Overview

The Marine Orders Part 34 (Solid Bulk Cargoes) Issue 6 – Amendment, Order No 5 of 2007, was enacted to correct a drafting oversight in the original order concerning the scope of notification for the shipment of cargoes. This amendment addresses the issue where the original provision 7.1 mistakenly included notification requirements for all Appendix 1 cargoes of the revised Bulk Cargoes Code, rather than just Group A or B cargoes. The amendment was made under the authority granted by subsection 425(1AA) of the Navigation Act, which empowers the Australian Maritime Safety Authority (AMSA) to make orders regarding matters in the Navigation Act. The policy objective of this amendment is to ensure that the notification requirements align with the intended scope of Group A or B cargoes as per the revised Bulk Cargoes Code. This amendment was considered minor and corrective, thus external consultation was deemed unnecessary. The changes came into effect on 12 November 2007, aiming to rectify the oversight and improve the clarity and accuracy of the regulations concerning the loading, stowing, carriage, and unloading of solid bulk cargoes.

Scope and Application

Marine Orders Part 34, Issue 6 – Amendment, Order No 5 of 2007, is an Australian legislation that applies to the loading, stowing, carriage, and unloading of solid bulk cargoes on ships. The amendment was made to correct a drafting oversight in provision 7.1 of Issue 6 concerning the scope of notification for shipment of cargoes. The amendment applies to all operators, masters, or agents of ships who are responsible for the notification of Group A or B cargoes of Appendix 1 of the revised BC Code. The amendment has a national reach as it is a Commonwealth legislation. The amendment does not exclude or exempt any person, entity, industry, conduct, or transactions from its application. However, it should be noted that the amendment only corrects a drafting error and does not extend or restrict the application of the Marine Orders Part 34 beyond its original scope. The amendment came into operation on 12 November 2007, and was made pursuant to subsection 425(1AA) of the Navigation Act.

Key Provisions

The Marine Orders Part 34, Issue 6 – Amendment, Order No 5 of 2007, primarily addresses the correction of a drafting oversight in provision 7.1 of Issue 6 concerning the scope of notification for the shipment of cargoes. This amendment was necessary to ensure that the notification requirement by an operator, master, or agent of a ship relates correctly to Group A or B cargoes of Appendix 1 of the revised BC Code, rather than all Appendix 1 cargoes as initially drafted. This amendment came into operation on 12 November 2007. The main operative sections of this amendment include provisions 3.1 to 3.9, which respectively clarify the matters for which orders may be made, correct a reference to a relevant regulation, provide additional definitions, and simplify or clarify the wording of certain provisions. This Act imposes specific obligations on parties involved in the shipment of solid bulk cargoes. For instance, operators, masters, or agents of a ship must ensure that the correct notification procedures are followed for Group A or B cargoes as per Appendix 1 of the revised BC Code. Additionally, they must adhere to the safety standards and practices outlined in the BC Code and other relevant regulations. These obligations are crucial for maintaining the safety and security of the cargo and the vessel during loading, stowage, and unloading operations. The Marine Orders Part 34, Issue 6 – Amendment, Order No 5 of 2007, does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, breaches of the underlying regulations and standards it enforces, such as the SOLAS and BC Code, could result in penalties. For instance, failure to comply with SOLAS regulations may lead to enforcement actions by AMSA, including fines and potential legal proceedings. The exact penalties for non-compliance would depend on the specific breach and the relevant maritime regulations.