition of fees for new permits and renewals, and the setting of an upper limit for these fees. Furthermore, the regulations aim to establish a time limit for the duration of permits, differentiating between various types of installations. The fees are designed to cover the administrative costs associated with processing applications and issuing permits, while exempting installations that were installed prior to the commencement of the Act.

Scope and Application

The Sea Installations Regulations, issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories, serve to implement the Sea Installations Act 1987 by prescribing fees for permit applications, renewals, and variations, as well as setting duration limits for permits. These regulations apply to any sea installations, excluding certain structures such as moorings, meteorological aids, and wave data recording stations operated by the Commonwealth, as well as navigable vessels with eight or fewer berths. The fees are calculated based on a percentage of the costs associated with constructing, transporting, and installing the sea installation, with exceptions for simple variations. Notably, these fees do not apply to installations that were established prior to the commencement of the Sea Installations Act 1987, provided they were authorised under another Commonwealth law. The fee for new permit applications is capped at $60,000, while renewal fees are limited to $1,000, and permits generally last for a period of five years, except for specific cases such as prescribed pontoons, which adhere to the duration specified in their Great Barrier Reef Marine Park Permit. The Regulations also stipulate that all fees must be paid within 30 days of the application.

Key Provisions

The Sea Installations Regulations, made under the Sea Installations Act 1987, outline key provisions regarding fees, permits, and exemptions for sea installations (Regulations 1-12). Regulation 3 defines the classes of sea installations, excluding certain structures such as moorings and meteorological aids from the Act's application (Reg 3). Regulation 4 specifies the fees for applications and renewals of permits for sea installations, with fees based on the costs of construction, transport, and installation (Reg 4). Regulation 5 details the fees for variations to permits, including increases in visitor numbers and structural additions (Reg 5). Regulation 6 provides specific fee calculations for variations to non-vessel sea installations (Reg 6). Regulation 7 outlines fees for variations to vessel permits (Reg 7). Regulation 8 exempts certain installations from fee requirements and sets maximum fees for permit applications and renewals (Reg 8). Regulation 9 stipulates that fees must be paid within 30 days of application (Reg 9). Regulation 10 sets the duration of permits, with a general 5-year period for most installations and a specific duration for "prescribed pontoons" (Reg 10). Regulation 11 repeals previous permit fee regulations, while Regulation 12 ensures that the old regulations still apply to applications made before the new regulations came into effect (Regs 11-12). Entities governed by the Sea Installations Act 1987 must adhere to several obligations and requirements imposed by these regulations. Firstly, they must ensure that any new applications for permits, renewals of permits, or variations to permits are accompanied by the correct fees as stipulated in the Regulations (Regs 4-7). These fees are calculated based on the costs associated with constructing, transporting, and installing the sea installation, except for certain variations which have fixed fees (Regs 4-7). Secondly, entities must ensure that any exemptions apply correctly, particularly for installations that were installed before the Sea Installations Act 1987 came into force (Reg 8(1)). Thirdly, they must ensure that fees are paid within the stipulated 30-day period after the application is made (Reg 9). Finally, entities must be aware of the duration of permits and comply with the specific periods outlined in the Regulations, particularly noting the exemption for floating hotels (Reg 10). Breaches of the Sea Installations Regulations may result in various civil or criminal consequences, depending on the severity of the violation. For instance, failure to pay the prescribed fees within the 30-day limit may lead to administrative penalties or the revocation of permits. Additionally, operating a sea installation without a valid permit or making unauthorised variations to a permitted installation can result in criminal charges. The maximum penalties for offences under the Sea Installations Act 1987 include fines of up to $60,000 for initial permit applications and $1,000 for renewals (Reg 8(2)-(3)). The precise penalties for specific breaches are outlined in the Act and can vary based on the nature and extent of the violation.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees & Charges
Permitting & Licensing

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