Marine Orders - Part 35: Additional safety measures for bulk carriers, Issue 1 (Order No. 2 of 2004)

Overview

The Marine Orders, Part 35, Issue 1, was introduced in 2004 under the Navigation Act 1912 to implement Chapter XII of the International Convention for the Safety of Life at Sea (SOLAS) in Australia, specifically targeting additional safety measures for bulk carriers. This Order was made by the Australian Maritime Safety Authority (AMSA) to ensure compliance with international maritime safety standards. The primary objective is to enhance safety measures for bulk carriers, reflecting the latest amendments to SOLAS, particularly focusing on the fitting of water level detectors and availability of pumping systems in these vessels. The Order was developed through consultations with relevant stakeholders and was made publicly available for comments before finalisation. It ensures that Australian bulk carriers meet the stringent safety requirements set forth by the IMO, thereby safeguarding maritime operations and crew safety.

Scope and Application

The Marine Orders, Part 35, Issue 1 applies to all bulk carriers that are subject to the Navigation Act 1912 and are operated within the Australian maritime jurisdiction. These orders are designed to ensure that these vessels adhere to the International Convention for the Safety of Life at Sea, 1974 (SOLAS) Chapter XII, which pertains to additional safety measures for bulk carriers. The scope of this legislation encompasses the necessary safety standards and operational requirements that bulk carriers must meet to safeguard human life and the environment. This includes detailed specifications on the installation and maintenance of water level detectors and pumping systems, as mandated by the recent amendments to SOLAS Chapter XII. The application of these orders can be modified in certain circumstances to accommodate equivalent safety measures or exemptions, provided they do not contravene the provisions of SOLAS. Decisions regarding compliance and modifications can be reviewed internally by the General Manager or externally by the Administrative Appeals Tribunal, with a requirement for decision-makers to provide reasons for their decisions upon request.

Key Provisions

The primary operative sections of this Order are those that establish the purpose and scope of the legislation, and those that detail the specific requirements and obligations under the Order. Provision 1 outlines the purpose of the Order, which is to give effect to Chapter XII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) for the purposes of the Navigation Act 1912. Provision 2 provides definitions of terms used within the Order, while Provision 3 offers interpretations to assist in understanding the provisions. Provision 4 specifies the ships to which the Order applies, which are bulk carriers. Provision 5 allows for the modification of the application of the Order's provisions to a specific ship, or for the acceptance of an equivalent fitting, material, appliance, or apparatus, provided it is at least as effective as that required under the Order. Provision 7 details the compliance requirements for bulk carriers, including the prohibition of loading cargo of a certain density unless specific SOLAS regulations are met. The obligations and requirements imposed by the Order on the parties it governs are primarily concerned with ensuring the safety of bulk carriers. Bulk carriers must comply with Chapter XII of SOLAS, which includes additional safety measures for such vessels. This includes the installation and maintenance of water level detectors and pumping systems, as specified in the new SOLAS regulations 12 and 13. Additionally, bulk carriers are prohibited from loading cargo of a density of 1780 kg/m3 or more unless they comply with either Regulation 6 or 7 of Chapter XII of SOLAS in relation to loading that cargo. The Order also provides mechanisms for internal review by the General Manager of decisions made by the Chief Marine Surveyor, as well as the right to appeal certain decisions to the Administrative Appeals Tribunal. The Order imposes civil and criminal consequences for breaches of its provisions. Provision 7.2.1 and 7.2.2 are penal provisions that explicitly prohibit the loading of cargo of a density of 1780 kg/m3 or more if the ship does not comply with the relevant SOLAS regulations. Breaches of these provisions can result in significant penalties. For corporations, the maximum penalty is $210,000 for each voyage, and for individuals, the maximum penalty is $21,000. These penalties reflect the serious nature of non-compliance with safety measures designed to protect life at sea. Additionally, non-compliance can result in the vessel being detained or refused entry to Australian ports, which can have significant operational and financial repercussions for the vessel's operators.