EXPLANATORY NOTES
Marine Orders, Part 21
(Safety of navigation and emergency procedures)
Issue 6
Order No 2 of 2009
Authority
1. Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
2. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matters in Part IV of the Navigation Act for or in relation to which provision may be made by regulations.
3. Marine Orders, Part 21, Issue 6, was made pursuant to subsection 425(1AA).
Purpose
4. 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) and Chapter VI (Carriage of Cargoes) 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 prescribed drills and for recording them in the official log book. It further deals with matters in relation to equipping of ships with compasses and the examination and adjustment of compasses on ships as well as material safety data sheets.
5. Marine Orders Part 21, Issue 6:
- repeals Marine Orders Part 21 Issue 5; and
- gives effect to amendments adopted by the International Maritime Organization (IMO) Resolutions:
- MSC.263 (84);
- MSC.239 (83) (comes into force 1 July 2009);
- MSC.246 (83) (comes into force 1 January 2010); and
- MSC.252 (83) (comes into force 1 January 2011).
Consultation
6. A copy of the draft text was circulated to approved survey authorities, Australian Shipowners Association, Shipping Australia Limited, the Department of Transport and Regional Services and the National Maritime Safety Committee. A copy was also placed at AMSA external internet website for public comment.
Overview
7. The SOLAS Chapter VI amendments, which come into force on 1 July 2009, are in relation to:
- The provision of a material safety data sheet prior to the loading of cargoes in the case of ships carrying MARPOL Annex 1 cargoes, as defined in Appendix 1 to Annex 1 of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 and marine fuel oils.
8. The SOLAS Chapter V amendments are in relation to:
- The adoption of performance standards for survival craft AIS search and rescue transmitters. (comes into effect on 1 January 2010).
- The adoption of revised performance standards for Integrated Navigation Systems (INS). (comes into effect 1 January 2011).
Contents of the Order
9. Provision 1 indicates both the purpose of the Order and the power to make this Order, pursuant to the Navigation Act.
10. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations to enable proper understanding of this Part.
11. Provision 4 specifies the ships to which this Part applies.
12. Provision 5 provides for the exemption of a ship from compliance with a provision of this Part and provides for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part. This provision does not provide for an exemption or equivalent that would contravene SOLAS.
13. Provision 6 provides for an internal review by the Deputy Chief Executive Officer Maritime Operations of a decision made by the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, under this Part and specifies the lodgement date for an internal review application. The provision also provides for a review by the Administrative Appeals Tribunal of the Deputy Chief Executive Officer Maritime Operation’s decision and for a statement of reasons to be provided by the Deputy Chief Executive Officer Maritime Operations to an applicant regarding his decision.
14. Provision 7 is a transitional provision to enable an exemption or approval, or a licence issued under Issue 5 of this Part, to remain in force as if granted or continued under this Issue of this Part and provides similar arrangements for a License as Compass Adjuster.
15. Provision 8 provides for the issue, continuation, renewal or revocation of a Certificate of Approval in respect of equipment or an arrangement approved under this Part.
16. Provision 9.1 requires a passenger ship, with a Passenger Ship Safety Certificate in force, to have on board a plan (in accordance with Regulation 7.3 of Chapter V of SOLAS) for co-operation with appropriate search and rescue services in the event of an emergency.
17. Provision 9.2 requires the master of a ship to ensure that periodic exercises are carried out in accordance with the ship’s emergency plan specified in Provision 9.1. This is a penal provision.
18. Provision 10.1 requires the master of a ship to use any mandatory ships’ routeing system (adopted by IMO) applicable to that ship or its cargo, unless there are compelling reasons not to do so. This is a penal provision.
19. Provision 10.2 requires the occasions to be recorded in the ship’s official log book when a ship’s mandatory routeing system was not used.
20. Provision 11 specifies that the master of a ship must comply with the requirements of a ship’s adopted reporting systems and report to the appropriate authority all information required to be reported in accordance with the respective reporting system. This is a penal provision.
21. Provision 12.1 requires the owner of a ship, to which Regulation 14 of Chapter V of SOLAS applies, to ensure that there is provided on the ship, a minimum safe manning document complying with Regulation 14. This is a penal provision.
22. Provision 12.2 provides for the Manager, Ship Operations and Qualifications, to issue a minimum safe planning document as referred to in Provision 12.1.
23. Provision 12.3 provides for the continued effect of a safe manning document complying with Regulation 13(a) of Chapter V of SOLAS issued by the General Manager of Ship and Personnel Safety Services, AMSA prior to 1 July 1998. This provision also specifies that the working language of a ship must be established and made effective in accordance with Regulation 14 of Chapter V of SOLAS.
24. Provision 13 specifies that the principles relating to bridge design, design and arrangements of navigational equipment and bridge procedures must be in accordance with Regulation 15 of Chapter V of SOLAS.
25. Provision 14 specifies penal provisions that require the master and owner of a ship to maintain navigational equipment (including a magnetic compass). The provision also specifies the conditions for the issue, cancellation and replacement of a Licence as a Compass Adjuster and specifies penal provisions in respect to the holder of a Licence as Compass Adjuster.
26. Provision 15 provides requirements in respect of the positioning, installation and operation of electrical and electronic equipment on a ship. Provision 15.3 is a penal provision which specifies that the operation of portable electrical or electronic equipment must not affect the proper functions of navigational systems and equipment.
27. Provision 16 specifies that certain navigational systems and equipment must conform to appropriate IMO Resolutions (Appendix 3) to perform the functional requirements of Chapter V of SOLAS, and specifies testing, training and approvals for compliance. The provision also specifies that the certificate issued for compliance must always be retained on board the ship. Provision 16.1A specifies that MSC.246 (83) and MSC.252 (83) enter into force on 1 January 2010 and 1 January 2011 respectively.
28. Provision 17 stipulates that navigational systems and equipment that are required to be provided on a ship, are specified in Regulation 19 of Chapter V of SOLAS.
29. Provision 18 specifies that voyage data recorders must be fitted to ships in accordance with Regulation 20 of Chapter V of SOLAS.
30. Provision 19 specifies that every ship must carry the latest edition of the International Code of Signals and Volume III of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual in accordance with Regulation 21 of Chapter V of SOLAS.
31. Provision 20 gives effect to Regulation 23 of Chapter V of SOLAS and provides requirements in respect of pilot transfer arrangements on a ship, including prohibition of such arrangements where means of access is considered defective or deficient. Provision 20.3 is a penal provision that specifies that the master of a ship who has received a written notice of prohibition must not use an access for the purpose of pilot transfer until the defect or deficiency is rectified.
32. Provision 21 provides requirements in respect of the use of the heading and/or track control systems in relation to manual and automatic steering of a ship. These requirements are penal provisions.
33. Provision 22 is a penal provision and provides for a ship’s capacity to operate multiple steering gear power units in areas that demand navigational caution.
34. Provision 23 a penal provision and specifies requirements for checking, testing, steering drills and recording of tests in respect of a ship’s steering gear. This provision also specifies the form of operating instructions for using the steering gear.
35. Provision 24 specifies requirements in respect of nautical charts and publications to be provided on an intended voyage in accordance with Regulation 27 of Chapter V of SOLAS. It specifies that electronic versions of nautical publications may be carried as an alternative to hard copy as long as they are adequate for the intended voyage.
36. Provision 25 is a penal provision that requires records of navigational activities and incidents to be kept on board a ship engaged on international voyages in accordance with Regulation 28 of Chapter V of SOLAS.
37. Provision 26 is a penal provision that specifies the manner in which life-saving signals are to be illustrated and made available to the officer of the watch.
38. Provision 27 specifies that operational limitations of passenger ships must be documented in accordance with Regulation 30 of Chapter V of SOLAS.
39. Provision 28 prescribes a safety signal; specifies when a danger message must be transmitted; specifies duties of persons receiving prescribed safety signals; specifies when a danger message takes priority over other communications; specifies the procedure for reporting to shore stations, and prescribes official log book recording. Provision 28.2.1 contains several penal requirements.
40. Provision 29 prescribes the words to be used for transmitting a signal of distress and the circumstances that allow transmission; prescribes an urgency signal and the circumstances that allow transmission; and specifies obligations, procedures and authorisations in respect of transmitting and receiving distress and urgency signals. The provision has several penal requirements.
41. Provision 30.1 is a penal provision which requires the master of a ship to comply with Regulation 34 of Chapter V of SOLAS with respect to voyage planning. Provision 30.2 is a penal provision which prohibits interference with a master’s decision made in respect to safety of life or environmental protection.
42. Provision 31 specifies various safety measures in respect to distress and safety signals that are penal requirements.
43. Provision 31A provides that in relation to SOLAS regulation VI/5-1 ships carrying oil or fuel oils as defined in regulation 1 of Annex 1 of MARPOL must comply with Regulation 5-1 of Chapter VI of SOLAS.
44. Provision 32 specifies various signals and the manner in which they are to be used; prescribes emergency practices and training procedures; prescribes procedures for the mustering of passengers; assignment of crew to emergency stations and lifeboats; and specifies responsibilities of a ship owner, master and crew with regard to emergency procedures. This provision contains several penal requirements.
45. Provision 33 specifies safety procedures in respect to watertight opening in ships and contains several penal requirements.
46. Provision 34 provides for miscellaneous safety measures and contains penal requirements.
47. Appendix 1 specifies information that may be recorded, and information that must be recorded in a compass Deviation Book.
48. Appendix 2 provides the form Table of Deviations of the Standard/Steering Compass which is required to be given to the master upon completion of examination and adjustment of a ship’s compasses by the Compass Adjuster.
49. Appendix 3 provides a list of IMO Resolutions and Circulars. Navigational systems and equipment (at Provision 16) installed on or after 1 July 2002 (including replacements and additions) must comply with the appropriate IMO Resolutions to perform the functional requirements of Regulations 19 and 20 of Chapter V of SOLAS.
50. Appendix 4 provided the Beaufort scale of wind force, which is referred to in Provision 28.2.1.
51. Appendix 5 specifies the manner in which emergency practice drills, training and testing of equipment are conducted.
52. Appendix 6 provides the form to be used for recording passenger muster station assignments.
53. Appendix 7 provides the form to be used for recording crew member emergency station and survival craft assignments.
54. Appendix 8 provides specifications for an indicator system which must be used for a closing appliance.
55. Appendix 9 provides specifications for a means of access for boarding or disembarking from a ship.
56. Appendix 10 provides specifications with respect to atmosphere sampling equipment, measuring equipment and procedures to be used for measuring oxygen and gas levels on ships.
Documents incorporated by reference
The following publications may be purchased from either the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone + 44 (0)20 7735 7611 – facsimile +44 (0)20 7587 3210. – IMO web site: http://www.imo.org,
or from Boat Books Australia:
- 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;
- 214 St Kilda Road, St Kilda, Vic 3182 - telephone (03) 9525 3444;
- 109 Albert Street, Brisbane, QLD, 4000 -telephone (07) 3229 6427;
- Web address: http://www.boatbooks-aust.com.au/ .
- The International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
- International Code of Signals;
- Volume III of the International Aeronautical and Maritime Search and Rescue Manual.
Radio Regulations published by the International Telecommunications Union (ITU) can be purchased from Boat Books Australia (addresses above) or from the ITU web site: http://www.itu.int/home/.
IMO Resolutions can be obtained from AMSA, telephone (02) 6279 5084.
Australian Maritime Safety Authority
June 2009