EXPLANATORY NOTES

Marine Orders Part 17

(Liquefied gas carriers and chemical tankers)

Issue 5

Order No 5 of 2002

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 17, Issue 5, was made pursuant to subsection 425(1AA).

Gazette

 4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 26 June 2002.

Purpose

 5. Marine Orders Part 17:

• gives effect to Parts B and C of Chapter VII of the International Convention for the Safety of Life at Sea (SOLAS) and amendments in relation to the construction and equipment of ships carrying dangerous liquid chemicals and liquefied gases in bulk.

 6. Marine Orders Part 17, Issue 5:

•   repeals Marine Orders Part 17, Issue 4;
•   gives effect to the relevant International Maritime Organization (IMO) Codes amendments effective 1 July 2002.

Consultation

 7. In view of the administrative nature of this amendment, consultation with industry was deemed unnecessary.

Overview

 8. IMO has established five Codes relating to the construction and equipment of liquefied gas carriers and chemical tankers, with a view to increasing their safety and reducing the likelihood of injury to crew members or other persons, or pollution of the oceans, in the event of damage or accident.  The Codes are updated from time to time.

 9. Marine Orders Part 17 prescribes matters relating to these Codes for the purposes of Part IV of the Navigation Act, and in particular, provides that the provisions of the Codes have the force of law as part of the law of the Commonwealth.

10. The Maritime Safety Committee of IMO at its 73rd session adopted a number of resolutions, which include:

• Resolution MSC.102(73) – Adoption of amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code);
• Resolution MSC.103(73) – Adoption of amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code);
• Resolution MSC.106(73) – Adoption of amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code);
• Resolution MSC.107(73) – Adoption and amendments to the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (GC Code).

11. Amendments to the IBC Code and the BCH Code relate to cargo hose requirements, protection of personnel, carriage of carbon disulphide and operational requirements. The amendments shall enter into force internationally on 1 July 2002 under tacit acceptance.

12. Amendments to the IGC Code relate to ship arrangements, cargo containment, emergency shut down, ship’s cargo hoses, tank vent systems, environmental control, fire protection and fire extinction, personnel protection and operational requirements; and amendments to the GC Code relate to ship's cargo hoses, personnel protection and operating requirements. The amendments shall enter into force internationally on 1 July 2002.

13. The opportunity has been taken to update the definitions provision and reformat some provisions using current drafting standards.

Contents of the Order

14. Provision 1 indicates the purpose for which this Order has been made.

15. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order.

16. Provision 4 specifies the ships to which this Part applies.

17. Provision 5 provides for the exemption of a ship from compliance with a provision of this Part and provides for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part. This provision does not provide for an exemption or equivalent that would contravene SOLAS or a Code.

18. Provision 6 provides for an internal review by the General Manager of a decision made by the Chief Marine Surveyor under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.

19. Provision 7 specifies the Codes that have force of law as part of the Commonwealth.

20. Provision 8 specifies conditions for the issue and duration of a certificate of fitness referred to in a Code applied by this Part.

21. Provision 9 provides for a surveyor to issue a direction to prevent the loading or unloading of cargo in unsafe conditions. Provision 9.1.2. specifies that loading or unloading cannot resume until a surveyor has withdrawn the direction. Provision 9.1.3 is a penal provision that specifies a person must not contravene 9.1.2. Provision 9.2. provides for a review by the Chief Marine Surveyor of a decision made under 9.1.1. or 9.1.2.

22. Provision 10.1 and 10.2 provides that a cargo referred to in a Code that is applied by this Part, must not be loaded or unloaded from an Australian or non-Australian ship, unless there is in force a certificate of fitness in accordance with the applicable Code. Provision 10.3 is a penal provision that specifies a person must not contravene Provisions 10.1. or 10.2.

Australian Maritime Safety Authority

June 2002