Marine Orders - Part 41: Carriage of dangerous goods, Issue 8 (Order No. 16 of 2006)

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EXPLANATORY NOTES

Marine Orders, Part 41

(Carriage of dangerous goods)

Issue 8

Order No. 16 of 2006

 

 

Authority

 

 1. Subsection 425(1) of the Navigation Act 1912 (“ the Navigation Act”) empowers the Governor-General to make regulations prescribing matters required or permitted to be prescribed or which are necessary or convenient for carrying out or giving effect to that Act.

 2. Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matters in that Act for, or in relation to, which provision may be made by regulations.

 3. Marine Orders, Part 41, Issue 8, was made pursuant to subsection 425(1AA) of the Navigation Act.

 

Purpose

 

 4. Marine Orders Part 41:

  • makes provision for the loading, stowing, carriage, and unloading of dangerous goods;
  • gives effect to Parts A and D of Chapter VII (Carriage of dangerous goods) 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), and the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board ships (INF Code).
  • prescribes matters for the purposes of sections 253A, 255 and 257 of the Navigation Act.

 

 5. This issue repeals Issue 7 of Part 41, and gives effect to IMDG Code amendments effective from 1 January 2007.

 

Consultation

 

 6. A copy of the draft of this issue was made available to the Australian Shipowners Association, Shipping Australia Ltd, approved survey authorities, Department of Transport and Regional Services, and the Australian Federation of International Forwarders. A copy of the draft text was also placed on the AMSA internet website for public comment.

 

 

Overview

 

7. The Maritime Safety Committee of the International Maritime Organization (IMO) at its 81st session, held in May 2006, adopted amendments to the     IMDG Code by IMO Resolution MSC.205(81). The amendments shall enter into force 1 January 2008.  AMSA intends to give full effect to the amendments from 1 January 2007 in accordance with IMO agreement.  Hence, from 1 January 2007, both the current version of the Code (2004 edition incorporating Amendment 32-04) and the revised version of the Code (2006 edition incorporating Amendment 33-06) will operate concurrently until 31 December 2007 when the 2004 edition will cease operation, but the 2006 edition will continue to operate.  

 

8.              This Issue of Part 41 repeals Issue 7 and gives effect to the amendments to the IMDG Code.

 

9.              The opportunity has been taken to do minor reformatting to reflect the current drafting style and to update some definitions and position titles.

 

Contents of the Order

 

10. Provision 1 provides the purpose of this Order and the power to make this Order, pursuant to the Navigation Act. 

 

11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations to enable proper understanding of this Part. 

 

12. Provision 4 specifies the ships to which this Part does and does not apply.  and those to which it does not apply.

 

13.             Provision 5 provides for the modification, variation or exemption of a ship from compliance with a requirement of this Part.  This provision does not provide for an exemption or modification that would contravene SOLAS. 

 

14.             Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, 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. 

 

15. 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 the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board ships.

 

16. Provisions 8.1.1. to 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.

 

17. Provision 8.1.4 is a penal provision and provides for the master of a vessel to provide to the surveyor a special list or manifest relating to goods that are to be loaded on board the ship.

 

18. In the event that it is not practical to provide all the information required to be recorded in a special list or manifest referred to in Provision 8.1.4 before goods are to be loaded, Provision 8.1.5 specifies the minimum information that the master must provide to the surveyor at least 24 hours before goods are to be loaded.

 

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

 

20. 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.

 

21. 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.

 

22.             Provision 10.1 specifies thes circumstances when a surveyor may inspect a cargo transport unit or package in relation to the carriage of dangerous goods for the purpose of compliance with the IMDG Code. 

 

23.             Provision 10.2 provides for the inspection of a ship arriving at an Australian port carrying dangerous goods. 

 

24.             Provision 10.3 provides that a surveyor may prohibit the loading or unloading of a cargo transport unit or package containing dangerous goods, which does not comply with the relevant provisions of the IMDG Code or other specified conditions. 

 

25.             Provision 10.4 is a penal provision that requires compliance with

Provision 10.3.  

 

26.             Provision 11.1 is a penal provision and requires the operator of a ship, on which it is intended that dangerous goods be carried, to issue instructions on emergency response and medical first aid complying with Regulation VII/2.4 of SOLAS.

 

27. Provision 11.2 is a penal provision and 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.

 

28. Provision 12.1 is a penal provision and 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.

 

29. Provision 12.2 is a penal provision and requires the operator of a ship, or agent thereof, to make a complete report in the event of a ship referred to in Provision 12.1 being abandoned or the report being incomplete or unobtainable.

 

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

 

 

Documents incorporated by reference

 

31.             The following publications may be purchased from either:

 

 the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone + 44 -20 7735 7611 – facsimile + 44 -20 7587 3210. –

 IMO web site: http://www.imo.org

 

or from,

 

BoatBooks, 31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133;  BoatBooks, 214 St Kilda Road, St Kilda, VIC 3182 - telephone (03) 9525 3444; BoatBooks 109 Albert Street, Brisbane, QLD, 4000 - telephone (07) 3229 6427;

Web address: http://www.boatbooks-aust.com.au/
 

  • The International Convention for the Safety of Life at Sea (SOLAS);
  • International Maritime Dangerous Goods (IMDG) Code 2006 Edition;
  • International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board ships (contained in the Supplement to the IMDG Code);
  • Guidelines for Packing of Cargo Transport Units (contained in the Supplement to the IMDG Code);
  • Recommendations on the Safe Use of Pesticides in Ships (contained in the Supplement to the IMDG Code).

 

32. The following publication may be purchased from CanPrint Information Services, PO Box 7456, Canberra MC, ACT 2610; Phone: 1300 889 873,

E-mail: sales@infoservices.com.au;  Fax: (02) 6293 8333:

  • The Australian Code for the Transport of Dangerous Goods by Road and Rail. 

 

 

Australian Maritime Safety Authority

December 2006

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.