EXPLANATORY NOTES
Marine Orders, Part 18
(Measures to enhance maritime safety)
Issue 2
Order No 1 of 2004
Authority
1. Subsection 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders with respect to matters in Part IV of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 18, Issue 2 was made pursuant to subsection 425(1AA).
Gazettal
4. This issue of Marine Orders Part 18 was gazetted in the Commonwealth of Australia Gazette, Government Notices Wednesday 12 May 2004.
Purpose
5. Marine Orders Part 18, Issue 2:
- repeals Issue 1 of Part 18; and
- for the purposes of the Navigation Act, gives effect to Chapter XI-1 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), and also applies regulations 2, 3 and 5 of Chapter XI-1 to ships on voyages other than international voyages.
Consultation
6. A copy of the draft of Part 18 was circulated to relevant AMSA managers, Shipping Australia Limited, Australian Shipowners Association, recognised class societies, National Maritime Safety Commission and Department of Transport and Regional Services for comment. All appropriate comments were considered. A copy of the draft was also placed on the AMSA internet site for public comment.
Overview
7. In view of recent amendments to Chapters XI and XII of SOLAS, Marine Orders Part 18 was recently reviewed. It was decided that Part 18, Issue 1 (Bulk carriers and tankers) be split into two separate Orders, namely, Part 18, Issue 2 (Measures to enhance maritime safety) and Part 35, Issue 1 (Additional safety measures for bulk carriers). Part 18, Issue 2, will give effect to SOLAS Chapter XI-1 (special measures to enhance maritime safety) and Part 35, Issue 1, will give effect to SOLAS Chapter XII (additional safety measures for bulk carriers).
8. The SOLAS Conference (5/32) held in December 2002 adopted amendments to SOLAS Chapter XI (renumbered to Chapter XI-1). These amendments include:
- the introduction of the Continuous Synopsis Record (CSR) in accordance with Regulation 5 of Chapter XI-1 of SOLAS. The operator of an Australian registered ship will need to ensure that a CSR in respect of that ship is kept on board and is available for inspection at all times;
- passenger ships of 100 gross tonnage or more and cargo ships of 300 gross tonnage or more must have the ship's identification number permanently marked, in accordance with Regulation 3 of Chapter XI-1 of SOLAS.
9. These SOLAS amendments shall enter into force internationally on 1 July 2004. This new issue of Marine Orders Part 18 (Measures to enhance maritime safety) reflects the SOLAS amendments.
Contents of the Order
10. Provision 1 indicates the purpose for which this Order has been made.
11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order.
12. Provision 4 specifies the ships to which this Part applies.
13. Provision 5 provides for the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part. Provision 5 also provides for the exemption of a ship from compliance with a provision of this Part. This provision does not provide for an exemption or equivalent that would contravene SOLAS.
14. 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.
15. Provision 7 requires bulk carriers and oil tankers to comply with Regulation 2 of Chapter XI-1 of SOLAS with respect to enhanced surveys.
16. Provision 8 requires particular passenger and cargo ships to comply with Regulation 3 of Chapter XI-1 of SOLAS with respect to a ship’s identification number.
17. Provision 9.1 to Provision 9.2.2 provides for the inspection and detention of a ship in relation to operational requirements. Provision 9.2.3 requires the master of a ship to comply with a detention order made under 9.2.1. This is a new penal provision.
18. Provision 10 provides requirements in relation to a Continuous Synopsis Record (CSR) for Australian registered ships. Provisions 10.1, 10.3.1, 10.3.3 and 10.4 are new penal provisions that relate to the location of a ship’s CSR, information to be recorded on a CSR, the maintenance of current information in relation to CSRs and certain notifications to be given to the Registrar of Shipping in relation to CSRs.
Australian Maritime Safety Authority
May 2004