Marine Orders - Part 12: Construction - Subdivision and stability, machinery and electrical installation, Issue 3 Amendment (Order No. 8 of 2010)

EXPLANATORY NOTES

Marine Orders Part 12

Construction – Subdivision and stability, machinery and electrical installations

Issue 3 (Amendment)

Order No. 8 of 2010

Authority

1. Part IV of the Navigation Act 1912 (the Act) deals with ships and shipping. Sections 190B, 191 and 192B of the Act are found in Part IV. Paragraph 190B (1) (a) of the Act provides that regulations may specify requirements for the construction, hull, equipment and machinery of ships. Subsection 191(1) provides that the regulations may make provision for or in relation to giving effect to the Safety Convention which is the International Convention for the Safety of Life at Sea, 1974 (SOLAS). Section 192B of the Act provides that the regulations may provide for or in relation to the carrying on a ship of information in respect of the ship’s stability and may also specify tests or other data in relation to the stability of the ship.
2. Part VB of the Act provides for off-shore industry vessels and off-shore industry mobile units Section 283D of the Act is found in Part VB of the Act. Subsection 283D (1) of the Act provides that the regulations may provide for or in relation to off-shore industry vessels.
3. Subsection 425(1) of the Act provides that the Governor-General may make regulations necessary or convenient for carrying out or giving effect to the Act. Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders with respect to matters in Part IV of the Act in relation to which provision may be made by regulations.
4. Order No. 8 of 2010 (the Order) was made pursuant to section 425(1AA).

Purpose

5.             Marine Orders Part 12, Construction — Subdivision and stability, machinery and electrical installations:

• gives effect to Chapter II-1 of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’);
• specifies requirements for the structure, subdivision, stability, machinery and electrical installations for SOLAS and non-SOLAS ships; and
• gives effect to the International Maritime Organization (‘IMO’) guidelines with respect to the design and construction of off-shore supply vessels.

6.             The Order gives effect to the amendments made to SOLAS by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). IMO resolution MSC.282(86) adopted amendments to SOLAS which will enter into force on 1 January 2011.

7.             The amendments in the Order implement the amendments made by the IMO and also update provisions that deal with internal review of administrative decisions.

Overview

8.             The Order gives effect to amendments to an international convention (SOLAS) to which Australia is a signatory. The impact of the Order is therefore minor or machinery in nature. Based on the information available, no further analysis in the form of a Regulation Impact Statement is required (OBPR Reference number 11891).

9.             The Order gives effect to amendments to SOLAS which include:

• the removal of exemptions to the ban on asbestos which would prohibit the installation of materials which contain asbestos in all ships from 1 January 2011;
• the extension of the provisions for bilge pumping arrangements to passenger ships and cargo ships (from 1 January 2011).

1. The entity currently responsible for internal review of decisions made by the Manager, Ship Inspections is the Deputy Chief Executive Officer Maritime Operations. The amendment will transfer this responsibility to the General Manager, Maritime Operations Division.
2. The Order updates some notes to provisions.  

Consultation

12.         In addition to providing a copy of the draft of the Order on AMSA’s website, a copy of the draft of the Order was provided to a range of stakeholders for comment, including the following organisations:

• American Bureau of Shipping (ABS);
• AUSTAL
• Australian Institute of Marine and Power Engineers (AIMPE);
• Australian Maritime Officers Union (AMOU)
• Australian National Line
• Australian Shipbuilders Association;
• Australian Shipowners Association (ASA);
• Bureau Veritas (BV);
• China Classification Society (CCS);
• Class NK (NKK);
• Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG);
• Det Norske Veritas (DNV);
• Germanischer Lloyd (GL);
• Korean Register (KR)
• Lloyd’s Register (LR);
• National Marine Safety Committee (NMSC)
• Registro Italiano Navale (RINA)
• TAFE NSW
• WA Fishing Industry Council (WAFIC)

Documents incorporated by reference in the Order

• International Code on Intact Stability;
• Code for the Construction and Equipment of Mobile Offshore Drilling Units;
• International Code of Safety for High-Speed Craft;
• International Convention for the Safety of Life at Sea 1974; and
• Uniform Shipping Laws Code (USL Code).*

*Can be obtained from the NMSC website at: http://www.nmsc.gov.au

Other than the USL Code, the above publications may be purchased from:

 International Maritime Organization (IMO)

 4 Albert Embankment, London SE1 7SR

 Phone +44-20 7735 7611

 Fax +44 – 20 7587 3210

 http://www.imo.org

A list of distributors who maintain permanent stock of all IMO publications can be found on the IMO website. Information on obtaining copies of IMO documents referred to in this Order is also available from AMSA’s website: www.amsa.gov.au or via email: international.relations@amsa.gov.au

Commencement

13.         The amendments in the Order commence on 1 January 2011.

Provision 2, definition of Deputy Chief Executive Officer Maritime Operations Division and new definition of General Manager

14.         Item [1] omits the definition of Deputy Chief Executive Officer Maritime Operations because the term is no longer used in the Part. Item [2] inserts a definition of General Manager because this entity will exercise functions under this Part.

Note to Provision 2, definition of SOLAS

15.         Item [3] amends the note to refer to the most recent version of SOLAS.

Wherever occurring throughout the Part

16.         Item [4] replaces Deputy Chief Executive Officer Maritime Operations with General Manager throughout the Part. This reflects the transfer of responsibility mentioned in paragraphs 10 and 14.

Australian Maritime Safety Authority

7 December 2010