EXPLANATORY NOTES
Marine Orders, Part 50
Special purpose ships
Issue 5
Order No 12 of 2009
Purpose
1. Marine Orders Part 50 makes provision for the construction, equipment and operation of special purpose ships and the training requirements for special personnel. Marine Orders Part 50:
● gives effect to the IMO Code of Safety for Special Purpose Ships (the 2008 SPS Code) adopted by IMO resolution MSC.266(84);
● 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.
Power
2. 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.
3. 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.
4. Marine Orders, Part 50, Issue 5, was made pursuant to subsection 425(1AA).
Consultation
6. A copy of the draft of Part 50, Issue 5, was circulated to relevant AMSA managers, Australian Shipowners Association, Australian Transport Safety Bureau, Australian Shipbuilders Association, Department of Infrastructure, Transport, Regional Development and Local Government, AMSA recognised organisations (ABS, BV, ClassNK, CCS, DNV, GL and LR) and Shipping Australia Limited. All comments were considered. A copy of the draft was also placed on the AMSA website for public comment.
Overview
7. At its 84th session (13 May 2008) the Maritime Safety Committee of IMO adopted the 2008 SPS Code. The 2008 SPS Code supersedes the SPS Code adopted in 1983 by resolution A.543(14). Although the Code is not mandatory under SOLAS, an application date of 13 May 2008 applies.
8. The 2008 SPS Code includes the following changes:
(a) The Code does not apply to ships meeting the MODU Code;
(b) The Code is not intended to for ships used to transport and accommodate industrial personnel that are not working on board;
(c) The Code defines categories of personnel only but not types of ships that can be certified (as opposed to the superseded Code);
(d) The Code can be used for sail training ships;
(e) The Code presupposes that SOLAS 74, as amended, is fulfilled;
(f) Introduces probabilistic damage stability;
(g) A new chapter 11, Security, has been inserted into the Code;
(h) Dangerous goods that are carried on board for shipment as cargo and are not used on board must comply with the IMDG Code;
(i) The Code defines additional requirements that must be fulfilled (passenger ship requirements) depending on the total number of persons on board;
(j) Minor changes to A.534(13), adopted since 1983 are included (such as changes adopted by MSC/Circ.739 and resolution MSC.183(79) in the Code; and
(k) All SOLAS references are updated.
9. 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 the Order in line with current drafting practices by updating definitions and formatting.
Contents of the Order
10. Provision 1 provides the purpose of this Marine Order and the power to make this Marine Order, pursuant to the Navigation Act.
11. Provision 2 provides definitions of words and phrases used in the Marine Order.
12. Provision 3 provides an interpretation of words and phrases used in the Marine Order.
13. Provision 4 specifies the ships to which this Part applies.
14. 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.
15. Provision 6 provides for an internal review by the Deputy CEO of a decision made by the Manager, Ship Inspections, under this Part. The provision also provides for a review by the Administrative Appeals Tribunal of the Deputy CEO’s decision and for a statement of reasons to be provided by the decision-maker upon request of an applicant.
16. Provision 7 prescribes the class of ships that are special purpose ships, and prescribes a class of persons.
17. 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.
18. 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.
19. Provision 8.1.6 specifies that a ship constructed before 1 January 2010 may use either a Special Purpose Safety Certificate in the Appendix or a Special Purpose Ship Safety Certificate issued in compliance with the previous Issue (Issue 4) of this Part. AMSA will accept either Certificate.
20. 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.
21. Provision 9.3 specifies that ships constructed after 1 May 1987 but before 1 January 2010 need not comply with Issue 5 but must comply with the previous Code of Safety for Special Purpose Ships adopted by
resolution A.534(13), as amended by MSC.183(79) and MSC/Circ.739.
22. 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.
23. The Appendix provides the Special Purpose Ship Safety Certificate form.
Documents incorporated by reference
- 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);
- The 2008 Code of Safety for Special Purpose Ships.
The above publications may be purchased from:
the International Maritime Organization (IMO)
Albert Embankment, London SE1 7SR
Phone +44-20 7735 7611
Fax +44 – 20 7587 3210
http://www.imo.org
A list of distributors who maintain permanent stock of all IMO publications can be found on the IMO website above.
Australia Maritime Safety Authority
December 2009