Commonwealth Numbered Regulations - Explanatory Statements

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MARINE NAVIGATION LEVY REGULATIONS (AMENDMENT) 1995 NO. 180

STATUTORY RULES 1995 No. 180

Issued by the Authority of the Minister for Transport

Marine Navigation Levy Act 1989

Marine Navigation Levy Regulations (Amendment)

The Marine Navigation Levy is imposed on commercial ships using Australian ports to recover the costs of navigational services provided by the Australian Maritime Safety Authority (AMSA).

The base levels of the levy, which are shown in the Attachment, are provided by subsection 7(2) of the Marine Navigation Levy Act 2999 (the Act). The levy is varied by regulation and subsection $(1) of the Act provides that the GovernorGeneral may make regulations for the purposes of subsection 7(2).

It is the objective of AMSA to minimise the cost burden imposed on the shipping industry and the levy has been reduced on four previous occasions. Regulation 4 of the Marine Navigation Levy Regulations currently provides:

4. (1)       For the purposes of paragraph 7(2)(a) of the Act, there is prescribed:

(a)       For the quarters that commence on 1 January 1995 and 1 April 1995 - 42 cents; and

(b)       for any other quarter - 45 cents

(2)       For the purposes of paragraph 7(2)(b) of the Act, there is prescribed:

(a)       For the quarters that commence on 1 January 1995 and 1 April 1995 - 33.5 cants; and

(b)       for any other quarter - 36 cents

(3)       For the purposes of paragraph 7(2)(c) of the Act, there is prescribed:

(a)       For the quarters that commence on 1 January 1995 and 1 April 1995 - 25 cants; and

(b)       for any other quarter - 27 cents

(4)       For the purposes of paragraph 7(2)(d) of the Act, there is prescribed:

(a)       For the quarters that commence on 1 January 1995 and 1 April 1995 - 11 cents; and

(b)       for any other quarter - 12 cents

Regulation 4 was amended an 29 December 1994 to give effect to a temporary reduction in the marine Navigation Levy. It was drafted In such a way that the levy would automatically revert back to its pre-1 January 1995 level from 1 July 1995.

Because of on-going operational efficiencies in the provision of navigational services, it is possible for the levy to remain at its current level and not revert to its pre-1 January 1995 level, thereby ensuring a permanent reduction in the cost burden on industry.

The proposed regulation will, in affect, retain the prescribed amounts at 42 cents, 33.5 cants, 25 cents and 11 cents respectively, by continuing to apply the reduced rate of levy imposed during the last two quarters. It is estimated that the lower charges will represent a continuing saving to the shipping industry of about $2.5 million per annum.

Details of the regulations are:

Proposed regulation 1 provides that the regulations commence on 1 July 1995.

Proposed regulation 2 provides for amendment of the regulations as set out in proposed regulation 3.

Proposed regulation 3 provides for the amount of levy.

ATTACHMENT

The following levy rates are act by subsection 7 (2) of the Marine Navigation Levy Act 1989

(a)       63 cents, or such other amount (if any) as is from time to time prescribed, for each of the first 5,000 tons of the ship's tonnage;

(b)       53 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 5.000 tons but not more than 20,000 tons;

(c)       43 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons;

(d)       33 cents, or such other amount (it any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 50.000 tons.