Marine Orders - Part 21: Safety of Navigation and Emergency Procedures - Amendment (Order No. 3 of 2011)

Overview

The Marine Orders Part 21 Amendment 2011 (No 1)(Safety of Navigation and Emergency Procedures) was introduced to address the need for converting certain notes within the existing Marine Orders Part 21 Issue 7 into substantive provisions to ensure clarity and enforceability. Enacted in 2011, this legislation falls under the purview of the Navigation Act 1912, with the Australian Maritime Safety Authority (AMSA) responsible for its implementation. The primary objective of this amendment is to enhance the safety of navigation by ensuring that the relevant provisions concerning the equipping and adjusting of ship compasses are clearly defined and legally binding. This legislative action was taken after thorough consultation with various maritime industry stakeholders and was made in accordance with the Australian Maritime Authority Act 1990.

Scope and Application

The Marine Orders Part 21 Amendment 2011 (No 1) (Safety of Navigation and Emergency Procedures) pertains to the safe navigation and operation of ships in Australia, aligning with regulation 19 of Chapter V (Safety of Navigation) of the International Convention for the Safety of Life at Sea 1974 (SOLAS). This amendment applies to all ships subject to the Navigation Act 1912, including both domestic and international vessels operating in Australian waters. It specifically addresses the equipping of ships with compasses and the examination and adjustment of compasses on ships, ensuring these practices meet safety standards. The amendment, which commenced on 1 July 2011, was made under the authority of the Australian Maritime Safety Authority (AMSA) and is in accordance with the Navigation Act 1912, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. The amendment converts certain notes into substantive provisions, clarifying the obligations regarding compass adjustment and deviation, and includes definitions for key terms such as "excessive deviation" and "appropriate intervals."

Key Provisions

The Marine Orders Part 21 Amendment 2011 (No 1) (Safety of Navigation and Emergency Procedures) introduces specific provisions to ensure the safe navigation and operation of ships, as well as the proper equipping and maintenance of ship compasses. Section 1 of this amendment removes note 14.3.2, which previously provided guidance on compass adjustment intervals. In its place, Section 2 introduces a new provision 14.3.3, which specifies that the master of a ship must ensure a magnetic compass is adjusted by a licensed compass adjuster if it exhibits excessive deviation, as observed during regular checks. This requirement is intended to ensure that navigational instruments remain accurate and reliable. Section 3 of the amendment introduces provision 14.3.9, defining the terms "excessive deviation" and "appropriate intervals," terms that were previously explained in notes but are now explicitly defined in the main text. The obligations imposed by this amendment on ship masters and other relevant parties are primarily centred around the maintenance and adjustment of ship compasses. Under the new provision 14.3.3, ship masters are required to ensure that any magnetic compass showing excessive deviation is adjusted by a licensed compass adjuster. This requirement is crucial for maintaining the accuracy of navigational instruments, which in turn supports safe navigation. The definition of "excessive deviation" and "appropriate intervals" in provision 14.3.9 provides clarity and consistency in the application of these terms, ensuring that all parties understand the standards and intervals required for compass maintenance. In terms of penalties and consequences, the new provision 14.3.3 is a penal provision, indicating that failure to comply with the requirement to adjust a compass showing excessive deviation could result in penalties. While the specific penalties are not detailed within the amendment itself, they would typically be outlined in related regulations or legislation. Non-compliance with safety regulations related to ship navigation and equipment can lead to serious civil or criminal consequences, including fines and potential legal action. The exact penalties would be determined in accordance with relevant maritime laws and regulations.