Overview

The Marine Orders Part 12, Issue 2 - Amendment, enacted in 2001, serves to address and provide updated regulations for the construction, subdivision and stability, machinery, and electrical installations of ships in alignment with the International Convention for the Safety of Life at Sea (SOLAS) and the International Maritime Organization's resolutions, particularly those concerning offshore industry vessels. This amendment was issued by the Australian Maritime Safety Authority (AMSA) under the authority granted by Section 425(1AA) of the Navigation Act 1912. The policy objective behind these amendments is to ensure that the maritime industry adheres to international safety standards, thereby enhancing the safety of life at sea and protecting the marine environment. This legislative action was taken to streamline and update the regulatory framework, ensuring it reflects the latest international standards and industry practices.

Scope and Application

Marine Orders Part 12, as amended by Issue 2, applies to the construction, subdivision, stability, machinery, and electrical installations of ships within the jurisdiction of the Australian Maritime Safety Authority (AMSA), in accordance with the Navigation Act 1912. This Act, and the subsequent orders and amendments, seek to harmonise Australian maritime regulations with international standards, particularly the International Convention for the Safety of Life at Sea (SOLAS) and relevant International Maritime Organization (IMO) resolutions. The orders apply to both SOLAS and non-SOLAS ships, with specific amendments catering to offshore supply vessels. AMSA, as the authority empowered under the Navigation Act, has the responsibility to enforce these regulations, ensuring compliance across the Commonwealth. The orders also allow for exemptions and equivalents under certain conditions, provided they do not contravene SOLAS, and include provisions for review processes and penal actions where necessary. The amendments and updates to these orders reflect the dynamic nature of maritime safety standards and the continuous effort to align them with global best practices.

Key Provisions

Marine Orders Part 12, which includes the Construction, Subdivision & Stability, Machinery, and Electrical Installations provisions, is an integral part of the Navigation Act 1912. These orders (Part 12, Issue 2 - Amendment Order No 15 of 2001) were issued by the Australian Maritime Safety Authority (AMSA) under the authority granted by Section 425(1AA) of the Navigation Act. They aim to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) Chapter II-1 and other relevant International Maritime Organization (IMO) resolutions, particularly focusing on the construction and operational safety of ships, including offshore supply vessels. The gazetted amendments have been made to reflect the latest standards and to repeal previous orders, consolidating the legal framework for maritime safety in Australia. The key provisions of Marine Orders Part 12 establish stringent requirements for the construction, subdivision, stability, machinery, and electrical installations on ships to ensure safety at sea. For example, Provision 1 outlines the purposes of the Order, which include safeguarding life at sea and preventing damage to the marine environment. Provision 2 and 3 provide definitions and interpretations necessary for understanding the requirements, including terms such as "offshore supply vessel" and "survey authority." Provision 5 allows for exemptions and equivalents under certain conditions, but these must not contravene SOLAS. Provision 7 prescribes specific requirements for both SOLAS and non-SOLAS ships, with additional stipulations for offshore supply vessels. Provision 8 mandates that ships carry information on their intact stability characteristics, which can be approved by a recognised survey authority. The obligations imposed by these orders are extensive, requiring ship owners, operators, and builders to ensure that their vessels meet the specified standards. This includes conducting necessary stability tests, maintaining required machinery and electrical installations, and ensuring that all documentation is up to date and accurate. Ship owners and operators must also ensure that any exemptions or equivalents granted are within the bounds of the law and do not compromise safety. Furthermore, they must comply with the requirements for carrying out inclining experiments and lightship measurements as outlined in Appendix 3. Failure to comply with these orders can result in significant legal consequences. Under Provision 8, ships that do not carry the required intact stability information or have it improperly approved face potential penalties. The exact penalties are not specified in the explanatory statement but would be determined by the applicable laws and regulations. Additionally, any exemptions or equivalents that contravene SOLAS may result in legal action, including fines and potential criminal charges. Non-compliance with the stability requirements or other provisions could also lead to vessel detention, operational restrictions, or other enforcement actions by AMSA. These measures are designed to enforce safety standards and ensure the highest levels of maritime safety in Australia.