EXPLANATORY NOTES
Marine Orders, Part 25
(EquipmentLife-saving)
Issue 7 Amendment
Order No 5 of 2010
Purpose
- 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’); and
- prescribes appliances and equipment to be carried on ships for the saving of life at sea.
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.
- 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.
- 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.
- Marine Orders Part 25, Issue 7 amendment, was made pursuant to, subsection 425 (1AA).
Consultation
9. A copy of the draft of Part 25, Issue 7 amendment was circulated to relevant AMSA managers, the Australian Shipowners Association, Australian Shipbuilders Association, Shipping Australia Limited, AMSA recognised organisations (ABS, BV, CCS, ClassNK, DNV, GL and LR), National Marine Safety Committee, Ports Australia and the Department of Infrastructure, Transport, Regional Development and Local Government. All comments were considered. A copy of the draft was also placed on the AMSA web site for public comment.
Overview
10. Marine Orders Part 25, Issue 7 amendment gives effect to amendments to the International Life-Saving Appliance Code made by virtue of the IMO Maritime Safety Committee resolution:
MSC.207(81)
- Constructional requirements for a lifejacket have been enhanced, there are performance standards for the in-water performance of lifejackets, there are new size requirements which require lifejackets to be designed to fit larger persons as well as the normal adult, child and infant sizes.
- Lifebuoys intended to operate the quick release arrangement provided for the self-activated smoke signals and self-igniting light shall have a mass of not less than 4kg (previously mass was not specified).
- All life-saving appliances shall be of international or vivid reddish orange or a comparable highly visible colour on all parts. Previously colour was not specified; other than it should be highly visible.
- General requirements for an immersion suit are enhanced including a requirement to be able to unpack and don without assistance within 2 minutes.
- The amendments to the LSA Code made by MSC.207(81) enter into force on 1 July 2010.
11. A note in relation to means of embarkation at remotely located survival craft (note 2 of clause 3.2.2 of Appendix 1) has been amended to make clear arrangements that are considered satisfactory.
12. The opportunity has also been taken to update the Order, in line with an organisational change, by deleting the title Deputy CEO and substituting the definition of General Manager, Maritime Operations.
Contents of the Order
13. Provision 1 provides the purpose of this Marine Order and the power to make this Marine Order, pursuant to the Navigation Act.
14. Provision 2 provides definitions of words and phrases used in the Marine Order.
15. Provision 3 provides an interpretation of words and phrases used in the Marine Order.
16. 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.
17. 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.
18. Provision 6 provides for an internal review by the General Manager, Maritime Operations of a decision made by the Manager, Ship Inspections or the Manager, Ship Operations and Qualifications under this Part. This provision also provides for an applicant to apply to the Administrative Appeals Tribunal for review of specified decisions made under this Part by the General Manager, Maritime Operations.
19. Provision 7 is a transitional provision to enable an exemption (granted or continued) or an approval made under Issue 6 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 6 of Part 25, to be deemed to comply with Issue 7. It also specifies requirements in relation to the replacement of equipment for these ships.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Provision 13 specifies equipment requirements for fishing vessels.
26. 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.
27. Appendix 2 specifies requirements additional to the LSA Code in respect to first‑aid outfits.
Documents incorporated by reference
- International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’), as amended;
- International Life-Saving Appliance Code (‘LSA Code’); and
- International Code of Signals,
The above publications 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
A list of distributors who maintain permanent stock of all IMO publications can be found on the IMO website.
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 email: international.relations@amsa.gov.au
Survival at Sea Instruction Manual may be purchased from CanPrint
CanPrint Information Services
PO Box 7456, Canberra MC ACT 2610
Telephone: 1300 889 873
Facsimile: (02) 6293 8333
E-mail: sales@infoservices.com.au.
Uniform Shipping Laws Code (‘USL Code’) may be purchased from:
National Marine Safety Committee (NMSC)
Level 5, 9-13 Young Street, Sydney NSW 2000
Telephone (02) 9247 2124
Facsimile: (02) 9247 5203
E-mail: secretariat@nmsc.gov.au
www.nmsc.gov.au
Australian Maritime Safety Authority
30 June 2010