Marine Orders Part 12 Amendment 2011 (No. 1) (Cth)
AMSA MO 2011/11
Marine Orders Part 12 Amendment 2011 (No. 1) (Construction — Subdivision and stability, machinery and electrical installations)
I, Mick Kinley, Acting Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 425(1AA) of the Navigation Act 1912.
Mick Kinley ActingChief Executive Officer
7 December 2011
Name of Order
This Order is Marine Orders Part 12 Amendment 2011 (No. 1).
Commencement
This Order commences on 1 January 2012.
Amendment of Marine Orders Part 12, issue 3
Schedule 1 amends Marine Orders Part 12, issue 3.
Schedule 1 Amendment
[1] Before provision 1
insert
1A Name of Order
This Order is Marine Orders Part 12, issue 3.
[2] Provision 1, at the foot
insert
Note For the current text of Chapter II-1 of SOLAS, see the SOLAS Consolidated Edition 2009, published by the IMO, as amended by IMO Resolutions MSC.216 (82) (Annex 3), MSC.256 (84), MSC.269 (85), MSC.282 (86), MSC.290 (87) and MSC.291 (87). IMO Resolution MSC.308 (88) will amend Chapter II-1 with effect from 1 July 2012.
[3] Provision 2, including the note
substitute
Definitions
In this Part:
AS means Australian Standard.
Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels 2006, published by the IMO as Resolution MSC.235 (82).
IMCA means the International Maritime Contractors Association.
IS Code means the Code on Intact Stability, 2008 adopted by IMO Resolution MSC.267 (85) as amended by IMO Resolution MSC.319 (89).
length or LBP means, unless otherwise provided, the length between perpendiculars.
offshore supply vessel has the same meaning as in the Guidelines.
SOLAS ship means:
(a)a ship to which SOLAS applies as mentioned in Regulations 1 and 3 of Chapter 1 of SOLAS; or
(b)an Australian registered ship to which SOLAS would apply if that ship were to undertake an international voyage as defined in the Navigation Act.
surveyor means:
(a)a person appointed to be a surveyor under section 190 of the Navigation Act; or
(b)a person employed as a surveyor by a survey authority.
Note 1 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA’s website at or by email at [email protected].
Note 2 Some terms used in this Order are defined or explained in Marine Order 1 (Administration), including:
·AMSA
·General Manager, Maritime Operations Division
·IMO
·Manager, Ship Inspection and Registration
·penal provision
·SOLAS
·USL Code.
[4] Provision 3.4
omit
[5] Provisions 5 and 6
substitute
5 Exemptions
Application
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for an exemption of a ship from a requirement of this Order.
Decision maker
5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
Decision making criteria
5.3 The Manager, Ship Inspection and Registration may give an exemption only if he or she is satisfied that:
(a) compliance with the requirement would be unnecessary or unreasonable having regard to the ship, its equipment and its intended voyage; and
(b) giving the exemption would not contravene SOLAS.
Note Marine Order 1 (Administration) deals with the following matters about exemptions:
· making an application
· seeking further information about an application
· the time allowed for consideration of an application
· imposing conditions on approval of an application
· notification of a decision on an application
· review of decisions.
6 Equivalents
Application
6.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration), for approval to use an equivalent.
Note For definitions of equivalent and use, see subsection 6.4.
Decision maker
6.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
Decision making criteria
6.3 The Manager, Ship Inspection and Registration may approve use of an equivalent only if he or she is satisfied that:
(a)use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative; and
(b)approving use of the equivalent would not contravene SOLAS.
Meaning of equivalent and use of an equivalent
6.4 For this provision:
equivalent means:
(a) a fitting, material, appliance or apparatus that may be fitted or carried in a ship as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in a ship; or
(b) an arrangement that could be made or a procedure that could be followed in or for a ship as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) fitting or carrying the equivalent in or on a ship; and
(b) making an alternative arrangement or following an alternative procedure.
[6] Provision 7.3.1, note
omit
Note
insert
Note 1
[7] Provision 7.3.1, after the note
insert
Note 2 For guidance for offshore supply vessels with dynamic positioning systems, see the following documents as in force on 1 January 2012:
(a) IMO MSC/Circ.645, dated 6 June 1994, Annex, Guidelines for Vessels with Dynamic Positioning Systems; and
(b) The Training and Experience of Key DP Personnel, IMCA, IMCA M 117 Rev.1, February 2006, noted by IMO MSC.1/Circ.738/Rev.1 as a guideline that can be used for the training of dynamic positioning system operators (available on the IMCA website at Provision 9.1, at the foot
insert
Note For requirements dealing with materials containing asbestos, see the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.
[9] Provision 9.2, including the notes
substitute
9.2 If the Manager, Ship Inspection and Registration is satisfied that the standards mentioned in SOLAS, the USL Code or Schedule 1 do not provide for an adequate level of safety for an Australian registered ship or class of ships, he or she may determine additional requirements with which the ship or class of ships must comply.
Note The Manager, Ship Inspection and Registration has determined that ro-ro passenger ships must comply with the Annex 5 to Resolution 14, Stability Requirements pertaining to the Agreement (the ‘Stockholm Agreement’), of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, adopted on 29 November 1995, including the revised model test method and associated guidance notes adopted by IMO Resolution MSC.141 (76). For Annex 5 to Resolution 14 of the Stockholm Agreement, see the SOLAS Consolidated Edition 1997, published by the IMO.
[10] Appendix 1, paragraph 1(e)
omit
[11] Appendix 1, provision 2.1
omit
35-1
insert
35-1 paragraph 3
[12] Appendix 1, provisions 5 and 6
substitute
Electrical installations — emergency sources of power
(relates to Regulation 43 of SOLAS)
In addition to the emergency power availability required by Regulation 43 of Chapter II-1 of SOLAS, the emergency power source must be capable of:
(a)operating the machinery space fixed pressure water spraying fire-extinguishing system pump, if any, for at least 18 hours; and
(b)providing any other services, for any periods, that the Manager, Ship Inspection and Registration considers necessary for the safety of all on board in such an emergency.
[13] Appendix 1, provision 7.1.1
omit
unmanned
insert
periodically unattended
[14] Appendix 1, provision 7.1.2
after
Proposals for
insert
periodically
[15] Appendix 1, provision 7.3
omit
Whether the engine room is manned or unmanned:
insert
If the engine room is not certified under Regulation 46 paragraph 3 of Chapter II-1 of SOLAS for periodically unattended machinery space operations:
[16] Further amendments — references to Manager, Ship Inspections
The following provisions are amended by omitting each mention of ‘Manager, Ship Inspections’ and inserting ‘Manager, Ship Inspection and Registration’:
· Provision 3.2
· Provision 8.2 (c) (i)
· Provision 8.2, note 3
· Appendix 1, provision 2.2
· Appendix 1, provision 2.3.1
· Appendix 1, provision 7.1.2
· Appendix 1, provision 7.4
· Appendix 1, provision 8.2, definition of approved
· Appendix 1, provision 8.3.1
· Appendix 1, provision 8.3.2
· Appendix 1, provision 8.12.1
· Appendix 1, provision 11.3.1
· Appendix 1, provision 12.1.1
· Appendix 1, provision 12.2.2
· Appendix 1, provision 12.2.3
[17] Further amendments — references to Appendices
Provision
Omit
Insert
Paragraph 8.2 (a) Appendix Schedule Provision 9.1 Appendix 1 of this Part Schedule 1 Appendix 1, heading Appendix 1 Additional or different requirements Schedule 1 Additional or different requirements
(provision 9)
Appendix 1, provision 7.1.1 Appendix Schedule Appendix 1, provision 7.4 Appendix Schedule Appendix 1, provision 8.1 Appendix Schedule Appendix 1, provision 8.4.2 Appendix Schedule Appendix 1, provision 8.12.1 Appendix Schedule Appendix 1, provision 9.1 Appendix Schedule Appendix 1, paragraph 9.3.1(a) Appendix Schedule Appendix 1, paragraph 9.4.1(a) Appendix Schedule Appendix 1, paragraph 11.1 Appendix Schedule Appendix 1, provision 11.9.1 Appendix Schedule Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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