EXPLANATORY NOTES
Marine Orders, Part 35
(Additional safety measures for bulk carriers)
Issue 1
Order No 2 of 2004
Authority
1. Subsection 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 Act.
2. Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority 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 35, Issue 1 was made pursuant to subsection 425(1AA).
Gazettal
4. This issue of Marine Orders Part 35 was gazetted in the Commonwealth of Australia Gazette, Government Notices Wednesday 12 May 2004.
Purpose
5. Marine Orders Part 35 gives effect to Chapter XII (Additional safety measures for bulk carriers) of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) for the purposes of the Navigation Act.
Consultation
6. A copy of the draft of Part 35 was circulated to relevant AMSA managers, Shipping Australia Limited, Australian Shipowners Association and recognised class societies for comment. All appropriate comments were considered. A copy of the draft was also placed on the AMSA internet site for public comment.
Overview
7. In view of recent amendments to Chapters XI and XII of SOLAS, Marine Orders Part 18 was recently reviewed. It was decided that Part 18, Issue 1 (Bulk carriers and tankers) be split into two separate Orders, namely, Part 18, Issue 2 (Measures to enhance maritime safety) and Part 35, Issue 1 (Additional safety measures for bulk carriers). Part 18, Issue 2, will give effect to SOLAS Chapter XI-1 (special measures to enhance maritime safety) and Part 35, Issue 1, will give effect to SOLAS Chapter XII (additional safety measures for bulk carriers).
8. IMO Resolution MSC 134(76) adopted amendments to SOLAS Chapter XII, which shall enter into force also on 1 July 2004. The two new SOLAS regulations 12 and 13 are added after the existing SOLAS regulation 11. The new regulations are in relation to fitting of water level detectors and availability of pumping systems in bulk carriers.
Contents of the Order
9. Provision 1 indicates the purpose for which this Order has been made.
10. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations both of which are necessary for proper understanding of the Order.
11. Provision 4 specifies the ships to which this Part applies.
12. Provision 5 provides for the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus or type, that is, at least, effective as that required under the Part. Provision 5 also provides for the exemption of a ship from compliance with a provision of this Part. This provision does not provide for an exemption or equivalent that would contravene SOLAS.
13. 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.
14. Provision 7 specifies that bulk carriers must comply with Chapter XII of SOLAS and also provides additional requirements and amplifications. Provisions 7.2.1.and 7.2.2 are penal provisions (previously contained in Marine Orders Part 18, Issue 1) that prohibit the loading of cargo of a density of 1780 kg/m3 or more if a ship does not comply with either Regulation 6 or 7 of Chapter XII of SOLAS in relation to loading that cargo.
Australian Maritime Safety Authority
May 2004