Marine Orders Part 50: Special purpose ships, Issue 5 (Order No. 12 of 2009) (Cth)

MARINE ORDERS

Part 50

Special purpose ships

Issue 5

Order No. 12 of 2009

Pursuant to subsection 425(1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders, Part 50, Issue 4, and substituting the attached Marine Orders, Part 50, Issue 5, to come into operation from 1 January 2010.

Michael Kinley
Acting Chief Executive Officer
8 December 2009

Table of Contents

1 Purpose and power

2 Definitions of words and phrases used in this Part

3 Interpretation

4 Application

5 Exemptions and equivalents

6 Review of decisions

7 Prescribed matters

8 Certification and survey

9 Existing and small ships

10 Training of special personnel

Appendix Form of Special Purpose Ship Safety Certificate

Previous issues

Issue 1, Order No 3 of 1986

Issue 2, Order No 2 of 1987

Issue 3, Order No 14 of 1999
—Amended by Order No 15 of 1999

Issue 4, Order No 2 of 2007

1 Purpose and power

1.1 Purpose

This Part of Marine Orders makes provision for and in relation to the construction, equipment and operation of special purpose ships and the training requirements for special personnel. In particular it:

(a) gives effect to the Code of Safety for Special Purpose Ships; and

(b) prescribes matters for the purposes of defining special purpose ships and special personnel.

1.2 Power

1.2.1 Subsection 283A of the Navigation Act provides that the regulations may:

(a) make provision for or in relation to special purpose ships or special personnel with respect to any matter with respect to which provision is made by the Act; and

(b) provide that a specified provision of the Act does not apply, or applies with prescribed modifications, in relation to special purpose ships or special personnel.

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;

Code means the Code of Safety for Special Purpose Ships adopted by IMO Resolution MSC.266(84);

crew means persons employed on board a ship on the business of the ship:

(a) navigating the ship;

(b) maintaining the ship, its machinery, systems and arrangements essential for propulsion and safe navigation; or

(c) providing services for other persons on board the ship;

Deputy CEO means the person acting in the position of Deputy Chief Executive Officer, Maritime Operations in AMSA;

IMO means the International Maritime Organization;

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;

Navigation Act means the Navigation Act 1912;

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 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 fine not exceeding 50 penalty units. The maximum penalty that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

SOLAS means the Safety Convention as defined in the Navigation Act; and

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: align="left">3 Interpretation

3.1 A reference to the Administration in the Code, an IMO resolution or document referred to in this Part is to be read as a reference to the Manager, Ship Inspections, and a power, function or discretion exercisable by the Administration is exercisable by the Manager, Ship Inspections.

Note Copies of IMO resolutions and circulars referred to in this Part are available from AMSA.

3.2 In this Part, a reference to the date on which a ship was constructed means the date on which not less than 50 tonnes or one per cent of the proposed total mass of the structural material of the ship, whichever is the less, has been assembled.

3.3 In this Part:

(a) headings and sub-headings are part of the Part;

(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.

4 Application

This Part applies to and in relation to a special purpose ship:

(a) registered in Australia; or

(b) engaged on a voyage commencing or terminating at a port in Australia or an Australian Territory.

5 Exemptions and equivalents

5.1 Exemptions

5.1.1 The Manager, Ship Inspections, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a ship, its equipment and its intended voyage, may exempt that ship from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.

5.1.2 Provision 5.1.1 applies only to the extent that any exemption from a provision of this Part is not inconsistent with SOLAS or the Code.

5.2 Equivalents

Where the Code requires that a particular fitting, material, appliance, apparatus, item of equipment or type thereof should be fitted or carried in a unit, or that any particular provision should be made, or any procedure or arrangement should be complied with, the Administration may allow any other fitting, material, appliance, apparatus, item or equipment or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that unit, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the Code.

6 Review of decisions

6.1 Internal review

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 Deputy CEO, apply to the Deputy CEO for review of that decision.

6.1.2 An application for internal review under 6.1.1 must be made in writing to the Deputy CEO and must be accompanied by such information as the Deputy CEO requires to enable the decision to be properly reviewed.

6.1.3 The Deputy CEO 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.

6.1.4 The Deputy CEO must notify his or her decision in writing to the applicant within 28 days of receiving the application for internal review.

6.2 Review by the AAT

6.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the Deputy CEO under 6.1.3.

6.2.2 The notice under 6.1.4 must include:

(a) a statement to the effect that, 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) a statement to the effect that the person may request a statement under section 28 of that Act.

6.2.3 Failure to comply with 6.2.2 in relation to a decision does not affect the validity of that decision.

7 Prescribed matters

7.1 For the purposes of section 283 of the Navigation Act, a ship in the following class of ships is a special purpose ship:

mechanically self‑propelled ships which, by reason of their function, carry on board:

(a) more than 12 special personnel; or

(b) a combination of passengers and special personnel where the combined total exceeds 12 but the number of passengers does not exceed 12.

Note Some sail training ships may be classified by the Administration as “not propelled by mechanical means” if fitted with mechanical propulsion for auxiliary and emergency purposes.

Note 2 Where a ship carries more than 12 passengers, as defined in SOLAS, the ship should not be considered a special purpose ship as it is a passenger ship as defined by SOLAS.

7.2 For the purposes of paragraph 283(d) of the Navigation Act, any person carried on board a special purpose ship, other than:

(a) the master or any other member of the crew of the ship;

(b) a pilot;

(c) a person temporarily employed on the ship in port; or

(d) a person carried on the ship in connection with the special purpose of the ship or related special work performed on board the ship;

is a person included in a prescribed class of persons.

Note The combined effect of 7.2 and section 283 of the Navigation Act is that "special personnel" are persons carried on the ship in connection with the special purpose of the ship or related special work performed on board the ship, but not including the master or any other member of the crew, a pilot, a person temporarily employed on the ship in port, or a passenger.

Note 2 The Code defines “special personnel” as all persons who are not passengers or members of the crew or children of under one year of age who are carried on board in connection with the special purpose of that ship or because of special work being carried out aboard that ship. Wherever in the Code the number of special personnel appears as a parameter, it should include the number of passengers carried on board which may not exceed 12.

Note 3 Special personnel are expected to be able bodied with a fair knowledge of the layout of the ship and to have

received some training in safety procedures and the handling of the ship’s safety equipment before leaving port and

include the following:

1. Scientists, technicians and expeditionaries on ships engaged in research, non-commerical expeditions and survey;

2. personnel engaging in training and practical marine experience to develop seafaring skills suitable for a professional career at sea. Such training should be in accordance with a training programme approved by the Administration;

3. personnel who process the catch of fish, whales or other living resources of the sea on factory ships not engaged in

catching;

4. salvage personnel on salvage ships, cable-laying personnel on cable-laying ships, seismic personnel on seismic survey ships, diving personnel on diving support ships, pipe-laying personnel on pipe layers and crane operating personnel on floating cranes; and

5. other personnel similar to those referred to in 1 to 4 who, in the opinion of the Administration, may be referred to this group.

8 Certification and survey

8.1 Special Purpose Ship Safety Certificate

8.1.1 Pursuant to subsection 283A(2) of the Navigation Act, subsections 206S(1) and 206S(2) of that Act are modified to the effect that, if a ship referred to in one of those subsections is a special purpose ship, the requirement in the relevant subsection for certificates of survey and equipment appropriate for a passenger ship is replaced by a requirement for equivalent certificates of survey and equipment appropriate for a cargo ship together with a Special Purpose Ship Safety Certificate.

8.1.2 The master or owner of a special purpose ship other than a ship referred to in section 206S of the Navigation Act must not take the ship to sea or permit the ship to be taken to sea unless there is in force in respect of the ship a Special Purpose Ship Safety Certificate.

This is a penal provision

8.1.3 A Special Purpose Ship Safety Certificate will be issued or endorsed by the Manager, Ship Inspections, or by a survey authority in respect of a special purpose ship surveyed and found to be in compliance with the Code.

8.1.4 Provisions 14 and 16 of Marine Orders, Part 31 apply to a Special Purpose Ship Safety Certificate as though it were a Cargo Ship Safety Certificate.

8.1.5 The form of a Special Purpose Ship Safety Certificate is the form in the Appendix.

8.1.6 For the purposes of 8.1.1 and 8.1.2, a ship constructed before 1 January 2010 may use either a Special Purpose Safety Certificate referred to in 8.1.5 or a Special Purpose Ship Safety Certificate in compliance with Issue 4 of this Part of Marine Orders.

8.2 Survey requirements

Provisions 8, 9, 10 and 13 of Marine Orders, Part 31, apply to the survey of a special purpose ship, except that where such a provision is inconsistent with a provision of this Part, the provision of this Part is to prevail.

9 Existing and small ships

9.1 In 9.2, existing ship means a ship constructed before 1 May 1987, but does not include a ship that, after 1 May 1987, undergoes substantial conversion, including a structural alteration or modification that:

(a) changes the length, breadth or least moulded depth of the ship;

(b) substantially extends the ship's expected service life;

(c) facilitates a change in the use or intended use of the ship; or

(d) changes the ship's gross tonnage by more than 10 per cent.

9.2 An existing ship or a ship of less than 500 gross tonnage is deemed to be in compliance with this Part provided such a ship complies with the Code to the extent that the Manager, Ship Inspections, considers reasonable and practical, having regard to the ship, its equipment and its intended operations.

9.3 Special purpose ships constructed after 1 May 1987 but before 1 January 2010 need not comply with this Order, Marine Orders Part 50, Issue 5 but must comply with the Code of Safety for Special Purpose Ships adopted by virtue of resolution A.534(13) and amended by MSC.183(79) and MSC/Cir.739.

Note Special purpose ships constructed before 1 January 2010 and issued with a Special Purpose Ship Safety Certificate in compliance with the provisions of the Code of Safety for Special Purpose Ships 2008 as adopted by MSC.266(84) shall be acceptable for the purpose of Issue 5 of this Part.

10 Training of special personnel

10.1 The master of a special purpose ship must not take the ship to sea unless satisfied that every person carried on board as special personnel has appropriate knowledge of the layout of the ship and has received appropriate training in safety procedures, including emergencies which may occur on that particular type of ship, and the handling of the ship's safety equipment.

This is a penal provision

Note If all or part of the requisite training is undertaken other than on board the ship under the direct control of the master (for instance, at a shore establishment before joining the ship), it will be necessary for the employer of the special personnel to provide the master with such evidence as is reasonably necessary for the master to be satisfied that all persons have received the requisite training.

10.2 For the purposes of Provisions 32 and 34, and Appendices 5, 7 and 10, of Marine Orders, Part 21, special personnel are to be treated as crew members.

* * * * *

Appendix

SPECIAL PURPOSE SHIP SAFETY CERTIFICATE

This Certificate shall be supplemented by a Record of Equipment (Form SPS)

Issued in compliance with the provisions of the

CODE OF SAFETY FOR SPECIAL PURPOSE SHIPS 2008 as adopted by MSC.266(84)

under the authority of the Government of Australia by .......................................................
(person or organisation authorised)

Particulars of ship

Name of ship	Distinctive number or letters	Port of registry	Gross tonnage	Sea areas in which ship is certificated to operate (SOLAS reg IV/2)	IMO Number		Ship's special purpose
Date on which keel was laid or ship was at a similar stage of construction or, where applicable, date on which work for a conversion or an alteration or modification of a major character was commenced						..........................................

THIS IS TO CERTIFY:

1 That the ship has been surveyed in accordance with the provisions of regulations 1.6 of the Code.

2 That the survey showed that:

2.1 the ship complied with the provisions of the Code as regards:

.1 the structure, main and auxiliary machinery, boilers and other pressure vessels; and

.2 the watertight subdivision arrangements and details;

2.2 the ship complied with the provisions of the Code as regards structural fire protection, fire safety systems and appliances and fire control plans;

2.3 the life-saving appliances and the equipment of lifeboats, liferafts and rescue boats were provided in accordance with the provisions of the Code;

2.4 the ship was provided with a line-throwing appliance and radio installations used in life-saving appliances in accordance with the provisions of the Code:

2.5 the ship complied with the provisions of the Code as regards radio installations;

2.6 the functioning of the radio installations used in life-saving appliances complied with the provisions of the Code;

2.7 the ship complied with the provisions of the Code as regards shipborne navigational equipment, means of embarkation for pilots and nautical publications;

2.8 the ship was provided with lights, shapes, means of making sound signals and distress signals, in accordance with the requirements of the Convention and the International Regulations for Preventing Collisions at Sea in force;

2.9 in all other respects the ship complied with the relevant provisions of the Code.

3 That an Exemption Certificate has/has not* been issued.

4 That the ship has/has not been provided with Certificates issued under the 1974 SOLAS Convention, as amended.

This certificate is valid until .................................

Completion date of the survey on which this certificate is based:	………………………………..
(dd/mm/yyyy)

Issued at .....................................................................................................
(Place of issue of certificate)

.....................................
(Date of issue)

...................................................
(Signature of authorised official issuing the certificate)

(Seal or stamp of the issuing authority, as appropriate)

Endorsement for annual surveys relating to hull, machinery and equipment referred to in section 2.1 of this certificate

THIS IS TO CERTIFY that, at a survey required by 1.6 of the Code, the ship was found to comply with the relevant provisions of the Code.

Annual survey:
Signed:.................................................
(Signature of authorised official)
Place:..................................... Date: ................