Marine Orders Part 21: Safety of navigation and emergency procedures, Issue 5 (Amendment)(Order No. 6 of 2007) (Cth)
| MARINE ORDERS Part 21 Safety of navigation Issue 5
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Table of Contents
1 Purpose & power
2 Definitions of words and phrases used in this Part
3 Amendment of principal provisions
4 Amendment of appendices
5 Amendment of table of contents
6 Amendment of footnotes
Previous issues
Issue 1, Order No.16 of 1983
Issue 2, Order No.7 of 1995
—Amended by Order No.4 of 1996
Issue 3, Order No.17 of 1999
Issue 4, Order No.7 of 2002
—Amended by Order No.6 of 2003
Issue 5, Order No.5 of 2006
1 Purpose & power
1.1 Purpose
This Marine Order makes amendments to Issue 5 of Marine Orders, Part 21 (Safety of navigation and emergency procedures), which gives effect to regulations 7.3, 10.7, 11.7 and 14 to 35 of Chapter V of SOLAS[1], and prescribes matters for the purposes of sections 229, 232, 235, subsection 269A(1)and paragraphs 425(1)(db) and (e) of the Navigation Act.
[1] The current text of Chapter V is to be found in the SOLAS Consolidated Edition 2004, amended by IMO Resolutions MSC.142(77), MSC.153(78), MSC.170(79) and MSC.202(81).
1.2 Power
1.2.1 Section 191 of the Navigation Act provides for the regulations to give effect to SOLAS.
1.2.2 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1.2.3 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;
Navigation Act means the Navigation Act 1912;
SOLAS means the Safety Convention as defined in the Navigation Act.
3 Amendment of principal provisions
3.1 In provision 1.1(a)(viii), omit “; and”; substitute “;”
3.2 In provision 1.1(a)(ix), omit “.”; substitute “; and”
3.3 After provision 1.1(a)(ix), insert the following provision:
“(x) 22, which deals with navigation bridge visibility.”
3.4 In Provision 14.1.1, omit “The master”; substitute “Subject to 14.1.3, the master”
3.5 Omit Provision 14.1.3; substitute the following provision:
“14.1.3 Except as provided in SOLAS Regulations 7(b)(ii), 8 and 9 of Chapter I of SOLAS, if a defect is discovered at a place where repair facilities are not readily available, the ship may proceed to a port where repairs can take place, provided that suitable arrangements are made by the master to take the inoperative equipment or unavailable information into account in planning and executing a safe voyage to that port.”
3.6 After Provision 17, insert the following provision:
“17A Long-range identification and tracking of ships
[SOLAS V/19-1]
The information to be automatically transmitted in respect of a ship to which Regulation 19-1 of Chapter V of SOLAS applies, and the system to be fitted to transmit that information, are those specified in Regulation 19-1 of Chapter V of SOLAS.”
3.7 After Provision 19, insert the following provision:
“19A Navigation bridge visibility
[SOLAS V/22]
19A.1 A ship of 55 metres or more in length constructed on or after 1 July 1998 must meet the requirements of Regulation 22.1 of Chapter V of SOLAS.
19A.2 A ship of 55 metres or more in length constructed before 1 July 1998 must, where practicable, meet the requirements of paragraphs 1.1 and 1.2 of Regulation 22 of Chapter V of SOLAS. However, structural alterations or additional equipment are not required.”
3.8 Omit Provision 34.3(d), substitute the following provision:
“(d) Australian ships on which the crew may be required to enter a confined space where the oxygen level may be depleted or where flammable or toxic contaminants may be present.”
4 Amendment of Appendices
4.1 Omit Appendix 3; substitute the following:
Appendix 3
IMO Resolutions & Circulars
| Resolution | Amending Resolution(s) | Title |
| A.694(17) | Recommendations on general requirements for shipborne radio equipment forming part of the Global Maritime Distress and Safety Systems (GMDSS) and for Electronic Navigational Aids | |
| A.424(XI) | Recommendation on Performance Standards for gyro-compasses | |
| MSC.64(67), annex 4 | Recommendation on Performance Standards for radar equipment | |
| MSC.192(79) | Revised performance standards for radar equipment (Equipment installed on or after 1 July 2008). | |
| MSC.191(79) | Recommendation on Performance Standards for the Presentation of Navigation-related Information on Shipborne Navigational Displays (Shipborne Navigational Displays installed on or after 1 July 2008). | |
| A.823(19) | Performance Standards for automatic radar plotting aids | |
| A.817(19) | MSC.64(67), annex 5; MSC.86(70), annex 4; | Recommendation on Performance Standards for Electronic Chart Display and Information Systems (ECDIS) |
| MSC.232(82) | Revised performance standards for electronic chart display and information systems (ECDIS) (ECDIS installed on or after 1 January 2009) | |
| A.529(13) | Recommendation on accuracy standards for navigation | |
| A.818(19) | Recommendation on Performance Standards for shipborne Loran-C and Chayka receivers | |
| A.819(19) | MSC.112(73) | Recommendation on Performance Standards for shipborne global positioning receiver equipment |
| MSC.53(66) | MSC.113(73) | Recommendation on Performance Standards for shipborne GLONASS receiver equipment |
| MSC.64(67), annex 2 | MSC.114(73) | Recommendation on Performance Standards for shipborne DGPS and DGLONASS maritime radio beacon receiver equipment |
| MSC.233(82) | Performance standards for shipborne Galileo receiver equipment (Receivers installed on or after 1 January 2009) | |
| MSC.74(69), annex 1 | Recommendation on Performance Standards for Shipborne Combined GPS/GLONASS receiver equipment | |
| MSC.115(73) | Revised Recommendation on Performance Standards for Shipborne Combined GPS/GLONASS receiver equipment |
| Resolution | Amending Resolution(s) | Title |
| MSC.64(67), annex 3 | Recommendation on Performance Standards for heading control systems | |
| MSC.74(69), annex 2 | Recommendation on Performance Standards for track control systems | |
| MSC.74(69), annex 3 | Recommendation on Performance Standards for a universal shipborne automatic identification system (AIS) | |
| A.224(VII) | MSC.74(69), annex 4 | Recommendation on Performance Standards for echo sounding equipment |
| A.824(19) | MSC.96(72) | Recommendation on Performance Standards for devices to indicate speed and distance |
| A.526(13) | Performance Standards for rate-of-turn indicators | |
| A.575(14) | Recommendation on unification of Performance Standards for navigational equipment | |
| A.343(IX) | Recommendation on methods of measuring noise levels at listening posts | |
| A.384(X) | Recommendation on Performance Standards for radar reflectors | |
| MSC.164(78) | Revised performance standards for radar reflectors | |
| A.382(X) annex II | Recommendation on Performance Standards for magnetic compasses | |
| MSC.95(72) | Recommendation on Performance Standards for daylight signalling lamps | |
| MSC.86(70), annex 1 | Recommendation on Performance Standards for sound reception systems | |
| MSC.86(70), annex 2 | Recommendation on Performance Standards for marine transmitting magnetic heading devices (TMHDs) | |
| MSC.116(73) | Recommendation on Performance Standards for marine transmitting heading devices (THDs) | |
| MSC.86(70), annex 3 | Recommendation on performance standards for an integrated navigation system (INS) | |
| MSC.210(81) | Performance standards and functional requirements for the long-range identification and tracking of ships | |
| A.861(20) | MSC.214(81) | Performance standards for shipborne Voyage Data Recorders (VDRs) |
| MSC.163(78) | MSC.214(81) | Performance standards for shipborne simplified voyage data recorders (S‑VDRs) |
| A.890(21) | A.955(23) | Principles of safe manning |
| MSC/Circ. 982 | Guidelines on ergonomic criteria for bridge equipment and layout | |
| Resolution | Amending Resolution(s) | Title |
| MSC.64(67), annex 1 | Recommendation on performance standards for integrated bridge systems (IBS) | |
| A.889(21) | Pilot transfer arrangements | |
| MSC/Circ. 568/Rev.1 | Required boarding arrangements for pilots | |
| MSC.128(75) | Performance standards for a bridge navigational watch alarm system (BNWAS) |
4.2 Omit the final sentence of 2.2.1 of Appendix 5; substitute the following sentence:
“It is not necessary to actually launch any liferaft.”
5 Amendment of table of contents
5.1 After Item 17, insert the following item:
“17A Long-range identification and tracking of ships”
5.2 After Item 19, insert the following item:
“19A Navigation bridge visibility”
6 Amendment of footnotes
Note: 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.
6.1 Omit the text of footnote 1; substitute the following text:
“The current text of Chapter V is to be found in the SOLAS Consolidated Edition 2004, amended by IMO Resolutions MSC.142(77), MSC.153(78), MSC.170(79) and MSC.202(81).”
6.2 Omit the text of footnote 2; substitute the following text:
“Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person commits an offence if the person does not comply with a provision of an order that is made under subsection 425(1AA) of the Navigation Act and that is expressed to be a penal provision. The penalty for an individual is a fine not exceeding 50 penalty units. By virtue of subsection 4B(2A) of the Crimes Act 1914, the penalty for a body corporate is a fine not exceeding 250 penalty units.
By virtue of section 4AA of the Crimes Act 1914, a penalty unit is currently $110.”
6.3 Omit the text of footnote 4; substitute the following text:
“Information on obtaining copies of IMO Resolutions or other documents referred to in this Part is available from AMSA.”
6.4 Relocate footnote 8 from Provision 14.1.1 to follow “place” in line 3 of Provision 14.1.3; substitute the following text:
“It may not be necessary for permanent repair facilities to be available at the port. It may be practical, for example, for appropriate expertise and/or equipment to be brought to the port for the purpose.”
6.5 Omit footnote 9.
6.6 Omit the text of footnote 20; substitute the following text:
“With regard to the Automatic Identification System (AIS) required by SOLAS Regulation V/19.2.4, refer to IMO Resolution A.917(22): Guidelines for the onboard operational use of shipboard Automatic Identification Systems (AIS), as amended by IMO Resolution A.956(23).”
6.7 Omit the text of footnote 42; substitute the following text:
“This would typically include equipment to enable an adequate lookout to be maintained (e.g. serviceable binoculars), position to be established when out of sight of land (e.g. sextant, almanac and sight tables or a suitable calculator), bearings to be observed (e.g. a correctly adjusted magnetic compass), and other essential measurements and observations, such as atmospheric pressure, to be made.”
6.8 Omit the text of footnote 43; substitute the following text:
“Refer to IMO Circular MSC/Circ 1206, Measures to Prevent Accidents with Lifeboats.”
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