Overview

The Marine Orders Part 21 (Safety of Navigation and Emergency Procedures) Amendment Order No 6 of 2007, enacted in 2007, is a legislative measure designed to align Australian maritime safety regulations with international standards as outlined in the International Convention for the Safety of Life at Sea 1974 (SOLAS). This amendment addresses the need to update safety protocols and emergency procedures for ships operating in Australian waters, ensuring they comply with recent amendments to SOLAS Chapter V by the International Maritime Organization (IMO). The objective of this order is to enhance the safety of navigation and emergency response capabilities on ships, thereby reducing the risk of maritime accidents and protecting mariners. The Australian Maritime Safety Authority (AMSA), pursuant to the Navigation Act, was responsible for drafting this amendment, which was made following consultation with relevant maritime industry stakeholders and public consultation. The new requirements include the implementation of long-range identification and tracking (LRIT) systems for ships of specified types and on specified voyages, as well as improved navigation bridge visibility standards. These amendments were introduced to better align Australia’s maritime safety framework with international best practices and to ensure the safety of navigation and emergency procedures are up to date with global standards.

Scope and Application

The Marine Orders Part 21, Safety of Navigation and Emergency Procedures, encompasses regulations for the safe operation of ships and implements several provisions of Chapter V (Safety of Navigation) of the International Convention for the Safety of Life at Sea 1974 (SOLAS), as amended. It applies to all ships that fall under the jurisdiction of the Navigation Act, and it is concerned with the safety of navigation, including the equipment of ships with compasses, and prescribes the procedures for conducting drills such as musters, boat drills, and fire drills, as well as the recording of such drills in the official log book. The Act applies nationally across Australia, as it is implemented under the authority of the Australian Maritime Safety Authority (AMSA), pursuant to the Navigation Act. The amendment, Order No 6 of 2007, which incorporates the latest amendments to SOLAS, applies to ships required to comply with international maritime safety standards and is in effect from 1 January 2008. The amendment addresses new requirements for ships to be fitted with long-range identification and tracking systems and updates the list of relevant IMO resolutions and circulars. This amendment extends the application of the existing provisions to include these new requirements and ensures compliance with updated international maritime safety standards.

Key Provisions

Marine Orders Part 21 (Safety of Navigation and Emergency Procedures) is an Australian regulation designed to promote safe navigation and operation of ships, aligning with the International Convention for the Safety of Life at Sea (SOLAS) and other international maritime safety standards. Section 3.1 to 3.3 of the amendment Order No 6 of 2007 ensures that Regulation 22 of Chapter V of SOLAS, which concerns visibility in navigation bridges, is given effect in the Marine Orders Part 21. This regulation is crucial for maintaining clear visibility in the navigation area, ensuring that officers have the necessary visual aids to safely operate the vessel. Section 3.4 to 3.5 clarify the requirements for maintaining equipment, in line with Regulation 16 of Chapter V of SOLAS, which mandates the regular inspection and maintenance of navigational equipment to ensure it is in good working order and fit for purpose. The amended Marine Orders Part 21 impose several obligations on ship operators and personnel. They must ensure their vessels are equipped with the necessary navigational and safety equipment, including long-range identification and tracking (LRIT) systems as required by Section 3.6. This system is essential for maritime safety, allowing for real-time tracking of vessels to enhance emergency response and collision avoidance. Additionally, Section 3.7 mandates that vessels over 55 metres must comply with visibility requirements in navigation bridges, ensuring that the environment in the bridge is conducive to safe navigation. Furthermore, Section 3.8 provides clarity on the circumstances for atmosphere sampling, ensuring that ship personnel can accurately monitor air quality and other atmospheric conditions that might impact safety. Failure to comply with the requirements of Marine Orders Part 21 can result in significant consequences. Under the Navigation Act, breaches of these safety regulations can lead to civil and criminal penalties. Specifically, Section 425(1) of the Navigation Act empowers the Governor-General to prescribe penalties for non-compliance, which can include substantial fines. The maximum penalties for breaches may vary depending on the severity and frequency of the offence, but they are designed to enforce strict adherence to safety standards. AMSA, as the regulatory authority, can also take enforcement actions against non-compliant vessels, which may include detention, fines, and other administrative measures to ensure compliance and promote maritime safety.