Marine Orders Part 42: Cargo stowage and securing, Issue 2 (Cth)
MARINE ORDERS
Part 42
Cargo stowage and securing
Issue 2
Order No. 8 of 2003
Pursuant to subsection 425(1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders Part 42, Issue 1, and substituting the attached Marine Orders Part 42, Issue 2, to come into operation on 1 January 2004.
Robert McKay
Acting Chief Executive Officer
11 December 2003
Table of Contents
1 Purpose of this Part
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Equivalents and exemptions
6 Review of decisions
7 Notice of intention to ship cargo
8 Information for master
9 Stowage and securing - responsibility
10 Stowage and securing - requirements
11 Unsafe or inadequate arrangements
12 Inspections and additional information
13 Safety on deck
14 Navigation bridge visibility
Previous issues
Issue 1, Order No.1 of 1998
1 Purpose of this Part
1.1 Section 191 of the Navigation Act 1912 allows for the making of regulations to give effect to SOLAS.
1.2 Section 257 of the Navigation Act 1912 provides for regulations to make provision for or in relation to the stowing and carriage in ships of cargo.[1]
1.3 Subsection 425(1AA) of the Navigation Act 1912 provides that AMSA may make orders with respect to any matter for or in relation to which provision may be made by regulation.
1.4 This Part of Marine Orders gives effect to SOLAS, Chapter V, Regulation 22 (Navigation Bridge Visibility) and Chapter VI, Regulation 2 (Cargo Information) and Regulation 5 (Stowage and Securing).
[1] Section 257 specifies a penalty up to $5,000 for non-compliance with the regulations made pursuant to that section. By virtue of sections 4AA and 4AB of the Crimes Act 1914, this penalty is now $5,500.
2 Definition of words and phrases used in this Part
2.1 In this Part, unless the contrary intention appears, the following definitions apply:
AMSA means the Australian Maritime Safety Authority, as established by the Australian Maritime Safety Authority Act 1990;
approved means:
(a) in respect of an Australian ship - approved by the Chief Marine Surveyor or a survey authority;
(b) in respect of a ship registered in a country other than Australia - approved by or on behalf the Administration of that country;
cargo transport unit means a road freight vehicle, a railway freight wagon, a freight container, a road tank vehicle, a railway tank wagon or a portable tank;
cargo unit means a vehicle, container, flat, pallet, portable tank, packaged unit, or any other entity, etc., and loading equipment, or part thereof, which belongs to the ship but is not fixed to the ship;
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;
consolidator means a person who packs, or supervises the packing of, cargo for various shippers into a cargo transport unit for transport by sea;
CSS Code means the Code of Safe Practice for Cargo Stowage and Securing (including the Annexes and Appendixes thereto), published by the IMO;[2]
[2] The CSS Code was adopted by IMO Resolution A.714(17) and amended by IMO Circulars MSC/Circ. 664, MSC/Circ.691, MSC/Circ.812 and MSC/Circ.1026.
freight container means an article of transport equipment that is defined in the IMDG Code;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
IMDG Code means the International Maritime Dangerous Goods Code as defined in Marine Orders, Part 41;
IMO means the International Maritime Organization;
length, in relation to a ship, means:
(a) 96% of the total length of a ship on a waterline at least 85% of the least-moulded depth, measured from the top of the keel; or
(b) the length from the fore-side of the stem to the axis of the rudder stock on that waterline;
whichever is the greater.
In ships designed with a rake of keel, the waterline that is measured must be parallel to the designed waterline.
on deck includes on top of hatch covers;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations 1980;[3]
[3]A person who fails to comply with a provision of an order made under subsection 425(1AA) of the Navigation Act 1912 that is expressed to be a penal provision is guilty of an offence punishable by;
ro-ro space means a space not normally subdivided in any way and normally extending to either a substantial length or the entire length of the ship in which motor vehicles with fuel in their tanks for their own propulsion and/or goods (packaged or in bulk, in or on rail or road cars, vehicles (including road or rail tankers), trailers, containers, pallets, demountable tanks or in or on similar stowage units or other receptacles) can be loaded and unloaded normally in a horizontal direction;
shipper means any person, organisation or Government which prepares a consignment for transport, and in the case of goods shipped by container or vehicle in less than full container or vehicle load, includes the consolidator of those goods;
SOLAS means the Safety Convention as defined in the Navigation Act 1912;
survey authority means a survey authority approved for the purposes of the Navigation Act 1912; [4]
surveyor means a person appointed to be a surveyor under section 190 of the Navigation Act 1912;
surveyor-in-charge means:
(a) in the case of a port where an AMSA marine survey office is situated, the surveyor in charge of that office; or
(b) in the case of any other port, the surveyor in charge of the AMSA marine survey office nearest to that port;
TDC Code means the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 1991 (including the Appendixes thereto), published by the IMO.[5]
[5] IMO Resolution A.715(17) adopted the TDC Code. Refer to IMO Circulars MSC/Circ. 525 (guidance note on precautions to be taken by the masters of ships below 100 meters in length engaged in the carriage of logs) and MSC/Circ.548 (guidance note on precautions to be taken by masters of ships engaged in the carriage of timber cargoes).
3 Interpretation
3.1 In this Part, unless otherwise provided or unless the context otherwise requires, words and phrases have the same meaning as they have in the CSS Code or the TDC Code, as appropriate.
3.2 In this Part:
(a) headings and sub‑headings are a part of the Part;
(b) a footnote is not part of the Part but may provide additional information or guidance in applying the Part.
3.3 A reference to the Administration in Chapter VI of SOLAS, an IMO resolution or document referred to in this Part is to be read as a reference to the Chief Marine Surveyor.[6]
[6] Copies of IMO Resolutions or other documents referred to in this Part are available from AMSA.
4 Application
4.1 This Part applies to:
(a) the stowing and securing of cargoes in:
(i) a ship registered in Australia; or
(ii) 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; and
(b) a cargo unit or cargo transport unit packed or being packed for transport on a ship referred to in (a).
4.2 This Part does not apply to bulk cargoes of solid, liquid or gaseous nature.
5 Equivalents and exemptions[7]
[7] 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 require additional information to assist in reaching a decision.
5.1 Equivalents
If a provision of the CSS Code, the TDC Code or this Part requires a particular fitting, material, appliance or apparatus or type thereof to be fitted or carried in a ship, or particular provision to be made in relation to a ship or its equipment or in relation to a cargo, the Chief Marine Surveyor may, upon written request, allow a modification or variation of that requirement if satisfied that the fitting, material,
appliance or apparatus or type thereof or other provision so allowed is at least as effective as that required by the CSS Code, the TDC Code or this Part.
5.2 Exemptions
The Chief Marine Surveyor will, upon written request, if satisfied that compliance with a requirement of the CSS Code, the TDC Code or this Part would in a particular case be unreasonable or impracticable, allow exemption in relation to a ship or a cargo from compliance with such requirement or provision to such extent and subject to such conditions as that officer determines.
5.3 Exemptions and equivalents not to contravene SOLAS
The Chief Marine Survey must not allow an equivalent under 5.1 or give an exemption under 5.2 if it would contravene SOLAS.
6 Review of decisions
6.1 Internal Review
6.1.1 A person affected by a decision of the Chief Marine Surveyor:
(a)not to allow a modification or variation under 5.1;
(b)not to allow exemption in relation to a ship or cargo under 5.2;
(c)not to approve a Cargo Securing Manual for the purposes of 10.6.1;
(d) that the Cargo Securing Manual, the CSS Code or the TDC Code insufficiently provides for the safety of persons or for the proper carriage of cargo and that there are additional precautions to be observed under 11.1 or 11.2; or
(e) to require additional information under 12.2
may apply to the General Manager for a 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:
(a) affirm the original decision by the Chief Marine Surveyor; or
(b) make any decision that could be made by the Chief Marine Surveyor in accordance with this Part.
6.1.4 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.
6.2 Review by the Administrative Appeals Tribunal
6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision of the General Manager made under 6.1.3.
6.2.2 The written decision of the General Manager required by 6.1.4 must include a statement to the effect that:
(a) if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) the person may request a statement under section 28 of the Administrative Appeals Tribunal Act 1975.
6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.
7 Notice of intention to ship cargo
7.1 At least 48 hours before commencing to load into a ship at a port in Australia:
(a) any large item that will project over the ship’s side;
(b)any single item of more than 100 tonnes mass; or
(c) containers on deck more than one high where the ship is not specially designed and fitted for the purpose of carrying containers on deck, unless stowed in accordance with an approved Cargo Securing Manual,
the owner, master or agent of the ship must furnish to the surveyor-in-charge for the port of loading a signed notice containing details of:
(d)the name and IMO number of the ship;
(e)the port and berth of loading;
(f)the identity or type, and approximate quantity of, the cargo to be loaded; and
(g)in the case of (a) and (b), the shipper of the cargo,
unless the surveyor-in-charge allows a shorter period of notice.
7.2 The master must not allow the loading of cargo referred to in 7.1 until notice has been provided in accordance with 7.1.
This is a penal provision.
8 Information for master
8.1 Requirement for information
8.1.1 Subject to 8.2, before commencement of loading of cargo at a port in Australia, the shipper of that cargo must provide to the master or the master’s representative appropriate information on the cargo sufficiently in advance of loading to enable the precautions which may be necessary for proper stowage and safe carriage of the cargo to be put into effect.
8.1.2 The information in 8.1.1 must be confirmed in writing and by appropriate shipping documents prior to loading the cargo on the ship.[8]
[8] A suitable form for providing this information to the master or the master's representative is the "Shippers Declaration" Form, available from the AMSA website at
8.1.3 The cargo information is to include:
(a) a general description of the cargo;
(b) the gross mass of the cargo or of the cargo units;
(c) any relevant special properties of the cargo; and
(d) the information specified in sub-chapter 1.9 of the CSS Code.
8.2 Verification of mass before loading
Prior to loading cargo units on board a ship, the shipper must ensure that the gross mass of such units is in accordance with the gross mass declared on the shipping documents.
9 Stowage and securing - responsibility
A person must not in any way:
(a)load cargo on to a ship; or
(b) stow cargo on a ship; or
(c) secure cargo on a ship,
except in accordance with this Part.
This is a penal provision.
10 Stowage and securing - requirements
10.1 Loading, stowing and securing of cargo, cargo units and cargo transport units
Cargo, cargo units and cargo transport units carried on or under deck must be so loaded, stowed and secured as to prevent as far as is practicable, throughout the voyage, damage or hazard to the ship and the persons on board, and loss of cargo overboard.
10.2 Packing and securing of cargo within cargo units and cargo transport units
Cargo, cargo units and cargo transport units must be so packed and secured within the unit as to prevent, throughout the voyage, damage or hazard to the ship and the persons on board.[9]
[9] Note the joint IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units (CTUs), published by IMO as MSC/ Circ. 787.
10.3 Abnormal cargoes
Appropriate precautions must be taken during the loading and transport of heavy cargoes or cargoes with abnormal physical dimensions to ensure that no structural damage to the ship occurs and to maintain adequate stability throughout the voyage.
10.4 Ro-ro ships
Appropriate precautions must be taken during the loading and transport of cargo units and cargo transport units on board ro-ro ships, especially with regard to the securing arrangements on board such ships and on the cargo units and cargo transport units and with regard to the strength of the securing points and lashings.[10]
[10] Note MSC/Circ. 812Amendment to the Guidelines for Securing Arrangements for the Transport of Road Vehicles on ro-ro Ships (Resolution A.581(14)) and the Code of Safe Practice for Cargo Stowage and Securing (Resolution A.714(17)).
10.5 Loading of freight containers
A shipper must not load a freight container to more than the maximum gross weight indicated on the Safety Approval Plate under Marine Orders, Part 44 (Safe Containers).
This is a penal provision.
10.6 Cargo Securing Manual
10.6.1 The master of a ship, other than a ship solely carrying passengers, bulk solid, liquid or gaseous cargoes, must ensure that the ship carries an approved Cargo Securing Manual prepared in accordance with the Guidelines for the Preparation of Cargo Securing Manual, published by IMO.[11]
This is a penal provision.
10.6.2 Other than solid and liquid bulk cargoes, all cargoes including cargo units and cargo transport units must be loaded, stowed and secured throughout a voyage in accordance with the ship's approved Cargo Securing Manual. In the case of a ship with ro-ro spaces, this securing shall be completed before the ship leaves the berth.[12]
10.6.3 Where the Cargo Securing Manual does not adequately provide for a particular cargo, that cargo must be properly loaded, stowed and secured, taking into account the provisions of the CSS or TDC Codes, as appropriate.
[11] The Guidelines for the Preparation of Cargo Securing Manual is adopted by IMO MSC/Circ. 745.
[12] 10.6.2 does not prevent movement of a ship within the limits of a port, for example shifting berth or proceeding to a safe anchorage.
11 Unsafe or inadequate arrangements
11.1 If, in relation to a particular cargo, it appears to the Chief Marine Surveyor that the Cargo Securing Manual, the CSS Code or the TDC Code insufficiently provides for the safety of persons or for the proper carriage of the cargo, that officer may require additional precautions to be observed.
11.2 If, in relation to a particular ship, it appears to the Chief Marine Surveyor that the Cargo Securing Manual, the CSS Code or the TDC Code insufficiently provides for the safety of persons or for the proper carriage of a particular cargo, that officer may require additional precautions to be observed.
11.3 A person must not load, stow or carry a cargo in respect of which the Chief Marine Surveyor has required additional precautions to be observed except in accordance with those additional precautions.
This is a penal provision.
12 Inspections and additional information
12.1 Compliance inspections
12.1.1 A surveyor may at any time inspect a ship loading or to be loaded with cargo, the loading arrangements of the ship and the prescribed information relating to the cargo, and its carriage, to ascertain compliance with this Part.
12.1.2 If the surveyor referred to in 12.1.1 determines that there is not compliance with this Part, a surveyor may at any time make such further inspection or inspections as necessary to ascertain compliance.
12.1.3 The master of a ship shall ensure that the surveyor be given such access as is necessary for the purposes of 12.1.1 and 12.1.2.
This is a penal provision.
12.2 Insufficient information
If it appears to the Chief Marine Surveyor that the information furnished in relation to a particular cargo does not establish that the cargo can be loaded and carried in a ship without danger to the ship or any person on the ship, that officer may require to be furnished with such additional information as will establish whether the cargo can be loaded and carried without danger.
13 Safety on deck
Cargo must not be stowed on the deck of a ship unless:
(a)clear access is provided between every exit from passenger or crew accommodation and every life-saving appliance;
(b) clear access is provided between every exit from crew accommodation and every space required for the normal and emergency working of the ship;
(c) accessways are at least 600 mm wide, of adequate height and kept free of obstruction at all times;
(d) provision is made for adequate stability at all times during the voyage;
(e) adequate access is provided for pilots;
(f) adequate visibility is maintained from the bridge and all lookout positions; and
(g) provision is made to prevent navigation lights from being obscured.[13]
[13] Note IMO Resolution A.708(17) - Guidelines on navigational bridge visibility and functions.
14 Navigation bridge visibility
14.1 A ship of 45 metres or more in length, constructed on or after 1 July 1998, must meet the following requirements:
(a)the view of the sea surface from the conning position must not be obscured by more than two ship lengths, or 500 metres, whichever is the less, forward of the bow to 10° on either side under all conditions of draught, trim and deck cargo;
(b) no blind sector caused by cargo, cargo gear or other obstructions outside of the wheelhouse forward of the beam which obstructs the view of the sea surface as seen from the conning position, is to exceed 10°. The total arc of blind sectors is not to exceed 20°. The clear sectors between blind sectors must be at least 5°. However, in the view described in (a), each individual blind sector is not to exceed 5°;
(c) the horizontal field of vision from the conning position must extend over an arc of not less than 225°, that is from right ahead to not less than 22.5° abaft the beam on either side of the ship;
(d) from each bridge wing the horizontal field of vision must extend over an arc of at least 225°, that is from at least 45° on the opposite bow through right ahead and then from right ahead to right astern through 180° on the same side of the ship;
(e) from the main steering position the horizontal field of vision must extend over an arc from right ahead to at least 60° on each side of the ship;
(f) the ship's side must be visible from the bridge wing;
(g) the height of the lower edge of the navigation bridge front windows above the bridge deck must be kept as low as possible. In no case is the lower edge to present an obstruction to the forward view as described in this provision;
(h) the upper edge of the navigation bridge front windows must allow a forward view of the horizon, for a person with a height of eye of 1,800 mm above the bridge deck at the conning position, when the ship is pitching in heavy seas;
(i) windows must meet the following requirements:
(i)framing between navigation bridge windows must be kept to a minimum and not be installed immediately forward of any workstation;
(ii)to help avoid reflections, the bridge front windows must be inclined from the vertical plane top out, at an angle of not less than 10° and not more than 25°;
(iii)polarised and tinted windows must not be fitted; and
(iv) at all times, regardless of weather conditions, at least two of the navigation bridge front windows must provide a clear view, and in addition, depending on the bridge configuration, an additional number of windows must provide a clear view.
14.2 A ship constructed before 1 July 1998 must, where practicable, meet the requirements of 14.1(a) and (b). However, structural alterations or additional equipment are not required.
* * * * * *
(a) if the offender is a natural person - a fine not exceeding 20 penalty units; or
(b) if the offender is a body corporate - a fine not exceeding 50 penalty units.
Section 4AA of the Crimes Act 1914 currently provides that a penalty unit is $110.
American Bureau of Shipping Bureau Veritas
Det Norske Veritas Germanischer Lloyd
Lloyd's Register of Shipping Nippon Kaiji Kyokai
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