Marine Orders - Part 15: Construction - Fire protection, fire detection and fire extinction, Issue 4 (Amendment) (Order No. 6 of 2004)

Overview

The Marine Orders Part 15, Issue 4, Amendment Order 2004 was enacted to give effect to the International Convention for the Safety of Life at Sea (SOLAS) 1974, Chapter II-2 amendments in relation to the prevention, detection, and extinction of fire on ships. This amendment was made under the authority of the Navigation Act 1912, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act, and Section 425(1AA) which allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV of the Act. The objective of this amendment is to align Australian maritime safety standards with the International Maritime Organization’s (IMO) updated fire safety requirements, ensuring that Australian ships meet international safety standards. The draft text of the amendment was circulated to relevant stakeholders for consultation, and valid comments were taken into account before finalisation.

Scope and Application

The Marine Orders Part 15, Issue 4, Amendment, applies to all ships, both SOLAS and non-SOLAS, that operate within the waters governed by Australian jurisdiction, thereby encompassing a broad range of vessels including commercial and private maritime vessels. This legislation is designed to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) 1974, Chapter II-2, as amended, by implementing measures for the prevention, detection, and extinction of fire on ships. The authority to enact these orders is derived from Section 425(1AA) of the Navigation Act 1912, with the Australian Maritime Safety Authority (AMSA) being the regulatory body responsible for the implementation and enforcement of these marine orders. The scope of these regulations is comprehensive, as they apply universally to any ship navigating Australian waters, thus ensuring uniform safety standards across the maritime industry. There are no specific exclusions or exemptions mentioned within the text, indicating that the provisions are broadly applicable with the intention of maintaining high safety standards universally.

Key Provisions

The main operative sections of the Marine Orders Part 15, Issue 4, Amendment Order No 6 of 2004 (the "Order") are provisions 1 to 4, which outline the purpose and scope of the Order, definitions, and certain requirements for portable fire extinguishers. Provision 1 (10) states that the Order is made to give effect to amendments to the International Convention for the Safety of Life at Sea (SOLAS) 1974 Chapter II-2, which govern the prevention, detection, and extinction of fire on ships. Provision 2 (11) provides definitions for terms used in the Order, while Provision 3 to Appendix 1 (12) and Appendix 3 (13) remain unchanged. Appendix 2 (12) has been amended to clarify the servicing periods for portable fire extinguishers. The Order imposes obligations on ship owners, operators, and masters to comply with the requirements for fire protection, detection, and extinction systems on board their vessels. Ship owners and operators must ensure that their vessels meet the standards set out in the Order, including the installation and maintenance of appropriate fire detection and extinguishing systems, as well as the provision of portable fire extinguishers. Masters of vessels must ensure that their crew are trained in the use of fire-fighting equipment and that all fire-fighting equipment is readily accessible and in good working order. Failure to comply with the requirements of the Order may result in civil or criminal penalties. Under section 274 of the Navigation Act, a person who contravenes a provision of the Order is guilty of an offence and may be liable to a fine of up to $22,200 for an individual and $111,000 for a body corporate. In addition, under section 275 of the Act, a person who is responsible for a ship that does not comply with the Order may be liable to a fine of up to $22,200 for an individual and $111,000 for a body corporate. The maximum penalties may be increased where the contravention is deliberate or reckless. In summary, the Marine Orders Part 15, Issue 4, Amendment Order No 6 of 2004 sets out requirements for fire protection, detection, and extinction systems on ships, and imposes obligations on ship owners, operators, and masters to comply with these requirements. Failure to comply with the Order may result in civil or criminal penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate.