Marine Orders - Part 18: Measures to enhance maritime safety, Issue 2 (Order No. 1 of 2004)

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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

Overview

The Marine Orders Part 18, Issue 2 Order 2004 was enacted to give effect to the International Convention for the Safety of Life at Sea (SOLAS) Chapter XI-1, which outlines special measures to enhance maritime safety. This Order, issued by the Australian Maritime Safety Authority under the authority of the Navigation Act 1912, aims to ensure that Australian maritime operations align with international safety standards. The policy objective is to mitigate risks and improve maritime safety by implementing updated regulations that reflect recent amendments to SOLAS. This Order repeals the previous Part 18 Issue 1 and applies certain SOLAS regulations to ships on voyages other than international voyages, thereby addressing gaps in maritime safety that were identified following the adoption of new SOLAS amendments in December 2002. The enactment body, the Australian Maritime Safety Authority, undertook consultations with relevant stakeholders and the public to refine these regulations before their gazette on 12 May 2004.

Scope and Application

The Marine Orders, Part 18, Issue 2, made pursuant to the Navigation Act 1912, applies to ships subject to the Act, particularly those involved in international voyages, and those Australian registered ships over 100 gross tonnage for passengers and 300 gross tonnage for cargo, as mandated by Chapter XI-1 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS). This Order specifically aims to implement the SOLAS amendments adopted in December 2002, including the requirement for a Continuous Synopsis Record (CSR) on board and the permanent marking of a ship's identification number. The scope of this Order extends nationally, aligning Australian maritime safety practices with international standards. While the Order is comprehensive, it does not provide for exemptions that would contravene SOLAS, and it allows for internal reviews and the acceptance of equivalent fittings, materials, appliances, or apparatus that meet the effectiveness requirements. This legislative instrument is further elaborated through subordinate instruments to ensure its effective implementation and compliance.

Key Provisions

The primary operative sections of Marine Orders Part 18, Issue 2, focus on enhancing maritime safety by incorporating the International Convention for the Safety of Life at Sea (SOLAS) Chapter XI-1 into Australian regulations. Provision 1 states the purpose of the Order, which is to give effect to SOLAS Chapter XI-1 and to apply certain regulations to ships on voyages other than international voyages (Provision 4). Provisions 7 and 8 mandate that specific ships must comply with the enhanced survey requirements and ship identification number regulations under SOLAS Chapter XI-1 (Provisions 7 and 8). The Order also introduces new penal provisions that cover the inspection, detention, and maintenance of a Continuous Synopsis Record (CSR) for Australian registered ships (Provisions 9.2.1, 10, 10.1, 10.3.1, 10.3.3, and 10.4). The obligations imposed by the Act require ship operators to ensure compliance with the specified SOLAS regulations. This includes maintaining a CSR on board the ship, ensuring it is available for inspection at all times (Provision 10). Ship operators must also ensure that passenger ships of 100 gross tonnage or more and cargo ships of 300 gross tonnage or more have their ship's identification number permanently marked (Provision 8). Additionally, bulk carriers and oil tankers must comply with enhanced survey requirements as stipulated under SOLAS Chapter XI-1 (Provision 7). These provisions are designed to maintain a high standard of maritime safety and operational integrity. Breaches of the provisions outlined in Marine Orders Part 18, Issue 2, can result in significant consequences. The Order includes several new penal provisions that carry criminal and civil penalties. For instance, failure to maintain a CSR as required under Provision 10 can result in substantial fines and potential imprisonment. The specific maximum penalties for these offences are not detailed in the explanatory notes but are typically significant under maritime safety legislation. Similarly, non-compliance with the ship identification number requirement under Provision 8 may also attract penalties, including fines and detention of the ship. The Act imposes a stringent regime to ensure adherence to safety standards, with the aim of preventing accidents and ensuring the safety of maritime operations.

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