EXPLANATORY NOTES

Marine Orders, Part 25

(EquipmentLife-saving)

Issue 6

Order No 4 of 2008

Purpose

1. Marine Orders Part 25 — Equipment  Life-saving:

• gives effect to Chapter III of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’);
• gives effect to the International Life-Saving Appliance Code (‘the LSA Code’), adopted by International Maritime Organization resolution MSC.48 (66) and amended by IMO resolution MSC.218 (82); and
• prescribes appliances and equipment to be carried on ships for the saving of life at sea.

2.        The purpose of Marine Orders Part 25, Issue 6 is to give effect to:

• amendments to Chapter III of SOLAS made by IMO Resolution MSC.216 (82); and
• amendments to the LSA Code made by IMO Resolution MSC.218 (82).

Power

3.        Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping.  Sections 191 and 215 of the Act are found in Part IV.

4.        Section 191 of the Act provides for regulations to make provision for or in relation to giving effect to SOLAS.

5.        Paragraph 215 (1) (a) and subsection 215 (2) of the Act provide that the regulations may make provision for or in relation to:

• the saving of life at sea;
• the appliances to be carried;
• the measures to be observed on ships for the saving of life at sea; and
• exempting ships from any requirement of this Act that relates to the saving of life at sea.

1. Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Subsection 425 (1AA) of the Act provides that the Australian Maritime Safety Authority (‘AMSA’) may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made. 
3. The repealing of Marine Orders Part 25, Issue 5, and the remaking of Marine Orders Part 25, Issue 6 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

Consultation

9.        In addition to providing a copy of the draft Marine Orders Part 25, Issue 6, on AMSA’s website, a copy was provided to the following organisations for comment:

• American Bureau of Shipping;
• Australian Shipowners Association;
• Bureau Veritas;
• China Classification Society;
• Department of Infrastructure, Transport, Regional Development and Local Government;
• Det Norske Veritas;
• Germanischer Lloyd;
• Lloyd’s Register;
• National Maritime Safety Committee;
• Nippon Kaiji Kyokai;
• Shipping Australia Limited.

Overview

10. Marine Orders Part 25, Issue 6, gives effect to the amendment of Chapter III of SOLAS by IMO resolution MSC.216 (82) which revised the requirements relating to:

• the position of a ship’s crew on a lifeboat for a free-fall launch during an abandon ship drill;

• the inspection of falls used in launching lifeboats; and
• limiting the weight of life-rafts that are considered suitable for ‘easy side-to-side transfers’. 

12. The amendment made by IMO resolution MSC.216 (82) comes into effect on 1 July 2008.

13. Marine Orders Part 25, Issue 6, also gives effect to the amendment of LSA Code by IMO resolution MSC.218 (82) which:

• requires the expiry date of an pyrotechnic lifesaving appliance to be marked indelibly;
• limits the weight of quick release arrangements for self-activated smoke signals;
• modifies the requirements of life saving appliances such as lifejackets, immersion suits, anti-exposure suits and life-rafts;
• prescribes specifications for life-raft food and water rations; and
• introduces additional requirements for fast rescue boats and for launching appliances for rescue boats and lifeboats.

14. The amendment made by IMO resolution MSC.218 (82) comes into effect on 1 July 2008.

15. This issue of Part 25 has been reformatted in accordance with our current drafting style. Issue 6 repeals Issue 5 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 5. This issue also gives effect to the LSA Code in a similar manner.

16. Specific requirements for Australian registered ships are specified in Appendix 1 and certain specifications additional to the LSA Code are listed under Appendix 2.

17. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 25 with notes after the relevant provisions.  This reflects current drafting practice.

Contents of the Order

18. Provision 1 indicates the purpose of this Order, and the power to make this Order, pursuant to the Navigation Act.

19. Provision 2 provides for the definitions of words and phrases used in Marine Orders Part 25 and Provision 3 provides for interpretations of particular expressions to ensure proper understanding of the Part. 

20. 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.

21. 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.

22. 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 a 3 month time-limit applies to 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.

23. Provision 7 is a transitional provision to enable an exemption (granted or continued) or an approval made under Issue 5 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 5 of Part 25, to be deemed to comply with Issue 6. It also specifies requirements in relation to the replacement of equipment for these ships.

24. 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.

25. Provision 9.1 prohibits a person, without reasonable excuse, from causing damage to life-saving appliances or equipment. Provision 9.2 prohibits a person, without reasonable excuse, from altering or defacing labels or markings on any life-saving appliance or associated equipment.  Provision 9.3 provides that provisions 9.1 and 9.2 are penal provisions.

26. 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.

27. 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 that are 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.

28. 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.

29. Provision 13 specifies equipment requirements for fishing vessels.

30. Appendix 1 sets out specific requirements for Australian registered passenger ships and Australian registered cargo ships 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.

31. Appendix 2 specifies requirements additional to the LSA Code in respect to first‑aid outfits.

Documents incorporated by reference

32. The International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’), as amended; the International Life-Saving Appliance Code (‘LSA Code’); and the International Code of Signals, may be purchased from:

 International Maritime Organization (IMO)

 4 Albert Embarkment, London SE1 7SR

 Telephone +44(0)20 7735 7611

 Facsimile +44(0)20 7587 3210

 IMO website: http://www.imo.org

 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;

- Internet: www.boatbooks-aust.com.au

33. Information on obtaining copies of IMO documents referred to in this Part is also available from AMSA’s website: www.amsa.gov.au or via e-mail: international.relations@amsa.gov.au.

35. Uniform Shipping Laws Code (‘USL Code’) may be purchased from:

National Maritime Safety Committee (NMSC)

Level 11, 207 Kent Street, Sydney NSW 2000

Telephone (02) 9247 2124

Facsimile: (02) 9247 5203

E-mail: secretariat@nmsc.gov.au

Internet: www.nmsc.gov.au

Australian Maritime Safety Authority

25 May 2008