Maritime & Admiralty Law & Lawyers
Shipping accidents, maritime contracts, and admiralty claims.
Admiralty law is alternatively referred to as maritime law. These set of laws act as guiding principles while deciding on issues like maritime offenses. These statutes are a set of international as well as domestic laws that not only oversee maritime activities but also play a crucial role when it comes to the administration of various private entities which have vessels in operation on the high seas.
The law takes into account issues like territorial waters, docks, cargo and passengers, inland waters, towage, navigation, canals, insurance and commerce. However, admiralty law is quite distinct from Laws of the Sea which is in fact a set of public international law that controls international relations, coastal water jurisdiction and navigational rights.
If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here.
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterised by a significant amount of international law developed in recent decades, including numerous multilateral treaties.
Australian Maritime Safety
The main government authority with respect to Australia Maritime safety is The Australian Maritime Safety Authority is a largely self-funded government agency with the charter of enhancing efficiency in the delivery of safety and other services to the Australian maritime industry.
Broadly speaking Maritime lawyers represent predominantly shipowners and charterers, but clients also include P&I Clubs, banks, international agencies, shipyards, charterers, insurance underwriters, governments and brokers.
Maritime lawyers can provide advice for the following sectors:
• shipowners
• charterers
• Boatbuilders and Shipwrights
• Boatyards, Marinas and Port Authorities
• Chandlers
• Classic Boats
• Marine Contractors and Engineers
• Marine Designers and Surveyors
• Marine Equipment Manufacturers
• Maritime Museums
• Passenger Vessel Operators
• Sailing Clubs and Schools
• Ship to Shore Scheme
• Tallships and Historic Ships
• Yacht Brokers and Sales
• Yacht Charters and Agents
• Yachts and Motor Boats
If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here.
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The main pieces of legislation and laws in relation to Maritime law in Australia include the following:
•Australian Maritime Safety Authority Act 1990
Levy Legislation:
•Marine Navigation Levy Act 1989
•Marine Navigation Levy Regulations 1991
•Marine Navigation Levy Collection Act 1989
•Marine Navigation Levy Collection Regulations
•Marine Navigation (Regulatory Functions) Levy Act 1991
•Marine Navigation Regulatory Functions Levy Regulations
•Marine Navigation (Regulatory Functions) Levy Collection Act 1991
•Marine Navigation (Regulatory Functions) Levy Collection Regulations
•Protection of the Sea (Shipping Levy) Act 1981
•Protection of the Sea (Shipping Levy) Regulations
•Protection of the Sea (Shipping Levy Collection) Act 1981
•Protection of the Sea (Shipping Levy Collection) Regulations
•Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Customs) Act 1993
•Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - Excise) Act 1993
•Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund - General) Act 1993
Marine Pollution
•Protection of the Sea (Prevention of Pollution from Ships) Act 1983
•Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994
•Protection of the Sea (Powers of Intervention) Act 1981
•Protection of the Sea (Powers of Intervention) Regulations
•Protection of the Sea (Civil Liability) Act 1981
•Protection of the Sea (Civil Liability) Regulations 1983
•Protection of the Sea (Oil Pollution Compensation Fund) Act 1993
•Protection of the Sea (Oil Pollution Compensation Fund) Regulations 1994
•Protection of the Sea (Supplementary Fund) Regulations
•Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
•Protection of the Sea (Civil Liability of Bunker Oil Pollution Damage) Act 2008
•Protection of the Sea (Civil Liability of Bunker Oil Pollution Damage) Regulations 2009
Navigation
•Lighthouses Act 1911
•Lighthouse Regulations
Shipping Industry
•Navigation Act 1912
•Navigation (Collision) Regulations 1982
•Navigation (Marine Casualty) Regulations 1990
•Navigation (Marine Council) Regulations
•Navigation (Orders) Regulations 1980
•Navigation (Ship Reporting) Regulations
•Navigation (Supplementary) Regulations
•Navigation (Wrecks & Salvage) Regulations
•Marine Orders
Shipping Registration
•Shipping Registration Act 1981
•Shipping Registration Regulations 1981
Other Legislation
•Submarine Cables and Pipelines Protection Act 1963
•Limitation of Liability for Maritime Claims Act 1989
•Occupational Health and Safety (Maritime Industry) Act 1993
•Occupational Health and Safety (Maritime Industry) Regulations 1995
•Occupational Health and Safety (Maritime Industry)(National Standards) Regulations 2003
•Seafarers Rehabilitation and Compensation Act 1992
•Seafarers Rehabilitation & Compensation Regulations 1993
If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here.
Legislation:
Australia Commonwealth
Admiralty Act 1988 (Cth)
An Act relating to Admiralty and maritime jurisdiction.
Australian Maritime Safety Authority Act 1990 (C'th)
An Act to establish an Australian Maritime Safety Authority, and for related purposes.
Carriage of Goods by Sea Act 1991 (C'th)
An Act relating to the carriage of goods by sea, and for related purposes.
Crimes (Ships and Fixed Platforms) Act 1992
An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms.
Crimes at Sea Act 2000 (C'th)
An Act to give effect to a cooperative scheme for dealing with crimes at sea, and for other purposes.
Customs Act 1901
An Act relating to the Customs.
Historic Shipwrecks Act 1976 (C'th)
An Act relating to the Protection of Certain Shipwrecks and Relics of Historical Significance.
Limitation of Liability for Maritime Claims Act 1989
An act to give effect to the convention on Limitation of Liability for Maritime Claims, 1976, and for related purposes.
Navigation Act 1912 (Cth)
An Act relating to Navigation and Shipping.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
An Act about petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas, and for other purposes
Seafarers Rehabilitation and Compensation Act 1992 (C'th)
An Act relating to rehabilitation and workers' compensation of seafarers and certain other persons, and for related purposes.
Shipping Registration Act 1981 (Cth)
An Act providing for the registration of ships in Australia, and for related matters.
If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here.
New South Wales
Commercial Vessels Act 1979 (NSW)
An Act to regulate the use of certain vessels and of certain motors for propelling vessels; to provide for the marking of load lines on, and the carriage of certain equipment by, vessels; and for certain other purposes.
Maritime Services Act 1935 (NSW)
An Act to provide for the constitution of a board to be styled “The Maritime Services Board of New South Wales”; to provide for the exercise and discharge by such board of the powers, authorities, duties, functions and obligations of the Sydney Harbour Trust Commissioners;
Navigation Act 1901 (NSW)
An Act to consolidate the Acts relating to Navigation.
Northern Territory
Marine Act 1981 (NT)
An Act to regulate shipping within the Territory and to provide for the application to the Territory of the Uniform Shipping Laws Code and for related matters.
Queensland
Transport Infrastructure Act 1994 (Qld)
An Act about infrastructure and related matters.
Transport Operations (Marine Safety) Act 1994 (Qld)
An Act about marine safety and other matters.
South Australia
Harbours and Navigation Act 1993 (SA)
An Act to provide for the administration, development and management of harbors; to provide for safe navigation in South Australian waters; and for other purposes.
Tasmania
Marine and Safety Authority Act 1997 (TAS)
An Act to establish the Marine and Safety Authority.
Port Companies Act 1997 (TAS)
An Act to establish companies to provide port and shipping facilities and services in Tasmania and for related purposes.
Victoria
Marine Act 1988 (Vic)
The purposes of this Act are- (a) to re-enact with amendments the law relating to the registration of vessels and the pollution of State waters; and (b) to implement certain international conventions; and (c) to provide for the efficient and safe operation of vessels
Port Services Act 1995 (Vic)
The main purpose of this Act is- (a) to establish the Melbourne Port Corporation and the Victorian Channels Authority; and (b) to provide for the economic regulation of certain port services; and (c) to provide for the imposition of certain port charges;
Western Australia
Shipping and Pilotage Act 1967 (WA)
An Act relating to shipping and pilotage in and about the ports, fishing boat harbours and mooring control areas of the State; to repeal the Shipping and Pilotage Act 1855 and the Ports and Harbours Act 1917.
Western Australian Marine Act 1982 (WA)
An Act to regulate navigation and shipping.
If you would like legal help regarding any aspect of maritime or admirality law, then please complete your free legal enquiry form on the right, or click here.
Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.
Maritime information or a discussion of maritime issues is thus practically incomplete without a discussion on admiralty law. The introduction of the maritime laws go back to the Roman and the Byzantine era. The American admiralty laws were framed by taking a clue from the British admiralty courts that were functional in a number of American colonies. In England, admiralty laws were first introduced by Eleanor of Aquitane when she was functioning as the ruler on behalf of her son.
The admiralty cases in the country were thereafter heard by the admiralty courts specifically constituted for this purpose. These courts are not governed by the common law of England but function as per Corpus Juris Civilis of Justinian. The court of admiralty is presided over by the lord high admiral of England.
The maritime courts also have jurisdiction over cases that involve maritime injuries taking place on navigable waters or in areas that are outside the purview of the common law. In fact, the flag hoisted by a ship onboard determines the admiralty laws by which it is governed and not by the country in which it has dropped its anchors or is currently sailing.
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