EXPLANATORY NOTES
Marine Orders, Part 16
(Load Lines)
Issue 3 Amendment
Order No. 7 of 2010
Purpose
- Marine Orders Part 16 —Load Lines gives effect to the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 (‘the Load Line Convention’).
- Issue 3 of this Part has been amended by orders number 7 of 2010 to give effect to or make reference to the following IMO resolutions and circular:
- MSC.270(85) – Amendments to the Protocol of 1988 relating to the International Convention on Load Lines, 1966;
- A.997(25) - Survey guidelines under the harmonized system of survey and certification, 2007;
- A.1020(26) - Amendments to the survey guidelines under the Harmonized System of Survey and Certification, 2007; and
- LL.3/Circ.162 - Unified interpretations of the International Convention on Load Lines, 1966, and the 1988 LL Protocol and its amendments.
3. The amendments made by IMO resolution MSC.270 (85) enter into force on 1 July 2010.
Power
4. Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping. Subsection 220 (1) of the Act enables regulations to make provision for and in relation to giving effect to the Load Line Convention.
5. Subsection 425 (1) of the Act empowers the Governor-General to make regulations which are necessary or convenient for carrying out or giving effect to the Act.
6. Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (‘AMSA’) may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which provision may be made by the regulations.
7. Marine Orders Part 16, Issue 3 — Amendment is made pursuant to subsection 425 (1AA) of the Act.
Consultation
8. In addition to providing a copy of the draft Marine Orders Part 16, Issue 3, Amendment, on AMSA’s website, a copy was provided to the following organisations for comment:
- American Bureau of Shipping;
- Australian Maritime College;
- Australian Shipowners Association;
- Bureau Veritas;
- Challenger TAFE;
- China Classification Society;
- Department of Infrastructure, Transport, Regional Development and Local Government;
- Det Norske Veritas;
- Germanischer Lloyd;
- Korean Register
- Lloyd’s Register;
- National Marine Safety Committee
- Nippon Kaiji Kyokai;
- NSW TAFE
- Shipping Australia Limited.
Overview
9. Marine Orders Part 16, Issue 3, Amendment, gives effect to amendments to the Protocol of 1988 relating to the International Convention on Load Lines, 1966 (‘the Protocol’) by amending provisions 9, 10 and 17.1 of the current Marine Orders Part 16, Issue 3.
10. The amendments also update:
(a) notes to the definitions of the Load Line Convention and penal provision; and
(b) provision 6.1.3 to reflect a change in the title of the Chief Marine Surveyor.
Amendments commencing on 1 July 2010
Provision 2, note to the definition of penal provision
11. Item [1] amends the note to the definition of penal provision by omitting the rate of a penalty unit. This change will avoid the need to amend the Marine Orders when the rate of a penalty unit is changed.
Provision 2, note to the definition of the Load Line Convention
12. Item [2] amends the note to the definition of the Load Line Convention by inserting ‘and MSC.270(85)’ at the end of the note. MSC.270(85) introduces requirements for ships to which the Load Line Convention applies and which are constructed on or after 1 July 2010. These ships must comply with the requirements of Part A of the 2008 Intact Stability Code.
Provision 6.1.3, the position title Chief Marine Surveyor
13. Item [3] replaces Chief Marine Surveyor by the position title Manager, Ships Inspections.
Provision 9, Application for exemption
14. Item [4] updates the IMO Resolution numbers. Provision 9 includes requirements for ships for which a load line certificate has not been issued under this Part. For these ships, provision 9 currently requires that application for exercise of any AMSA’s powers of exemption under section 221 of the Navigation Act 1912 must be accompanied or supplemented by, the information specified in 4.1.3.1 of the Annex to IMO Resolution A.948(23). On 29 November 2007, IMO adopted Resolution A.997(25), which revoked resolution A.948(23). IMO Resolution A.997(25) has been revised by IMO Resolution A.1020(26). The information required by 4.1.3.1 remains unchanged.
Provision 10, Unified interpretation
15. Item [5] inserts a new IMO circular LL.3/Circ.162 in provision 10. This circular provides unified interpretation in relation to:
(a) length of superstructure (regulations 34(1) and 34(2)); and
(b) position of freeboard deck on float on/float off barge carriers (regulation 3(9)).
Provision 17.1, surveys
16. Item [6] updates the IMO Resolution number (see explanation for item [4]).
Australian Maritime Safety Authority
30 June 2010