EXPLANATORY NOTES
Marine Orders, Part 34
Solid bulk cargoes
Issue 5
Order No 7 of 2003
Authority
1. Section 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. Section 425(1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 34, Issue 5, was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 17 December 2003.
Purpose
5. Marine Orders Part 34 gives effect to Regulations 2, 6 and 7 of Chapter VI of SOLAS, to the Code of Safe Practice for Solid Bulk Cargoes (BC Code) referred to in Chapter VI of SOLAS, to Chapter VII-A1 of SOLAS, and generally makes provision for the loading, stowing, carriage and unloading of solid bulk cargoes.
6. Marine Orders Part 34, Issue 5, repeals Issue 4 and gives effect to amendments to Chapter VII of SOLAS, effective January 2004.
Consultation
7. A copy of the draft text of this Issue was circulated to relevant AMSA managers, Australian Shipowners Association, Shipping Australia Limited, Department of Transport and Regional Services, and members of the Bulk Cargoes Advisory Group for comment. The draft was also placed on the AMSA internet website for public comment. Responses from all sources were reviewed and relevant comments were taken into consideration with respect to this issue of Part 34.
Overview
8. Marine Orders Part 34 makes provision for the loading, stowing, carriage and unloading of solid bulk cargoes and gives effect to SOLAS Regulation VI/2 (cargo information), Regulation VI/6 (acceptability of shipment), and Regulation VI/7 (loading, unloading and stowage of bulk cargo), to the BC Code referred to in Chapter VI of SOLAS, and to Part A-1 (carriage of dangerous goods in solid form in bulk) of Chapter VII of SOLAS.
9. Amendments to Chapter VII of SOLAS, adopted by IMO Resolution MSC.123(75), enter into force 1 January 2004. This issue of Marine Orders Part 34 gives effect to these amendments. The opportunity has also been taken to amend/update some provisions of Part 34 in line with current drafting standards.
Contents of the Order
10. Provision 1 indicates the purpose for which this Order has been made.
11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations. Both are necessary for proper understanding of the Order.
12. Provision 4 specifies the type of ship involved in the loading, stowing, carriage and unloading of solid bulk cargoes to which this Part applies.
13. Provision 5 provides for the exemption of a ship, or a particular cargo, from compliance with a provision of this Part or the BC Code.
14. Provision 5 also provides for the application of provisions of this Part to be modified in respect of a ship or a cargo, and for the acceptance of an equivalent fitting, material, appliance or apparatus or type that is at least as effective as that required under the Part or by the BC Code.
15. Provision 5 does not permit an exemption or equivalent that would contravene SOLAS.
16. Provision 6 provides for an internal review by the General Manager of a decision made by the Chief Marine Surveyor 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.
17. Provision 7.1 specifies particular information that is to be provided in a signed notice to the surveyor-in-charge by the owner, master or agent of a ship, prior to the loading of solid bulk cargo. It also specifies the particular regulation of SOLAS with which the notice must comply and when this notice is to be provided in relation to the loading of dangerous goods in solid form in bulk.
18. Provision 7.2 specifies that the master of a ship must not allow the loading of solid bulk cargo until the notice has been provided in accordance with Provision 7.1. This is a penal provision.
19. Provision 8.1.1 prescribes particular information that is to be provided to the master of a ship, prior to the loading of solid bulk cargoes at a port in Australia, and also specifies the form in which it is to be provided.
20. Provision 8.1.2 specifies the SOLAS regulation with which the information pertaining to the loading of dangerous goods in solid form in bulk must comply.
21. Provision 8.1.3 prohibits the loading of solid bulk cargo on a ship prior to the information required by Provision 8.1.1 being provided. This is a penal provision.
22. Provision 8.2 specifies sampling and testing requirements in relation to Provision 8.1.1.
23. Provision 9 prescribes the circumstances when a copy of the Medical First-Aid Guide for Use in Accidents Involving Dangerous Goods is required to be on board a ship. This is a penal provision.
24. Provision 10.1 prohibits a person sending or taking a ship to sea with solid bulk cargo when the moisture content of that cargo exceeds the transportable moisture limit specified in the BC Code. This is a penal provision.
25. Provision 10.2 allows an exemption from 10.1 where the ship is specially fitted or constructed as certified by the Authority of its country of registration.
26. Provision 10.3 1 provides for the Chief Marine Surveyor to approve an Australian registered ship as being especially fitted or specially constructed cargo ship complying with provisions 7.2.2 or 7.2.3 of the BC Code (which ever provision is appropriate).
27. Provision 10.3.2 prescribes the information, drawings and calculations to be submitted with an application for obtaining an approval under Provision 10.3.1.
28. Provision 11 prescribes a number of penal provisions in association with the loading, unloading, trimming and stowing of solid bulk cargoes.
29. Provision 12 provides for the Chief Marine Surveyor to require certain precautions, additional to those specified in the BC Code, to be taken in relation to a particular ship or solid bulk cargo.
30. Provision 12.3 prohibits a person from loading, stowing, trimming or carrying cargo in respect of which the Chief Marine Surveyor has required additional precautions to be observed, except in accordance with those additional precautions. This is a penal provision.
31. Provisions 13.1.1 and 13.1.2 specify inspection requirements to be undertaken by a surveyor to ensure loading compliance of a ship with this Part.
32. Provision 13.1.3 specifies that the master of a ship must ensure that the surveyor be given necessary access to a ship for the purposes of Provisions 13.1.1 and 13.1.2. This is a penal provision.
33. Provisions 13.2.1 and 13.2.2 provide for the Chief Marine Surveyor to require further information, sampling and testing of cargoes to ensure that a cargo can be loaded and carried safely on a ship.
34. Provision 13.3.3 is a penal provision that disallows a person from loading a solid bulk cargo prohibited by the Chief Marine Surveyor under Provision 13.3.2.
35. Provision 13.4.1 specifies that the master of a ship must allow a surveyor to inspect a ship where the BC Code requires such consultation, approval or permission.
36. Provision 13.4.2 provides for the Chief Marine Surveyor to prohibit the loading of a solid bulk cargo until Provision 13.4.1 has been complied with.
37. Provision 13.4.3 disallows a person from loading a solid bulk cargo prohibited by the Chief Marine Surveyor under Provision 13.4.2. This is a penal provision.
38. Provision 14.1 specifies requirements in respect to demonstrations of the allowable still water shear force and bending moments prior to the loading of a ship.
39. Provision 14.2 provides for the Chief Marine Surveyor to prohibit the loading of solid bulk cargo until Provision 14.1 has been complied with.
40. Provision 14.3 disallows a person from loading a solid bulk cargo prohibited by the Chief Marine Surveyor under Provision 14.2. This is a penal provision.
41. Provision 15.1 prescribes reporting requirements in respect of loss or likely loss overboard of dangerous good in solid form in bulk. This is a penal provision.
42. Provision 15.2 prescribes reporting requirements where a ship reporting under 15.1 is abandoned, or has submitted an incomplete report or a report is unobtainable. This is a penal provision.
43. The Appendix provides an amplification of the Code of Safe Practice for Solid Bulk Cargoes.
Australia Maritime Safety Authority
December 2003