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Protection of the Sea (Civil Liability) Regulations 1983

Authoritative Version
  • - F2004C00523
  • In force - Superseded Version
  • View Series
SR 1983 No 222 Regulations as amended, taking into account amendments up to SR 2001 No. 56
Administered by: Infrastructure and Transport
Start Date 06 Apr 2001
End Date 25 Aug 2006

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983



Compilation Information

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Protection of the Sea (Civil Liability) Regulations 1983

Statutory Rules 1983 No. 222 as amended
made under the
Protection of the Sea (Civil Liability) Act 1981
This compilation was prepared on 6 April 2001
taking into account amendments up to SR 2001 No. 56
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Protection of the Sea (Civil Liability) Regulations 1983.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 2
Interpretation

(1)
In these Regulations, unless the contrary intention appears, the Act means the Protection of the Sea (Civil Liability) Act 1981.

(2)
In these Regulations, except in so far as the contrary intention appears, an expression used in a regulation made for the purposes of a provision in either Part II or Part III of the Act, and used in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in that regulation, the same meaning as in the Convention.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 4
Acceptable guarantees

Each of the following kinds of guarantees are acceptable for the purposes of paragraph 3 of Article V of the Convention:

(a)
a guarantee given by a bank within the meaning of the Banking Act 1959;

(b)
a letter of guarantee given by an organization known as a Maritime Protection and Indemnity Association, being an organization the members of which carry on the business of marine insurance including insurance in respect of pollution damage;

(c)
a guarantee given by a guarantor approved by the Minister or by an officer of the Authority authorized in writing by the Minister for the purpose of this regulation.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 5
Relevant insurance certificate (Act s 15)

A certificate issued, for the purposes of Article VII of the Convention, by or under the authority of the Government of a country to which the Civil Liability Convention applies in respect of a ship registered in a country that is not a country to which the Civil Liability Convention applies, being a certificate issued on behalf of the Government of that last-mentioned country, shall be taken to be a relevant insurance certificate in respect of that ship for the purposes of paragraph 15 (7) (c) of the Act.


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PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 6
Prescribed form of application for an insurance
certificate

For the purposes of paragraph 16 (2) (a) of the Act, the form set out in Schedule 1 is prescribed.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 7
Person with whom application for insurance certificate must be
lodged

For subsection 16 (2) of the Act, a person who performs the duties of any of the following positions in the Authority is a prescribed person:

(a)
Manager, Ship Safety;

(b)
General Manager, Maritime Safety and Environmental Strategy.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 8
Prescribed form of insurance certificate

For the purposes of paragraph 16 (4) (a) of the Act, the form set out in Schedule 2 is prescribed.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 9
Fee for issue of an insurance certificate

(1)
Subject to subregulation (2), a fee of $50 is prescribed for the issue of an insurance certificate in respect of a ship under section 16 of the Act.

(2)
A fee of $30 is prescribed for the issue of an insurance certificate in respect of a ship under section 16 of the Act where the owner of the ship is maintaining insurance or other financial security in respect of that ship that is not, in any material particular (other than the period for which that insurance or other financial security remains in force) different from the insurance or other financial security maintained by the owner at the time of the issue, in respect of that ship, of another insurance certificate under that section.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 10
Person to whom copy of insurance certificate must be
forwarded

For subsection 16 (6) of the Act, a person who performs the duties of General Manager, Maritime Safety and Environmental Strategy, in the Authority is a prescribed person.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 11
Relevant insurance certificate — prescribed
information

(1) For the definition of relevant insurance certificate in section 19A of the Act, the following information is prescribed:

(a)
the name of the ship;

(b)
the name of the ship's owner;

(c)
the name and business address of the person who is providing insurance or other financial security in respect of the ship to cover the liability of the ship's owner for pollution damage caused in Australia;

(d)
the information referred to in subregulation (2);

(e)
the amount of cover provided under the policy of insurance or financial security , being an amount that is at least the amount referred to in subregulation 12 (1).

(2) For paragraph (1) (d), the information is:

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(a) if the document is a Certificate of Entry issued by a Protection and Indemnity Club — the day when the insurance or financial security commences, being a day that is:

(i)
not earlier than the last 20 February before the day when the ship enters or leaves, or attempts to enter or leave, a port in Australia; or
(ii)
if the ship enters or leaves, or attempts to enter or leave, a port in Australia after 19 February but before 20 March in a year — not earlier than 20 February in the previous year; or
(b)
in any other case — the period of validity of the insurance or financial security, being a period that includes the day when the ship enters or leaves, or attempts to enter or leave, a port in Australia.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 12
Relevant insurance certificate — prescribed amount

(1) For the definition of relevant insurance certificate in section 19A of the Act, the prescribed amount is the amount necessary to cover the liability of the ship's owner for pollution damage in respect of an incident up to:

(a)
if the Convention applies to the ship — the limit of liability for the ship under the applied provisions of the Convention; or

(b)
if the Convention on Limitation of Liability for Maritime Claims, 1976 adopted by the International Conference on Limitation of Liability for Maritime Claims at London on 19 November 1976 applies to the ship — the total of the limits of liability, for the ship, for each kind of claims under that Convention, as it has effect for Australia under the Limitation of Liability for Maritime Claims Act 1989.

(2) In this regulation:

incident means an occurrence, or series of occurrences, having the same origin.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- REG 13
Tonnage of certain ships

The gross tonnage of a ship for which no gross tonnage has been determined in accordance with the International Convention on Tonnage Measurement of Ships, 1969 is taken, for the purpose of paragraph 19B (1) (b) of the Act, to be:

(a)
if the ship has an overall length of less than 33 metres — less than 400 tons; or

(b)
if the ship has an overall length of at least 33 metres — at least 400 tons.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
Schedule 1 Application for certificate of insurance

(regulation 6)

COMMONWEALTH OF AUSTRALIA
Protection of the Sea (Civil Liability) Act 1981
APPLICATION FOR CERTIFICATE OF INSURANCE
To the Minister of State administering the Protection of the Sea (Civil Liability) Act 1981
I/We* (full name of each applicant)
of (address and telephone number of each applicant) being the owner (s)/master/agent* of the ship, particulars of which are set out below, hereby apply for the issue of an insurance certificate under subsection 16 (1) of the Protection of the Sea (Civil Liability) Act 1981 in respect of that ship.
Particulars of the insurance or other financial security maintained by the owner (s) in respect of the ship are set out below.
Particulars of ship
Name of ship:
Type of ship (in terms of purpose):
Official number or other distinctive number or letters:
Nationality of ship:
Port of registry:
Tonnage[dagger]:

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Particulars of insurance
Type and amount of security:
Duration of the security: from to .
Name and Address[daggerdbl] of each insurer or organization providing financial security:
Address[daggerdbl] of place where insurance or security is established:
Dated .
(Signature of each applicant)
* Strike out whichever is inapplicable.
[dagger] Insert the amount of the tonnage of the ship ascertained in accordance with paragraph 10 of Article V of the International Convention on Civil Liability for Oil Pollution Damage, 1992.[daggerdbl]
Insert address of principal place of business and, if different, the postal address for correspondence.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
Schedule 2 Certificate of insurance

(regulation 8)

COMMONWEALTH OF AUSTRALIA
Protection of the Sea (Civil Liability) Act 1981
CERTIFICATE OF INSURANCE
Particulars of ship

Name of ship
Distinctive number or letters

Port of registry
Name and address*of each owner













There is in force, in respect of the ship described above, a policy of insurance or other financial security satisfying the requirements of Article VII of the International Convention on Civil Liability for Oil Pollution Damage, 1992.
Particulars of insurance
Type and amount of security[dagger]:
Duration of the security: from to .
Name and address* of insurer (s) and/or guarantor (s)[daggerdbl]:
Address* of place where insurance or security is established:
This certificate, unless sooner cancelled, is valid from to .
Issued and certified by the Government of the Commonwealth of Australia at (Place) on (Date).
..............................................................................................
Minister of State administering the
Protection of the Sea (Civil Liability) Act 1981 (or delegate)
* Insert address of principal place of business.
[dagger] Where one organization has provided different types of security, each type of security and the amount thereof should be set out.
[daggerdbl] Where insurance is provided by more than one organization, set out the name and address of each such organization and the type and amount of security provided by that organization.

PROTECTION OF THE SEA (CIVIL LIABILITY) REGULATIONS 1983
- Note 1

Notes to the Protection of the Sea (Civil Liability) Regulations 1983

Note 1

The Protection of the Sea (Civil Liability) Regulations 1983 (in force under the Protection of the Sea (Civil Liability) Act 1981) as shown in this compilation comprise Statutory Rules 1983 No. 222 amended as indicated in the Tables below.


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Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1983 No. 222
14 Oct 1983
14 Oct 1983

2001 No. 56
29 Mar 2001
6 Apr 2001

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2001 No. 56
R. 3
rep. 2001 No. 56
R. 4
am. 2001 No. 56
Heading to r. 5
rs. 2001 No. 56
R. 7
rs. 2001 No. 56
Rr. 10-12
rs. 2001 No. 56
R. 13
ad. 2001 No. 56
Schedule 1
am. 2001 No. 56
Schedule 2
am. 2001 No. 56