EXPLANATORY NOTES
Marine Orders, Part 25
(EquipmentLife-saving)
Issue 5
Order No 1 of 2006
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 25, Issue 5 was made pursuant to subsection 425(1AA).
Purpose
4. Marine Orders Part 25 for the purposes of the Navigation Act:
- gives effect to Chapter III (Life-saving appliances and arrangements) of the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;
- gives effect to the International Life-Saving Appliances Code (LSA Code);
- prescribes appliances and equipment to be carried on ships for the saving of life at sea.
5. Marine Orders Part 25, Issue 5, repeals Part 25, Issue 4, and gives effect to the SOLAS Chapter III amendments implemented by the International Maritime Organization Resolutions (IMO) MSC.152(78) and MSC.170(79), effective 1 July 2006. Part 25, Issue 5, comes into operation 1 July 2006.
Consultation
6. A copy of the draft text was circulated to approved survey authorities, Shipping Australia Limited, Australian Shipowners Association, National Marine Safety Committee, Australian Institute of Marine and Power Engineers, Maritime Union of Australia and other interested parties. A copy was also placed on the AMSA internet website for public comment. All comments received were reviewed and taken into account.
Overview
7. MO 25 was recently reviewed as part of 5-yearly review cycle and, in particular, following adoption of amendments to SOLAS Chapter III, life-saving appliances and arrangements, by IMO Resolutions MSC.152(78) and MSC.170(79).
8. The amendments to SOLAS Chapter III include:
- Emergency training and drill - lifeboats must be launched, and manoeuvred in the water by its assigned operating crew at least once every three months during an abandon ship drill (crew no longer required to be in the lifeboat while launching);
- Maintenance, testing and inspections of life-saving appliances must be carried out based on IMO guidelines (IMO circular MSC/Circ.1093);
- A report of the weekly inspection of life-saving appliances must be entered in the log-book;
- During monthly inspections, all lifeboats, except free-fall lifeboats, must be turned out from their stowed position, without any persons on board, if weather and sea condition so allow;
- Launching appliances and lifeboat on-load release gear must be subject to a thorough examination at the annual survey;
- An immersion suit must be provided for every person on board cargo ships plus some additional suits for working spaces (with provision for granting exemptions to cargo ships other than bulk carriers operating exclusively in warm waters);
- Bulk carriers constructed on or after 1 July 2006 must carry free-fall lifeboats.
9. This issue of Part 25 has been reformatted in accordance with our current drafting style. Issue 5 repeals Issue 4 and gives effect to Chapter III of SOLAS by referring to the requirements of that chapter instead of repeating the text of Chapter III, as in Issue 4. This issue also gives effect to the LSA Code in a similar manner.
10. Specific requirements for Australian registered ships are specified in Appendix 1 and certain specifications additional to the LSA Code are listed under Appendix 2.
Contents of the Order
11. Provision 1 indicates the purpose of this Order, and the power to make this Order, pursuant to the Navigation Act.
12. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations for proper understanding of the Part.
13. Provision 4 specifies the ships to which this Part applies and those ships to which this Part does not apply. The provision also specifies that a cargo ship whenever built, which is converted to a passenger ship shall be treated as a passenger ship constructed on the date on which such a conversion commences; the conditions for replacing a provision of this Part with a provision of the USL Code; and the conditions for codes, referred to in Marine Orders Part 49 and Part 50, prevailing over a provision of this Part.
14. Provision 5 provides for the exemption of a ship from compliance with a provision of this Part and for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under Part 25. This provision does not provide for an exemption or equivalent that would contravene SOLAS.
15. Provision 6 provides for an internal review by the General Manager 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 General Manager’s decision and for a statement of reasons to be provided by the General Manager to an applicant regarding his decision.
16. Provision 7 is a transitional provision to enable an exemption (granted or continued) or an approval made under Issue 4 of this Part, to remain in force as if granted under this Issue of Part 25. This provision also enables an appliance, equipment or arrangements pertinent to pre-1998 ships, which complied with Issue 4 of Part 25, to be deemed to comply with Issue 5. It also specifies requirements in relation to the replacement of equipment for these ships.
17. Provision 7.3.3 specifies regulations, or parts of regulations, of Chapter III of SOLAS that apply (either in whole or in part) to all relevant ships irrespective of their date of build.
18. Provision 8 requires an appliance or item of equipment, that is additional to those required by this Part, to comply with the requirements of this Part.
19. Provision 9.1 is a penal provision that prohibits a person, without reasonable excuse, from causing damage to life-saving appliances or equipment. Provision 9.2 is a penal provision that prohibits a person, without reasonable excuse, from altering or defacing labels or markings on any life-saving appliance or associated equipment.
20. Provision 10 provides for quality control measures, maintenance, inspection, and production tests with respect to life-saving appliances and equipment used on a ship, and specifies the conditions for the issuing and revocation of a Certificate of Approval in relation to such equipment, appliance or arrangement approved under this Part.
21. Provision 11 gives effect to Chapter III and the LSA Code in respect to the carriage, testing, approval requirements and use of life-saving appliances for all passenger and cargo ships of 500 gross tonnage and over. The provision also specifies equipment requirements for particular classes of ships that have been certified in accordance with the USL Code.
22. Provision 12 specifies requirements for cargo ships of less than 500 gross tonnage with respect to survival craft and rescue boats, lifebuoys, life-jackets, anti-exposure suits, line-throwing appliances, distress signals, alarm signal, emergency electrical installation; stowing, launching and recovery arrangements of survival craft and rescue boats, approval, testing, and servicing and maintenance of life-saving appliances and arrangements, and communication equipment. The provision also specifies equipment requirements for particular classes of ships that have been certified in accordance with the USL Code.
23. Provision 13 specifies equipment requirements for fishing vessels.
24. Appendix 1 sets out more detailed or additional requirements for Australian registered passenger ships and Australian registered cargo ships of 500 gross tonnage and over, with respect to SOLAS Chapter III regulations and the LSA Code. The provision also provides requirements in respect to the therapeutic use of narcotic drugs and goods for use in survival craft.
25. Appendix 2 specifies requirements additional to the LSA Code in respect to first-aid outfits.
26. Documents incorporated by reference
The following publications may be purchased from the International Maritime Organization (IMO), 4 Albert Embarkment, London SE1 7SR – telephone +44(0)20 7735 7611 – facsimile +44(0)20 7587 3210. – IMO web site: http://www.imo.org ,
and BoatBooks:
- 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 Life-Saving Appliance Code (LSA Code);
- International Code of Signals.
IMO Resolutions can be obtained from AMSA, telephone 02) 6279 5084.
Survival at sea Instruction Manual can be purchased from CanPrint Information Services; PO Box 7456,Canberra MC ACT 2610; Phone: 1300 889 873
Facsimile:02) 6293 8333, email: sales@infoservices.com.au.
Uniform Shipping Laws Code (USL Code) can be purchased from the National Maritime Safety Committee (NMSC): Lvl 11, 207 Kent Street, Sydney NSW 2000; Telephone 02) 9247 2124, Facsimile: 02) 9247 5203
Email: secretariat@nmsc.gov.au or accessed at web:http://www.nmsc.gov.au,
or purchased from Boatbooks (addresses above).
Australian Maritime Safety Authority
June 2006