EXPLANATORY NOTES
Marine Orders Part 17
(Liquefied gas carriers and chemical tankers)
Issue 6 — Amendment
Order No 3 of 2008
Purpose
- Marine Orders Part 17 — Liquefied Gas carriers and Chemical Tankers:
- gives effect to Parts B and C of Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’). Parts B and C provide for the construction and equipment of ships carrying liquefied chemicals and gases in bulk;
- gives effect to Regulation 11 of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, (‘MARPOL 73/78’), which sets out requirements for minimising accidental pollution; and
- makes provision for and in relation to the loading, stowing and carriage by ships of dangerous liquid chemicals and liquefied gases.
2. The purpose of Marine Orders Part 17, Issue 6 — Amendment is to give effect to:
- amendments to the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (‘the GC Code’) made by International Maritime Organization (‘IMO’) Resolution MSC.225 (82);
- amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (‘the IBC Code’) made by IMO Resolution MSC.219 (82); and
- amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (‘the IGC Code’) made by IMO Resolution MSC.220 (82).
Power
3. Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping. Sections 191, 253A, 257 and 267P of the Act are found in Part IV.
4. Section 191 of the Act provides for regulations to make provision for or in relation to giving effect to SOLAS.
5. Subsection 253A (1) of the Act empowers regulations to be made in relation to the carriage of dangerous goods in ships.
6. Subsection 257 (1) of the Act provides that the regulations may make provision for or in relation to the loading, stowing and carriage of cargo in ships.
7. Section 267P of the Act makes provision for and in relation to giving effect to Regulation 11 of Annex II to MARPOL 73/78.
8. Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
9. 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 regulations may be made.
10. The amendment of Marine Orders Part 17, Issue 6 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.
Consultation
11. In addition to providing a copy of the draft Marine Orders Part 17, Issue 6, Amendment on AMSA’s website, a copy was provided to the following organisations for comment:
- American Bureau of Shipping;
- Australian Shipowners Association;
- Bureau Veritas;
- Department of Infrastructure, Transport, Regional Development and Local Government;
- Det Norske Veritas;
- Germanischer Lloyd;
- Lloyd’s Register;
- Shipping Australia Limited.
Overview
12. The amendment of Marine Orders Part 17 gives effect to the amendment of the GC Code by IMO resolutions MSC.99 (73) and MSC.225 (82) and the amendment of the IGC Code by IMO resolution MSC.220 (82) which:
- revised the fire safety requirements in Chapter II‑2 of SOLAS; and
- added 2 new products, dimethyl ether and carbon dioxide, to the table of minimum requirements mentioned in Chapter XIX of the GC Code.
13. The amendments made by these IMO resolutions come into effect on 1 July 2008.
14. The amendment of Marine Orders Part 17 also gives effect to the amendment of the IBC Code by IMO resolutions MSC.219 (82) and MEPC.166 (56) by:
- amending paragraphs 11.1.1.4 to 11.1.1.8 in relation to monitoring the concentration levels of flammable gases;
- inserting paragraph 11.1.4 of Chapter 11 of the IBC Code which extends the period for implementing the fire protection and fire extinction requirements mentioned in SOLAS regulation II‑2/regulation 1.6.7; and
- replacing Chapters 17, 18 and 19 of the IBC Code.
15. The amendments made by these IMO resolutions come into effect on 1 January 2009.
16. Schedule 1 of Marine Orders Part 17, Issue 6, Amendment, inserts those amendments that come into operation on 1 July 2008. Schedule 2 of Marine Orders Part 17, Issue 6, Amendment, inserts the amendment that comes into operation on 1 January 2009.
17. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 17 with notes after the relevant provisions. This reflects current drafting practice.
Amendment of principal provisions
Schedule 1: Amendment to come into operation on 1 July 2008
Provision 1, including footnote 1
18. Item [1] amends the heading of provision 1 by replacing the symbol ‘&’ with the word ‘and’ after the word ‘Purpose’. This ensures that the title of this provision is consistent with other Marine Orders Parts.
19. Item [2] amends provision 1.1 (a) by replacing footnote 1 with a note that is inserted after provision 1.1 (c) by item [3]. The text of the note is the same as that found in footnote 1. This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.
Provision 2, definition of GC Code
20. Item [4] amends the definition of GC Code in provision 2 by updating the references to the IMO resolutions that have amended the GC Code.
Provision 2, definition of IGC Code
21. Item [5] amends the definition of IGC Code in provision 2 by updating the references to the IMO resolutions that have amended the IGC Code.
Provision 2, definition of penal provision, including footnote 2
22. Item [6] amends the definition of penal provision in provision 2 by updating the reference to the Navigation (Orders) Regulations 1980 so that it reflects current drafting practice. The definition is also amended by replacing footnote 2, which related to the definition, with a note. This amendment also reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.
23. The note following the definition of penal provision amends the references to the number of penalty units that an individual and a body corporate may receive if found guilty of an offence, so that these accurately reflect subregulation 4 (1) of the Navigation (Orders) Regulations 1980.
Provision 2, definition of survey authority, including footnote 3
24. Item [7] amends the definition of survey authority in provision 2 by amending the definition so that it is consistent with the definition of ‘survey authority’ found in the Act. The definition is also amended by replacing footnote 3, which set out the survey authorities approved by AMSA, with a note that provides a link to AMSA’s website where information can be obtained regarding these authorities.
Provision 2, definition of surveyor
25. Item [8] amends the definition of surveyor by replacing the reference to ‘s.190’ with a reference to ‘section 190’ so that the definition is consistent with other Marine Orders Parts.
Provision 2, after definition of surveyor
26. Item [9] inserts a note after the definition of surveyor in provision 2. The proposed note is currently referred to provision 3.1 as footnote 4 which is amended by item [10]. The footnote is repositioned at the end of provision 2 to be consistent with similar notes that are found in other Marine Orders Parts. The proposed note provides readers with information on how copies of IMO documents may be obtained from AMSA. The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information.
Provision 3, including footnote 4
27. Item [10] amends provision 3.1 by omitting the reference to footnote 4. See item [9] for further information. Item [10] also amends provision 3.2 by inserting the word ‘and’ at the end of paragraph (a). The item also omits the words ‘a footnote’ and inserting the words ‘a note’ in paragraph (b). The amendment of paragraph (b) is necessary given the decision to replace footnotes with notes following the relevant provision.
Provision 5, including footnote 5
28. Items [11] and [12] amend the heading of provision 5 by omitting the symbol ‘&’ and replacing footnote 5 with a note that is inserted after provision 5.3. This amendment reflects current drafting practice and will enable future amendments of the note to be facilitated with minimal disruption to the Marine Orders Part.
Schedule 2: Amendment to come into operation on 1 January 2009
Provision 2, definition of IBC Code
29. Item [1] amends the definition of IBC Code in provision 2 by updating the references to the IMO resolutions that have amended the IBC Code which will come into operation on 1 January 2009.
Australian Maritime Safety Authority
25 May 2008