EXPLANATORY NOTES
Marine Orders Part 41 — Carriage of dangerous goods
Issue 9
Order No. 12 of 2008
Purpose
- Marine Orders Part 41 — Carriage of Dangerous Goods makes provision for the loading, stowing, carriage and unloading of dangerous goods.
- The Marine Orders Part also 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;
- the International Maritime Dangerous Goods Code (‘the IMDG Code’); and
- the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board ships (‘the INF Code’).
3. Marine Orders Part 41 — Carriage of dangerous goods, Issue 9, gives effect to the amendments of the IMDG Code that were made by Maritime Safety Committee (‘MSC’) of the International Maritime Organization (‘IMO’). IMO resolution MSC.262 (84) adopted amendment 34-08 of the IMDG Code which will enter into force on 1 January 2010.
4. Order No. 12 of 2008 implements the amendments made by IMO resolution MSC.262 (84).
5. Marine Orders Part 41 — Carriage of dangerous goods, Issue 9, repeals Marine Orders Part 41— Carriage of dangerous goods, Issue 8, and gives effect to the IMDG Code amendments with effect on and from 1 January 2009.
Power
6. 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.
7. In addition, the following provisions (also found in Part IV of the Act) empower regulations to be made regarding dangerous goods, the notice of intention to ship dangerous goods and the carriage, loading and stowing of cargo and the giving of notices in relation to cargo:
- subsection 253 (1) of the Act provides that regulations may be made in regard to the carriage of dangerous goods in ships;
- section 255 of the Act prescribes the manner and person to whom notice of intention to ship dangerous goods is to be given;
- subsection 257 (1) of the Act states that regulations may make provision for or in relation to the loading, stowing or carriage of cargo in ships or the unloading of cargo from ships; and
- subsection 257 (2) of the Act provides that regulations may be made for or in relation to the giving of notices with respect to the loading, or proposed loading, of cargo into ships.
- 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.
- Subsection 425 (1AA) of the Act provides that AMSA may make orders with respect to any matter (other than the imposition of penalties) mentioned in, amongst other Parts, Part IV of the Act for or in relation to which regulations may be made.
- Marine Orders Part 41 — Carriage of dangerous goods, Issue 9, is empowered by subsection 425 (1AA) of the Act.
Consultation
11. In addition to providing a copy of the draft Marine Orders Part 41— Carriage of dangerous goods, Issue 9, on the website of the Australian Maritime Safety Authority (‘AMSA’), a copy of the draft Marine Orders Part was provided to the following organisations for comment:
- American Bureau of Shipping;
- Australian Maritime College;
- Australian Shipowners Association;
- Australian Transport Safety Bureau;
- Bureau Veritas;
- Challenger TAFE;
- China Classification Society;
- Class NK;
- Department of Infrastructure, Transport, Regional Development and Local Government;
- Det Norske Veritas;
- Germanischer Lloyd;
- Haylock Maritime Pty Ltd;
- Lloyd’s Register;
- New South Wales TAFE;
- Shipping Australia Limited.
12. Comments regarding the draft amendments were made by the Department of Infrastructure, Transport, Regional Development and Local Government and Haylock Maritime Pty Ltd. These comments were taken into account in finalising the draft amendments. Det Norske Veritas, Lloyd’s Register and Shipping Australia Limited advised AMSA that they did not have any comment to make regarding the draft amendments.
Overview
13. The MSC at its 84th session adopted amendments of the IMDG Code by IMO Resolution MSC.262 (84). The amendments enter into force on and from 1 January 2010. Contracting Governments to SOLAS may give full effect to the amendments of the IMDG Code on a voluntary basis on and from 1 January 2009.
14. AMSA has decided to give effect to the amendments of the IMDG Code on and from 1 January 2009. From that date, both the current version of the IMDG Code (being the 2006 edition incorporating Amendment 33-06) and the revised version of the Code (being the 2008 edition incorporating Amendment 34-08) will operate concurrently until 31 December 2009. From 1 January 2010, however, only the 2008 edition of the IMDG Code will be effective because the 2006 edition of the IMDG Code will cease to be in force.
15. The opportunity has also been taken to replace the footnotes mentioned in Marine Orders Part 41 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.
Contents of the Order
Provision 1 — Purpose and power
16. Provision 1 provides the purpose of this Order and sets out the provisions of the Act that empower the Order to be made.
Provision 2 — Definitions of words and phrases used in this Part
Provision 3 — Interpretation
17. Provision 2 provides definitions of words and phrases and provision 3 provides interpretations to enable a proper understanding of this Part.
Provision 4 — Application
18. Provision 4 specifies the ships to which this Part does and does not apply.
Provision 5 — Modifications or exemptions
19. Provision 5 provides that the Manager, Ship Inspections may, if satisfied, allow a modification, variation or exemption from compliance with a requirement of this Part. However, the Manager must not allow an exemption or modification if it would contravene SOLAS.
Provision 6 — Review of decisions
20. Provision 6 provides for internal review by the Deputy Chief Executive Officer, Maritime Operations 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 review of specified decisions made under this Part by the Deputy Chief Executive Officer, Maritime Operations.
Provision 7 — Requirements for dangerous goods and their packing, stowage and carriage
21. Provision 7 provides that dangerous goods and the associated packing, stowage and carriage of such goods must comply with:
- the relevant provisions of SOLAS;
- the mandatory provisions of the IMDG Code;
- the Appendix to this Marine Orders Part; and
- the INF Code (if applicable).
Provision 8 — Notice of intention to ship dangerous goods
22. Provision 8 provides for the notice of intention to ship dangerous goods. Provision 8.1 sets out how notification is to be made. Provisions 8.1.1 to 8.1.3 specify the persons who must give and receive a Multimodal Dangerous Goods Form and a Competent Authority Approval and Certificate as well as when these documents must be given.
23. Provision 8.1.4 is a penal provision that requires the master of a ship to provide an AMSA surveyor with a special list or manifest relating to goods that are to be loaded on board the ship.
24. In the event that it is not practical to provide all the information required to be provided in the special list or manifest before goods are loaded, provision 8.1.5 specifies the minimum information that the master must provide to the AMSA surveyor at least 24 hours before the goods are loaded.
25. Provision 8.1.6 is a penal provision that requires the master to inform an AMSA surveyor, in writing, of any subsequent changes to the special list or manifest prior to the loading of the goods on board the ship.
26. Provision 8.2 provides for the transhipment of dangerous goods. The provision applies to dangerous goods in packaged form that are being transhipped in Australia. Provision 8.2.2 requires dangerous goods that are repacked in Australia to comply with provision 8.1. Dangerous goods that are not repacked in Australia must comply with the requirements set out in provision 8.2.3.
27. Provision 8.3 sets out a definition for the term ‘Competent Authority Approval and Certificate’. This term is used in provision 8.1.
Provision 9 — Responsibilities of master, person in charge and individuals
28. Provision 9 prescribes the responsibilities of the master, person in charge and individuals on board a ship in relation to loading, unloading and carriage of dangerous goods on board a ship. Provisions 9.1 to 9.3 are penal provisions.
Provision 10 — Inspections
29. Provision 10.1 specifies the circumstances when a surveyor may inspect a cargo transport unit (‘CTU’) or package in relation to the carriage of dangerous goods for the purpose of compliance with the IMDG Code.
30. Provision 10.2 provides that a surveyor may inspect any dangerous goods on board a ship arriving at an Australian port.
31. Provision 10.3 provides that a surveyor may prohibit the loading or unloading of a CTU or package containing dangerous goods until he or she is satisfied that:
- the CTU or package, or dangerous goods in the CTU or package, complies with the relevant provisions of the IMDG Code; or
- other specified conditions have been met.
32. Provision 10.4 provides that a person must not load or unload a CTU or package in contravention of a direction given under provision 10.3. Provision 10.4 is a penal provision.
Provision 11 — Information on incident response
33. Provision 11.1 is a penal provision that requires the operator of a ship, on which it is intended to carry dangerous goods in packaged form, to issue detailed instructions on emergency response and medical first aid complying with Regulation VII/2.4 of SOLAS.
34. Provision 11.2 is a penal provision that requires the master of a ship to ensure that the detailed instructions mentioned in provision 11.1 are readily available on board the ship.
Provision 12 — Incidents at sea involving dangerous goods
35. Provision 12.1 is a penal provision that 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.
36. Provision 12.2 is a penal provision that requires the operator of a ship, or agent of the ship, to make or complete the report, mentioned in provision 12.1, in the event of the ship being abandoned or the report being incomplete or unobtainable.
Appendix
37. The Appendix provides interpretations, amplifications and requirements supplementary to the IMDG Code.
Documents incorporated by reference
38. The following publications may be purchased from:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
Telephone: + 44 20 7735 7611 Fax: + 44 20 7587 3210.
website: http://www.imo.org
BoatBooks
31 Albany Street, Crows Nest, NSW 2065 - telephone (02) 9439 1133
214 St Kilda Road, St Kilda, VIC 3182 - telephone (03) 9525 3444
109 Albert Street, Brisbane, QLD, 4000 - telephone (07) 3229 6427
website: http://www.boatbooks-aust.com.au
- International Convention for the Safety of Life at Sea, 1974 (SOLAS);
- International Maritime Dangerous Goods Code 2008 Edition (IMDG Code);
- 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).
39. The Australian Code for the Transport of Dangerous Goods by Road and Rail may be purchased from:
CanPrint Information Services
PO Box 7456, Canberra MC, ACT 2610
Telephone: 1300 889 873 Fax: (02) 6293 8333
E-mail: sales@infoservices.com.au
Website: www.canprint.com.au
Australian Maritime Safety Authority
December 2008