Commonwealth Numbered Regulations - Explanatory Statements

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BALLAST WATER RESEARCH AND DEVELOPMENT FUNDING LEVY REGULATIONS 1998 1998 NO. 143

STATUTORY RULES 1998 NO. 143

Issued by the authority of the Minister for Primary Industries and Energy

Ballast Water Research and Development Funding Levy Collection Act 1998

Ballast Water Research and Development Funding Levy Regulations 1998

Section 14 of the Ballast Water Research and Development Funding Levy Collection Act 1998 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Ballast Water Research and Development Funding Levy Regulations 1998 prescribe the classes of ships to be exempted from levy, and refunds and remissions of the levy in the case of a ship being "unable to put to sea".

The Regulations are prescribed under the Ballast Water Research and Development Funding Levy Collection Act 1998. The Act allows for the collection of $2 million over two years through a levy on shipping of an amount of $210 for bulk carriers and $140 for all other ships, including tankers, with a length of 40 metres or longer. The levy is not payable more than once in every quarter. Once the $2 million has been raised, the levy will be ceased by Proclamation.

The Ballast Water Research and Development Funding Levy Regulations 1998 allow for exemptions and refunds and remissions as follows:

Part 1 - Preliminary

Regulation 1 provides for the citation of the Regulations, and Regulation 2 provides for the commencement of the Regulations on gazettal. Regulation 3 cites the related Act.

Part 2 - Exempt Ships

Regulation 4 provides exemptions for c~ classes of ships, including military, religious, nontrading government ships, youth training ships and ships less than 50 metres in length.

Part 3 - Refunds and Remissions

Regulation 5 clarifies the meaning of "being unable to put to sea" for the purposes of refunds and remissions and relates specifically to a ship not being in commission, being laid up for repairs, or kept in port by industrial dispute. Regulations 6 and 7 provide a formula for calculating refunds and 8 and 9 provide a formula for remissions. The formula is based on the length of time a ship is unable to put to sea and the time of last payment of the levy for the purposes of calculating the number of days in a quarter when the levy is applicable by excluding the time a ship was unable to put to sea.