Marine Orders Part 54 Amendment 2011 (No. 1) (Cth)

Case

AMSA MO 2011/13

Marine Orders Part 54 Amendment 2011 (No. 1) (Coastal pilotage)

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.

Mick Kinley
ActingChief Executive Officer

8 December 2011

  1.       Name of Order

This Order is Marine Orders Part 54 Amendment 2011 (No. 1).

  1. Commencement

2.1     Sections 1 to 3 and Schedule 1 are taken to have commenced on 1 July 2011.

2.2     Schedule 2 commences on the day after registration.

  1. Amendment of Marine Orders Part 54, issue 5

Schedules 1 and 2 amend Marine Orders Part 54, issue 5.

Schedule 1    Amendment taken to have commenced on 1 July 2011

(section 3)

[1]       Table 36.3, item 8

substitute

8 57 Fail to ensure pilot complies with the pilotage provider’s fatigue risk management plan — first infringement in compliance period 7
9 57 Fail to ensure pilot complies with the pilotage provider’s fatigue risk management plan — second infringement in compliance period 14
10 57 Fail to ensure pilot complies with the pilotage provider’s fatigue risk management plan — third infringement in compliance period 21

[2]       Provision 53.3

omit

[3]       Provision 54.1, including the note

substitute

54.1     It is a condition of a pilotage provider licence that, after any incident involving a pilot launch or ship piloted by a person contracted or employed by the pilotage provider, the pilotage provider:

(a)   after an incident involving a pilot launch — tells AMSA about the incident before the end of the next business day after the day of the incident; and

(b)   after an incident involving a ship piloted by the person — tells AMSA about the incident within 4 hours after the incident; and

(c)   if requested by AMSA, give AMSA written details of the incident within 72 hours after the request is made.

Note   If a form is approved for this purpose, the approved form must be used — see pr 119.

[4]       Paragraph 54.2(d)

substitute

(d)   an injury to or illness of a person that may affect the safe operation of the   launch or ship;

[5]       Paragraph 54.2(i)

substitute

(i)     machinery or equipment failure on board the launch or ship that may           affect the safe operation of the launch or ship.

[6]       Paragraph 75.2(b)

omit

paragraph (a).

insert

paragraph (a); or

[7]       after paragraph 75.2(b)

(c)   a later date in accordance with provision 78.3.

[8]       Paragraph 82(e)

substitute

(e)    has satisfactorily completed an approved pilotage training course for           trainee pilot induction; and

[9]       Provision 124

substitute

124      Helicopter underwater escape training

Schedule 1, clause 1.10.4 does not apply until 1 July 2012.

125      Division expiry

This Division expires on 1 January 2015.

Schedule 2    Amendment commencing on registration

(section 3)

[1]       Paragraph 82(c)

omit

the person

[2]       Paragraph 82(g)

substitute

(g)for the sea service mentioned in paragraph (f) — has completed 18 months of the service in the 5 years immediately before the person is being considered for eligibility to hold the licence.

[3]       Provision 120.1

substitute

120.1     A document of compliance issued under Marine Order Part 54, issue 4 that was in force immediately before the commencement of this issue:

(a)        is taken to be a pilotage provider licence issued under this Part; and

(b)       expires on 29 February 2012.

[4]       Provision 122

omit each mention of

1 July 2011

insert

30 June 2011

[5]       Provision 122.2

omit

1 July 2013

insert

1 January 2015

[6]       Schedule 1, paragraph 1.7(h)

substitute

(h)   echo sounder, radar, GPS plotter for navigation and event marking, compass with current deviation card, horn, VHF radio, 406 MHz EPIRB,  automatic identification system (AIS), 2 way external broadcast system, a Maritime Survivor Locating System (MSLS) operating on 121.5 MHz (AS/NZS 4869.1) or on frequencies other than 121.5 MHz (AS/NZS 4869.2) and appropriate current navigation publications and charts of the operating area;

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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