Explanatory Statement
Marine Orders Part 21 Amendment 2011 (No 1)
(Safety of Navigation and Emergency Procedures)
Purpose
Marine Orders Part 21 Issue 7 (Safety of Navigation and Emergency Procedures) (MO21):
- promotes safe navigation and operation of ships and gives effect to regulation 19 of Chapter V (Safety of Navigation) of the International Convention for the Safety of Life at Sea 1974 (SOLAS) as amended; and
- deals with matters related to equipping ships with compasses and examining and adjusting compasses on ships.
This instrument amends MO21. The amendment converts 2 notes that have material that could be considered substantive into substantive provisions.
Power
Subsection 425 (1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, including the safe navigation and operation of ships.
Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (AMSA) may make orders about any matter mentioned in certain Parts of the Act including Part IV for or in relation to which regulations may be made.
Part IV of the Act deals with ships and shipping.
Section 191 of the Act provides for regulations to make provision for or in relation to giving effect to SOLAS.
Subsection 232 (1) of the Act provides that the regulations may make provision for or in relation to the equipping of ships with compasses and the examination and adjustment of compasses on ships.
Consultation
A copy of the draft of this instrument was circulated to:
Australian Institute of Marine and Power Engineers
Department of Infrastructure
Australian Maritime Officers Union
ASP Ship Management Group
Austal Limited
Australian Maritime College
Australian Shipbuilders Association
Australian Shipowners Association
BHP Billiton
Classification Societies
Company of Master Mariners Association
Coral Princess Cruises
DMS Maritime Pty Limited
Gardline Marine Services
Hanson Construction Materials Pty Ltd
Hunter TAFE
INCO Ships Pty Ltd
International Maritime Services
Leeuwin Ocean Adventure Foundation Ltd
Mermaid Marine Australia Limited
Namlanco Australian Pty Ltd
National Maritime Safety Committee
North Star Cruises Australia Pty Ltd
Offshore Marine Services
P&O Maritime Services
Perkin Shipping Group Pty Limited
Ports Australia
SeaRoad Shipping Pty Ltd
Seaswift Pty Ltd
Shell Tankers Australia Pty Ltd
Shipping Australia Limited
STASCO Ship Management
Svitzer Australia Pty Ltd
Swire Pacific Pty Ltd
Teekay Shipping (Australia) Pty Ltd
Toll Shipping
TT Line Company Pty Ltd
Woodside Energy Ltd
A copy of the draft was also placed on the AMSA website for public comment.
All comments were considered. The draft amendment was altered by clarifying that provision 14.3.3 applies to a magnetic compass that is observed and found to have an excessive deviation. The definitions of appropriate intervals and excessive deviation were shortened.
Overview
This instrument converts the notes in provisions 14.3.2 and 14.3.3 into substantive provisions of MO 21.
Contents of the Order
Item 1 omits note 14.3.2.
Item 2 substitutes a new provision 14.3.3 that clarifies when the master of a ship has to ensure that a magnetic compass on the ship is adjusted by a licensed compass adjuster to correct an excessive deviation, ie if observations of that compass show an excessive deviation. Like the existing provision 14.3.3, the new provision is a penal provision.
Item 3 inserts provision 14.3.9 which defines the terms excessive deviation and appropriate intervals — terms that were not previously defined in MO21 Issue 7 but were explained in notes.
Commencement
This instrument commences on 1 July 2011.
Legislative Instrument
This instrument will be a legislative instrument for the Legislative Instruments Act 2003.
Making the Order
This Order has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49 (4) of the Australian Maritime Authority Act 1990.