Marine Orders - Part 16: Load Lines, Issue 3 Amendment (Order No. 7 of 2010)

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EXPLANATORY NOTES

Marine Orders, Part 16

(Load Lines)

Issue 3 Amendment

Order No. 7 of 2010

 

Purpose

 

  1. 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’).
  2. 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

Overview

The Marine Orders, Part 16 (Load Lines) Issue 3 Amendment Order No. 7 of 2010 was enacted to give effect to the International Convention on Load Lines, 1966, as amended by the Protocol of 1988. This amendment was necessitated by the need to incorporate recent International Maritime Organization (IMO) resolutions and circulars, ensuring that Australian maritime regulations align with international standards and practices. The Australian Maritime Safety Authority (AMSA), empowered by subsection 425(1AA) of the Navigation Act 1912, made this amendment to update the Marine Orders to reflect changes in the Load Line Convention, including new survey guidelines and unified interpretations. This legislative action underscores the policy objective of maintaining high safety and regulatory standards in Australian maritime operations, in line with global maritime safety protocols.

Scope and Application

The Marine Orders Part 16 (Load Lines) Amendment Order No. 7 of 2010 applies to ships that are subject to the International Convention on Load Lines, 1966, as amended by the Protocol of 1988, and specifically those constructed on or after 1 July 2010. It mandates compliance with updated International Maritime Organization (IMO) resolutions and circulars, including MSC.270(85), A.997(25), A.1020(26), and LL.3/Circ.162, thereby ensuring that the Australian regulations remain in line with international standards. The order is designed to implement these international amendments within Australia and applies to the entire nation, falling under the jurisdiction of the Australian Maritime Safety Authority (AMSA). The order makes no specific exclusions but relies on existing provisions of the Navigation Act 1912 for its application. The amendments are effective from 1 July 2010, and the order provides detailed updates to provisions, including changes to definitions, the title of the Chief Marine Surveyor, and the requirements for exemption applications and surveys, ensuring clarity and consistency in maritime safety practices.

Key Provisions

The Marine Orders Part 16, Issue 3 Amendment Order No. 7 of 2010, primarily focuses on updating and clarifying the rules and regulations concerning load lines on ships, as set forth in the International Convention on Load Lines, 1966, and its Protocol of 1988. This amendment specifically addresses provisions 9, 10, and 17.1 of the current Marine Orders Part 16, Issue 3, and it incorporates amendments from IMO resolutions and circulars to ensure alignment with international standards. For instance, provision 2 has been updated to reflect the requirements introduced by MSC.270(85), which pertains to the 2008 Intact Stability Code for ships constructed after 1 July 2010. Additionally, the title of the Chief Marine Surveyor has been changed to Manager, Ships Inspections in provision 6.1.3, and the relevant IMO Resolution numbers have been revised in provisions 9 and 17.1 to reflect the latest international guidelines. The amendments impose specific obligations on ship owners, operators, and surveyors to ensure compliance with the updated regulations. Ship owners and operators must ensure that their vessels adhere to the new load line requirements, especially for those constructed post-1 July 2010, which must comply with the 2008 Intact Stability Code. Surveyors, now referred to as Managers, Ships Inspections, are required to conduct thorough inspections and certify compliance with the amended provisions. Furthermore, any applications for exemptions under section 221 of the Navigation Act 1912 must now be accompanied by information as specified in the Annex to IMO Resolution A.1020(26), replacing the previously required information from A.948(23). Failure to comply with the amended Marine Orders Part 16 can result in significant penalties and legal consequences. Under the Navigation Act 1912, breaches of the load line regulations can lead to criminal charges, with potential maximum penalties depending on the severity of the offence. For instance, an officer in charge of a ship who fails to comply with the load line requirements can be subject to fines and imprisonment. Additionally, the Australian Maritime Safety Authority (AMSA) has the power to impose administrative penalties for non-compliance, which can include substantial fines. These measures underscore the importance of adhering to the updated regulations to ensure maritime safety and compliance with international standards.

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