Marine Orders Part 34 Amendment (No. 1) (Cth)
AMSA MO 2011/9
Marine Orders Part 34 Amendment (No. 1) (Solid bulk cargoes)
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.
24 - 11 - 2011
Mick Kinley
Acting Chief Executive Officer
Name of Order
This Order is Marine Orders Part 34 Amendment (No. 1).
Commencement
This Order commences on the day after it is registered.
Amendment of Marine Orders Part 34, issue 6
Schedule 1 amends Marine Orders Part 34, issue 6.
Schedule 1 Amendment
[1] Before provision 1
insert
1A Name of Order
This Order is Marine Orders Part 34, issue 6.
[2] Subparagraphs 1.1(a)(i) and (ii)
substitute
(i) regulations 2, 4, 6 and 7 of Chapter VI of SOLAS, dealing with the carriage of solid bulk cargo (other than grain); and
(ii) the IMSBC Code mentioned in Chapter VI of SOLAS; and
[3] Provision 1.2.2, footnote
omit
[4] Provision 1.2.2, at the foot
insert
Note The penalty for an offence under this Order is 50 penalty units — see subsection 257(3) of the Navigation Act and sections 4AA and 4AB of the Crimes Act 1914.
[5] Provision 2, heading
substitute
2 Definitions
[6] Provision 2, definitions of AMSA, BC Code and General Manager
substitute
In this Order:
Administration means the Australian Maritime Safety Authority.
appropriate person, for a ship, means any of the following:
(a) the shipper;
(b) the master of the ship;
(c) the terminal representative for the ship.
competent authority means:
(a) for Australia — the Manager, Ship Inspection and Registration; or
(b) for a country other than Australia — the competent authority under the country’s law that implements the IMSBC Code.
Group A solid bulk cargo means Group A cargo prescribed by the IMSBC Code, section 1.7.12.
Note Under the IMSBC Code, Group A cargo is cargo that may liquefy if shipped at a moisture content more than its transportable moisture limit.
Group B solid bulk cargo means Group B cargo prescribed by the IMSBC Code, section 1.7.13.
Note Under the IMSBC Code, Group B cargo is cargo that poses a chemical hazard that could give rise to a dangerous situation on a ship.
Group C solid bulk cargo means Group C cargo prescribed by the IMSBC Code, section 1.7.14.
Note Under the IMSBC Code, Group C cargo is cargo that is not able to liquefy (Group A cargo) or to pose a chemical hazard (Group B cargo).
[7] Provision 2, definition of IMO
substitute
IMSBC Code means:
(a) the International Maritime Solid Bulk Cargoes Code adopted by the Maritime Safety Committee of the IMO by resolution MSC.268 (85), as defined in Chapter VI of SOLAS; and
(b) the additional requirements mentioned in Schedule 1.
[8] Provision 2, definitions of Manager, Ship Inspections, Navigation Act, penal provision, SOLAS and survey authority
omit
[9] Provision 2, definition of terminal representative, footnote
re-locate as Note 1 at foot of definition of terminal representative
[10] Provision 2, at the foot
insert
Note 2 Some expressions used in this Order are defined in Marine Order 1 (Administration), including:
· AMSA
· General Manager, Marine Operations Division
· IMO
· Manager, Ship Inspection and Registration
· Marine Order
· MARPOL
· Navigation Act
· Pollution Prevention Act
· SOLAS.
Note 3 Some expressions used in this Order are defined in the Navigation Act.
Note 4 For the value of a penalty unit, see Crimes Act 1914, s 4AA.
Note 5 Some expressions used in this Order are explained in Marine Order 1 (Administration), including survey authority and penal provision.
[11] Provisions 3.3 to 3.5
substitute
3.3 A reference in the IMSBC Code to the competent authority is to be taken to mean the Manager Ship Inspection and Registration.
3.4 A reference in SOLAS to the Administration is to be taken to mean, for a ship registered in Australia, AMSA.
3.5 A reference in Chapter VI of SOLAS to an organisation recognised by the Administration is to be taken to mean, for a ship registered in Australia, a survey authority.
[12] Provision 4.1, at the foot
insert
Note For a ship registered in Australia, see the Navigation Act, s 7A.
[13] Provision 5
substitute
5 Exemptions
5.1 A person may apply for an exemption from a requirement of paragraph 7.2(a) in accordance with the application process set out in Marine Order 1 (Administration).
5.2 The Manager, Ship Inspection and Registration must not grant an exemption if it would contravene section 1.5 of the IMSBC Code.
5.3 Before the cargo is loaded on the ship, the person must:
(a) give a copy of the exemption to the master of the ship transporting the cargo to which the exemption applies; and
(b) tell the competent authorities, of each jurisdiction the ship will enter on the voyage, about the exemption.
This is a penal provision.
5.4 The master of the ship must ensure that a copy of the exemption is kept on the ship for the duration of each voyage to which the exemption applies.
This is a penal provision.
[14] Provision 6.1.1
omit
Part,
insert
Order other than provision 5,
[15] Provisions 7 to 12
substitute
7 Loading, stowage, carriage and unloading of solid bulk cargoes
7.1 The operator of a ship who intends to load or unload solid bulk cargo must ensure that, at all times, a booklet is kept on the ship that meets the requirements of regulation 7.2 of Chapter VI of SOLAS.
This is a penal provision.
7.2 A person must not permit solid bulk cargo to be loaded, stowed, carried or unloaded if it is not in accordance with:
(a) the IMSBC Code; and
(b) SOLAS Chapter VI; and
(c) if the cargo is dangerous goods in solid form in bulk — SOLAS Chapter VII, regulation 7-3.
This is a penal provision.
7.3 A person must not load solid bulk cargo for carriage in a ship, or unload solid bulk cargo from a ship, in a manner that is not safe or will adversely affect the safety of the ship on the proposed, or a subsequent, voyage.
Note The Code of Practice for the Safe Loading and Unloading of Bulk Carriers (BLU Code), published by IMO, gives guidance on the suitability of ships and terminals, procedures for the safe loading and unloading of solid bulk cargoes and model forms for loading and unloading plans and a ship/shore safety checklist.
7.4 The master of a ship must ensure that solid bulk cargoes are loaded and trimmed in accordance with section 5 of the IMSBC Code.
This is a penal provision.
7.5The master of a ship must ensure that the method used for unloading cargo from the ship does not cause damage to the structure of the ship.
7.6 The master of a ship carrying solid bulk cargo in the ship’s ‘tween decks must ensure that:
(a) the hatchways of the ‘tween decks are closed if the loading information indicates the stress limit prescribed by the ship’s stability book would be exceeded by permitting the hatchways to be open; and
(b) the safe load-carrying capacity of the ‘tween-decks prescribed by the ship’s stability book is observed at all times.
This is a penal provision.
7A Loading and unloading plan
7A.1 Solid bulk cargo may be loaded or unloaded only if the master and the terminal representative agree on a plan before loading or unloading that:
(a) ensures that the permissible forces and moments on the ship, in accordance with the booklet mentioned in provision 7.1, are not exceeded during loading or unloading; and
(b) includes the sequence, quantity and rate of loading or unloading, taking into consideration the speed of loading or unloading, the number of pours and the deballasting or ballasting capability of the ship.
Note A plan should conform to the extent possible with the BLU Code. Reference should also be made to the Manual on Loading and Unloading of Solid Bulk Cargoes for Terminal Representatives (BLU Manual), published by IMO as MSC/Circ.1160, as amended by MSC.1/Circ.1230 and MSC.1/Circ. 1356. The BLU Manual supplements the BLU Code and is intended to provide more detailed guidance to terminal representatives and others involved in the handling of solid bulk cargoes, including those responsible for training of personnel.
7A.2 The plan and any amendments of it must be lodged with the terminal representative at the port of loading or unloading and a copy kept on board the ship throughout the voyage.
7A.3 The terminal representative must:
(a) keep the plan and any amendments of it for at least 6 months; and
(b) make the plan available to the surveyor at the AMSA office at or nearest to the port of loading or unloading on request by the surveyor.
This is a penal provision.
7B Loading and unloading to be in accordance with the plan
7B.1 The master of a ship must not permit solid bulk cargo to be loaded onto, or unloaded from, the ship until provision 7A.1 has been complied with.
This is a penal provision.
7B.2The master must ensure that, within his or her area of responsibility, loading and unloading operations are conducted in accordance with the plan.
This is a penal provision.
7B.3The terminal representative must ensure that, within his or her area of responsibility, loading and unloading operations are conducted in accordance with the plan.
This is a penal provision.
7B.4 If, during loading or unloading, a limit mentioned in the plan is exceeded, or is likely to be exceeded if the loading or unloading continues:
(a) the master may suspend the loading or unloading; and
(b) if the master suspends the loading or unloading — the master must notify the person mentioned in provision 7B.10 of the suspension.
7B.5 If the master suspends loading or unloading at a terminal under provision 7B.4, the master and the terminal representative at the terminal must ensure that corrective action is taken before the loading or unloading resumes.
7B.6The master must ensure that, within his or her area of responsibility, provision 7B.5 is complied with.
This is a penal provision.
7B.7 The terminal representative must ensure that, within his or her area of responsibility, provision 7B.5 is complied with.
This is a penal provision.
7B.8The master of a ship carrying solid bulk cargo must ensure:
(a) that cargo operations are continuously monitored; and
(b) that the information required by the plan is recorded in a cargo log-book.
This is a penal provision.
7B.9If the master or terminal representative becomes aware of a significant deviation from the plan, the master and terminal representative must within each of their areas of responsibility, ensure that the cargo or ballast operations, or both, are adjusted so that any deviation is corrected.
7B.10 For provision 7B.4, the person is:
(a) if the port State is Australia — the surveyor at the AMSA office at or nearest to the port of loading or unloading; or
(b) in any other case — the surveyor at the port state.
Note Annex V of MARPOL 73/78 (which is given effect in Australia by the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) and Marine Orders, Part 95 (Marine pollution prevention — garbage) prescribe requirements about the disposal of cargo residue.
8 Notice of intention to ship solid bulk cargo
8.1 At least 48 hours before starting to load onto a ship at a port in Australia, Group A or Group B solid bulk cargo mentioned in Appendix 1 of the IMSBC Code, the shipper must give to the surveyor at the AMSA office at or nearest to the port of loading a signed notice with the following information:
(a) the name and IMO number of the ship;
(b) the port and berth of loading;
(c) cargo information prescribed by IMSBC Code, section 4.2.2.
8.2However, the surveyor may allow the shipper to give the notice at a later time.
8.3 The shipper may give the notice for more than 1 ship in the form of a list of ships, scheduled for loading at a port in the week or fortnight after the preparation of the list.
8.4The list must set out, for each ship on the list:
(a) the information mentioned in provision 8.1; and
(b) the expected time and date of berthing (if known to the shipper representative).
8.5 The shipper must give a new list to the surveyor at the AMSA office:
(a) at least 48 hours before the expected arrival of:
(i) a ship not mentioned on the last list given to the surveyor; or
(ii) a ship whose expected time and date of berthing was not mentioned on that list; or
(b) when the shipper becomes aware that:
(i) the expected time and date of berthing of a ship on that list has changed or
(ii) a ship on that list is not expected to berth in Australia.
8.6 If dangerous goods in solid form in bulk are to be shipped, the notice must comply with Regulation 7-2.2 of Chapter VII of SOLAS.
8.7 When the shipper gives the notice to the surveyor, the shipper must give a copy of the notice to the master of each ship mentioned in the notice.
8.8 The master of a ship must not permit Group A or Group B solid bulk cargo to be loaded onto the ship if the master has not received a copy of the notice.
This is a penal provision.
8A Solid bulk cargo not listed in Appendix 1 of the IMSBC Code
8A.1 The master may load onto a ship solid bulk cargo that is not listed in Appendix 1 of the IMSBC Code only if the Manager, Ship Inspection and Registration approves the loading.
8A.2 A person may apply for an approval to load solid bulk cargo that is not listed in Appendix 1 of the IMSBC Code, in accordance with the application process set out in Marine Order 1.
8A.3 The application must include the characteristics and properties of the cargo, in accordance with section 1.3.1 of the IMSBC Code.
8A.4 Before the cargo is loaded on the ship, the person must give a copy of the approval to the master of the ship transporting the cargo.
This is a penal provision.
9 Information for master
9.1 Nature of material
9.1.1 Before the start of loading of a solid bulk cargo onto a ship at a port in Australia, the shipper of the cargo must give to the master, in writing, the information mentioned in the IMSBC Code, section 4.2.2.
This is a penal provision.
9.1.2 The master must not permit solid bulk cargo to be loaded onto the ship until he or she has received the information in accordance with provision 9.1.1.
This is a penal provision.
9.1.3 If dangerous goods in solid form in bulk are to be loaded onto a ship at a port in Australia, the shipper of the cargo must give to the master, in writing, the list or manifest mentioned in the IMSBC Code, section 4.8.1.
This is a penal provision.
9.2 Certificates of test
If compliance with provision 4.3 of the IMSBC Code requires material to be sampled and tested, the shipper is responsible for arranging sampling and testing and, if required by the IMSBC Code, for giving a certificate of test to the master.
Note The IMSBC Code sets out in more detail the kind of information that should be given by the shipper and the methodology to be used.
10 Medical guide
10.1This provision applies to the master of a ship registered in Australia carrying:
(a) solid bulk cargo mentioned in Appendix I of the IMSBC Code; or
(b) solid bulk cargo approved for loading under provision 8A.1; or
(c) dangerous goods in solid form in bulk.
10.2The master must ensure that, at all times, a copy of the supplement to the IMDG Code, that includes the Medical First-Aid Guide for Use in Accidents Involving Dangerous Goods, is kept on the ship.
This is a penal provision.
11 Cargoes that may liquefy
11.1 Transportable moisture limit
A person must not take or send a ship to sea with solid bulk cargo having a moisture content higher than the transportable moisture limit for the cargo as defined in the IMSBC Code.
This is a penal provision.
11.2 Exception
Provision 11.1 does not apply if there is on board the ship evidence that the Administration of the country in which the ship is registered:
(a) has approved the ship as a specially fitted or specially constructed cargo ship complying with provision 7.3.2 of the IMSBC Code; or
(b) is satisfied that:
(i) safety arrangements have been made to ensure adequate stability if cargo shifts; and
(ii) the ship has adequate structural integrity.
11.3 Approvals for Australian registered ships
11.3.1 The Manager, Ship Inspection and Registration may approve an Australian registered ship as being a specially fitted or specially constructed cargo ship complying with provision 7.3.2 of the IMSBC Code.
11.3.2 The master, owner or operator of the ship may apply for approval under provision 11.3.1 in accordance with the application process set out in Marine Order 1 (Administration).
11.3.3 The application must:
(a) be made to the Manager, Ship Inspection and Registration; and
(b) include the information mentioned in provision 7.3.2.4 of the IMSBC Code.
Note A fee may be determined for processing an application under this section — see the Australian Maritime Safety Authority Act 1990, s 47.
Note See Marine Order 1 (Administration) for rules about:
(a) making applications;
(b) dealing with applications;
(c) internal and external review of decisions about applications.
12 Unsafe or inadequate arrangements
12.1 For an individual ship or solid bulk cargo, if the Manager, Ship Inspection and Registration thinks that requirements additional to those in the IMSBC Code are needed to ensure the safety of persons or for the proper carriage of cargo, he or she may give notice of the additional requirements to the appropriate person.
12.2 The appropriate person who is given notice under provision 12.1 must ensure that the notice is complied with.
This is a penal provision.
[16] After provision 13.1.3
insert
13.1.4 If a surveyor considers that the loading or unloading of a solid bulk cargo is not in compliance with this Order or is inconsistent with the IMSBC Code, the surveyor may direct an appropriate person for the ship that the cargo operations are to cease until the surveyor is satisfied that:
(a) the loading or unloading of the solid bulk cargo complies with the relevant provisions of the IMSBC Code; or
(b) the solid bulk cargo is properly described and is accompanied by documentation required by this Order and the IMSBC Code; or
(c) specified conditions are met.
13.1.5 The appropriate person to whom the direction is given must not permit loading or unloading to occur or continue in contravention of the direction.
This is a penal provision.
[17] Provision 15
substitute
15 Incidents at sea involving dangerous cargoes
15.1 If an incident, involving the loss or likely loss overboard of dangerous goods in solid form in bulk, occurs on board a ship to which Part IV of the Navigation Act applies, the master or other person having charge of the ship must report particulars of the incident:
(a) either:
(i) if the incident takes place in Australian waters — to AMSA within 4 hours after the incident takes place; or
(ii) if the incident takes place outside of Australian waters — to the competent authority of the country closest to the place where the incident occurs within the time required by the competent authority; and
(b) in a form that is consistent with the ship reporting systems and ship reporting requirements adopted by the IMO by resolution A.851 (20).
This is a penal provision.
15.2 If a ship mentioned in provision 15.1 is abandoned, the operator of the ship must make or complete a report in accordance with provision 15.1.
This is a penal provision.
16 Fumigation of cargo holds
If the master of a ship intends to arrange for fumigation of any cargo hold when the ship is in a port, the master must, within 72 hours before arriving in the port, give to AMSA the following information:
(a) the ship’s name;
(b) the ship’s IMO number;
(c) the year the ship’s keel was laid;
(d) the country whose flag the ship is entitled to fly;
(e) the name of the ship’s agent;
(f) the name and contact details of the fumigator;
(g) when the ship is expected to berth in, and depart from, the port;
(h) whether it is intended to be in-transit fumigation.
Note 1 There is a form for giving the notice on AMSA’s website at 2 For information about fumigation — see SOLAS Chapter VI, regulation 4 and MSC.1/Circ. 1264 as amended by MSC.1/Circ.1396.
[18] Appendix, heading, first clause and table heading
substitute
Schedule 1 Additional requirements
(provision 2, definition of IMSBC Code)
| Material | Additional requirements |
[19] Other amendments — reference to Part
| provision | omit | insert |
| 1.1 | Part of Marine Orders | Order |
| 2, definition of solid bulk cargo | Part | Order |
| 3.1 | Part | Order |
| 3.2 | Part | Order |
| 4.1 | Part | Order |
| 6.1.3(b) | Part | Order |
| 13.1.1 | Part | Order |
| 13.1.2 | Part | Order |
[20] Other amendments — BC Code
In the following provisions, omit ‘BC Code’ and insert ‘IMSBC Code’:
· provision 3.1
· paragraph 13.2.1 (b)
· paragraph 13.4.1 (b)
[21] Other amendments — references to Manager, Ship Inspections
The following provisions are amended by omitting ‘Manager, Ship Inspections’ and inserting ‘Manager, Ship Inspection and Registration’:
· provision 6.1.1
· paragraphs 6.1.3(a) and (b)
· provision 13.2.1
· provision 13.2.2
· provision 13.3.2
· provision 13.3.3
· paragraph 13.4.1(b)
· provision 13.4.2
· provision 13.4.3
· provision 14.2
· provision 14.3
[22] Other amendments — definitions
The following definitions in provision 2 are amended by:
(a) omitting the concluding semi-colon and substituting a full stop; and
(b) formatting each defined term in bold italic:
· IMDG Code
· operator
· solid bulk cargo
· surveyor
· terminal representative
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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