Marine Orders Part 57 (formerly Part 18): Helicopter operations, Issue 2 (Order No. 2 of 1997) (Cth)

MARINE ORDERS

Part 57

(formerly Part 18)

Helicopter operations

Issue 2

Order No 2 of 1997

Pursuant to Section 425(1AA) of the Navigation Act 1912, I hereby make this Order:

(a)  renumbering Marine Orders, Part 18, Issue 1 as Part 57, Issue 1;

(b) repealing Marine Orders, Part 57, Issue 1 and issuing the attached Marine Orders, Part 57, Issue 2 to come into operation on  1 June 1997.

P M McGrath

Chief Executive

9 May 1997

Table of Contents

1      Interpretation

2      Purpose

3      Application

4      Offences

5      Arrangements on ships

1  Interpretation

In this Part:

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

(b) each Appendix is part of the Part;

(c)  a note included in the text and printed in italics is not part of the Part.

2  Purpose

This Part, pursuant to paragraphs 425(1)(c) and 425(1)(e) of the Navigation Act, makes provision for and in relation to:

(a) the protection of the health and the security from injury of persons engaged in the loading or unloading of ships; and

(b) the safety of persons, including pilots, going on or coming from, or on board, ships,

in connection with transfer operations by helicopter.

3  Application

This Part applies to and in relation to:

(a) a ship registered in Australia; and

(b) a ship registered in a country other than Australia that is in the territorial sea of Australia or waters on the landward side of the territorial sea.

4  Offences

Provisions 5.1 and 5.2 are penal provisions.

Note: Regulation 4 of the Navigation (Orders) Regulations provides:

'4.  A person who contravenes a provision of an order made under subsection 425(1AA) of the Act that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:

(a)  if the offender is a natural person—by a fine not exceeding $2,000; or

(b)  if the offender is a body corporate—by a fine not exceeding $5,000.'

5  Arrangements on ships

5.1 Requirement for safe arrangements

The master of a ship must not permit the transfer of persons and goods between helicopter and ship unless:

(a) the owner or master has provided such arrangements, equipment, instructions and training as:

(i)  are necessary and reasonable for emergency evacuation of persons from the ship; and

(ii)  are appropriate and reasonable for the normal operations of the ship; and

(b) the master is satisfied that:

(i)  the equipment is maintained in working order and readily available for use; and

(ii)  the specified training has been carried out.

Note: Arrangements, equipment, instructions and training that comply with:

(a) the Australian Code of Safe Practice for Ship-Helicopter Transfers, published by AMSA and available at any AMSA office; or

(b) the International Chamber of Shipping Guide to Helicopter/Ship Operations, to the extent that it is not inconsistent with (a),

will be regarded as meeting the requirements of 5.1.

5.2 Crew members' responsibility

Every crew member must:

(a) carry out the instructions determined by the owner or master under 5.1; and

(b) generally take such action as is reasonable to ensure that helicopter transfers are carried out safely.

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