EXPLANATORY NOTES
Marine Orders, Part 30
(Prevention of collisions)
Issue 7
Order No 4 of 2005
Authority
1. Subsection 425(1) of the Navigation Act 1912 (the 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 Act for or in relation to which provision may be made by the regulations.
3. Marine Orders, Part 30, Issue 7, was made pursuant to subsection 425(1AA) of the Navigation Act.
Purpose
4. Marine Orders Part 30 gives effect to the International Regulations for Preventing Collisions at Sea, 1972, and prescribes measures to be observed by ships for the prevention of collisions, and specifies lights and signals to be provided on a ship.
5. Marine Orders Part 30, Issue, 7 repeals Part 30, Issue 6, and amends typographical errors.
Consultation
6. AMSA considered that consultation with industry was not necessary as the changes to this issue of Part 30 are minor and mostly editorial in nature.
7. The Office of Regulation Review (ORR) was consulted in relation to the requirement for a mandatory Regulatory Impact Statement (RIS). ORR advised that a mandatory RIS was not required. ORR ID No.7208 confirms that the Government’s regulatory best practice requirements have been met.
Overview
8. The Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972 - consolidated edition 2002, published by the International Maritime Organization (IMO), contained some errors and consequently those errors were duplicated in the Appendix of Marine Orders Part 30, Issue 6. IMO subsequently corrected those errors in the 2003 consolidated edition of COLREG. This issue of Part 30 has been amended to incorporate those corrections and to reflect the current version of COLREG.
9. Some minor editorial corrections have also been made in this issue and the opportunity has been taken to reformat Provision 1 for clarification purposes.
Contents of the Order
10. Provision 1 indicates both the purpose of the Order and the power to make this Order, pursuant to the Navigation Act.
11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations, to enable proper understanding of the Order.
12. Provision 4 specifies the ships to which Part 30 applies.
13. Provision 5 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections. 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 in respect to his decision.
14. Provision 6, for the purposes of the International Regulations (defined in Provision 2 of this Order), specifies requirements in respect to lights, shapes, and sound signal appliances for Australian-registered ships and provides for the issuing, renewal and revocation of a Certificate of Approval in respect to these requirements.
15. Provision 7 for the purposes of the International Regulations, specifies requirements to be observed by ships in respect to the prevention of collisions, and provides for a determination to be made under Rule 1(e) of the International Regulations contained in the appendix of this Order.
16. The Appendix provides the International Regulations for Preventing Collisions at Sea, 1972.
Documents incorporated by reference
17. The following publications may be purchased from either:
the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone + 44 -20 7735 7611 – facsimile + 44 -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; Boat Books Australia, 214 St Kilda Road, St Kilda, VIC 3182 - telephone (03) 9525 3444; Boat Books Australia, 109 Albert Street, Brisbane, QLD, 4000 - telephone (07) 3229 6427; Web address: http://www.boatbooks-aust.com.au/.
- IMO’s publication Ship’s Routeing;
- the International Code of Signals;
- the Prevention of Collisions Convention;
- the International Regulations for Preventing Collisions at Sea, 1972.
Australian Maritime Safety Authority
June 2005