Explanatory Statement
Marine Orders Part 56 Amendment 2011 (No. 1) (REEFREP)
Order No. 2 of 2011
Purpose
Marine Orders Part 56 issue 2 (REEFREP) (MO56) gives effect to regulation 11 of Chapter V of SOLAS which deals with ship reporting systems. MO56 generally makes provision about the safety and efficiency of navigation and protection of the marine environment in the Torres Strait region and the Inner Route of the Great Barrier Reef
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Authority
Part IV of the Navigation Act 1912 (the Act) deals with ships and shipping. Section 191 is found in Part IV of the Act. Section 191 provides that regulations may make provision in relation to giving effect to the Safety Convention which is the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
Subsection 425(1) of the Act provides that the Governor-General may make regulations necessary or convenient for carrying out or giving effect to the Act.
Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority to make orders about matters dealt with in Part IV of the Act in relation to which provision may be made by regulations.
MO56 was made under section 425(1AA) of the Act, as is the amendment.
Overview
The Order gives effect to amendments that were adopted by the International Maritime Organization (IMO) in regard to ship reporting systems in the Torres Strait region and the Inner Route of the Great Barrier Reef. These amendments relate to amendments to an international convention (SOLAS) to which Australia is a signatory. Based on the information available, the impact of the Order is minor and no further analysis in the form of a Regulation Impact Statement is required (OBPR Reference number 12377).
In December 2010, IMO adopted Resolution MSC.315(88) extending the coverage of the ship reporting systems area (known as REEFREP) to the south-east.
The opportunity has been taken to restructure MO56 in line with current drafting standards and to update a number of definitions and provisions. These include redefining the REEFREP reporting centre from Hay Point to Townsville.
Consultation
A copy of the draft amendments in the Order was placed on the AMSA website for public comment. A copy of the draft amendments in the Order was circulated for comment to a range of stakeholders, including:
- American Bureau of Shipping (ABS)
- Aluminium Boats Australia
- ASP Ships
- Austal
- Australian Antarctic Division
- Australian Forum of Explosives Regulators
- Australian Helicopters
- Australian Institute of Marine and Power Engineers (AIMPE)
- Australian Maritime College
- Australian Maritime Officers Union (AMOU)
- Australian National Line
- Australian Petroleum Production and Exploration Association Ltd
- Australian Reef Pilots
- Australian Shipowners Association (ASA)
- Australian Transport Safety Bureau
- BHP Billiton
- Bureau Veritas (BV)
- Caltex Refineries (NSW) Pty Ltd
- Captain Cook Cruises
- CBG Systems Pty Ltd
- Challenger Systems Pty Ltd
- China Classification Society (CCS)
- Department of Defence
- Department of Infrastructure, Transport, Regional Development and Local Government (DITRDLG)
- Det Norske Veritas (DNV)
- Germanischer Lloyd (GL)
- Korean Register (KR)
- Lloyd’s Register (LR);
- Shipping Australia Limited (SAL).
Contents of the Order
Amending items are set out in Schedule 1 to the amending instrument.
Item [7] amends the definition of REEFREP area in MO56.
Item [9] inserts a definition of REEFVTS.
Item [28] simplifies the ways of reporting for provision 5 of MO56.
Item [33] adds a number of new mandatory reporting points.
Most other items make minor drafting changes.
Legislative instrument
The amendment is a legislative instrument for the Legislative Instruments Act 2003.
Commencement
The amendment commences on 1 July 2011.
Making the Order
This Order has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49 (4) of the Australian Maritime Authority Act 1990.