EXPLANATORY NOTES
Marine Orders, Part 42
(Cargo stowage and securing)
Issue 2
Order No 8 of 2003
Authority
1. Section 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
2. Section 425(1AA) of the Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to matters in Part IV of the Navigation Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 42, Issue 2 was made pursuant to section 425(1AA) of the Navigation Act.
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices,
Wednesday 17 December 2003.
Purpose
5. Marine Orders Part 42 gives effect to SOLAS Regulation V/22 (navigation bridge visibility), Regulations VI/2 (cargo information) and Regulation VI/5 (stowage and securing).
6. Marine Orders Part 42, Issue 2, repeals Issue 1 and incorporates the amendments to SOLAS Chapter VI (carriage of cargoes) adopted by IMO Resolution MSC.123(75) These amendments will enter into force 1 January 2004.
Consultation
7. A copy of the draft text of this Issue was circulated to relevant AMSA managers, recognised classification societies, Australian Shipowners Association, and Shipping Australia Limited for comment. The draft of this issue was also placed on the AMSA internet website for public comment. Responses from all sources were reviewed and relevant comments were taken into consideration with respect to this issue of Part 42.
Overview
8. The amendments to SOLAS Chapter VI/5 referred to in the Purpose paragraph in these notes include the words cargo and cargo units being replaced by the words Cargo, cargo units, and cargo transport units.
9. Other amendments include the removal of the requirement to provide a notice of intention to ship timber deck cargo. The opportunity has also been taken to amend and update a number of provisions to reflect current drafting standards.
Contents of the Order
10. Provision 1 indicates the purpose for which this Order has been made.
11. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations. Both are necessary for proper understanding of the Order.
12. Provision 4 specifies the type of ship, cargo unit and cargo transport unit, involved in the stowing and securing of cargo, to which this Part applies, and also specifies the type of cargoes to which the Part does not apply.
13. Provision 5 provides for the application of provisions of this Part to be modified in respect of a ship, its equipment or in relation to a particular cargo, and for the acceptance of an equivalent fitting, material, appliance or apparatus or type that is at least as effective as that required under the Part, the Code of Safe Practice for Cargo Stowage and Securing (CSS Code) or the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 1991 (TDC Code).
14. Provision 5 also provides for the exemption of a ship or a particular cargo, from compliance with a provision of this Part, the CSS Code or the TDC Code.
15. Provision 5 does not permit an exemption or equivalent that would contravene SOLAS.
16. 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 a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.
17. Provision 7.1 specifies particular information that is to be provided in a signed notice to the surveyor-in-charge by the owner, master or agent of a ship, prior to the loading of particular types of cargoes. It also specifies when this notice is to be provided in relation to the loading.
18. Provision 7.2 specifies that the master of a ship must not allow the loading of cargo until the notice has been provided in accordance with Provision 7.1. This is a penal provision.
19. Provision 8 specifies particular information that is to be provided to the master of a ship, or representative, prior to the loading of cargoes at a port in Australia and also specifies the form in which it is to be provided. This provision also requires the shipper, prior to loading, to ensure that the gross mass of cargo units is in accordance with the gross mass declared on the shipping documents.
20. Provision 9 prohibits the loading, stowing and securing of cargo on a ship that is not conducted in accordance with this Part. This is a penal provision.
21. Provision 10 requires the loading, stowing, packing and securing of cargo, cargo units and cargo transport units be undertaken in a manner as to prevent damage to the ship or to persons on board, or to prevent a loss of cargo. It also specifies particular cargoes that must be loaded in accordance the ship’s approved Cargo Securing Manual and for other cargos to be loaded in accordance with the CSS or TDC Codes.
22. Provision 10.5 specifies that a shipper must not load a freight container to more that the maximum gross weight indicated on the Safety Approval Plate under Marine Orders Part 44 (Safe Containers). This is a penal provision.
23. Provision 10.6.1 specifies that the master of certain ships must ensure that an approved Cargo Securing Manual, prepared in accordance with the particular IMO guidelines, is carried on such a ship. This is a penal provision.
24. Provision 11 provides for the Chief Marine Surveyor to require certain precautions, additional to those specified in the Cargo Securing Manual, the CSS Code or the TDC Code, to be taken in relation to a particular ship or cargo.
25. Provision 11.3 prohibits a person from loading, stowing or carrying cargo in respect of which the Chief Marine Surveyor has required additional precautions to be observed, except in accordance with those additional precautions. This is a penal provision.
26. Provisions 12.1.1 and 12.1.2 specify inspection requirements to be undertaken by a surveyor to ensure loading compliance of a ship with this Part.
27. Provision 12.1.3 specifies that the master of a ship must ensure that the surveyor be given necessary access to a ship for the purposes of Provisions 12.1.1 and 12.1.2. This is a penal provision.
28. Provision 13 specifies particular safety requirements that must be established prior to the stowing of cargo on the deck of a ship.
29. Provision 14 specifies navigation bridge visibility requirements.
Australian Maritime Safety Authority
December 2003