EXPLANATORY NOTES
Marine Orders, Part 32
(Cargo Handling Equipment)
Issue 2 (Amendment)
Order No 7 of 1999
Authority
1. Section 425(1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV and VB of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 32, Issue 2, Amendment, was made pursuant to Section 425 (1AA).
Gazettal
4. This amendment of Marine Orders Part 32 was gazetted in the Commonwealth of Australia Gazette, Government Notices 10 March 1999.
Purpose
5. Marine Orders Part 32, Issue 2:
- prescribes matters in relation to the loading and unloading of cargo and the safe transfer of persons, from ships, off-shore industry vessels and off-shore industry mobile units, for the purposes of Provisions 425(1), 283D(1)(b), 283E(1)(b) and 283E(1)(c)(xiii) of the Navigation Act.
- gives effect to the International Labour Organization (ILO) conventions, No 152 Occupational Safety and Health (Dock Work) 1979 and No 27, Marking of Weight (Packages Transported by Vessels) 1929. It also gives effect to the ILO Code of Practice, Safety and Health in Dock Work, and ILO Recommendation 160, Occupational Safety and Health (Dock Work) 1979.
6. Marine Orders Part 32, Issue 2, Amendment:
- amends Issue 2;
- updates text to clarify responsibilities of persons involved in the loading and unloading of cargo.
Consultation
7. The previous amendment to Part 32, Issue 2, (Order No 2 of 1999) gave effect to an agreement between AMSA and the Inspector of Marine Accidents on standardisation of particular forms within the Marine Orders.
8. This amendment to Part 32 clarifies the responsibility of persons involved in providing the required information on those forms. In view of the mechanical nature of this amendment detailed consultation with industry was not considered necessary.
Overview
9. The amendment clarifies the responsibilities, both of the person in charge and the master of a ship, in respect of the reporting of an accident in connection with the loading and unloading of cargo.
Contents of the Order
10. Provisions 1 to 8 have not been amended.
11. Provision 9 provides for the appointment of a person in charge of the loading or unloading of a ship and specifies the responsibilities of the person in charge in relation to safe handling of cargo and safety of personnel. This provision has been amended to clarify the master's requirements for submitting both an initial and full report of an incident, upon advice from the person in charge.
12. Provision 10 to Appendix 23 has not been amended.
Australian Maritime Safety Authority
March 1999
Overview
The Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 (Amendment) Order No 7 of 1999 was enacted to address the need for updated and clarified responsibilities regarding the loading, unloading, and safe transfer of personnel from ships, offshore industry vessels, and offshore industry mobile units. This amendment was made under Section 425(1AA) of the Navigation Act 1912, which allows the Australian Maritime Safety Authority (AMSA) to issue orders concerning matters outlined in Part IV and VB of the Act. The objective of this amendment is to provide clarity on the responsibilities of individuals involved in cargo handling, ensuring compliance with International Labour Organization (ILO) conventions and codes, as well as to standardise particular forms within the Marine Orders. This legislative amendment was gazetted in the Commonwealth of Australia Gazette on 10 March 1999, and while it did not require detailed consultation with the industry due to its mechanical nature, it serves to enhance safety and operational efficiency in maritime cargo handling activities.
Scope and Application
The Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 (Amendment) Order No 7 of 1999 applies to individuals and entities involved in the loading and unloading of cargo from ships, offshore industry vessels, and offshore industry mobile units. This includes the person in charge of cargo handling and the master of a ship. It aims to ensure the safe transfer of persons and cargo, aligning with the Navigation Act 1912, and implements international standards set by the International Labour Organization, such as Occupational Safety and Health (Dock Work) 1979 and Marking of Weight (Packages Transported by Vessels) 1929. The scope of this amendment extends to the entire Commonwealth of Australia, as it is made under the authority of the Australian Maritime Safety Authority (AMSA) and is gazetted under the Navigation Act 1912. The amendment updates and clarifies the responsibilities of those involved in the reporting and management of cargo handling incidents, particularly focusing on the roles of the person in charge and the master of the ship in ensuring that both initial and full incident reports are submitted as required.
Key Provisions
The primary sections of the Marine Orders, Part 32 (Cargo Handling Equipment) Issue 2 (Amendment) Order No 7 of 1999, provide the legislative framework for the safe loading and unloading of cargo, and the safe transfer of persons from ships, offshore industry vessels, and offshore industry mobile units. These provisions are instrumental in ensuring compliance with the Navigation Act 1912 and the associated International Labour Organization (ILO) conventions and codes. Specifically, section 9 of the amendment focuses on the responsibilities of the person in charge of loading or unloading cargo, detailing the requisite reporting procedures in the event of an incident, and section 10 outlines the responsibilities of the master of the ship in relation to cargo handling and safety. These sections are critical in delineating the roles and obligations of personnel involved in these activities.
The obligations imposed by this Act include the requirement for the person in charge of loading or unloading cargo to ensure that all safety protocols are followed and that any incidents are promptly reported to the master of the ship. The master, in turn, has the responsibility to ensure that a full report is submitted to the relevant authorities upon receiving notification of an incident from the person in charge. These obligations are designed to maintain a high standard of safety and operational efficiency in maritime cargo handling. The Act also mandates the use of standardised forms to report incidents, as agreed upon by the Australian Maritime Safety Authority (AMSA) and the Inspector of Marine Accidents.
Failure to comply with the provisions of this Act can lead to significant legal consequences. The Navigation Act 1912 provides for both civil and criminal penalties for breaches of the Marine Orders. For instance, under section 283E, an individual found guilty of not adhering to the safety and handling requirements may face fines or imprisonment. The exact penalties can vary based on the severity of the breach, but they are intended to enforce strict adherence to safety protocols and ensure that any incidents are appropriately reported and managed. The amendments made in Issue 2, Amendment, specifically aim to enhance clarity in reporting responsibilities, thereby reducing the likelihood of non-compliance and its associated penalties.