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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-16 Daily Xml
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HARBORS AND NAVIGATION (MISCELLANEOUS) AMENDMENT BILL

Second reading.

Second Reading

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (16:15): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Harbors and Navigation (Miscellaneous) Amendment Bill 2009 makes amendments to the Harbors and Navigation Act 1993 to establish a Facilities Fund consisting of levies payable on recreational and commercial vessels and applied towards establishing, maintaining and improving facilities for use in connection with vessels.

The Facilities Fund replaces the Recreational Boating Facilities Fund established by regulation. Currently the Harbors and Navigation Act gives powers for regulations to be made to charge a levy to be paid on the registration of a power-driven recreational vessel and for payment of the levy into a special fund for recreational boating facilities. Power also exists under the Act to charge a corresponding levy in respect of commercial fishing vessels and for collected monies to be paid into a fund for commercial fishing vessels.

The Bill establishes one Facilities Fund at the level of the Act, broadens the application of the Fund to include recreational and all commercial vessels and repeals the ability to establish a levy from the regulation-making powers of the Act. This makes the establishment of a Fund and its application more equitable for all vessel users and more transparent. The levy funds will continue to be required to be expended on vessel facilities, thereby ensuring vessel owners obtain a direct benefit from the levies they pay. The amount of the levy will continue to be set in the Harbors and Navigation Regulations 1994.

Unlike the current arrangements in the Harbors and Navigation Act, which separates levy monies into commercial and recreational funds, the Bill contemplates only one Facilities Fund. Only one Fund is proposed because it is often not possible to distinguish between vessel facilities that benefit recreational as opposed to commercial users and because it will be more efficient to administer a single Fund.

It is important to appreciate that vessel facilities are not limited to vessel launching or retrieval ramps but include the installation, maintenance and improvement of navigation aids and emergency marine radio which all vessels rely on when navigating our waterways, irrespective of their launching or mooring arrangements.

The regulation-making powers continue to provide for a committee to advise the Minister on the amount and allocation of levy funds. The South Australian Boating Facilities Advisory Committee was established by the Harbors and Navigation Regulations in 1996 and it will continue to assist the Minister in the setting of levy amounts and providing advice on the application of levy funds to vessel facility projects. The committee will be established by regulations under a new name and will include members representing the interests of commercial and recreational vessel users.

The opportunity has been taken in this Bill to increase penalties for the operation of an unregistered recreational vessel to ensure a penalty commensurate with the cost of registration and any required levy, and to deter non-payment. The penalties applicable to commercial vessels for this purpose are already at an appropriate level and provide an appropriate deterrent.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Harbors and Navigation Act 1993

4—Amendment of section 55—Registration

This clause increases the penalty and expiation fee of the provision.

5—Amendment of section 90—Recreational boating fees and charges

Currently, the fund may only be applied to defray the costs of administering the Act as it relates to recreational vessels. This clause amends section 90 to broaden the scope of the fund so that it may be applied to defray the costs of administering and enforcing the Act as it relates to recreational and commercial vessels.

6—Insertion of section 90A

This clause inserts proposed section 90A

90A—Facilities Fund

Proposed section 90A establishes the Facilities Fund. The Facilities Fund is to consist of facilities levies payable under the regulations on the registration, inspection or survey of vessels and income from investment of money belonging to the Fund.

Proposed subsection (4) ensures that a certificate of registration, inspection or survey will not be issued for a vessel until any levy payable on the registration, inspection or survey is paid.

The Fund may be applied by the Minister towards establishing, maintaining and improving facilities for use in connection with vessels and the payment of expenses of administering the Fund.

7—Amendment of section 91—Regulations

This clause makes consequential amendments to the regulation making power in the Act by deleting paragraphs (ad) and (ae) and amending paragraph (af) of section 91(2).

The establishment of the Facilities Fund by proposed section 90A removes the need for a power to make regulations to establish a fund for recreational boating facilities and a fund for commercial fishing vessel facilities.

The amendments to paragraph (af) of section 91(2) ensure that a committee established by the Minister is able to provide advice on the amounts of the facilities levies, and the application of the Facilities Fund, under proposed section 90A.

Schedule 1—Transitional provisions

1—Interpretation

2—Funds

These clauses contain transitional arrangements for the implementation of the measure. The effect of the arrangements is to ensure that all money in the Recreational Boating Facilities Fund is transferred into the Facilities Fund.

Debate adjourned on motion of Hon. T.J. Stephens.

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