EXPLANATORY NOTES
Marine Orders, Part 47
(Mobile Offshore Drilling Units)
Issue 2 (Amendment)
Order No 1 of 2001
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 Act.
2. Section 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority to make orders with respect to matters in Part IV and VB of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 47, Issue 2, Order No 1 of 2001, Amendment, was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 24 February 2001.
Purpose
5. Marine Orders Part 47, for the purposes of the Navigation Act, prescribes matters pertaining to the construction, equipment, operation and safe navigation of mobile offshore drilling units (MODUs) and gives effect to the International Maritime Organization (IMO) resolutions with respect to MODUs.
6. This amendment has been made to clarify the meaning of text and to amend a penal offence for Provision 7.
Consultation
7. Consultation was not required as the purpose of this amendment was to clarify the existing provisions within Issue 2.
Overview
8. Marine Orders Part 47, Issue 2 gives effect to the Code for Construction and Equipment of Mobile Offshore Drilling Units, 1979, and the Code for Construction and Equipment of Mobile Offshore Drilling Units, 1989, both adopted by IMO and amended.
9. This amendment:
- revises Marine Orders Part 47, Issue 2;
- meets a commitment to the Standing Committee on Regulations and Ordinances to clarify text and to amend a penal offence.
Contents of the Order
Pages 3 to 6 of the order have been replaced as they contain provisions that have been amended. The amendments are as follows:
10. Provision 2 indicates the purpose for which this Order has been made and specifies the types of MODUs to which this Part applies. This Provision has been amended to clarify that an exemption to a MODU constructed prior to 1 July 1986, would be given under Provision 3.2 (and therefore be reviewable).
11. Provision 4 provides for the review by the Administrative Appeals Tribunal of specified decisions made under this Part and for the provision of a statement of reasons. The heading of Provision 4.2 has been amended to more accurately reflect the purpose of the provision.
12. Provision 5 specifies, for the purpose of the Navigation (Orders) Regulations, the provisions that are penal provisions. This Provision has been amended to provide that failure to comply with Provision 7 of this Part constitutes an offence by the owner only.
Australian Maritime Safety Authority
January 2001
Overview
The Marine Orders, Part 47, Issue 2, Order No 1 of 2001 Amendment, enacted in 2001, serves to amend and clarify the provisions of the Navigation Act 1912 concerning the construction, equipment, operation, and safe navigation of mobile offshore drilling units (MODUs). This amendment was made under the authority of the Australian Maritime Safety Authority, as stipulated in section 425(1AA) of the Navigation Act, and aims to bring clarity to existing provisions and correct a penal offence as per the commitment to the Standing Committee on Regulations and Ordinances. The amendment was gazetted on 24 February 2001 and is designed to ensure compliance with the International Maritime Organization's resolutions regarding MODUs, thereby enhancing safety and regulatory standards within the maritime industry.
Scope and Application
The Marine Orders Part 47 (Mobile Offshore Drilling Units) Issue 2 (Amendment) Order No 1 of 2001 applies to the construction, equipment, operation and safe navigation of mobile offshore drilling units (MODUs) within the Australian maritime zone. This Order is made under the authority of Section 425(1AA) of the Navigation Act 1912 and is intended to give effect to International Maritime Organization resolutions concerning MODUs. The Order outlines specific requirements for the construction, equipment, and operation of MODUs, ensuring they meet international safety standards. Additionally, it provides for the review of certain decisions by the Administrative Appeals Tribunal and amends the definition of penal provisions to clarify that non-compliance with certain provisions constitutes an offence by the owner. The amendment to Provision 5 specifies that failure to comply with Provision 7 is an offence by the owner only, thereby clarifying and strengthening the enforcement of safety standards for MODUs.
Key Provisions
The primary operative sections of this legislation, Marine Orders Part 47, Issue 2, Order No 1 of 2001 Amendment, pertain to the construction, equipment, operation, and safe navigation of mobile offshore drilling units (MODUs). Specifically, Provision 2 clarifies the purpose of the Order and the types of MODUs it applies to, while Provision 3.2 specifies that exemptions for MODUs constructed prior to 1 July 1986 will be reviewable. Provision 4 provides for the review by the Administrative Appeals Tribunal of specified decisions made under this Part, and requires the provision of a statement of reasons. Lastly, Provision 5 outlines the penal provisions for the Navigation (Orders) Regulations, and has been amended to clarify that failure to comply with Provision 7 of this Part constitutes an offence by the owner only.
The obligations and requirements imposed by this Act on the parties or entities it governs include adherence to the specifications and standards set forth in the Marine Orders Part 47 for the construction, equipment, operation, and safe navigation of MODUs. Owners of MODUs must ensure that their units comply with the amended provisions and associated regulations, including the requirement to obtain any necessary exemptions and to provide statements of reasons when required. Furthermore, owners must be aware of the specific provisions that constitute penal offences, such as non-compliance with Provision 7, and must take all necessary steps to avoid such breaches.
Breaches of the provisions outlined in this Act may result in civil or criminal consequences, depending on the nature and severity of the offence. For example, failure to comply with Provision 7 constitutes an offence by the owner, and may result in fines or imprisonment as outlined in the Navigation Act. The maximum penalties for contravention of the Marine Orders Part 47 may vary depending on the specific provision breached, and may include fines of up to $22,000 for individuals and $110,000 for corporations, as well as imprisonment for up to two years. It is important for parties and entities governed by this Act to be aware of the potential consequences of non-compliance, and to take all necessary steps to ensure that they meet their obligations under the legislation.