Explanatory Statement
Marine Order 34 Amendment 2011 (No. 1) (Solid bulk cargoes)
Authority
- Section 257 of the Navigation Act 1912 (the Navigation Act) provides that the regulations may provide for giving effect to the loading, stowing or carriage in ships of cargo, or for the unloading of cargo from ships.
- Subsection 425 (1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to that Act.
- Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in that Act for or in relation to which provision may be made by regulations.
Purpose
4. This instrument amends Marine Order Part 34, issue 6. It gives effect to the International Maritime Solid Bulk Cargoes Code (IMSBC Code) in Australia.
Overview
5. Items 1, 3, 4, 5, 12, 14, 18, 19, 20, 21 and 22 are amendments of a minor or technical nature.
6. Item 2 amends provision 1.1 to reflect changes made to SOLAS and the superseding of the BC Code by the IMSBC Code.
7. Items 6, 7, 8, 9 and 10 amend definitions used in the Order due to the introduction of the IMSBC Code and Marine Order 1, issue 2 (Administration).
8. Item 11 amends the interpretation provision to clarify the meaning of competent authority in the IMSBC Code, the meaning of Administration and an organisation recognised by the Administration in SOLAS.
9. Item 13 amends provision 5 to be consistent with Marine Order 1, issue 2 (Administration).
10. Item 15 amends provisions 7 to 12 to reflect the introduction of the IMSBC Code:
(a) Provision 7 imposes requirements for the loading, stowage, carriage and unloading of solid bulk cargoes.
(b) Provision 7A imposes a requirement for there to be in place a loading and unloading plan before solid bulk cargo is loaded or unloaded from a ship. The plan must be kept by the terminal representative.
(d) Provision 7B imposes a requirement for loading and unloading to be in accordance with the plan.
(e) Provision 8 requires the shipper to give notice of intention to ship solid bulk cargo to the surveyor at the AMSA office and a copy to the master. Group A or Group B solid bulk cargo as defined in the IMSBC Code, cannot be loaded on the ship if the master has not received a copy of the notice.
(f) Provision 8A gives the master the discretion to load onto a ship solid bulk cargo that is not listed in Appendix I of the IMSBC Code, if the Manager, Ship Inspection approves it.
(g) Provision 9 imposes requirements for the provision of information mentioned in the IMSBC Code to the master.
(h) Provision 10 requires the master of a ship carrying solid bulk cargo or dangerous goods in solid form in bulk to keep on board a copy of the medical guide supplement to the IMDG Code.
(i) Provision 11 prohibits taking or sending to sea a ship with solid bulk cargo having a moisture content higher than the transportable moisture limit for the cargo as defined in the IMSBC Code. There are exceptions for approved ships.
(j) Provision 12 empowers the Manager, Ship Inspection and Registration to set requirements additional to those in the IMSBC Code to ensure the safety of persons or the proper carriage of cargo.
11. Item 16 inserts provisions 13.1.4 and 13.1.5.
(a) Provision 13.1.4 empowers a surveyor, if a surveyor considers that the loading or unloading of a solid bulk cargo is not in compliance with Marine Order Part 34 or is inconsistent with the IMSBC Code, to direct an appropriate person for the ship that cargo operations are to cease until certain conditions are met.
(b) Provision 13.1.5 prohibits the appropriate person from permitting loading or unloading to occur or continue in contravention of the direction.
12. Item 17 substitutes provisions 15 and 16.
(a) Provision 15 requires the master or other person having charge of a ship to which Part IV of the Navigation Act applies to rep ort particulars of an incident involving the loss or likely loss overboard of dangerous goods in solid form in bulk.
(b) Provision 16 requires the master of a ship intending to arrange for fumigation of any cargo hold when the ship is in a port to, within 72 hours before arriving in the port, give to AMSA certain information about the ship.
13. Item 17 substitutes provisions 15 and 16.
Consultation
14. A copy of the draft of this instrument was circulated to:
- Accord Australasia Ltd
- AITAC Pty Ltd
- American Bureau of Shipping
- ARC Maritime
- Australian Forum of Explosives Regulators
- Australian Maritime College
- Australian Shipowners Association
- AWB Ltd
- BHP Billiton Ltd
- Bureau Veritas
- Challenger TAFE
- China Classification Society
- Coal Exporting Terminal Operators Association
- Coles
- Company of Master Mariners Association
- Currie Associates
- Customs Brokers and Forwards Council of Australia
- Dale Cole and Associates Pty Ltd
- Dalrymple Bay Coal Terminal Pty Ltd
- Department of Infrastructure and Transport
- Department of Infrastructure, Energy, Resources, Tasmania
- Department of Resources, Energy and Tourism
- Department of Transport Victoria
- Department of Transport WA
- Det Norske Veritas
- Flinders Sports
- Germanischer Lloyd
- Gladstone Ports Corporation Ltd
- Globelink Australia
- Haylock Marine
- Haztech Environmental
- Hetherington Kingsbury Shipping Agency
- Incitec Pivot
- Korean Register of Shipping
- Lloyds Register
- Mineral Council of Australia
- Nippon Kaiji Kyokai
- NSW TAFE
- Plastics and Chemicals Industry Association
- Ports Australia Ltd
- Rio Tinto
- Royal Institute of Naval Architects
- Seafreight Council of Queensland Ltd
- Sea Freight Council of NSW Inc
- Shipping Australia Ltd
- Tasmanian Chamber of Commerce and Industry
- Toll Holdings Pty Ltd
- Transport and Logistics Centre
- Vessel Operators Hazardous Materials Organisation
- Wesfarmers Ltd
- Western Australian Fishing Industry Council
15. A copy of the draft was also placed on the AMSA website for public comment.
Document incorporated by reference
16. International Maritime Solid Bulk Cargoes Code adopted by the Maritime Safety Committee of the IMO by resolution MSC.268 (85), as defined in Chapter VI of SOLAS, available through the IMO website at http://www.imo.org.
Commencement
17. This instrument commences on the day after it is registered.
Legislative instrument
18. This instrument is a legislative instrument for the Legislative Instruments Act 2003.
Making the instrument
19. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Safety Act 1990.