Marine Orders Part 12: Construction Subdivision & stability, machinery and electrical installations, Issue 2 (Amendment) (Order No. 5 of 2004) (Cth)
| MARINE ORDERS Part 12 Construction— Issue 2
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Table of Contents
1 Purpose & power
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Exemptions and equivalents
6 Review of decisions
7 Requirements
8 Intact stability information
9 Additional requirements
Appendix 1 [Not used]
Appendix 2 Stability information required for approval
Appendix 3 Inclining experiments & lightship measurements
Appendix 4 Additional or different requirements
Previous issues
Part 12, Issue 1, Order No 10 of 1983
Part 13, Issue 1, Order No 17 of 1983
—Amended by Order No 7 of 1986
—Amended by Order No 2 of 1990
—Amended by Order No 9 of 1992
Part 20, Issue 1, Order No 18 of 1983
Amended by Order No 4 of 1989
Amended by Order No 3 of 1990
Amended by Order No 1 of 1994
Part 12, Issue 2, Order No 16 of 1998
Amended by Order No 15 of 2001
1 Purpose & power
1.1 Purpose
This Part of Marine Orders gives effect to Chapter II-1 of SOLAS and prescribes standards to be met concerning structure, subdivision, stability, machinery and electrical installations for SOLAS ships and non-SOLAS ships. It also gives effect to the IMO guidelines for the design and construction of offshore supply vessels.
1.2 Power
1.2.1 Paragraph 190B(1)(a) of the Navigation Act provides for regulations to specify requirements with which the construction, hull, equipment and machinery of ships shall comply. Section 191 of that Act provides for regulations to make provision for or in relation to giving effect to SOLAS, while section 192B provides for regulations to make provision for or in relation to the carrying on a ship of information with respect to the stability of the ship. Paragraph 283D(1)(a) of the Act provides that the regulations may make provision for or in relation to giving effect to resolutions of the International Maritime Organization with respect to off-shore industry vessels.
1.2.2 Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
angle of down-flooding (qf) is the smallest angle of heel at which down-flooding will occur, if all weather tight closing appliances are properly secured;
Chief Marine Surveyor means the person occupying the position of Manager, Ship Inspections, in AMSA or, in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Inspections, for that purpose;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMO means the International Maritime Organization;
IS Code means the Code on Intact Stability for All Types of Ships Covered by IMO Instruments, published by IMO as Resolution A.749(18) and amended by Resolution MSC.75(69);
length, unless specified otherwise, refers to the Length Between Perpendiculars (LBP);
midships means a transverse plane through the ship equidistant between the forward and aft perpendiculars;
Navigation Act means the Navigation Act 1912;
offshore supply vessel has the same meaning as in the Guidelines;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations.[1]
potential angle of flooding (qp) is the smallest angle of heel at which down-flooding will occur if weathertight closing appliances, through which down-flooding can occur if they are not secured, are left open;
SOLAS means the Safety Convention as defined in the Navigation Act[2];
[2] The current text of Chapter II-1 of SOLAS is to be found in the SOLAS Consolidated Edition 2001, as amended by IMO Resolutions MSC.69(69) and MSC.99(73) and, with effect from 1 July 2004, by Resolution MSC.134(76).
SOLAS ship means:
(a) a ship to which SOLAS applies as set out in Regulations 1 and 3 of Chapter I 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;
survey authority means a survey authority approved for the purposes of the Navigation Act[3];
[3] The following survey authorities are approved: American Bureau of Shipping; Bureau Veritas; Det Norske Veritas; Germanischer Lloyd; Lloyd's Register of Shipping; and Nippon Kaiji Kyokai.
surveyor means a person appointed to be a surveyor under s.190 of the Navigation Act;
the Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels, published by IMO as Resolution A.469(XII).
USL Code means the Uniform Shipping Laws Code referred to in section 427 of the Navigation Act.
3 Interpretation
3.1 In this Part, a reference to the date on which a ship was constructed means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.
3.2 A reference in Chapter II-1 of SOLAS to the Administration is to be read, in relation to an Australian registered ship, as a reference to the Chief Marine Surveyor, and a power, function or discretion by the Administration is exercisable by the Chief Marine Surveyor.[4]
[4] Chapter II-1 of SOLAS refers to a number of Resolutions, Circulars etc of relevance in giving effect to the Regulations. These are obtainable from AMSA.
3.3 In this Part:
(a) headings and subheadings are part of the Part;
(b) each Appendix is part of the Part;
(c) a footnote, or a note included in the text and printed as italics, is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
4.1 This Part applies to and in relation to:
(a) a ship registered in Australia; and
(b) a ship registered in a country other than Australia, that is in the territorial sea of Australia or in waters on the landward side of the territorial sea.
4.2 This Part does not apply to a ship that is a Safety Convention ship registered in a country other than Australia, except to the extent that the ship fails to comply with Chapter II-1 of SOLAS.
5 Exemptions & equivalents[5]
[5] Applications for modifications or exemptions should be made to the Chief Marine Surveyor and should be accompanied by relevant information. The Chief Marine Surveyor may seek additional information to assist in reaching a decision.
5.1 Exemptions
The Chief Marine Surveyor, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage, may exempt that ship from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.
5.2 Equivalents
Where a provision of this Part requires a particular fitting, material, appliance or apparatus, or type thereof to be fitted or carried in a ship or a particular provision to be made in a ship, the Chief Marine Surveyor may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if that officer is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of this Part.
5.3 Exemptions and equivalents not to contravene SOLAS
The Chief Marine Surveyor must not give an exemption under 5.1 or allow an equivalent under 5.2 if it would contravene SOLAS.
6 Review of decisions
6.1 Internal review
6.1.1 If the Chief Marine Surveyor makes a decision under this Part, a person affected by the decision may apply to the General Manager for review of that decision.
6.1.2 An application for internal review under 6.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable that officer to make a proper decision.
6.1.3 The General Manager may:
affirm the original decision by the Chief Marine Surveyor; or
- in the case of any other ship—by the marine administration of the country in which the ship is registered.
9 Additional requirements
9.1 An Australian registered SOLAS ship must, in addition to complying with the relevant requirements of Chapter II-1 of SOLAS, comply with Appendix 4 of this Part.11[6]
11[6] Requirements dealing with materials containing asbestos are also to be found in the Occupational Health and Safety (Maritime Industry)(National Standards) Regulations 2003.
9.2 The Chief Marine Surveyor may, if satisfied in respect of an Australian registered ship or class of ships that the standards specified in SOLAS, the USL Code or Appendix 4 do not provide for an adequate level of safety, require the ship or class of ships to comply with such additional requirements that that officer determines.12[7]
12[7] The Chief Marine Surveyor has determined that ro-ro passenger ships must comply with the annex 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).
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Appendix 1
Appendix 1 is not used
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(a) if the offender is an individual—a fine not exceeding 20 penalty units; or
(b) if the offender is a body corporate—a fine not exceeding 50 penalty units.
By virtue of section 4AA of the Crimes Act 1914, a penalty unit is currently $110.
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