This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
250 of 1976
Collection
legislative instrument
Plain English Summary
8/10 complexity
These Regulations set out how a ship’s tonnage (gross and register tonnages) is measured, evidenced and changed: surveyors measure ships to technical rules in the Schedules (reg 7, Schs 1–4), the Minister issues British Tonnage Certificates (reg 9), and owners must apply, provide plans and pay fees (regs 5–6, 27; Sch 6). Tonnage underpins registration, deductions, marks on the hull and fee liability, so the rules decide how much owners pay and what spaces may be excluded or used.
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.
Dated this eleventh day of November, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
PETER NIXON
Minister of State for Transport.
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NAVIGATION (TONNAGE MEASUREMENT) REGULATIONS
Part I—Preliminary
Citation.
These Regulations may be cited as the Navigation (Tonnage Measurement) Regulations.
Commencement.
These Regulations shall come into operation on the date fixed under subsection 2 (2) of the Navigation Act 1972 as the date on which sections 5, 6, 7 and 9 of that Act shall come into operation.
Interpretation.
(1) In these Regulations, unless the contrary intention appears—
“ crew accommodation ” means the accommodation on a ship provided for the officers and crew of that ship under Division 15 of Part II of the Act and the Navigation (Crew Accommodation) Regulations;
“ dry cargo space ” means space appropriated for the carriage of cargo other than liquid or gaseous matter in bulk;
“ propelling machinery space ” means the space below the upper deck appropriated for the main or auxiliary propelling machinery of a ship and includes—
(a) ventilation, light or escape trunks serving such a space;
(b) space appropriated for any boilers serving the propelling machinery;
(c) shaft tunnels;
(d) engineers’ storerooms and workshops that do not exceed in total tonnage 0.75 per cent of the gross tonnage of the ship;
* Notified to the Australian Government Gazette on 18 November 1976.
(e) oil fuel settling tanks serving the main or auxiliary propelling machinery and having a total capacity sufficient to provide not less than 24 hours nor more than 96 hours steaming for the ship at its maximum speed; and
(f) framed-in spaces on or above the upper deck referred to in sub-regulation 10 (2) and included in the gross tonnage in accordance with that sub-regulation;
“ second deck ” means the deck next below the upper deck, being a deck—
(a) that is fitted as an integral part of that ship’s structure;
(b) in which all hatchways are fitted with substantial and durable covers; and
(c) that is continuous at least between peak bulkheads both fore and aft and transversely, notwithstanding the presence in it of—
(i) openings that serve any propelling machinery space or that lead to ladderways or stairways;
(ii) hatch or ventilation trunks that do not extend fore and aft from one main transverse bulkhead to another;
(iii) chain lockers or cofferdams; or
(iv) a break or breaks the aggregate height of which above the line of continuation of the deck does not exceed 1.22 metres;
“ surveyor ” means a person appointed under section 190 of the Act to be a surveyor;
“ the Act ” means the Navigation Act 1912;
“ the Department ” means the Department of State for the time being administering the Act;
“ the Merchant Shipping Act ” has the same meaning as in section 407a of the Act;
“ tonnage deck ” means—
(a) in the case of single deck ships—the upper deck; and
(b) in any other case—the second deck;
“ tonnage length ” means the length of the tonnage deck of a ship ascertained in accordance with the provisions of Part A of Schedule 1;
“ Tonnage Mark Table ” means the tonnage mark table set out in Schedule 4;
“ tropical waters ” means waters that are within a tropical zone or seasonal tropical area for the purposes of the Navigation (Load Lines) Regulations;
“ upper deck ” means—
(a) in the case of an open ship—the upper edge of the upper strake of the gunwale of that ship; and
(b) in any other case—the uppermost complete deck exposed to sea and weather fitted as an integral part of the ship’s structure, being a deck, all openings in the weather portions of which are fitted with permanent means of closing and below which all openings in the side of the ship are fitted with permanent means of watertight closing.
(2) In the application of these Regulations to and in relation to a ship not registered in Australia, a reference to the Navigation (Load Lines) Regulations
shall be read as a reference to the law of the country in which the ship is registered that makes provisions corresponding to the provisions of the Navigation (Load Lines) Regulations.
(3) A reference to a form by number shall be read as a reference to the form so numbered in Schedule 7.
Purposes for which tonnage ascertained in accordance with these Regulation is applicable.
(1) The several provisions of (these Regulations (other than Part IV) making provision for or in relation to the ascertainment of the gross tonnage of a ship are the provisions in accordance with which the gross tonnage of the ship is, for the purposes of, and otherwise in relation to, the registration of a ship in Australia under the Merchant Shipping Act, to be ascertained, and the gross tonnage of the ship as so ascertained—
(a) is, for the purposes of section 335 of the Act, the gross registered tonnage of the ship;
(b) is, for the purposes of the remeasurement of a ship under section 407b of the Act, the gross tonnage of the ship;
(c) is, for the purposes of the measurement of a ship under section 409 of the Act, the gross tonnage of the ship; and
(d) where, in any other section of the Act or in any regulation under the Act, there is a reference to the gross registered tonnage, gross register tonnage or gross tonnage of a ship—is, for the purposes of that section or regulation, the gross registered tonnage, gross register tonnage or gross tonnage, as the case may be,
(2) The several provisions of these Regulations (other than Part IV) making provision for or in relation to the ascertainment of the register tonnage of a ship are the provisions in accordance with which the register tonnage of the ship is, for the purposes of, and otherwise in relation to, the registration of a ship in Australia under the Merchant Shipping Act, to be ascertained, and the register tonnage of the ship as so ascertained—
(a) is, for the purposes of the remeasurement of a ship under section 407b of the Act, the register tonnage of the ship;
(b) is, for the purposes of the measurement of a ship under section 409 of the Act, the register tonnage of the ship; and
(c) where, in any other section of the Act or in any regulation under the Act, there is a reference to the tonnage of a ship described in any manner other than gross tonnage, gross registered tonnage or gross register tonnage—is, for the purposes of that section or regulation, a reference to the tonnage of the ship as so described,
(3) The gross tonnage specified in a Certificate issued or deemed to have been issued under sub-regulation 9 (1) or (2) is, for the purposes of the Act and of any regulations under the Act, the gross tonnage, gross registered tonnage or gross register tonnage of the ship.
(4) The register tonnage specified in a Certificate issued or deemed to have been issued under sub-regulation 9 (1) or (2) is, for the purposes of the Act and of any regulations under the Act, the register tonnage, net register tonnage, net registered tonnage or net tonnage of the ship.
Application for measurement.
An application for the measurement of the tonnage of a ship in accordance with these Regulations shall be made in accordance with Form 1 to the Secretary to the Department and shall be signed by the owner of the ship or by the builder, master or agent of the ship on behalf of the owner.
Requirements to be complied with by owner or master before measurement.
6. (1) The owner or master of a ship to be measured shall—
(a) make the ship available for measurement by a surveyor; and
(b) afford the surveyor measuring the ship all necessary facilities for the inspection and measurement of the ship.
(2) The owner or master of a ship to be measured shall furnish with the application or before the inspection and measurement of the ship the following plans:—
(a) a plan containing a longitudinal elevation showing all decks and superstructures, breaks and depth of breaks in decks, the extent and the depth of double bottom tanks or open floors together with particulars of any breaks or recesses in those tanks or floors, the depth of all side framing, the extent and thickness of all ceilings, sparring and insulation, the position of all bulkheads and hatchways and the allocation of compartments;
(b) a plan in respect of each deck showing the arrangement and appropriation of all compartments on the deck and showing any openings, steps or breaks in the deck;
(c) a plan of the midship section showing the construction of the framing, double bottoms or open floors, bilge brackets, sparring, ceiling, insulation, rise of floor, deck camber, tumble-home, flare and the rise or fall in the top of the double bottom;
(d) a plan showing the general arrangement of the propelling machinery spaces with each item of main and auxiliary machinery named on the plan and showing complete details of all fuel bunkers, settling tanks and any other tanks and the extent and purposes of each workshop and storeroom in the ship;
(e) a plan showing all tanks used only for the carriage of water ballast and the arrangements for filling and emptying those tanks.
(3) The owner or master of a ship to be measured shall, if required by the surveyor measuring the ship, furnish such other plans, documents and information as the surveyor considers, having regard to any special features of the construction of the ship, necessary for the measurement of the tonnage of the ship.
(4) Plans furnished under this regulation shall be drawn to a scale of not less than 1 to 100.
Method of measurement of tonnage.
(1) Subject to sub-regulation (2), the method by which the tonnage of a ship is to be measured is that set out in Part A of Schedule 1 and in Schedule 2.
(2) Where the surveyor is satisfied that, by reason of the ship’s being laden or for any other reason, it is not reasonably practicable for the measurement of the tonnage of the part of the ship below the upper deck to be made in accordance with Part A of Schedule 1 and with Schedule 2, the method by which the tonnage of the part of the ship below the upper deck is to be measured is the method set out in Part B of Schedule 1.
(3) Where the tonnage of the part of a ship below the upper deck was measured in accordance with the method set out in Part B of Schedule 1, the Minister shall, on an application by the owner of the ship, direct that the tonnage of that part of the ship be measured in accordance with the method set out in Part A of Schedule 1 and in Schedule 2 and shall cause the particulars relating to its registered tonnage to be altered accordingly.
(4) All measurements required by these Regulations shall be taken and expressed in metres and centimetres and all calculations shall be made in accordance with the degree of accuracy set out in Part C of Schedule 1.
(5) Where the measurements required by these Regulations to be made in relation to a space in a ship have been made, the cubic capacity of the space shall be calculated, and the result obtained by dividing a number equal to the number of cubic metres in the cubic capacity of the space by 2.83 is, for the purposes of these Regulations and for the purposes specified in regulation 4, the tonnage of the space.
Certificate of Survey.
The surveyor of a ship shall, as soon as he has ascertained the tonnage of a ship, complete a Certificate of Survey in accordance with Form 2 and shall deliver the Certificate to the Registrar of British Ships at the port of registry, or intended port of registry, of the ship.
Certificate of British Tonnage.
(1) The Minister shall issue to the owner of a ship registered in Australia under the Merchant Shipping. Act the tonnage of which has been ascertained in accordance with these Regulations a Certificate of British Tonnage in accordance with Form 3, 4 or 5, as the case requires, certifying the tonnage that has been registered in respect of that ship.
(2) The Minister may issue to the owner of a ship not registered in Australia the tonnage of which has been ascertained in accordance with these Regulations a Certificate of British Tonnage in accordance with Form 3, 4 or 5, as the case requires.
(3) Where—
(a) a Certificate of British Tonnage has been issued in respect of a ship, whether before or after the commencement of these Regulations; and
(b) upon the remeasurement under these Regulations for tonnage of that ship, the tonnage of the ship as so ascertained differs from the tonnage specified in the Certificate referred to in paragraph (a),
the Minister shall, by notice in writing posted to the owner of the ship at his last-known place of address, direct the owner of the ship to deliver up, within the period specified in the notice, that Certificate for cancellation.
(4) A person who fails to deliver up a Certificate as required by a direction under sub-regulation (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding. $200.
Part II—Gross Tonnage and Register Tonnage
Components of gross tonnage.
(1) Subject to this Part, and to Part III, the gross tonnage of a ship is, for a purpose specified in regulation 4, the sum of—
(a) the underdeck tonnage of the ship ascertained in accordance with regulation 11 and item 1 of Part A of Schedule 1;
(b) the tonnage of between deck space between the second deck of the ship and the upper deck of the ship ascertained in accordance with the provisions of item 2 of Part A of Schedule 1;
(c) the tonnage, ascertained in accordance with such of the provisions of items 3, 4 and 5 of Part A of Schedule 1, as are applicable, of permanently closed-in spaces on
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