Marine Orders Part 12: Construction Subdivision & stability, machinery and electrical installations, Issue 2, Amendment (Order No. 6 of 2008) (Cth)
| MARINE ORDERS Part 12 Construction — Subdivision & stability, machinery and electrical installations Issue 2
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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
Amended by Order No 5 of 2004
—Amended by Order No 7 of 2006
Amendments
[1] Provision 1, heading
substitute
1 Purpose and power
[2] Provision 2, definition of Manager, Ship Inspections,
substitute
Manager, Ship Inspections 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;
[3] Provision 2, definition of penal provision, including footnote 1
substitute
penal provision means a penal provision for the purposes of regulation 4 of the Navigation (Orders) Regulations 1980;
Note Subregulation 4 (1) of the Navigation (Orders) Regulations 1980 provides that a person who fails to comply with a provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal provision is guilty of an offence and is punishable by:
(a) if the offender is an individual — a fine not exceeding 50 penalty units; or
(b) if the offender is a body corporate — a fine not exceeding 250 penalty units.
Under section 4AA of the Crimes Act 1914, a penalty unit is currently $110.
[4] Provision 2, definition of SOLAS, including footnote 2
substitute
SOLAS means the Safety Convention as defined in the Navigation Act;
Note The current text of Chapter II-1 of SOLAS is to be found in the SOLAS Consolidated Edition 2004, as amended by IMO Resolutions MSC.151 (78), MSC.170 (79), MSC.194 (80) and MSC.216 (82). The amendments of SOLAS that are made by IMO Resolution MSC.216 (82) come into operation on the following dates:
(a) the amendments made by Annex 1 — 1 July 2008;
(b) the amendments made by Annex 2 — 1 January 2009;
(c) the amendments made by Annex 3 — 1 July 2010.
[5] Provision 2, definitions of survey authority, surveyor and the Guidelines, including footnote 3
substitute
survey authority means a corporation or association for the survey of shipping, approved by AMSA, in writing, for the purposes of the Navigation Act;
Note A list of approved survey authorities is available on AMSA’s website: 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;
the Guidelines means the Guidelines for the Design and Construction of Offshore Supply Vessels 2006, published by IMO as Resolution MSC.235 (82);
[6] Provision 2, after definition of USL Code
substitute
Note Chapter II-1 of SOLAS refers to a number of Resolutions, Circulars etc of relevance in giving effect to the Regulations. Information on obtaining copies of IMO documents referred to in this Part is available from AMSA’s website: or via e-mail: [email protected].
[7] Provisions 3.2 and 3.3, including footnote 4
substitute
3.2A 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 Manager, Ship Inspections.
3.3 In this Part:
(a) headings and subheadings are part of the Part; and
(b) each Appendix is part of the Part; and
(c) 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.
[8] Provision 5, heading, including footnote 5
substitute
5 Exemptions and equivalents
[9] After provision 5.3
insert
Note Applications for modifications or exemptions should be made to the Manager, Ship Inspections, and should be accompanied by relevant information. The Manager, Ship Inspections may seek additional information to assist in reaching a decision.
[10] Provision 6.1.3
substitute
6.1.3 The General Manager may:
(a) affirm the original decision by the Manager, Ship Inspections; or
(b) make any decision that could be made by the Manager, Ship Inspections, in accordance with this Part.
[11] Provisions 7.1.1 and 7.1.2, including footnote 6
substitute
7.1.1 Subject to 7.1.2, 7.1.3 and 7.3, a SOLAS ship must meet the relevant standards for structure, subdivision, stability, machinery and electrical installations contained in Chapter II-1 of SOLAS.
Note Some Regulations, or parts of Regulations, of Chapter II-1 of SOLAS apply to: (i) particular ships; or (ii) ships constructed before or after a particular date specified in Chapter II-1 of SOLAS.
7.1.2 A ship that is surveyed and certified in accordance with the MODU code as set out in Marine Orders Part 47 is taken to comply with the requirements of Chapter II-1 of SOLAS.
7.1.3 A ship that is surveyed and certified in accordance with the High Speed Craft code as set out in Marine Orders Part 49 is taken to comply with the requirements of Chapter II-1 of SOLAS.
7.1.4 In this provision:
High Speed Craft Code means the 1994 HSC Code, 2000 HSC Code or DSC Code within the meaning of Marine Orders Part 49;
MODU Code means the 1979 MODU Code or 1989 MODU Code within the meaning of Marine Orders Part 47.
[12] Provision 7.3, including footnotes 7 and 8
substitute
7.3 Off-shore supply vessels
7.3.1 If a ship is to operate as an off-shore supply vessel:
(a) it is to meet the requirements specified in Part 2 (Intact Stability) and Part 3 (Subdivision and Damage Stability) of the Guidelines where such requirements differ from those in Chapter II-1 of SOLAS or Section 8 of the USL Code, as applicable to the vessel; and
(b) an opening in a watertight bulkhead one or both sides of which may be subjected to flooding under the assumptions of 3.2 of the Guidelines must be fitted with a sliding watertight door; and
(c) its engine room(s) must be separated from a steering space, or any space that may be rendered open to the sea by damage to propellers, propeller shafting, rudders or steering gear, by one or more watertight bulkheads.
Note Parts 4, 5 and 6 of the Guidelines deal with matters implemented by other parts of Marine Orders or the USL Code. Relevant provisions of those Marine Orders or USL Code will also need to be complied with.
7.3.2 A sliding watertight door in an off-shore supply vessel must have each of the following characteristics:
(a) be of a design, material and construction to maintain the integrity of the watertight bulkhead in which it is fitted;
(b) be capable of being remotely closed from above the bulkhead deck outside a machinery space;
(c) be capable of being operated locally from each side of the bulkhead;
(d) possess indicators at the control position that display whether the doors are open or closed;
(e) possess an audible alarm positioned at the door that:
(i) is distinct from other alarms in the area where the door is located; and
(ii) sounds immediately when the door is closed remotely by power; and
(iii) sounds for at least 5 seconds but no more than 10 seconds before the door begins to move and continues to sound until the door is completely closed.
Note In assessing the design, material, construction and means of operation, the relevant requirements of Regulation II-1/25-9 of SOLAS will be considered. Please note that Regulation II-1/25-9 of SOLAS is to be re-numbered as Regulation II-1/13-1 on 1 January 2009.
[13] Provision 8.2, including footnotes 9 and 10
substitute
8.2 The information referred to in 8.1 must be:
(a) substantially in accordance with Appendix 2; and
(b) approved:
(i) in the case of a ship registered in Australia — by the Manager, Ship Inspections or a survey authority; or
(ii) in the case of any other ship — by the marine administration of the country in which the ship is registered.
Note for paragraph (a) Information in respect of an off-shore supply vessel should be in accordance with the Guidelines and include appropriate guidance for the Master to ensure operational compliance.
Note for subparagraph (b) (i) The Manager, Ship Inspections or a survey authority will not approve information unless any inclining experiment or light ship measurement has been carried out substantially in accordance with the procedures set out in Appendix 3.
[14] Provisions 9.1 and 9.2, including footnotes 11 and 12
substitute
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.
9.2 The Manager, Ship Inspections 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 officer determines.
Note for provision 9.1 Requirements dealing with materials containing asbestos are also to be found in the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003.
Note for provision 9.2 The Manager, Ship Inspections has determined that ro-ro passenger ships must comply with 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). Annex 5 to Resolution 14 of the Stockholm Agreement is found in SOLAS Consolidated Edition 1997, published by the IMO.
[15] Appendix 2, clause 7.2.12 (a)
substitute
(a) avoiding dangerous situations in adverse weather and sea conditions, based on IMO MSC.1/Circular 1228; and
[16] Appendix 4, clause 9.2, before definition of lifting gear
insert
competent person means a person who, in relation to machinery space cranes and lifting gear, is responsible to:
(a) the manufacturer of that equipment; or
(b) a classification society in pursuance of a scheme of classification or certification of such equipment; or
(c) a competent testing establishment.
[17] Appendix 4, clause 9.2, definition of responsible person
omit
[18] Appendix 4, clauses 9.3.2 and 9.3.3
omit each mention of
responsible person
insert
competent person
[19] Appendix 4, clause 9.4.1 (a)
omit
responsible person
insert
competent person
[20] Further amendments — Manager, Ship Inspections,
Each of the following provisions is amended by omitting each mention of ‘Manager, Ship Inspections,’ and inserting ‘Manager, Ship Inspections’:
· Provisions 5.2 and 5.3
· Provision 6.1.1;
· Appendix 2, clause 1.3, note;
· Appendix 2, clauses 6.2.3 (h), (j), (k), (l) and (m);
· Appendix 2, clauses 6.4.3 and 7.1.2;
· Appendix 2, clause 8.1, note;
· Appendix 2, clause 8.2.2 (first mention);
· Appendix 2, clause 9.2.2;
· Appendix 2, clause 10.3.1;
· Appendix 2, clause 11.1;
· Appendix 3, clauses 2.2, 2.3 and 2.4;
· Appendix 3, clauses 4.7, 4.13, 4.22 and 4.24 (second mention);
· Appendix 3, clause 6.2.9;
· Appendix 3, clause 12.1.2 (first mention);
· Appendix 3, clause 13.6.2 and 13.9;
· Appendix 4, clause 2.2;
· Appendix 4, clause 6.2 (b);
· Appendix 4, clauses 7.1.2 and 7.5;
· Appendix clause 8.3.2.
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