EXPLANATORY NOTES
Marine Orders Part 15
(ConstructionFire protection, fire detection
and fire extinction)
Issue 4 - Amendment
Order No 6 of 2004
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 Part IV of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 15, Issue 4, Amendment, was made pursuant to subsection 425(1AA).
Gazettal
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 16 June 2004.
Purpose
5. Marine Orders Part 15 for the purposes of the Navigation Act, gives effect to the International Convention for the Safety of Life at Sea (SOLAS) 1974, Chapter II-2 of, as amended. Part 15 makes provision for the prevention, detection and extinction of fire on both a SOLAS and non-SOLAS ship.
6. Marine Orders Part 15, Issue 4, Amendment:
- amends Marine Orders Part 15, Issue 4;
- gives effect to Chapter II-2 SOLAS amendments for purposes of the Navigation Act.
Consultation
7. A copy of the draft text of this issue was circulated to relevant AMSA managers, survey authorities, Shipping Australia Limited, and Australian Shipowners Association for comments. The draft text was also placed on the AMSA web site for public comment. This issue takes account of all valid comments made.
Overview
8. The Maritime Safety Committee recently adopted IMO amendments to SOLAS Chapter II-2 (Resolution MSC.134(76)). These amendments will come into force internationally 1 July 2004. This issue of Part 15 gives effect to these amendments.
Contents of the Order
9. Provision 1 indicates the purpose of this Order, and the power to make this Order, pursuant to the Navigation Act. This provision has been amended to include the new text arrangement that indicates the Power to make the Order in addition to the Purpose of the Order.
10. Provision 2 provides definitions of words and phrases and has been amended to remove an unnecessary definition, namely Chapter II-2 of SOLAS.
11. Provision 3 to Appendix 1 has not been amended.
12. Appendix 2 specifies certain requirements for portable fire extinguishers. and has been amended to clarify servicing periods.
13. Appendix 3 has not been amended.
14. Appendix 4 has been deleted to remove any ambiguity with regard to the application (mandatory/recommendatory) of various IMO resolutions, circulars and other standards. Appendix 4 is unnecessary as the application of resolutions, circulars and other standards are already specified in SOLAS Chapter II-2.
15. In order to provide guidance in relation to specific requirements of this Order, footnotes have been added/deleted or amended as required.
Australian Maritime Safety Authority
June 2004