EXPLANATORY NOTES
Marine Orders Part 43
(Cargo and Cargo Handling – Livestock)
Issue 6
Order No 13 of 2006
Authority
- Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
2. Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders with respect to any matter in Part IV of the Act for or in relation to which provision may be made by the regulations.
3. Marine Orders, Part 43, Issue 6, was made pursuant to subsection 425(1AA).
Purpose
4. Marine Orders Part 43, Issue 6, makes provision for the certification of ships engaged in the carriage of livestock cargoes and specific requirements concerning the stowage and carriage of such cargoes for the safe operation of ships.
5. This Issue repeals Issue 5 and removes certain animal welfare requirements which are currently administered by the Australian Quarantine Inspection Service (AQIS).
Consultation
6. The draft text of this issue was circulated to the Department of Agriculture and Food – Government of Western Australia, Australian Shipowners Association, Shipping Australia Limited, AQIS, recognised classification societies, LiveShip, Livecorp and other interested organisations and individuals for comment. A copy was also placed on AMSA’s external website for public comment.
7. The Office of Regulation Review (ORR) has also been consulted. ORR advised that a Regulatory Impact Statement was not mandatory for the proposed changes.
Overview
8. This issue of Part 43 removes requirements relating to animal welfare which are now covered under the Australian Standards for the Export of Livestock, which is administered by AQIS.
9. Other changes include:
- the introduction of a requirement for older ships to meet applicable Safety of Life at Sea Convention standards by 1 December 2011 for the reissue or endorsement of an Australian Certificate for the Carriage of Livestock; and
- the requirement that upon completion of a voyage the master of a ship must make a report to the Secretary of the Department of Agriculture, Fisheries and Forestry (DAFF) in addition to providing a copy of the report to the Manager, Ship Inspections, AMSA.
10. The opportunity has also been taken to update and / or clarify a number of provisions.
Contents of the Order
11. Provision 1 indicates both the purpose of the Order and the power to make the order, pursuant to the Navigation Act.
12. Provision 2 provides definitions of words and phrases and Provision 3 provides interpretations to enable proper understanding of this Part.
13. Provision 4 specifies the ships to which this Part applies and those to which this Part does not apply.
14. Provision 5.1 provides that the Manager, Ship Inspections, may allow modifications to the application of any of the provisions in this part, if the Manager, Ship Inspections, considers that such modifications will pose no danger to persons or detriment to the proper carriage of livestock.
Provision 5.2 also provides for the Manager, Ship Inspections, to allow any equivalent fitting, material, appliance or apparatus, or type thereof, that is, at least, as effective as that required under the Part.
Provision 5.4 provides that a Manager, Ship Inspection must not allow such modifications or equivalents if this would be inconsistent with a prohibition in Provision 10.5.
15. Provision 6 provides for an internal review by the General Manager of a decision made by the Manager, Ship Inspections, or a surveyor, under this Part and specifies the lodgement date for an internal review application. The Provision also provides for a review by the Administrative Appeals Tribunal of the General Manager’s decision.
16. Provision 7 provides for the notification of intention to load livestock on a ship, pre-loading inspections and for inspections during and after loading. This provision contains a number of penal provisions as follows:
Provision 7.1.1 prohibits the master of a ship from allowing livestock to be loaded onto a ship at a port in Australia (other than for a short voyage), until a surveyor has inspected the ship and ascertained that the ship complies with the provisions of this Part, or with the Australian Certificate for the Carriage of Livestock and that it is in a fit state for the proper carriage of livestock to be loaded;
Provision 7.1.2 prohibits the master of a ship from allowing livestock to be loaded onto a ship for carriage on a short voyage, until a surveyor has carried out pre-loading inspections of the ship and ascertained that the ship complies with the relevant provision of this Part and are in a fit state for the proper carriage of the livestock;
Provision 7.3.2 requires a person to comply with the requirements of a surveyor’s order under Provision 7.3.1;
Provision 7.5.1 prohibits a master from taking a ship to sea with livestock unless the requirements of this Part are complied with and the master has been provided with information detailing the number, weight and type of livestock on board;
Provision 7.5.2 specifies that a person must not provide inaccurate information of that required by Provision 7.5.1;
Provision 7.6.1 requires the master to ensure that livestock services are maintained in accordance with the ship’s Record of Equipment and Arrangement;
Provision 7.6.2 prohibits a person from altering a ship’s livestock fittings, livestock equipment or carriage arrangements without the authorisation of the ship’s master.
17. Provision 8 specifies certain restrictions in regard to the carriage and loading of livestock on a ship.
18. Provision 9 provides for the structural requirements for a ship to be used for the carriage of livestock.
19. Provision 10.1 provides for the requirement of a valid Australian Certificate for the Carriage of Livestock (ACCL) to be held in respect of a ship and specifies the associated penal provisions for the operator and master of a ship.
Provision 10.3 specifies the conditions for applying for the issue, reissue of an ACCL and the conditions for issuing or reissuing an ACCL, or Interim Document, following a survey of a ship.
Provision 10.4 provides for an ACCL to be endorsed annually.
Provision 10.5 specifies particular conditions which must apply to a ship for an ACCL to be issued.
Provision 10.6 specifies the validity period for an ACCL, and conditions under which an ACCL ceases to be valid.
Provision 10.6.5 is a penal provision that requires an operator of a ship to return an invalid ACCL to the Manager, Ship Inspections if requested to so do by the Manager, Ship Inspections.
Provision 10.7 provides for the Manager, Ship Inspections, to allow the ship to continue to operate even if the ACCL has become invalid.
Provision 10.8 is a penal provision requiring the operator of the ship to ensure that the ACCL and the associated Record of Equipment and Arrangements, is on board at all times when the ship is loading and carrying livestock.
Provision 10.9 is a penal provision requiring the master to produce the ACCL if requested by a surveyor.
Provision 10.10 is a penal provision which requires the master to ensure that the ACCL is complied with when livestock is on board the ship.
Provision 10.11 is a penal provision that requires the operator of the ship to advise the Manager, Ship Inspections, as soon as practicable, of certain alterations made in respect of a ship.
20. Provision 11.1 is a penal provision which specifies the stability requirements that must be complied with before loading commences.
Provision 11.2 is a penal provision which requires the master to provide particular stability information to a surveyor, if requested.
21. Provision 12 requires a ship, which is permanently equipped for the carriage of livestock, to be fitted with systems and equipment that ensure the welfare of livestock. The Provision also specifies the manner of meeting this requirement.
22. Provision 13 specifies particular fire fighting appliances to be on board, and requirements for their positioning and capabilities.
Provision 13.3 is a penal provision requiring the master to ensure that each fire hose is kept near the hydrant and close to the area it is intended for use.
23. Provision 14 specifies the Australian Standard in respect of areas for the loading, and equipment used for and storage of bulk fodder.
Provision 14.3.3 requires the master to maintain records of emptying of fodder tanks and must make these records available for inspections by a surveyor. This is a penal provision.
24. Provision 15 provides the requirements for means of egress and access in livestock spaces as well as the requirements for passageways and walkways.
Provision 15.5 is a penal provision that requires the master to ensure that any means of egress, access, or passageway is kept clear at all times during a voyage.
25. Provision 16 specifies the requirements for a suitable means of access to be provided for the loading and unloading of livestock and specifies the placement and construction of such an access.
26. Provision 17 requires arrangements for the care of livestock in the event of a malfunction of a fully or partially automatic system that provides for the tending, feeding and watering of livestock.
27. Provision 18 requires a humane killing device to be carried on a ship which is appropriate for use with the species carried.
28. Provision 19 requires a master to furnish a report in writing to the Secretary of the DAFF and the Manager, Ship Inspections, in accordance with Form 5 in Appendix 1 upon completion of a voyage during which livestock was carried. This does not apply to short voyages.
29. Provision 20 specifies the requirements for the construction and dimensions of pens for sheep and adjacent passageways.
Table 3 of Provision 20.1.1 provides construction dimensions.
30. Provision 21 specifies the requirements for the strength of sheep pens and fittings and provides a formula for determining the required strength. The provision also provides for an alternative construction to be approved by the Manager, Ship Inspections.
31. Provision 22 specifies requirements in relation to arrangement of sheep pens including provision of ramps, exposed deck protection and food and water receptacle arrangements.
32. Provision 23 specifies the requirements for the design of cattle pens and stalls and adjacent passageways.
Table 5 of Provision 23.1 provides construction dimensions.
33. Provision 24 specifies requirements for the strength of cattle pen and stall fittings, and provides formula for determining the required strength. The Provision also provides for an alternative construction to be approved by the Manager, Ship Inspections.
34. Provision 25 specifies requirements in relation to arrangement of cattle pens and stalls including access arrangements, provision of ramps, exposed deck protection and food and water receptacle arrangements.
35. Provision 26 specifies each horse to be carried in a separate stall, unless prior to loading an approved veterinary officer accepts that horses may be carried in pens.
36. Provision 27 specifies the requirements for the design and construction of horse stalls and adjacent passageways.
37. Provision 28 specifies construction requirements for horse stalls and pens.
38. Provision 29 specifies requirements in relation to arrangement of horse stalls and pens including access arrangements, floor strength, provision of ramps, exposed deck protection and food and water arrangements.
Provision 29.8.2 is a penal provision which provides that a master must ensure that a suitable set of bolt cutters is carried and readily available if chain cross ties are used to restrain horses in stalls.
39. Provision 30 specifies that the carriage of goats must be in accordance with Provisions 20, 21 and 22 of this Part. Provision 30 also provides modifications to enclosures if necessary for the proper securing of goats.
40. Provision 31 specifies that the carriage of pigs must be in accordance also with provisions 20, 21 and 22 of this Part.
41. Provision 32.1 specifies that if livestock other than sheep, cattle, horses, goats or pigs are to be carried, a stall or pen must be constructed and furnished to provide safe carriage and care of that livestock.
Provision 32.2 requires that a surveyor must approve such arrangements prior to the loading of the livestock.
42. Provision 33 specifies the locations, dimensions and construction requirements for hospital pens for particular breeds of livestock.
43. Provision 34 specifies requirements for portable equipment for the carriage of livestock.
Provision 34.1 defines portable equipment.
44. Provision 35 specifies:
- the particular provisions of this Part that do not apply to livestock carried on short voyages;
- the responsibilities of a State or Territory stock inspector in relation to short voyages;
- transport units to which provisions of this Part do not apply in relation to carriage of livestock in pens or portable equipment;
- requirements for the construction and arrangement of portable equipment; and
- watering and ventilation requirements.
Provision 35.5.3 is a penal provision that requires the master to ensure stock is watered at least once in each period of 24 hours while on board.
Provision 35.7 is a penal provision which requires the master of a ship to ensure that road vehicles and horse floats are properly stowed and secured.
45. Provision 36 detail penal provisions which require the master to ensure the carcass of dead livestock is disposed of in accordance with Annex V of MARPOL 73/78, and that no carcass is disposed of at sea within 100 nautical miles of nearest land unless prior measures have been taken to open the thoracic and abdominal cavities.
46. Provision 37.1 is a penal provision which requires the master to provide to the Manager, Ship Inspections, a copy of any notifiable incident report that has been provided to AQIS in accordance with the Australian Standard for the Export of Livestock.
Provision 37.2 provides for the Manager, Ship Inspections, to direct a surveyor to carry out a preliminary inquiry into the death or causes of death of a species when the mortality is equal to, or greater than, the reportable level.
Provision 37.3 provides for the Manager, Ship Inspections, to require the owner, operator or master of a ship to provide information for the purpose of monitoring the situation on board a ship while still engaged on its voyage.
Provision 37.4 is a penal provision requiring the owner, operator or master of a ship to comply with Provision 37.3 of this Part.
Provision 37.5 provides for a preliminary inquiry under Provision 37.2 to commence immediately upon the Manager, Ship Inspections, directing a surveyor to carry out the inquiry, even when the ship is still engaged on its voyage.
Provision 37.6 provides for a surveyor to require the owner, operator or master of a ship to supply information that the surveyor considers relevant to the inquiry, even when the ship is still engaged on a voyage.
Provision 37.7 is a penal provision that requires the owner, operator or master of a ship to comply with the requirements of a surveyor under Provision 37.6.
Provision 37.8 specifies that a preliminary inquiry carried out under Provision 37.2, may include verification of the continued accuracy of relevant data shown on the ship’s Record of Equipment and Arrangements.
Provision 37.9 provides for the Manager, Ship Inspections, to prohibit or impose conditions on the loading of livestock on a ship on which a preliminary inquiry is being, or has been carried out under Provision 37.2.
Provision 37.10 is a penal provision requiring the master of the ship to comply with any prohibition or condition imposed under Provision 37.9.
Provision 37.11 provides that after the report of a preliminary inquiry is completed, the Manager, Ship Inspections must determine whether to suspend the ship’s Australian Certificate for the Carriage of Livestock, and
Provision 37.12 requires that if the Manager, Ship Inspections decides no suspension is warranted, the Manager must lift any prohibition or remove any conditions on loading livestock.
47. Provision 38.1 specifies that regardless of compliance with this Part, if the Manager, Ship Inspections considers that the safety of persons or the proper carriage of livestock is insufficient, the Manager, Ship Inspections may direct the operator or master of the ship to take additional precautions or conditions of carriage as the Manager considers necessary.
Provision 38.2 is a penal provision which requires any person who is given a direction under Provision 38.1 to comply with that provision.
48. Provision 39 is a transitional provision to enable any exemption or modification granted or continued or an Australian Certificate for the Carriage of Livestock issued, unde a provision of Marine Order, Part 43, Issue 5 to continue in force as if granted under this Issue of this Part. The Provision also specifies that an investigation or the imposition of additional requirements carried out in Issue 5 to be equivalent in actions taken under this Issue.
49. Appendix 1 provides the forms to be used in conjunction with this Part.
50. Appendix 2 specifies the information to be provided by applicants to obtain an ACCL.
51. Appendix 3 specifies the method for determining a ship’s compliance with the stability criteria required for livestock carriers.
52. Appendix 4 prescribes the systems and equipment that ensure an adequate level of maintenance of livestock services for a ship that is permanently equipped for the carriage of livestock. This provision also provides that as an alternative a ship operator may demonstrate adequate redundancy in systems and equipment by supplying to the Manager, Ship Inspections a risk analysis of the systems involved.
Documents incorporated by reference
Copies of ASEL (Australian Standards for the Export of Livestock) can also be found at the Department of Agriculture Fisheries and Forestry website at http://www.daff.gov.au/livestockexportstandards
The following may be purchased from either the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR – telephone +44(0)207735 7611 – facsimile +44 (0)20 7587 3210. – IMO web site: http://www.imo.org
Or from Boat Books Australia:
– 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;
– web address: http://www.boatbooks-aust.com.au
- International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)
- International Maritime Dangerous Goods Code
Australian Maritime Safety Authority
November 2006