Marine Orders Part 16: Load Lines, Issue 3 Amendment (Order No. 7 of 2008) (Cth)
MARINE ORDERS
Part 16
Load Lines
Issue 3
Amendment
| Order No. 7 of 2008 Pursuant to subsection 425 (1AA) of the Navigation Act 1912, I make this Order amending Marine Orders Part 16, Issue 3, in the following manner, to come into operation on 1 July 2008. | |
| Graham Peachey 4 June 2008 | |
Previous issues
Issue 1, Order No. 3 of 1987
Amended by Order No. 3 of 1994Issue 2, Order No. 12 of 1997
Issue 3, Order No. 11 of 2004
Amendments commencing on 1 July 2008
[1] Provision 1, heading
substitute
1 Purpose and power
[2] Provision 2, definition of Chief Marine Surveyor
omit
[3] Provision 2, definition of IMO, including footnote 1
substitute
IMO means the International Maritime Organization;
[4] Provision 2, after definition of load line certificate
insert
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;
[5] Provision 2, definition of penal provision, including footnote 2
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.
[6] Provision 2, definition of survey authority, 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: Provision 2, definition of surveyor
omit
s.190 of the Navigation Act;
insert
section 190 of the Navigation Act;
[8] Provision 2, definition of the Load Line Convention, including footnote 4
substitute
the Load Line Convention has the same meaning as in the Navigation Act;
Note The current text of the Load Line Convention may be found in the IMO publication Load Lines Consolidated Edition 2005, as amended by IMO Resolution MSC.223 (82).
[9] Provision 2, after definition of USL Code
insert
Note Information on obtaining copies of IMO documents referred to in this Part is available from AMSA’s website: or via e-mail: [email protected].
[10] Provisions 3.2, 3.3 and 3.4, including footnote 5
substitute
3.2 A reference to the Administration in:
(a) Article 19 (3) and Regulations 1 (1), 2 (8), 3 (9) (b), 8, 10 (2) (second mention), 10 (3) (e), 14 (2), 15 (7), 16 (1), 16 (6), 19 (3), 19 (5), 22 (6), 27 (8), 27 (11) (b) (v), 27 (13) (e), 27 (13) (f) and 44 (6) of the Load Line Convention means the assigning authority; and
(b) an Article or Regulation of the Load Line Convention not mentioned in paragraph (a), means the Manager, Ship Inspections.
3.3 The expression to the satisfaction of the Manager, Ship Inspections, or any similar expression appearing in this Part, means that the Manager, Ship Inspections may require the fitting, material, appliance or apparatus referred to, to be demonstrated to be safe and effective for its intended purpose.
Note Where equipment, material or fittings are required to be approved by or be acceptable to the Manager, Ship Inspections, those equipment, material or fittings, if approved by the Administration of a Contracting Government to the Convention or by a survey authority, may be accepted by the Manager, Ship Inspections provided sufficient information is submitted for recognition of the approval.
3.4 In this Part:
(a)headings and subheadings are part of the Part; and
(b)the Appendix is part of the Part; and
(c)a note is not part of the Part, but may provide additional information or guidance in applying the Part.
[11] Provision 4.2, including footnote 6
substitute
4.2 This Part does not apply to, or in relation to, a fishing vessel.
Note See provision 7.2 of Marine Orders Part 12 (Construction—Subdivision & stability, machinery and electrical installations) in relation to construction and stability requirements for fishing vessels.
[12] Provision 5, including the heading and footnote 7
substitute
5 Equivalents
Where a provision of the Load Line Convention or other 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 Manager, Ship Inspections 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 satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by this Part.
Note Applications for the allowance of equivalents should be made to the Manager, Ships Inspections, and should be accompanied by relevant information. The Manager, Ships Inspections may seek additional information to assist in reaching a decision.
[13] Provision 6.1.1
substitute
6.1.1 If the Manager, Ship Inspections makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.
[14] After provision 7
insert
7A Assigning authority to inform Manager, Ship Inspections
If an assigning authority, other than the Manager, Ship Inspections, decides to exercise a power under any of the following provisions of the Load Line Convention, the assigning authority must inform the Manager, Ship Inspections as soon as practicable of the decision:
(a) Article 19 (3);
(b) Regulation 3 (9) (b);
(c) Regulation 15 (7);
(d) Regulation 16 (6);
(e) Regulation 22 (6).
[15] Provision 9, including the heading and footnote 8
substitute
9 Applications for exemption
Application for exercise of any of AMSA’s powers of exemption under section 221 of the Navigation Act must be accompanied or supplemented by:
(a) in the case of a ship for which a load line certificate has not been issued under this Part — the information specified in 4.1.3.1 of the Annex to IMO Resolution A.948 (23); and
(b) in all cases — such additional information as the Manager, Ship Inspections considers necessary for the exercise of that power.
Note In order to avoid undue delay in completion of the assessment of an application for exemption, and facilitate provision of such additional information as may be required, each application should be made as early as possible.
[16] Provision 11, including the heading and footnote 9
substitute
11 Strength of ship
Where freeboards are proposed to be assigned to a ship in accordance with this Part, they may be assigned only if the general structural strength of the ship is sufficient to permit it to be loaded to the draughts corresponding to those freeboards.
Note For the purposes of provision 11, a ship built and maintained in accordance with the requirements of a classification society recognised by the Administration of the country of registration of the ship is deemed to have the general structural strength required by that provision. For an Australian registered ship, a list of approved survey authorities is available on AMSA’s website: Provision 13, including the heading and footnote 10
substitute
13 Minimum bow height
For the purpose of Regulation 39 (3) of the Load Line Convention, the Manager, Ship Inspections, being satisfied that the safety of the ship and any person on board will not be adversely affected, may determine a lesser bow height to be permissible for a ship.
Note In relation to off‑shore industry mobile units, Marine Orders, Part 47 (Mobile Off‑shore Drilling Units) may also apply.
[18] Provision 14.2, heading, including footnote 11
substitute
14.2 Ships under 24 metres in length
[19] After provision 14.2.3
insert
Note AMSA has exempted any ship of less than 24 metres in length from the requirement for a load line certificate if the ship complies with the applicable provisions of the USL Code.
[20] Provision 15.2.1, including footnotes 12 and 13
substitute
15.2.1 For the purpose of compliance with Regulation 10 (1) of the Load Line Convention, the owner of a ship of 65 metres or more in length must provide to the ship:
(a) in the case of a ship classed by a survey authority — such loading stress information, including a loading manual and loading instrument, as is required by that authority; and
(b) in all other cases — such loading stress information as the Manager, Ship Inspections considers necessary to provide adequate guidance to the master.
This is a penal provision.
Note for paragraph (a) A 'loading instrument' includes a computer and any associated computer program approved by the survey authority.
Note for paragraph (b) Information marked by the survey authority or AMSA as approved will be taken to remain acceptable for the purpose of all subsequent inspections and surveys unless the ship has undergone structural modification necessitating the provision of amended information. In the case of an unclassed foreign ship, the loading information approved by the ship’s flag state will generally be acceptable under provision 15.2.1 (b). Ships to which SOLAS applies are also required to carry the stability information required by Chapter II-I of SOLAS.
[21] Provision 16, including the heading and footnote 14
substitute
16 Entries to be made in the official log‑book
For the purposes of subsection 171 (1) of the Navigation Act, the master of an Australian registered ship must make such entries in the official log‑book as are set out in Parts II and III of the prescribed form of the official log-book.
This is a penal provision.
Note The prescribed form of the official log-book is set out as Form 6 in Appendix 1 of Marine Orders Part 53 (Employment of Crews).
[22] Provision 20, including the heading
substitute
20 Certificate ceases to be valid
20.1 A load line certificate, an international load line certificate or an international load line exemption certificate, ceases to be valid if any of the circumstances mentioned in Article 19 (9) of the Load Line Convention exist.
Note The circumstances mentioned in Article 19 (9) are: (a) material alterations have occurred in the ship’s hull or superstructures that necessitate the assignment of an increased freeboard; (b) fittings and appliances to protect the openings, guard rails, freeing ports and means of access to a crew’s quarters are not maintained in an effective condition; (c) the load line certificate is not endorsed to show that the annual survey of the ship has occurred within 3 months before or after the anniversary date of the certificate; and (d) the ship’s structural strength has decreased to an extent that it is unsafe.
20.2 The owner of a ship in relation to which provision 20.1 applies must return the relevant certificate to the Manager, Ship Inspections or the assigning authority as soon as practicable after the certificate ceases to be valid.
20.3 Articles 19 (9) and (11) of the Load Line Convention apply to a certificate referred to in paragraph 222 (b) of the Navigation Act, as if it were an international load line certificate.
20.4 Further to the circumstances identified in Article 19 (10) of the Load Line Convention, an international load line exemption certificate issued to a ship under section 223 of the Navigation Act will cease to be valid if the ship does not comply with a safety requirement specified as a safety requirement with which the ship must comply.
[23] Appendix, clause 8, including the heading and footnote 15
substitute
8 Longitudinal information
8.1 The position of each draught mark must be recorded in relation to an adjacent or convenient datum (such as the rudder stock centre line), specifying the longitudinal distance of the mark from the datum.
8.2 A copy of the information referred to in clause 8.1 must be furnished to the consultant naval architect preparing the stability data of the ship to which the information relates and to the Manager, Ship Inspections.
Note Knowledge of the longitudinal positions of the draught marks relative to the forward and aft perpendiculars is necessary to carry out trim and stability calculations.
[24] Further amendments — Manager, Ship Inspections
Each of the following provisions is amended by omitting each mention of ‘Chief Marine Surveyor’ and inserting ‘Manager, Ship Inspections’:
·Provision 2, paragraph (b) of the definition of assigning authority;
·Provisions 8.1 and 8.2;
·Provision 12 (c);
·Provision 17.2.1 (a);
·Provision 18;
·Provision 19.2;
·Appendix, clause 6.
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