EXPLANATORY NOTES
Marine Orders Part 12
(ConstructionSubdivision & stability, machinery
and electrical installations)
Issue 2 - Amendment
Order No 15 of 2001
Authority
1. Section 425(1) of the Navigation Act 1912 (Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Parts IV and VB of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 12, Issue 2 - Amendment, was made pursuant to subsection 425(1AA) of the Navigation Act.
Gazette
4. Arrangements have been made for this issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices,
Wednesday 9 January 2001.
Purpose
5. Marine Orders Part 12:
- gives effect to the International Convention for the Safety of Life at Sea (SOLAS), Chapter II-1, for purposes of the Navigation Act;
- specifies requirements for the construction of a ship for the purposes of the Navigation Act.
- gives effect to the International Maritime Organization resolutions with respect to off-shore industry vessels.
6. Marine Orders Part 12, Issue 2 - Amendment:
- repeals Marine Orders Part 46;
- amends Marine Orders Part 12, Issue 2;
Consultation
7. The draft text of this issue was circulated to the relevant industry and was placed on the AMSA web site for public comment. This issue takes account of all valid comments made by the industry.
Overview
8. Marine Orders Part 12, Issue 2 - Amendment, amends Issue 2, repeals Marine Orders Part 46 and includes requirements for offshore supply vessels. This issue also gives effect to Chapter
11-1 of SOLAS as set out in SOLAS Consolidated Edition 2001. This includes amendments (SOLAS Amendments 2000) effective July 2002.
9. The opportunity has been taken to place the penal provision clause at Provision 8.1.
Contents of the Order
10. Provision 1 specifies the purposes for which this part was made and has been amended to provide for requirements in respect of off-shore supply vessels.
11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order. Definitions have been updated to include the meanings of General Manager, Navigation Act, offshore supply vessel, penal provision, the Guidelines, survey authority and surveyor.
12. Provision 4 (formerly Provision 3) has not been amended.
13. Provision 5 (formerly Provision 4) provides for the making of exemptions, and the allowing of equivalents, in circumstances where this appears to be reasonable. This provision has been amended to provide that an exemption or equivalent given by the Chief Marine Surveyor must not contravene SOLAS.
14. Provision 6 (formerly Provision 5) has been amended to provide for an internal review by the General Manager of a decision made by the Chief Marine Surveyor under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.
15. Provision 7 prescribes requirements of SOLAS ships in relation to Chapter II-1 and a non-SOLAS ship in relation to the USL Code. This provision has been amended to also prescribe requirements for Offshore Supply Vessels in relation to the Guidelines for the Design and Construction of Offshore Supply Vessels, published by IMO as Resolution A.469(XII).
16. Provision 8, which is a penal provision, requires a ship to carry information relating to the ship’s intact stability characteristics at all times. This provision has been amended to provide that a recognised survey authority is authorised to approve intact stability information.
17. Provision 9 has not been amended.
18. Appendix 1 provides amendments to Chapter II-1 of SOLAS. This appendix has been revised to provide amendments (SOLAS Amendments 2000) effective from 1 July 2002.
19. Appendix 2 has not been amended.
20. Appendix 3 specifies the requirements for carrying out inclining experiments and lightship measurements and for the reporting of results for ships that require their stability data to be approved by the Chief Marine Surveyor. This provision has been amended by the inclusion of a calendar date missing from 2.5. (Standard abbreviations and symbols).
21. Appendix 4 has not been amended.
22. Appendix 5 has been amended to provide an updated list of Resolutions and Circulars referred to in Chapter II-1 of SOLAS.
Australian Maritime Safety Authority
January 2002