Marine Orders - Part 41: Carriage of dangerous goods, Issue 6 (Order No. 4 of 2003)

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EXPLANATORY NOTES

Marine Orders, Part 41

(Carriage of dangerous goods)

Issue 6

Order No 4 of 2003

 

 

Authority

 

 1. Section 425(1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

 2. Section 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders with respect to matters in Part IV of the Act in relation to which provision may be made by regulations.

 3. Marine Orders, Part 41, Issue 6, was made pursuant to subsection 425(1AA).

 

Gazette

 

 4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices,                Wednesday 3 December 2003.

Purpose

 

 5. Marine Orders Part 41:

  • makes provision for the carriage of dangerous goods;
  • gives effect to Parts A and D of Chapter VII of the International Convention for the Safety of Life at Sea 1974 (SOLAS) as amended, and in particular to the International Maritime Dangerous Goods Code (IMDG Code).

 

 6. Marine Orders Part 41, Issue 6:

  • repeals Marine Orders Part 41, Issue 5;
  • gives effect to IMDG Code (Edition 2002) from 1 January 2004.

 

Consultation

 

 7. The draft text has been circulated to relevant AMSA managers, recognised classification societies, relevant shipping bodies, relevant government authorities and other interested parties for comment. This text was also placed on the AMSA website for public comment. Comments were reviewed and the attached issue of Part 41 takes account of all appropriate comments.

 


Overview

 

 8. The Maritime Safety Committee at its 75th session adopted a resolution amending Chapter VII of SOLAS to make the International Maritime Dangerous Goods Code (2002 edition) mandatory with effect from 1 January 2004.

 

 9. In accordance with an International Maritime Organization (IMO) recommendation, the Chief Marine Surveyor, AMSA, issued a modification of provisions to MO Part 41 on January 1, 2003. In accordance with this modification, the provisions of the 2002 IMDG Code may be complied with in lieu of the 2000 Edition until 1 January 2004. After this date the 2000 Edition will cease to apply.

 

10. Definition amendments as well as the introduction of new definitions have been made to enhance clarity of the Part and to ensure consistency of terminology with the IMDG Code and the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High Level Radioactive Wastes (INF).

 

Contents of the Order

 

11. Provision 1 indicates the purpose for which this Order has been made.

 

12. Provision 2 provides definitions and Provision 3 provides interpretations as necessary for proper understanding of the Order.

 

13. Provision 4 specifies the ships to which this Part applies and also specifies the dangerous goods to which this Part does not apply.

 

14. Provision 5 provides for the requirement of provisions of this Part to be modified or varied and for an exemption to be made in relation to compliance with a requirement of this Part. Such modifications or exemptions can only be made if they would not contravene SOLAS.

 

15. 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 an applicant to apply to the Administrative Appeals Tribunal for a review of specified decisions made under this Part by the General Manager. The provision also provides for a statement of reasons to be provided by the General Manager upon an applicant’s request.

 

16. Provision 7 specifies that dangerous goods and the associated packing, stowage and carriage of such goods must comply with relevant provisions of SOLAS and the mandatory provisions of the IMDG Code, the Appendix of this Part, and, if appropriate, the INF Code.

 

17. Provision 8.1.1. 8.1.3 provides the requirement of a shipper to give notice to certain persons of an intention to ship dangerous goods and prescribes the manner of giving such notice.

 

18. Provision 8.1.4 provides for the master of a vessel to provide to the surveyor-in-charge a special list or manifest relating to goods being placed on board the ship. This is a penal provision.

 

19. In the event that it is not practical to provide a special list or manifest referred to in Provision 8.1.4, Provision 8.1.5 specifies certain information that the master must provide to the surveyor-in-charge at least 24 hours before goods are loaded on board a ship.

 

20. Provision 8.1.6 requires the master to inform the surveyor-in-charge, in writing, and before goods are placed on board a ship, of any subsequent changes to the special list or manifest. This provision is a penal provision.

 

21. Provision 8.1.7 specifies particular documentation that the person organising the transhipment of dangerous goods is to provide to the master of the ship.

 

22. Provision 9 prescribes the responsibilities of the master, persons in charge, all persons on board a ship and persons engaged in loading or unloading cargo in ensuring safety in relation to loading, unloading and carriage of dangerous goods on board a ship.  Provisions 9.1 to 9.3 are penal provisions.

 

23. Provision 10.1 requires the operator of a ship, on which it is intended that dangerous goods be carried, to issue detailed instructions on emergency response and medical first aid relevant to incidents involving dangerous goods in packed form, complying with Regulation VII/2.4 of SOLAS. This is a penal provision.

 

24. Provision 10.2 requires the master of a ship to ensure that the detailed instructions issued by the ship’s operator on emergency response and first aid are readily available on board the ship. This is a penal provision.

 

25. Provision 11.1 requires the master, or, other person having charge of the ship to report, without delay, and to the fullest extent possible, the particulars of any incident involving the loss or likely loss overboard of dangerous goods in packaged form into the sea.  This is a penal provision.

 

26. With respect to a ship referred to in Provision 11.1, Provision 11.2 requires the owner or operator of a ship, or agent thereof, to make a complete report in the event of a ship being abandoned or a report that is incomplete or unobtainable. This is a penal provision.

 

27. The Appendix provides interpretations, amplifications and requirements supplementary to the IMDG Code.

 

 

 

Australian Maritime Safety Authority

November 2003

Overview

The Marine Orders, Part 41, Issue 6, enacted in 2003 by the Australian Maritime Safety Authority (AMSA), was introduced to address the need for stringent regulations governing the carriage of dangerous goods on ships in accordance with international maritime safety standards. This legislative instrument was established under the authority of Section 425(1AA) of the Navigation Act 1912, empowering AMSA to make orders concerning matters in Part IV of the Act. The primary policy objective of these orders is to implement the International Convention for the Safety of Life at Sea 1974 (SOLAS) and the International Maritime Dangerous Goods Code (IMDG Code), ensuring that Australian maritime practices align with global safety standards. By setting forth detailed requirements for the handling, stowage, and notification of dangerous goods, the orders aim to mitigate risks associated with maritime transport, safeguarding both human lives and the environment.

Scope and Application

The Marine Orders, Part 41 (Carriage of Dangerous Goods) issued under the Navigation Act 1912 applies to the carriage of dangerous goods on ships within Australian waters, ensuring compliance with the International Convention for the Safety of Life at Sea (SOLAS) and the International Maritime Dangerous Goods (IMDG) Code. This regulatory framework applies to all ships subject to Australian maritime law, irrespective of their flag state, when operating within Australian territorial waters. The regulations are designed to enforce safety standards for the handling, storage, and transportation of dangerous goods at sea, aiming to prevent incidents that could endanger lives, the environment, or maritime property. The Orders provide for exemptions and modifications to the requirements under certain conditions, provided they do not contravene SOLAS. These provisions are intended to offer flexibility while maintaining the overarching goal of maritime safety. The scope of the Act extends to all dangerous goods as defined within the Orders, excluding any goods that do not meet the criteria for classification as dangerous under the IMDG Code. The Orders also provide mechanisms for internal review of decisions made by the Chief Marine Surveyor and allow for external review by the Administrative Appeals Tribunal, ensuring that any enforcement actions are subject to rigorous scrutiny. The Orders incorporate definitions and interpretations necessary for compliance, and detail specific requirements for ship notices, manifests, and reporting of dangerous goods. The Orders also address the responsibilities of ship operators, masters, and other personnel involved in the handling of dangerous goods, with several provisions carrying penal consequences for non-compliance. These provisions are supplemented by the Appendix, which offers further clarifications and requirements in line with the IMDG Code.

Key Provisions

The main operative sections of Marine Orders Part 41, Issue 6, focus on the carriage of dangerous goods on ships and give effect to the International Convention for the Safety of Life at Sea (SOLAS) and the International Maritime Dangerous Goods Code (IMDG Code). Specifically, Provision 4 identifies the ships to which these regulations apply and the dangerous goods that are excluded from these regulations (Prov. 4). Provision 5 allows for modifications or exemptions to the requirements of this Part, provided they do not contravene SOLAS (Prov. 5). Provision 6 outlines the process for internal reviews and appeals for decisions made under this Part (Prov. 6). Provision 7 mandates that the carriage of dangerous goods must comply with SOLAS, the IMDG Code, and other relevant provisions (Prov. 7). Provisions 8 to 11 detail the notification, documentation, and safety responsibilities for the carriage of dangerous goods, including requirements for masters, ship operators, and persons engaged in loading or unloading cargo (Provs. 8-11). The Marine Orders impose various obligations on parties involved in the carriage of dangerous goods. Shippers must provide notice of their intention to ship dangerous goods to certain persons in a specified manner (Prov. 8.1.1-8.1.3). Masters of vessels must provide a special list or manifest of dangerous goods to the surveyor-in-charge, and inform them of any changes to this list (Provs. 8.1.4, 8.1.6). If a special list or manifest cannot be provided, the master must supply specific information to the surveyor-in-charge at least 24 hours before loading (Prov. 8.1.5). Ship operators must issue detailed emergency response and first aid instructions relevant to dangerous goods, which must be readily available on board (Prov. 10.1, 10.2). Masters must report any incidents involving the loss or likely loss of dangerous goods overboard to the fullest extent possible (Prov. 11.1). In cases of abandonment or incomplete reports, the owner or operator of the ship must provide a complete report (Prov. 11.2). Breaches of the Marine Orders Part 41, Issue 6, may result in penalties or consequences under Australian law. Failure to comply with the notice requirements, documentation, and safety provisions can lead to penal provisions, meaning non-compliance may be subject to penalties. For example, the master’s failure to provide a special list or manifest, or to inform the surveyor-in-charge of changes, may be considered a breach of the penal provisions (Provs. 8.1.4, 8.1.6). Similarly, failure to report incidents involving the loss of dangerous goods overboard or to provide complete reports in cases of abandonment can also attract penalties (Provs. 11.1, 11.2). While the specific maximum penalties are not detailed in the explanatory statement, breaches of such penal provisions could lead to enforcement actions under the Navigation Act 1912 or other relevant maritime regulations.

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