Marine Orders - Part 54: Coastal Pilotage, Issue 4 (Order No. 10 of 2006)

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Legislation au F2006L02604 Not in force Legislative Instrument

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EXPLANATORY NOTES

Marine Orders, Part 54

(Coastal Pilotage)

Issue 4

Order No. 10 of 2006

 

Authority

 1. 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 the Act for or in relation to which provision may be made by regulations.

 

 3. Marine Orders, Part 54, Issue 4, was made pursuant to subsection 425(1AA).

Purpose

 4. Marine Orders Part 54:

  • makes provision for licensing of coastal pilots and the manner in which they carry out their duties;
  • makes provision for the operations of pilotage providers; and
  • designates Torres Strait as a compulsory pilotage area; and
  • prescribes the information to be provided with an application for exemption from the requirement to navigate with a pilot.

 

 5. Marine Orders Part 54, Issue 4:

  •      repeals Marine Orders Part 54, Issue 3;

 

Consultation

 

 6. A copy of the draft text of this issue was circulated to Hydro Pilots, Reef Pilots, Torres Pilots, Great Barrier Reef Marine Park Authority, Australian Shipowners Association, Shipping Australia Limited, and Maritime Safety Queensland for comments. The draft text was also placed on the AMSA web site for public comment.

 


Overview

 

 7.              This Part was recently reviewed taking into consideration the International Maritime Organization (IMO) Resolution MEPC.133(53), Designation of the Torres Strait as an extension of the Great Barrier Reef Particularly Sensitive Sea Area. Consequently, the Torres Strait has been specified as a compulsory pilotage area.

 

8.           Other changes include:

  •      the creation of a new licence for the Whitsundays pilotage area;
  •      introduction of a trainee pilot licence;
  •      clarifying reporting requirements for both pilots and pilotage providers; and
  •      revisions to the Queensland Coastal Pilotage Safety Management Code.

 

 9. The opportunity has been taken to update and reformat some provisions to the current drafting style and to introduce a time-limit of three months for lodging an application for internal review of a decision made under this Part.

 

Contents of the Order

 

 9.              Provision 1 indicates both the purpose 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 Part.

 

11. Provision 4 provides the circumstances that require the application of this Part.

 

12. Provision 5 provides for an internal review by the General Manager of a decision made by the Manager, Ship Operations and Qualifications. The provision also provides for a review by the Administrative Appeals Tribunal of the General Manager’s decision and for a statement of reasons to be provided to the applicant.

 

13. Provision 6 specifies requirements in relation to the licensing of pilots which include:

  •      pilotage duties permitted relative to particular pilot licences;
  •      eligibility for particular licences;
  •      duration and renewal of particular licences;
  • procedures in relation to the issuing and renewal of particular licences;
  • the issue of an interim document pending the issue and renewal of a particular licence, with Provision 6.4.8 relating to the surrender of an interim document specified as a penal provision;
  • cancellation, suspension or variation of licences or restricted licences, with Provision 6.5.8 relating to the surrender of a cancelled or suspended licence within a specified period specified as a penal provision; and
  • replacement of licences, with Provision 6.6.2 relating to the surrender of a lost licence following its recovery specified as a penal provision.

 

14. Provision 7 specifies duties of a pilot including the reporting of deficiencies in relation to a ship and other reporting matters. Provision 7.1 is a penal provision and requires a pilot to carry out duties in accordance with the Queensland Coastal Pilotage Safety Management Code.

 

15. Provision 8 specifies the duties of a pilotage provider including the timely supply of information prior to providing a pilot for a transit of Torres Strait. The provision also specifies the conditions for the issuing of a Document of Compliance and the associated validity periods. Provision 8.1.1 is a penal provision which prohibits a person from acting as a pilotage provider unless the person is the holder of a valid Document of Compliance. Provision 8.2 is a penal provision that requires a pilotage provider to operate in accordance with the Queensland Coastal Pilotage Safety Management Code.

 

16. Provision 9 specifies that the Torres Strait is a compulsory pilotage area.

 

17. Provision 10 prescribes the information to be provided with an application for exemption from the requirement to navigate with a pilot.

 

18. Provision 11 is a transitional provision to enable a licence, issued under Issue 3 of this Part to remain in force as if granted under this Issue of this Part.

 

19. Appendix 1 sets out the Queensland Coastal Pilotage Safety Management Code.

 

20. Appendix 2 provides a chart of the Torres Strait pilotage area.

 

Documents incorporated by reference

The following publications may be purchased from the International Maritime Organization (IMO), 4 Albert Embarkment, London SE1 7SR – telephone
+44(0)20 7735 7611 – facsimile +44(0)20 7587 3210. – IMO web site: http://www.imo.org,

 and 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;

- Web address: http://www.boatbooks-aust.com.au/.

 

  • International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code);
  • The IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, (BCH Code);
  • International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code);
  • IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (GC Code);

 

 

 

Australian Maritime Safety Authority

August 2006

Overview

The Marine Orders, Part 54 (Coastal Pilotage) Issue 4 Order No. 10 of 2006 was enacted to address the need for comprehensive regulation of coastal pilotage services in Australia, particularly in sensitive areas such as the Torres Strait. This Order was made under the authority granted by subsection 425(1AA) of the Navigation Act 1912, allowing the Australian Maritime Safety Authority (AMSA) to issue orders concerning any matter within the scope of the Act. The primary objectives of this Order include the licensing of coastal pilots, the regulation of pilotage providers, and the designation of compulsory pilotage areas such as the Torres Strait to enhance maritime safety. It also sets out the information required for applications for exemption from pilotage requirements. This legislative instrument reflects the international standards set by the International Maritime Organization (IMO) and seeks to ensure that maritime operations within Australian waters are conducted safely and efficiently.

Scope and Application

The Marine Orders Part 54, Issue 4, made under the Navigation Act 1912, applies to the licensing of coastal pilots, the operations of pilotage providers, and the mandatory use of pilots in the Torres Strait. These orders are applicable to individuals who act as coastal pilots, entities that provide pilotage services, and vessels navigating through the designated compulsory pilotage areas, which now include the Torres Strait. The scope of these orders extends nationally, as they are administered by the Australian Maritime Safety Authority (AMSA), a Commonwealth authority. The provisions within this Part include licensing requirements for pilots, their duties, and the operations of pilotage providers, ensuring adherence to the Queensland Coastal Pilotage Safety Management Code. Additionally, the orders provide for internal reviews of decisions made by the Manager, Ship Operations and Qualifications, and allow for appeals to the Administrative Appeals Tribunal. While the orders themselves set the primary framework, AMSA may issue further subordinate instruments to clarify or extend the application of these provisions.

Key Provisions

The Marine Orders, Part 54 (Coastal Pilotage) Issue 4 Order No. 10 of 2006 is structured to address the licensing of coastal pilots, their duties, the operations of pilotage providers, and the designation of compulsory pilotage areas. Under Section 1, the Order is made pursuant to the Navigation Act 1912, which grants the Australian Maritime Safety Authority (AMSA) the authority to issue orders regarding matters covered by the Act. Section 4 details the key provisions, which include the licensing of coastal pilots, the manner in which they perform their duties, the operations of pilotage providers, and the designation of Torres Strait as a compulsory pilotage area, along with the information required for an application for exemption from the pilotage requirement. The Order imposes several obligations on the parties it governs. Coastal pilots must adhere to the licensing requirements outlined in Section 6, which include eligibility criteria, procedures for issuing and renewing licences, and the surrender of interim, cancelled, or lost licences. Pilots are also required to report any deficiencies in relation to a ship and to follow the Queensland Coastal Pilotage Safety Management Code, as stipulated in Section 7. Pilotage providers, under Section 8, must supply timely information before providing a pilot for a transit of Torres Strait, obtain a valid Document of Compliance, and operate in accordance with the Queensland Coastal Pilotage Safety Management Code. Breach of certain provisions of the Order can result in civil or criminal penalties. For instance, under Section 6.4.8, failing to surrender an interim document within the specified period is considered a penal provision. Similarly, Section 6.5.8 penalises the failure to surrender a cancelled or suspended licence within the specified period, while Section 6.6.2 penalises the failure to surrender a lost licence following its recovery. Section 7.1 imposes a penalty for a pilot who fails to carry out duties in accordance with the Queensland Coastal Pilotage Safety Management Code. Additionally, Section 8.1.1 penalises a person who acts as a pilotage provider without a valid Document of Compliance, and Section 8.2 penalises a pilotage provider who fails to operate in accordance with the Queensland Coastal Pilotage Safety Management Code. These provisions highlight the serious consequences of non-compliance, reinforcing the importance of adhering to the regulations set forth in the Order.

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