Marine Orders Part 34 Amendment (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L02516 Not in force Legislative Instrument

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Explanatory Statement

Marine Order 34 Amendment 2011 (No. 1) (Solid bulk cargoes)

Authority

  1.    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.
  2.    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.
  3.    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.

 

Overview

The Marine Order 34 Amendment 2011 (No. 1) (Solid bulk cargoes) was enacted to address the need for updating and aligning Australian maritime regulations with the International Maritime Solid Bulk Cargoes Code (IMSBC Code). This amendment was introduced to ensure the safety and efficiency of the carriage of solid bulk cargoes in ships, reflecting international standards and practices. Authorised by Section 425(1AA) of the Navigation Act 1912, the Australian Maritime Safety Authority (AMSA) was tasked with making this legislative instrument to implement the IMSBC Code within Australian maritime operations. The policy objective is to enhance maritime safety, protect the environment, and ensure the proper handling of solid bulk cargoes, thereby mitigating risks associated with the transportation of these materials.

Scope and Application

The Marine Order 34 Amendment 2011 (No. 1) (Solid Bulk Cargoes) applies to all ships, ship operators, and relevant personnel involved in the loading, stowage, carriage, and unloading of solid bulk cargoes in Australia. This amendment extends to ships registered in Australia and those that are foreign-registered but operating in Australian waters. It is applicable to the maritime industry, specifically those involved in the handling and transportation of solid bulk cargoes, including shipmasters, ship surveyors, and terminal representatives. The amendment is designed to ensure compliance with the International Maritime Solid Bulk Cargoes Code (IMSBC Code) in Australia, aligning national regulations with international maritime safety standards. The instrument is made under the authority of Section 257 of the Navigation Act 1912 and allows for the creation of regulations by the Governor-General or orders by the Australian Maritime Safety Authority (AMSA). The amendments include changes to definitions and procedural requirements to reflect the adoption of the IMSBC Code, and it also allows for additional requirements to be set by the Manager, Ship Inspection and Registration to ensure safety and compliance.

Key Provisions

The primary operative sections of the Marine Order 34 Amendment 2011 (No. 1) (Solid bulk cargoes) relate to the implementation of the International Maritime Solid Bulk Cargoes Code (IMSBC Code) in Australia. Section 7 (subsections 7 to 12) imposes requirements for the loading, stowage, carriage, and unloading of solid bulk cargoes. It also mandates that a loading and unloading plan must be in place and adhered to (subsections 7A and 7B). Additionally, shipmasters must receive notice of intention to ship solid bulk cargoes (subsection 8), and they have discretion to load cargo not listed in Appendix I of the IMSBC Code if approved by the Manager, Ship Inspection (subsection 8A). Other requirements include providing information mentioned in the IMSBC Code to the master (subsection 9) and carrying a copy of the medical guide supplement to the IMDG Code on board (subsection 10). The master is also prohibited from taking or sending to sea a ship with solid bulk cargo exceeding the transportable moisture limit defined in the IMSBC Code, except for approved ships (subsection 11). The Manager, Ship Inspection and Registration is empowered to set additional requirements for safety (subsection 12). Provisions 13.1.4 and 13.1.5 have been added, allowing surveyors to cease cargo operations if non-compliant with Marine Order Part 34 or the IMSBC Code, and prohibiting continued operations in contravention of such directions (subsections 13.1.4 and 13.1.5). The Marine Order imposes several obligations on the parties and entities it governs. Shippers must provide notice of intention to ship solid bulk cargo to the surveyor at the Australian Maritime Safety Authority (AMSA) office and a copy to the master, ensuring compliance with the IMSBC Code (subsection 8). The master is responsible for receiving this notice and must have discretionarily approved cargo not listed in Appendix I of the IMSBC Code by the Manager, Ship Inspection (subsection 8A). Shipmasters are also required to keep a copy of the medical guide supplement to the IMDG Code on board when carrying solid bulk cargo or dangerous goods in solid form in bulk (subsection 10). Furthermore, the master must comply with the loading and unloading plan and adhere to the provisions set forth in the IMSBC Code, including moisture content limits and information provision requirements (subsections 7 to 12). Surveyors have the authority to direct the cessation of cargo operations if they find non-compliance with Marine Order Part 34 or the IMSBC Code (subsection 13.1.4). The Marine Order includes provisions for offences, penalties, or civil/criminal consequences for breaches. The primary consequences for non-compliance with the Marine Order are the cessation of cargo operations by surveyors if non-compliance is identified (subsection 13.1.4). Additionally, the master or other person in charge of a ship must report particulars of an incident involving the loss or likely loss overboard of dangerous goods in solid form in bulk (subsection 15). Failure to comply with the provisions of the Marine Order may result in enforcement actions by the Australian Maritime Safety Authority, including fines and other penalties as prescribed by law. However, the specific maximum penalties for breaches are not explicitly stated in the Marine Order itself but are generally outlined in the Navigation Act 1912 and other relevant legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.