Commonwealth Numbered Regulations - Explanatory Statements

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NAVIGATION (COASTING TRADE) REGULATIONS (AMENDMENT) 1997 NO. 420

STATUTORY RULES 1997 No. 420

Issued by the Authority of the Minister for Workplace Relations and Small Business

Navigation Act 1912

Navigation (Coasting Trade) Regulations (Amendment)

The Navigation Act 1912 (the Act) governs the operations of vessels engaged in the coasting trade ie interstate voyages.

Section 288 of the Act requires ships to be licensed to engage in the coasting trade.

Section 286 of the Act provides for unlicensed ships to be issued with a single voyage permit or continuing voyage permit for trade between interstate ports where:

(a) no licensed ship is available for the service; or

(b) the service carried out by a licensed ship or ships is inadequate

and the Minister is satisfied that it is desirable in the public interest that an unlicensed ship be allowed to engage in the trade.

Fees are charged for making application for the permits to engage in the coasting trade. The Navigation (Coasting Trade) Regulations (Regulation 25) details the levels of fees and the time at which payment is to be made.

The purpose of the proposed amendments is to reduce application fees for permits for unlicensed vessels to carry cargo in the coasting trade, to provide flexibility in the timing of payment and to amend the coasting trade regulations to reflect the recently changed administrative arrangements of government.

The existing Regulation 25 is amended to reduce application fees for permits to engage

in the coasting trade as follows:

       * for a normal cargo permit valid for a single voyage

        current fee $403

        proposed fee $200

       * for an urgent cargo permit valid for a single voyage

        current fee $806

        proposed fee $400

       * for a continuing permit

        current fee $2,000

        proposed fee $400

In respect of the timing of the payment of fees, existing Regulation 25(4) provides for the fees to be submitted with the application. As pail of the streamlining of the administration of the coasting trade provisions of the Act, the existing requirement is amended so as to provide some flexibility in the timing of payment of fees. The new Regulation 25(4) provides for a fee to be paid. A new Regulation 25(4A) is inserted to provide for these fees to be paid before, at the same time or after an application is submitted. A new Regulation 25(4B) is inserted to enable the Commonwealth to recover fees owing if not paid within a reasonable time after the application is received.

The existing coasting trade regulations are premised on being administered by the Department of Transport. The current Administrative Arrangement Orders provide for the coasting trade regulations to be administered by the Department of Workplace Relations and Small Business. Housekeeping amendments, replacing the Department of Transport with the Department of Workplace Relations and Small Business, are made to the following existing regulations..

Regulation 4 (Interpretation) changes to redefine "authorized officer" from a Department of Transport officer to a Department of Workplace Relations and Small Business officer. "Secretary" is similarly redefined.

Regulation 25(2)(c)(ii) changes the address for a delivery of an application for a permit from the Department of Transport to the Department of Workplace Relations and Small Business.

Schedule 1 of the Regulations sets out the format of various forms associated with operating in the coasting trade. The amendments replace the Minister for Transport with the Minister for Workplace Relations and Small Business on Form 3, Form 4 and Form 7.