Marine Orders - Part 33: Cargo and cargo handling—grain, Issue 4

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Legislation au F2005L01209 Not in force Legislative Instrument

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EXPLANATORY NOTES

Marine Orders, Part 33

(Cargo and cargo handling—grain)

Issue 4

Order No 3 of 2005

 

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 matter in Part IV of the Act for or in relation to which provision may be made by the regulations.

 3. Marine Orders, Part 33, Issue 4, was made pursuant to subsection 425(1AA).

 

Purpose

 

 4. Marine Orders Part 33, Issue 4, prescribes matters relating to the stowage and carriage of grain for the purposes of Part IV of the Navigation Act, and gives effect to Part C (Carriage of grain) of Chapter VI (Carriage of cargoes) of the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended.

 

 5. This Issue repeals Issue 3 and gives effect to amendments in relation to the notification of loading or discharging grain, to, or from a ship and associated inspection requirements. An amendment has also been made with respect to the fumigation of cargo space.

 

Registration

 

 6. Issue 4 of Part 33, together with these Explanatory Notes, were registered on the Federal Register of Legislative Instruments on 19 May 2005.

 

Consultation

 

 7. The draft text was circulated to Shipping Australia Limited, Australian Shipowners Association and the Bulk Cargo Advisory Group for comment. The text was also placed on the AMSA website for public comment.

 

 8. The Office of Regulation Review (ORR) was also consulted in relation to the requirement for a mandatory Regulatory Impact Statement (RIS) ORR advised that a mandatory RIS was not required.

 

Overview

 

9. Amendments to Part 33 have been made to introduce a revised notification and inspection process with respect to the loading, or sailing after partial discharge, of bulk grain.  The amendments are to enable a risk-managed approach to compliance monitoring of the International Grain Code.

 

Contents of the Order

 

10. Provision 1 provides both the purpose of the Order and the power to make the 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 this Part applies and those to which this Part does not apply.

 

13. 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 thereof, that is, at least, effective as that required under the Part. Such exemptions or equivalents can only be allowed if they would not contravene SOLAS.

 

14. Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, in AMSA, under this Part. This provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.

 

15. Provision 7 provides for the mandatory application of SOLAS and that of the International Code for the Safe Carriage of Grain in Bulk (International Grain Code) in respect of the loading, stowage and carriage of bulk grain. It also provides fumigation requirements and for exemptions of a ship from stability requirements for certain voyages provided the ship complies with the requirements specified in the Appendix.

 

16. Provision 8 specifies that a document of authorization must comply with the International Grain Code.

 

17. Provision 9.1.1 specifies notification requirements that the master of a ship must comply with prior to the loading of grain. Provision 9.1.2 provides for the approval of a shorter notification period to be given by the master. Provision 9.2.1 is a penal provision that prohibits the master of the ship from permitting grain to be loaded if the required notification has not been given, or if an inspection of the ship is required.  Provision 9.2.2, specifies that, following an inspection of the ship required by a surveyor, the loading of grain may commence only upon advice from that surveyor

 

18. Provision 10.1.1 specifies notification requirements that the master of a ship must comply with prior to sailing after the partial discharge of grain at an Australian port. Provision 10.1.2 provides for the approval of a shorter notification period to be given by the master. Provision 10.2 is a penal provision that prohibits the master from taking the ship to sea if the required notification has not been given, or if an inspection of the ship is required. Provision 10.3 specifies that, following an inspection of the ship required by a surveyor, the ship may sail only upon advice from that surveyor.

 

19. The Appendix provides exemptions for ships undertaking particular sheltered water voyages.

 

Documents incorporated by reference

 

The following publications may be purchased from either:

 the International Maritime Organization (IMO), 4 Albert Embarkment, London SE1 7SR – telephone + 44 -20 7735 7611 – facsimile + 44 -20 7587 3210. – IMO web site: http://www.imo.org ,

or from,

 BoatBooks, 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;  BoatBooks, 214 St Kilda Road, St Kilda, VIC 3182 - telephone (03) 9525 3444; BoatBooks 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 Grain Code;
  • IMO Recommendations on the Safe Use of Pesticides on Ships.

 

 

 

 

Australian Maritime Safety Authority

May 2005

Overview

The Marine Orders, Part 33 (Cargo and cargo handling—grain), Issue 4, enacted in 2005, is a legislative instrument made under the Navigation Act 1912 by the Australian Maritime Safety Authority (AMSA). This order addresses the need to regulate the stowage and carriage of grain at sea, ensuring compliance with the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, and the International Code for the Safe Carriage of Grain in Bulk. The enactment was driven by the necessity to update the regulatory framework concerning the notification and inspection processes for the loading and discharging of bulk grain, and to introduce a risk-managed approach to compliance monitoring. This approach is intended to enhance the safety and efficiency of maritime grain transport while adhering to international standards. The order outlines the requirements for shipmasters to notify AMSA before loading or discharging grain, with specific provisions for shorter notification periods and inspections. It also includes penalties for non-compliance and exemptions for certain types of voyages. By incorporating these measures, the legislation aims to streamline processes, reduce bureaucratic burdens, and ultimately safeguard maritime safety and environmental protection in the handling of grain cargo.

Scope and Application

The Marine Orders, Part 33 (Cargo and cargo handling—grain), Issue 4, made under the Navigation Act 1912, applies to the stowage and carriage of grain on ships to ensure compliance with the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended, and the International Code for the Safe Carriage of Grain in Bulk. These Orders specifically apply to ships engaged in the carriage of grain, whether bulk or otherwise, and regulate the procedures related to the loading, stowage, and carriage of grain. The Orders apply to ships registered in Australia and those foreign ships entering Australian waters, thus encompassing a broad jurisdictional reach that includes Commonwealth waters. However, certain ships may be exempted from specific provisions if they meet the safety and effectiveness criteria set out in the Orders and do not contravene SOLAS. The Orders allow for subordinate instruments to extend or clarify their application, ensuring that they remain relevant and effective in practice. The Orders do not apply to ships exempted under specific provisions that ensure they are at least as effective as those required by the Orders, and any exemptions or equivalents must not contravene SOLAS.

Key Provisions

The main operative sections of the Marine Orders, Part 33, Issue 4, establish the requirements for the stowage and carriage of grain on ships, ensuring compliance with the International Convention for the Safety of Life at Sea (SOLAS) 1974 and the International Code for the Safe Carriage of Grain in Bulk (International Grain Code). Section 1 outlines the purpose of the Order and the authority under which it is made, while Section 2 provides definitions and interpretations necessary for understanding the provisions. Section 4 specifies the scope of the Order, identifying which ships are subject to its requirements and which are exempt. Section 5 allows for exemptions from certain provisions if equivalent measures are in place and do not contravene SOLAS. Section 6 details the internal review process within AMSA and the possibility of review by the Administrative Appeals Tribunal. Section 7 mandates the application of SOLAS and the International Grain Code for the loading, stowage, and carriage of bulk grain, along with fumigation requirements and exemptions from stability requirements for certain voyages. The Marine Orders impose several obligations on the parties involved, particularly ship masters and AMSA. Ship masters must comply with notification requirements before loading or sailing after partial discharge of grain, and they must ensure that required inspections are carried out. If inspections are necessary, masters cannot load or sail until the surveyor provides advice. AMSA, on the other hand, is responsible for enforcing the provisions of the Order, including the approval of shorter notification periods and the inspection of ships as needed. AMSA also has the authority to exempt ships from certain requirements if equivalent measures are in place. Breaches of the Marine Orders can result in civil and criminal consequences. For instance, Section 9.2.2 and Section 10.2 contain penal provisions that prohibit masters from loading grain or sailing without the required notification or inspection, respectively. These provisions serve as deterrents against non-compliance, ensuring that safety standards are upheld. The maximum penalties for these offences are not specified in the Order itself but would generally be determined by the Navigation Act 1912 and other relevant legislation. These penalties can include fines and, in severe cases, imprisonment for individuals found guilty of contravening the Order.

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