Explanatory Statement
Marine Orders Part 12 Amendment 2011 (No. 1) (Order 2011/11)
Construction — Subdivision and stability, machinery and electrical installations
Authority
- Paragraph 190B(1) of the Navigation Act 1912 (the Navigation Act) allows regulations to be made that specify requirements with which the construction, hull, equipment and machinery of ships must comply. Section 191 of the Navigation Act allows regulations to be made to give effect to the International Convention for the Safety of Life at Sea 1974, as amended from time to time (SOLAS), while section 192B provides for regulations to be made for the carrying on a ship of information about the stability of the ship. Subparagraph 283D(1)(a) of the Navigation Act provides that regulations may be made for or in relation to giving effect to resolutions of the International Maritime Organization about off-shore industry vessels.
- 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.
- 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.
- This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
5. This instrument amends Marine Orders Part 12, issue 3. That Order sets out standards for the structure, subdivision, stability, machinery and electrical installations for SOLAS and non-SOLAS ships. The instrument updates some provisions to use SOLAS terminology, reflects recent amendments made to Chapter II-1 of SOLAS, clarifies some requirements and removes unnecessary provisions.
6. The instrument also shortens Marine Orders Part 12, issue 3 by adopting the application and review process in Marine Order 1 (Administration) for exemptions and equivalents and removes definitions of terms that are now defined in that Order.
Overview
7. Recent amendments to Chapter II-1 of SOLAS made by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO) prompted review of Marine Orders Part 12, issue 3 because that Order gives effect to SOLAS Chapter II-1. Resolutions MSC.290 (87) and MSC.291 (87) will enter into force on 1January 2012 and Resolution MSC.308 (88) will enter into force on 1 July 2012.
8. It was found that these amendments do not require changes to the substantive provisions of the Order. However, other amendments to the Order are needed to ensure the Order better reflects SOLAS terminology and notes that the recent amendments affect where the latest text of Chapter II-1 of SOLAS can be found, and to clarify requirements and remove unnecessary provisions.
9. The instrument also adopts the application and review process for exemptions and equivalents that is set out in Marine Order 1 (Administration) and removes definitions that are now in that Order. The opportunity has also been taken to update references to the Manager, Ship Inspections to refer to that decision maker’s current title and to rename the ‘Appendix’ the ‘Schedule’ consistent with current Commonwealth drafting practice.
10. The effect of the Order is minor or machinery in nature. For these reasons, and based on the information available, no further analysis in the form of a Regulation Impact Statement is required (OBPR reference number 13130).
Consultation
11. A copy of the draft of this instrument was placed on AMSA’s website for public comment. In addition, 23 stakeholder organisations were directly invited by e-mail to comment and provided with a copy of the draft Order. A list of these organisations can be provided by AMSA on request.
12. Responses were received only from the Department of Infrastructure and Transport, Germanischer Lloyds and Shipping Australia Limited to the effect that each organisation had no comment on the draft amendment.
Documents incorporated by reference
13. No document is incorporated by reference by this instrument.
Commencement
14. This instrument commences on 1 January 2012.
Contents of this instrument
15. Item 1 inserts the name of the Order.
16. Item 2 inserts a note explaining where the current text of Chapter II-1 of SOLAS can be found including in the 3 recent IMO Resolution amendments.
17. Item 3 substitutes a new definitions section due to the introduction of Marine Order 1 (Administration). It also updates the definition of IS Code to reflect the latest IMO resolution amendment and includes a new definition of IMCA.
18. Item 4 omits provision 3.4 because it is unnecessary due to the Acts Interpretation Act 1901.
19. Item 5 substitutes new provisions 5 and 6 to adopt the application and review process in Marine Order 1 (Administration) for exemptions and equivalents. New provision 5.3 specifies the Manager, Ship Inspection and Registration as the decision-maker for an application made under the Order in accordance with the MO1 application process.
20. Item 6 is an amendment of a minor or technical nature.
21. Item 7 inserts a new note after provision 7.3.1 to explain where IMO approved guidance for offshore supply vessels with dynamic positioning systems can be found. Compliance with these guidelines are not mandatory.
22. Item 8 moves a note to appear under the provision to which it relates.
23. Item 9 substitutes provision 9.2. It does not change the substance of the provision and previous note 2 becomes the note under the provision. It also updates the title of the Manager, Ship Inspection.
24. Item 10 omits an unnecessary provision in Appendix 1 about the construction of watertight doors.
25. Item 11 substitutes a reference to a provision in Chapter II-1 of SOLAS with a reference to a more specific provision to assist the reader.
26. Item 12 removes requirements that are also in SOLAS. SOLAS ships are already obliged to comply with these requirements — see provision 7.1.1.
27. Items 13 and 14 substitutes certain terms used in the Appendix with SOLAS terms for consistency with SOLAS.
28. Item 15 clarifies the current provision by including a reference to Regulation 46 paragraph 3 of Chapter II-1 of SOLAS. It also updates terminology to use SOLAS terminology ‘periodically unattended’ and ‘machinery space’.
29. Item 16 updates references to the Manager, Ship Inspection to that decision-maker’s current title ‘Manager, Ship Inspection and Registration’.
30. Item 17 updates references to the Appendix to refer to it as a Schedule consistent with current Commonwealth drafting style.
Making the instrument
31. This Order 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.