Commonwealth Numbered Regulations - Explanatory Statements

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PROTECTION OF THE SEA (SHIPPING LEVY) REGULATIONS (AMENDMENT) 1993 NO. 255

EXPLANATORY STATEMENT

Statutory Rules 1993 No. 255

Issue by- the Authority of the Minister for Transport and Communications

Protection of the-Sea (Shipping Levy) Act 1981

Protection of the Sea (Shipping Levy) Regulations (Amendment)

The Protection of the Sea (Shipping Levy) Act 1981 (the Act) provides for the imposition of a levy on commercial shipping to fund Australia's National Plan to Combat Pollution of the Sea by oil (the National Plan).

Section 6 of the Act provides that the rate of levy for a quarter is such rate, being a rate not exceeding 4 cents per ton of the tonnage of a ship, as is prescribed. Section 7 sets the minimum amount of levy.

Section 9 of the Act provides that the Governor-General may make regulations for the purposes of sections 6 and 7 of the Act. The Protection of the Sea (Shipping Levy) Regulations (the Regulations) are made pursuant to section 9 of the Act, prescribing the rate of levy applicable and the minimum amount of levy.

A recent review of the National Plan recommended that additional equipment be acquired to enhance the response capability in the event of major spills and that contractual arrangements be put in place to enhance fixed wing dispersant delivery capability. To fund these additional demands, an increase in the rate of levy to 4.0 cents per ton was required.

Regulation 3 of the Regulations specified a rate of 2.2 cents per ton.

Regulation 1 of the amending Regulations sets the date of commencement of the Regulations as 1 October 1993.

Regulation 2 amends the Regulations.

Subregulation 3(1) sets the rate of levy at 4.0 cents per ton for the purposes of section 6 of the Act.

Subregulation 3(2) sets the rate prescribed by subregulation 3(1) to apply on the quarter commencing on 1 October 1993 and on all subsequent quarters.


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