Marine Orders - Part 50: Special purpose ships, Issue 4 (Order No. 2 of 2007)

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Legislation au F2007L01137 Not in force Legislative Instrument

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EXPLANATORY NOTES

Marine Orders, Part 50

Special purpose ships

Issue 4

Order No. 2 of 2007

 

Authority

 

 1. Subsection 425(1) of the Navigation Act 1912 (the Navigation Act) empowers the Governor-General to prescribe matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Navigation Act.

 

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

 3. Marine Orders, Part 50, Issue 4, was made pursuant to subsection 425(1AA).

 

Purpose

4.            Marine Orders Part 50:

● gives effect to the IMO Code of Safety for Special Purpose Ships (the Code), IMO Resolution A.534(13), as amended by MSC/Circ. 739 and Resolution MSC.183(79);

● specifies classes of ships for the purposes of the definition of special purpose ship in section 283 of the Navigation Act; and

● prescribes a class of persons for the purposes of the definition of special personnel in paragraph 283(d) of the Navigation Act.

 

 5. Marine Orders Part 50, Issue 4, repeals Issue 3.

 

Consultation

 

 6. A copy of the draft text of this Issue was circulated to Australian Shipowners Association, Shipping Australia Limited, Australian Petroleum Production & Exploration Association Limited, and approved survey authorities for comment. The draft was also placed on the AMSA internet website for public comment.

 

Overview

 

 7. Marine Orders Part 50 is being amended to give effect to changes to the form of Special Purpose Ship Safety Certificate adopted by IMO Resolution MSC.183(79).  In the form of the certificate a new section has been inserted between the section commencing with the words ‘This Certificate is valid until….’ and the section commencing with the words ‘Issued at…..’: Completion date of the survey on which this certificate is based: …………………….(dd/mm/yyyy)

 

 8. This issue of Marine Orders Part 50 defines ‘a special purpose ship’ and ‘special personnel’ for the purposes of section 283 of the Navigation Act. The opportunity has also been taken to update both the definitions provision and the review of decisions provision to reflect current administrative titles and procedures.

 

 

Contents of the Order

 

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

 

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

 

11. Provision 4 specifies the ships to which this Part does and does not apply.

 

12.             Provision 5 provides for the exemption of a ship from compliance with a provision of this Part, and the acceptance of an equivalent fitting, material, appliance or apparatus or type that is at least as effective as that required under the Part or by SOLAS or the Code.

 

13.             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 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.

 

14.             Provision 7 prescribes the class of ships that are special purpose ships, and prescribes a class of persons.

 

15.             Provision 8.1.1 prescribes the requirement for a ship, regarded as a special purpose ship, to have certificates of survey and equipment appropriate for a cargo ship, together with a Special Purpose Ship Safety Certificate.

 

16.             Provision 8.1.2 specifies that the master or owner must not take or permit the ship to be taken to sea unless there is in force a Special Purpose Ship Safety Certificate.  This is a penal provision.

 

17.             Provision 9 provides for ships built before 1 May 1987, or ships less than 500 gross tonnage, to be allowed a degree of flexibility in respect of compliance required under the Code.

 

18.             Provision 10 prohibits the master of a special purpose ship from taking the ship to sea unless satisfied that every person carried on board as special personnel has appropriate knowledge of the layout of the ship and has received appropriate training in safety procedures.  This is a penal provision.

 

19.             The Appendix provides the Special Purpose Ship Safety Certificate form.

 

 

Documents incorporated by reference

 

20. The following publications may be purchased from either:

-        - the International Maritime Organization (IMO)
4 Albert Embarkment, London SE1 7SR – telephone 020 7735 7611 – facsimile 020 7587 3210. – IMO web site: http://www.imo.org ; or

-        Boat Books
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;
E-mail boatbks@boatbks.com.au

  • The IMO Code of Safety for Special Purpose Ships (the Code), IMO Resolution A.534(13), as amended by MSC/Circ. 739 and Resolution MSC.183(79);

 

IMO Resolutions can be obtained from AMSA, telephone (02) 6279 5084.

 

 

 

Australia Maritime Safety Authority

April 2007

Overview

The Marine Orders Part 50, Issue 4, was enacted in 2007 to align with the International Maritime Organization (IMO) Code of Safety for Special Purpose Ships and related resolutions, specifically to address the safety requirements for ships engaged in special purposes such as underwater construction, salvage, and scientific research. This Order was created under the authority of the Navigation Act 1912, allowing the Australian Maritime Safety Authority (AMSA) to make orders necessary for carrying out the Act. The primary objective of this Order is to define and regulate special purpose ships, ensuring they meet specific safety standards and certifications. This includes defining what constitutes a special purpose ship, prescribing safety certificates, and outlining exemptions and review processes for certain ships and personnel. The Order also ensures compliance with international maritime safety standards, enhancing maritime safety and environmental protection within Australian waters.

Scope and Application

The Marine Orders, Part 50, Special Purpose Ships, Issue 4, made under the authority of the Navigation Act 1912, applies to special purpose ships and their operators within Australian waters. This legislation aims to implement the International Maritime Organization's (IMO) Code of Safety for Special Purpose Ships, ensuring that these vessels meet international safety standards. The Act specifies classes of ships that are considered special purpose ships and outlines the requisite certificates and safety measures that must be in place. Additionally, it provides definitions for special personnel and mandates that masters of such ships must ensure all personnel on board are trained in safety procedures. The Act also allows for exemptions and alternative compliance measures in certain circumstances, such as for older ships or those under a certain tonnage, while ensuring that any alternative measures are at least as effective as those prescribed. The scope of this legislation is national, affecting all maritime operations within Australia, and it extends to include both Australian and foreign ships operating in Australian waters.

Key Provisions

The main operative sections of the Marine Orders, Part 50, Issue 4, outline the requirements and permissions associated with special purpose ships under the Navigation Act 1912 (Section 1). Specifically, Provision 1 establishes the purpose of these Orders and the legal authority to issue them (Section 9). Provision 2 provides definitions and interpretations necessary for understanding the Orders (Section 10 and 11). Provision 4 details which ships are subject to these regulations and which are exempt (Section 12). Provision 5 allows for exemptions and the acceptance of equivalent materials or appliances if they are at least as effective (Section 13). Provision 6 outlines the review processes for decisions made under these Orders, including internal reviews and reviews by the Administrative Appeals Tribunal (Section 14). Provision 7 specifies which ships are classified as special purpose ships and defines special personnel (Section 15). Provision 8 mandates that special purpose ships must have appropriate certificates of survey, equipment, and a Special Purpose Ship Safety Certificate, and prohibits taking the ship to sea without these certificates (Section 16 and 17). Provision 9 provides flexibility for ships built before 1 May 1987 or those less than 500 gross tonnage regarding compliance with the Code (Section 18). Finally, Provision 10 requires the master to ensure that all special personnel are knowledgeable about the ship’s layout and have received appropriate safety training (Section 19). The Marine Orders impose several obligations on the parties they govern. Ship owners and masters must ensure their vessels meet the certification and equipment requirements specified in Provision 8 (Section 16 and 17). They must also ensure that any special personnel on board have the necessary knowledge and training as outlined in Provision 10 (Section 19). Additionally, any exemptions or acceptance of equivalent materials must be in line with the criteria set out in Provision 5 (Section 13). The Orders also require adherence to the review processes outlined in Provision 6, including internal reviews and the possibility of review by the Administrative Appeals Tribunal (Section 14). Failure to comply with the requirements set out in the Marine Orders can result in various penalties and consequences. Taking a ship to sea without the required Special Purpose Ship Safety Certificate, as mandated in Provision 8.1.2, is a penal provision and can lead to legal repercussions (Section 17). Similarly, the master’s failure to ensure that special personnel have appropriate knowledge and training, as stipulated in Provision 10, is also a penal provision (Section 19). The exact penalties for these breaches are not specified in the Orders but can be severe, as they are considered offences under the Navigation Act. Non-compliance with other provisions may also result in administrative or legal actions as deemed necessary by the Australian Maritime Safety Authority (AMSA).

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