Explanatory Statement
Marine Order 47, issue 3 (Order 2012/6)
Mobile offshore drilling units
Authority
- Section 190B of the Navigation Act 1912 (Navigation Act) provides that the regulations may:
(a) specify requirements with which the construction, hull, equipment and machinery of ships must comply; and
(b) provide for the survey and inspection of ships.
2. Paragraph 283E(1)(a) provides that the regulations may provide for giving effect to resolutions of the Internal Maritime Organization about offshore industry mobile units.
3. Subsection 425(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
4. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.
5. This instrument was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
6. This instrument takes account of the 2009 MODU Code which came into force on 1 January 2012. It has been re-drafted to improve readability and to implement new drafting styles.
Overview
7. The Order imposes obligations on the operator and person in charge of a mobile offshore drilling unit (MODU) in matters relating to the safety of personnel aboard, or embarking or leaving, the MODU.
Consultation
8. A copy of the draft Order was placed on the AMSA website for public comment. A copy of the draft Order was circulated for comment to stakeholders and their comments were taken into account in finalising the draft. The Office of Best Practice Regulation (OBPR) was consulted. The OBPR considered that, because the Order deals with matters of a minor or machinery nature, no further analysis (in the form of a Regulatory Impact Statement) was required. The OBPR reference number is ID 13228.
Documents incorporated by reference
9. Various provisions of the following documents are incorporated by reference:
(a) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1979 (IMO Resolution A.414(XI) as amended by MSC/Circ.561);
(b) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 1989 (IMO Resolution A.649(16) as amended by MSC/Circ.561 and Resolution MSC.38(63));
(c) Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (IMO Resolution A.1023(26) and its corrigendum (Corr. 1).
10. These documents may be purchased from:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
Telephone +44(0) 20 7735 7611
Facsimile +44(0) 20 7587 3210
IMO website: http://www.imo.org
11. A list of distributors who maintain permanent stock of all IMO publications is on the IMO Website. Information on obtaining copies of IMO documents referred to in this Order is also available on AMSA’s website at http://www.amsa.gov.au or by email: international relations@amsa.gov.au.
Commencement
12. This instrument commenced on 1 July 2012.
Contents of this instrument
13. Section 1 states the name of the Order.
14. Section 2 states that the Order commences on 1 July 2012.
15. Section 3 repeals the previous issue of the Order.
16. Section 4 states the purpose of the Order.
17. Section 5 states the power under which the Order is made.
18. Section 6 sets out definitions of terms used in the Order.
19. Sections 7 and 8 deal with the meaning of certain expressions.
20. Section 9 states that the Order applies to a MODU registered in Australia and a MDU registered in a country other than Australia that is operating as an offshore industry mobile unit in the way mentioned in subsection 8 (3) of the Act.
21. Section 10 allows for exemptions from requirements of the Order.
22. Section 11 allows for approval to be given to use an equivalent (a thing at least as effective as something required by the Order).
23. Division 2 of the Order (sections 12 to 22) specify various operational requirements for safety on MODUs, including those about personnel mentioned in Schedule 1, and other requirements such as a requirement to keep internal openings closed and to conduct emergency training and drills. It also requires compliance with Schedule 2.
24. Division 3 (sections 23 to 34) specifies requirements that apply to MODUs registered in Australia, including requirements for survey and inspection of MODUs and the issue of MODU certificates for MODUs that meet requirements.
25. Division 4 has only 1 section (section 34) that provides for circumstances in which Australian authorities may exercise control over a MODU not registered in Australia.
26. Division 5 deals with transitional matters, including continuance in force of approvals previously given and requirements applicable to replacement equipment.
27. Schedule 1 specifies various matters about personnel on MODUs, such as the numbers and levels of competence of personnel required in various circumstances and makes provision for a person to be appointed as person in charge of a MODU.
28. Schedule 2 specifies various safety precautions for MODUs registered in Australia, including fire safety and drills and training for emergencies.
Compatibility with human rights
29. AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
30. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.