EXPLANATORY NOTES
Marine Orders Part 21
(Safety of navigation and Emergency procedures)
Issue 5 - Amendment
Order No 6 of 2007
Purpose
- Marine Orders Part 21:
- promotes safe navigation and operation of ships and gives effect to a number of Regulations of Chapter V (Safety of Navigation) of the International Convention for the Safety of Life at Sea 1974 (SOLAS) as amended; and
- prescribes requirements for carrying out of musters, boat drills, fire drills and other drills and recording requirements in the official log book. It further deals with matters in relation to equipping of ships with compasses.
- Marine Orders Part 21, Issue 5 – Amendment, Order No 6 of 2007, amends Marine Orders Part 21 to adopt amendments to SOLAS Chapter V by International Maritime Organization (IMO) resolution MSC.202(81).
- The amendment comes into operation on 1 January 2008.
Power
4. Subsection 425(1) of the Navigation Act empowers the Governor-General to prescribe matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Navigation Act.
5. Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matter (other than the imposition of penalties) in the Navigation Act for or in relation to which provision may be made by regulations.
6. Marine Orders Part 21, Issue 5 – Amendment, Order No 6 of 2007, was made pursuant to subsection 425(1AA).
Consultation
7. A copy of the draft text of this amendment was circulated to Shipping Australia Limited, Australian Shipowners Association, National Marine Safety Committee (NMSC), Australian Mines and Metals Association (AMMA) and approved survey authorities for comment. All appropriate comments were considered. The draft was also placed on the AMSA internet website for public comment.
Overview
8. Amendments to Chapter V of SOLAS, come into force on 1 January 2008, and will introduce new requirements for ships of specified types and on specified voyages to be fitted with long range identification and tracking (LRIT) systems.
9. In addition to LRIT requirements, an amendment has been made to give effect to Regulation 22 of Chapter V of SOLAS concerning navigation bridge visibility.
10. Minor clarification amendments have also been including updating the list of IMO resolutions and circulars in Appendix 3.
Amendment of principal provisions
11. Provisions 3.1 to 3.3 of this issue amends Provision 1.1 of the principal order by indicating that Regulation 22 of Chapter V is given effect to in Marine Orders Part 21.
12. Provisions 3.4 to 3.5 of this issue amends Provision 14 of the principal order to clarify requirements for the maintenance of equipment, consistent with Regulation 16 of Chapter V of SOLAS.
13. Provision 3.6 of this issue amends the principal order by inserting a new Provision 17 requiring the automatic transmission of long-range identification and ship tracking information and the implementation of systems to transmit that information in accordance with Regulation 19-1 of Chapter V of SOLAS.
14. Provision 3.7 of this issue amends the principal order by inserting a new Provision 19 concerning navigation bridge visibility requirements for vessels over 55 metres to give effect to Regulation 22 of Chapter V of SOLAS.
15. Provision 3.8 of this issue amends Provision 34.3(d) of the principal order by clarifying the circumstances of atmosphere sampling.
16. Provision 4 of this issue amends Appendixes 3 and 5 of the principal order by updating references to IMO Resolutions and Circulars in Appendix 3 and correcting a grammatical error in Appendix 5.
17. Provision 5 of this issue amends the table of contents of the principal order as a consequence of the addition of two new provisions.
18. Provision 6 of this issue amends various footnotes of the principal order primarily to update relevant references.
Australian Maritime Safety Authority
11 October 2007