Marine Orders - Part 17: Liquefied gas carriers and chemical tankers, Issue 5 (Order No. 5 of 2002)

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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

Overview

The Marine Orders Part 17, Issue 5, enacted in 2002, provides regulations in relation to the construction and equipment of ships carrying dangerous liquid chemicals and liquefied gases in bulk. These orders were introduced to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) and amendments by the International Maritime Organization (IMO) effective 1 July 2002. The Australian Maritime Safety Authority (AMSA) made these orders under the authority granted by the Navigation Act 1912. The policy objective of these orders is to enhance the safety of liquefied gas carriers and chemical tankers, thereby reducing the likelihood of injuries, loss of life, and environmental damage in the event of accidents or damage to these vessels. These orders reflect the latest IMO Codes and amendments, ensuring that Australian maritime practices align with international safety standards.

Scope and Application

Marine Orders Part 17, Issue 5, applies to all ships carrying dangerous liquid chemicals and liquefied gases in bulk within the Commonwealth of Australia. These Orders give effect to Parts B and C of Chapter VII of the International Convention for the Safety of Life at Sea (SOLAS) and amendments concerning the construction and equipment of liquefied gas carriers and chemical tankers. The application of these Orders extends to any Australian ship as well as any non-Australian ship entering Australian waters, thereby ensuring that vessels trading in Australian waters meet the required safety standards. The Orders provide that the provisions of the relevant International Maritime Organization (IMO) Codes have the force of law, thereby incorporating international safety standards into Australian maritime law. Provisions within the Orders allow for exemptions from certain requirements if an equivalent fitting, material, appliance or apparatus is at least as effective, provided that such exemptions do not contravene SOLAS or the applicable Codes. The Orders also provide mechanisms for internal review of decisions made by the Chief Marine Surveyor and allow for review by the Administrative Appeals Tribunal for specified decisions. Any amendments to the IMO Codes are implemented through these Marine Orders, ensuring that Australian maritime safety regulations remain aligned with international standards.

Key Provisions

The main operative sections of Marine Orders Part 17, Issue 5, are provisions 4 through 10. Provision 4 specifies the ships to which this Part applies, ensuring that liquefied gas carriers and chemical tankers are covered under these regulations. Provision 5 outlines the circumstances under which a ship may be exempted from compliance with a provision of this Part, but stipulates that such exemptions must not contravene the Safety of Life at Sea (SOLAS) Convention or any applicable International Maritime Organization (IMO) Codes. Provision 6 allows for an internal review by the General Manager of a decision made by the Chief Marine Surveyor, as well as a review by the Administrative Appeals Tribunal for specified decisions, and mandates that a decision-maker provide a statement of reasons upon request. Provision 7 confirms that the specified IMO Codes have the force of law as part of the Commonwealth's law. Provision 8 specifies the conditions for the issue and duration of a certificate of fitness referred to in a Code applied by this Part. Provisions 9 and 10 detail the requirements for preventing the loading or unloading of cargo under unsafe conditions and mandate that a certificate of fitness must be in force for such activities. These provisions impose several obligations and requirements on the parties or entities they govern. Shipowners, operators, and other relevant parties must ensure that their ships comply with the specified IMO Codes, which address aspects such as ship arrangements, cargo containment, emergency shut down, personnel protection, and operational requirements. These entities are also responsible for obtaining and maintaining certificates of fitness as required by the applicable Codes. Surveyors, in their role, must issue directions to prevent unsafe loading or unloading of cargo and ensure compliance with the provisions of the Order. The Australian Maritime Safety Authority (AMSA) is tasked with overseeing the implementation and enforcement of these regulations. Breach of the provisions outlined in the Order may result in various offences, penalties, or civil/criminal consequences. For instance, Provision 9.1.3 specifies that a person must not contravene the direction issued by a surveyor to prevent unsafe loading or unloading of cargo. Similarly, Provision 10.3 mandates that a person must not contravene the requirements to load or unload cargo only when there is a certificate of fitness in force. While the specific penalties are not detailed in the explanatory notes, breaches of maritime safety regulations generally attract fines and potential imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties are typically prescribed by the Navigation Act 1912, which empowers the Governor-General to make regulations and the AMSA to make orders necessary for carrying out or giving effect to the Act.

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