Marine Orders - Part 12: Construction - Subdivision & stability, machinery and electrical installations, Issue 2 (Amendment) (Order No. 7 of 2006)

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EXPLANATORY NOTES

Marine Orders Part 12

(ConstructionSubdivision & stability, machinery
and electrical installations)

Issue 2 - Amendment

Order No 7 of 2006

 

Purpose

 

 1. 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 structure, subdivision, stability, machinery and electrical installations for both a SOLAS ship and a non-SOLAS ship, for the purposes of the Navigation Act; and
  • gives effect to the International Maritime Organization (IMO) guidelines with respect to the design and construction of off-shore supply vessels.

 

 2. Marine Orders Part 12, Issue 2 – Amendment, Order No. 7 of 2006, amends Marine Orders Part 12, Issue 2 and gives effect to amendments to SOLAS Chapter II-1 adopted by Resolutions MSC.151(78), MSC.170(79), and MSC.194(80).

 

Power

 

 3. Paragraph 190B(1)(a) of the Navigation Act 1912 (Navigation Act) provides for the Australian Maritime Safety Authority (AMSA) to specify requirements for the construction, hull, equipment and machinery of ships.

 

 4. Section 191 of the Navigation Act provides for AMSA to give effect to the International Convention for the Safety of Life at Sea (SOLAS).

 

 5. Section 192B of the Navigation Act provides for AMSA to require a ship to carry information with respect to the stability of the ship.

 

 6. Subsection 425(1) of the Navigation Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.

 7. Subsection 425(1AA) of the Navigation Act provides for AMSA to make Orders with respect to any matters in the Act for or in relation to which provision may be made by regulations.

 8. Marine Orders, Part 12, Issue 2 - Amendment, was made pursuant to subsection 425(1AA) of the Navigation Act.

 


Consultation

 

 9. A copy of the draft text of this issue was circulated to approved survey authorities, Shipping Australia Limited, Australian Shipowners Association, and the National Maritime Safety Committee for comments. The draft text was also placed on the AMSA website for public comment.

 

Overview

 

10. The Maritime Safety Committee (MSC) of IMO recently adopted the following amendments to SOLAS Chapter II-1:

  • Amendments adopted by MSC.151(78) are in relation to means of access in cargo area of oil tankers and bulk carriers. The amendments entered into force on 1 January 2006;
  • Amendments adopted by MSC.170(79) are in relation to testing of water tight doors and will enter into force on 1 July 2006; 
  • Amendments adopted by MSC.194(80) include addition of (a) a new regulation 3-7, which requires as built construction drawings to be maintained on board and ashore, and (b) a new regulation 23-3, in relation to fitting of water level detectors on single hold cargo ships other than bulk carriers. The amendments shall enter into force on 1 January 2007. Annex 1 enters into force 1 January 2007 – annex 2 enters in to force 1 January 2006.

 

Amendment of principal provisions

 

11. Provision 2.1 of this Issue amends the principal Order by inserting 1.2.1A into Provision 1.2 (Power).

 

12. Provision 2.2 of this Issue amends the principal Order by omitting the definition of Chief Marine Surveyor from Provision 2 (Definitions of words…).

 

13. Provision 2.3 of this Issue amends the principal Order by inserting the definition of Manager, Ship Inspections in Provision 2. (Definitions of words …).

 

14. Provision 2.4 of this Issue amends the principal Order by omitting Provision 6.1.1 and substituting a new Provision 6.1.1. The provision (Internal Review) has been amended to include the time-frame for lodging an application for an internal review.

 

15. Provision 2.5 of this Issue amends the principal Order by inserting Provision 6.1.4. This provision has been added to specify the time-frame for providing an applicant with an internal review decision.

 

16. Provision 2.6 of this Issue amends the principal Order by omitting Provision 6.2.2 and substituting a new Provision 6.2.2. The new provision lists the required statements that must be provided with an internal review decision notice.


Amendment of appendices

 

17. Provision 3.1 of this Issue amends the principal Order by omitting Provision 8.1 of Appendix 2 and substituting a new Provision 8.1. The new provision (Required Layout) refers to the correct table for recording types of information that is required to be carried in a ship’s stability book.

 

18. Provision 3.2 of this Issue amends the principal Order by omitting Provisions 5.2 and 5.3 from Appendix 4. The provisions have been omitted to provide consistency with SOLAS.

 

19. Provision 3.3 of this Issue amends the principal Order by omitting Provision 7.1.1 of Appendix 4 and substituting a new Provision 7.1.1. The new provision includes requirements for oil mist detectors.

 

20. Provision 3.4 of this Issue amends the principal Order by omitting Provision 7.2 (Fire precautions) from Appendix 4.  Provision 7.2.1 has been removed as the provision unnecessarily repeats the text of SOLAS Regulation II-1/47.2. Provision 7.2.2. has been removed as Marine Orders Part 15 gives effect to these requirements.

 

21. Provision 3.5 of this Issue amends the principal Order by omitting Provision 7.3 of Appendix 4 and substituting a new Provision 7.3. The new provision (Alarm systems):

  • specifies alarm system requirements for both manned and unmanned engine rooms and for alarm systems to comply with SOLAS and survey authority requirements; and
  • specifies a shutdown system for machinery to be in accordance with survey authority requirement.

22. Provision 3.6 of this Issue amends the principal Order by omitting Provision 7.4 of Appendix 4. The provision has been removed as the requirements of this provision are specified by SOLAS Regulation II-1/3-1 and the new provision 7.3 above.

Other amendments

23. Provision 4 provides footnotes that have been added, deleted or amended as required for the Part.

 

24. Provision 5 provides general amendments that apply to the Part.

 

Documents included by reference

 

25. The International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended.

 

The above publication may be purchased from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone + 44 (0)20 7735 7611 – facsimile +44 (0)20 7587 3210. – IMO web site: http://www.imo.org,

and Boat Books:

- 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;

- 214 St Kilda Road, St Kilda, Vic 3182 - telephone (03) 9525 3444;

- 109 Albert Street, Brisbane, QLD, 4000 -telephone (07) 3229 6427;

- Web address: http://www.boatbooks-aust.com.au/ .

 

 

 

 

 

Australian Maritime Safety Authority

June 2006

 

Overview

The Marine Orders Part 12, Issue 2 – Amendment, Order No. 7 of 2006, enacted in 2006, serves to update the requirements for the structure, subdivision, stability, machinery, and electrical installations for both SOLAS and non-SOLAS ships as stipulated by the Navigation Act 1912. This legislative amendment was introduced to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) Chapter II-1, as well as the International Maritime Organization (IMO) guidelines regarding the design and construction of offshore supply vessels. The Australian Maritime Safety Authority (AMSA), acting under the authority granted by the Navigation Act, was responsible for enacting this amendment to incorporate recent changes to SOLAS Chapter II-1 adopted by the IMO's Maritime Safety Committee. The overarching policy objective is to enhance maritime safety by aligning Australian regulations with international maritime safety standards. Public and stakeholder consultation was undertaken during the drafting process to gather feedback and ensure comprehensive implementation of the updated safety requirements.

Scope and Application

The Marine Orders Part 12, as amended by the 2006 Amendment Order No. 7, applies to both SOLAS and non-SOLAS ships within Australian territorial waters and to Australian-flagged vessels operating internationally. This legislation specifies requirements for the construction, subdivision, stability, machinery, and electrical installations of ships to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) and International Maritime Organization (IMO) guidelines. The Australian Maritime Safety Authority (AMSA) is authorised to enforce these requirements under the Navigation Act 1912. The scope of the Act is extended through subordinate instruments to include amendments to SOLAS Chapter II-1 adopted by the IMO, such as those addressing means of access in cargo areas of oil tankers and bulk carriers, testing of watertight doors, and the maintenance of construction drawings and installation of water level detectors. While the primary focus is on safety and compliance, the legislation does not explicitly mention exclusions or exemptions, implying that it applies broadly to the specified ship types and circumstances. The authority to make further regulations under the Navigation Act allows for the Act's application to be adapted as necessary in response to changing maritime standards and practices.

Key Provisions

The primary operative sections of the Marine Orders Part 12, Issue 2 - Amendment, Order No 7 of 2006, primarily focus on the amendments and additions to the requirements for the construction, subdivision, stability, machinery, and electrical installations for ships, both SOLAS and non-SOLAS vessels, and offshore supply vessels. Section 190B(1)(a) of the Navigation Act 1912 empowers the Australian Maritime Safety Authority (AMSA) to specify these requirements, while section 191 mandates AMSA to implement the International Convention for the Safety of Life at Sea (SOLAS). The orders were made under the authority provided by section 425(1AA) of the Navigation Act, which allows AMSA to make orders concerning the matters within the Act. The Marine Orders impose various obligations on ship owners and operators, including the maintenance of as-built construction drawings both on board and ashore, as mandated by the new regulation 3-7. Additionally, they must ensure that single-hold cargo ships, excluding bulk carriers, are equipped with water level detectors as per the new regulation 23-3. Furthermore, the machinery and electrical installations must comply with the new provisions regarding alarm systems and shutdown systems, as outlined in the updated Appendix 4. These requirements are designed to enhance the safety and stability of the vessels. Breach of any provisions within the Marine Orders may lead to civil or criminal consequences. The specific penalties are not detailed within the text, but non-compliance with safety regulations under the Navigation Act can result in substantial fines and potential imprisonment. For instance, failing to maintain proper construction drawings or neglecting to install required safety equipment could result in significant penalties, reflecting the serious nature of maritime safety laws. The precise penalties would depend on the severity of the breach and the discretion of the court.

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