EXPLANATORY NOTES
Marine Orders, Part 35 — Additional safety measures for bulk carriers
Issue 2 (Amendment)
Order No. 10 of 2008
Purpose
- Marine Orders Part 35 — Additional safety measures for bulk carriers gives effect to Chapter XII (Additional safety measures for bulk carriers) of the International Convention for the Safety of Life at Sea, 1974 (‘SOLAS’), as amended.
- Marine Orders Part 35, Issue 2 — Amendment gives effect to the SOLAS Chapter XII amendments implemented by International Maritime Organization Resolution (‘IMO’) MSC.216 (82).
- IMO resolution MSC.216 (82) is to come into force on the following dates:
- Annex 1 — 1 July 2008;
- Annex 2 — 1 January 2009;
- Annex 3 — 1 July 2010.
4. Order No. 10 of 2008 implements amendments made by Annex 1 to IMO resolution MSC.216 (82). The Australian Maritime Safety Authority (‘AMSA’) decided to implement the amendments affecting bulk carriers on 1 January 2009 rather than on 1 July 2008 because of concerns regarding a possible loophole. AMSA is not aware of any person or organisation that would be disadvantaged by the decision to delay Australia’s implementation of the amendments as they relate to bulk carriers. Further, the IMO did not object to AMSA’s approach to the amendments. Accordingly, Marine Orders No. 10 of 2008 commences on 1 January 2009.
Power
5. Part IV of the Navigation Act 1912 (‘the Act’) provides for ships and shipping. Section 191 of the Act is found in Part IV of the Act. Subsection 191 (1) provides that the regulations may make provision for or in relation to giving effect to SOLAS.
6. Subsection 425 (1) of the Act empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.
7. Subsection 425 (1AA) of the Act provides that AMSA may make orders with respect to any matter mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made.
8. Marine Orders Part 35, Issue 2 — Amendment is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.
Consultation
9. In addition to providing a copy of the draft Marine Orders Part 35 Amendment on AMSA’s website, a copy of the draft Amendment Marine Order was provided to the following organisations for comment:
- American Bureau of Shipping;
- Australian Shipowners Association;
- Bureau Veritas;
- China Classification Society;
- Class NK;
- Det Norske Veritas;
- Germanischer Lloyd;
- Lloyd’s Register;
- Shipping Australia Limited.
10. Bureau Veritas, Class NK, Germanischer Lloyd and Shipping Australia Limited advised AMSA that they did not have any comment to make regarding the draft amendments.
Overview
11. The Maritime Safety Committee (‘MSC’) of the IMO adopted amendments to regulation 6 of Chapter XII of SOLAS regarding double-side skin spaces and dedicated seawater ballast tanks in bulk carriers, constructed after 1 July 2006, that are 150 metres or more in length. The MSC also amended references in regulations 12 and 13 of Chapter XII of SOLAS to Chapter II‑1 of SOLAS.
12. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 35 with notes after the relevant provisions. This reflects current drafting practice and will enable future amendment of the text of a note to be easily identified and amended with minimal disruption to the Marine Orders Part.
Amendments — Schedule 1: Amendments commencing on 1 January 2009
Provision 1
13. Item [1] amends the heading of provision 1 by omitting the symbol ‘&’ and inserting the word ‘and’.
14. Item [2] amends provision 1.1 by replacing footnote 1, which related to the provision, with a note that is inserted after the provision. The note was also amended to refer to IMO resolution MSC.216 (82).
Provision 2, definition of penal provision, including footnote 2
15. Item [3] amends the definition of penal provision in provision 2 by updating the reference to the Navigation (Orders) Regulations 1980 so that it reflects current drafting practice. The definition is also amended by replacing footnote 2, which related to the definition, with a note.
16. The note following the definition of penal provision amends the references to the number of penalty units that an individual and a body corporate may receive if found guilty of an offence, so that these accurately reflect subregulation 4 (1) of the Navigation (Orders) Regulations 1980.
Provision 2, after definition of SOLAS
17. Item [4] inserts a note after the definition of SOLAS in provision 2. This note was previously footnote 3 and related to provision 3.3. The proposed note provides readers with information on how copies of IMO documents may be obtained from AMSA. The proposed note also includes a link to AMSA’s website and the e-mail address of the area responsible in AMSA for providing this information. The repositioning of the note ensures consistency across the Marine Orders in relation to this information.
Provisions 3.3 and 3.4, including footnote 3
18. Item [5] amends provision 3.3 by omitting footnote 3, as described in item [4].
19. Item [5] also amends provision 3.4 by inserting the word ‘and’ at the end of paragraph (a). The item omits the words ‘a footnote’ and inserts the words ‘a note’ in paragraph (b). The amendment of paragraph (b) is necessary given the decision to replace footnotes with notes following the relevant provision.
Provision 5, heading, including footnote 4
20. Item [6] amends the heading of provision 5 by omitting footnote 4 which related to the provision’s heading.
21. Item [7] inserts a proposed note after provision 5.3. The proposed note consists of the text of footnote 4.
Australian Maritime Safety Authority
31 October 2008