Marine and Safety (Emergency Procedures) Regulations 1997 (TAS)

The case involved a dispute concerning the compliance of a vessel with the Marine and Safety (Emergency Procedures) Regulations 1997 (TAS). The primary issue was whether the vessel owner had adequately ensured that the crew were properly informed of emergency procedures as mandated by the Regulations.

The court had to determine whether the vessel owner had fulfilled their obligations under the Regulations by providing adequate information and training to the crew regarding emergency procedures. This included examining whether the master of the vessel had ensured that crew members were allocated emergency stations, were informed of their duties, and that emergency drills were conducted as required. The court also needed to consider whether the vessel owner had supplied a copy of the Regulations to the master and relevant crew members, and whether the master had taken necessary measures to instruct the crew in their duties during emergencies.

In reaching its decision, the court examined the specific provisions of the Regulations and the evidence presented regarding the vessel's compliance. The court considered whether the vessel owner had met the requirements set out in the Regulations, such as the allocation of emergency stations, the display of emergency station lists, and the conduct of regular emergency drills. The court also evaluated whether the master had ensured that the crew were familiar with emergency procedures, including the use of lifesaving appliances and firefighting equipment.

Ultimately, the court found that the vessel owner had not fully complied with the Regulations. The master had failed to ensure that all crew members were properly informed of their emergency duties and that the required emergency drills were conducted. The court also noted that the vessel owner had not provided adequate training to the crew on the use of lifesaving and firefighting equipment. Consequently, the court ruled that the vessel owner was in breach of the Regulations.

As a result of the breach, the court issued an order requiring the vessel owner to take specific steps to rectify the non-compliance, including providing additional training to the crew and ensuring that all emergency procedures and drills are conducted as mandated by the Regulations. The court also imposed a fine on the vessel owner for the breach of the Regulations.