EXPLANATORY NOTES
Marine Orders, Part 18
Measures to enhance maritime safety
Issue 4
Order No 7 of 2009
Purpose
1. Marine Orders Part 18, Issue 4, for the purposes of section 191 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 (enhanced surveys), 3 (ship identification numbers), and 5 (Continuous Synopsis Records) of Chapter XI-1 to ships on voyages other than international voyages.
2. Marine Orders Part 18, Issue 4, repeals Issue 3.
Power
3. 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.
4. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matter for or in relation to which provision may be made by regulations.
5. Marine Orders, Part 18, Issue 4 was made pursuant to subsection 425(1AA).
Consultation
6. A copy of the draft of Part 18, Issue 4 was circulated to relevant AMSA managers, all seven survey authorities, (ABS, BV, ClassNK, CCS, DNV, GL and LR), Australian Shipowners Association (ASA), Shipping Australia Limited (SAL), and the Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG). A copy of the draft was also placed on the AMSA web site for public comment.
Overview
7. The Maritime Safety Committee (MSC) of IMO at its 86th session adopted amendments to the ‘guidelines on the enhanced programme of inspections during surveys of bulk carriers and oil tankers (ESP Guidelines; resolution A.744(18), as amended) by resolution MSC.261(84). As a consequence of the amendment to A.744(18) a footnote reference in Marine Orders Part 18 has been amended.
8. The amendments to resolution A.744(18) included:
- renaming Annex A, now Part A – Guidelines on the enhanced programme of inspections during surveys of bulk carriers having single-side construction; and
b. inserting a whole new Part, Part B – Guidelines on the enhanced programme of inspections during surveys of bulk carriers having double-side skin construction.
9. The opportunity has also been taken to update some provisions and definitions of Part 18 in line with current drafting standards.
Contents of the Order
10. Provision 1 indicates the purpose of the Order and the power to make this Order, pursuant to the Navigation Act.
11. Provision 2 provides definitions of words and phrases used in the Marine Order.
12. Provision 3 provides an interpretation of the words and phrases necessary for a proper understanding of this Marine Order.
13. Provision 4 specifies the ships to which Part 18 applies.
14. Provision 5.1 provides for the exemption of a ship from compliance with a Provision of this part.
15. Provision 5.2 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 as effective as that required under the Part.
16. Provision 5.3 does not permit an exemption or equivalent that would contravene SOLAS.
17. Provision 6 provides for an internal review by the Deputy CEO of a decision made by the Manager, Ship Inspections. The provision also provides for a review 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.
18. Provision 7 requires bulk carriers and oil tankers to comply with Regulation 2 of Chapter XI-1 of SOLAS with respect to enhanced surveys.
19. 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.
20. Provision 9 requires every ship engaged on international voyages to comply with Regulation 3-1 of Chapter XI-1 of SOLAS with respect to a company and registered owner identification number.
21. Provision 10.1 and Provision 10.2 provides for the inspection and detention of a ship in relation to operational requirements. Provision 10.2.3 requires the master of a ship to comply with a detention order made under 10.2.1. This is a penal provision.
22. Provision 11 provides requirements in relation to a Continuous Synopsis Record (CSR) for Australian registered ships. Provisions 11.1, 11.3.1, 11.3.3 and 11.4 are 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.
Documents incorporated by reference
- The International Convention for the Safety of Life at Sea (SOLAS) 1974, (Consolidated Edition 2004);
The above publication may be purchased from either:
the International Maritime Organization (IMO)
Albert Embankment, London SE1 7SR
phone + 44 -20 7735 7611
fax + 44 -20 7587 3210.
http://www.imo.org
Boat Books (Australia) Pty Ltd
(Head Office)
31 Albany Street, Crows Nest, Sydney NSW 2065
phone: +61 2 9439 1133
fax: +61 2 9439 8517
boatbook@boatbooks-aust.com.au
www.boatbooks-aust.com.au
Boat Books (Australia) Pty Ltd
214 St Kilda Road, St Kilda, Victoria 3182
phone: +61 3 9525 3444
fax: +61 3 9525 3355
Melbourne@boatbooks-aust.com.au
www.boatbooks-aust.com.au
Boat Books (Australia) Pty Ltd
109 Albert Street, Brisbane, QLD 4000
phone: +61 7 3229 6427
fax: +61 7 3221 9391
Brisbane@boatbooks-aust.com.au
www.boatbooks-aust.com.au
Haylock Maritime Pty Ltd
PO Box 154 Briar Hill Victoria 3088
phone: +61 3 9439 2780
fax: +61 3 9439 2785
haylock@bigpond.net.au
www.haylockmaritime.com.au
The Chart & Map Shop
14 Collie Street, Fremantle, WA 6160
phone: +61 8 9335 8665
fax: +61 3 9335 8865
info@chartandmapship.com.au
www.chartandmapshop.com.au
The Navigation Centre
147 Boundary Street, Townsville, QLD 4810
phone: +61 7 4772 1069
fax: +61 7 4772 1079
shop@thenavigationcentre.com.au
www.thenavigationcentre.com.au
Australian Maritime Safety Authority
October 2009